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 19900000 English Page iv ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1990 19900000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Page v TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2427 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral LII 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 CCXCV State Auditor's Report on Retirement Bills CCCIV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5283 Municipal Home Rule Actions 5355 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral LII 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 CCXCV State Auditor's Report on Retirement Bills CCCIV Page vi ERRATA TO ALL USERS OF THE 1990 GEORGIA LAWS: The Georgia Laws are produced from a series of computer [Illegible Text] furnished to the printer by the General Assembly. Because [Illegible Text] change in the software used by the General Assembly, the [Illegible Text] computerized typesetting equipment did not read, and [Illegible Text], the symbol in several locations in the 1990 [Illegible Text] Laws. This problem was not discovered until the 1990 [Illegible Text] Laws had been printed and the paperback edition had been tributed. The symbols do appear in the enrolled Acts signed the Governor and are part of the law. The symbol should inserted in your copies of the 1990 Georgia Laws at the [Illegible Text] locations: 1) 1990 Georgia Laws, p. 1120, following 20 on the ninth [Illegible Text] page 1120; 2) 1990 Georgia Laws, p. 1914, following 25 in six location subsections (b) and (c) of Code Section 40-5-53; 3) 1990 Georgia Laws, p. 2074, following 50 in the second of subsection (b) of Code Section 40-2-33; 4) 1990 Georgia Laws, p. 2085, following 50 in Code [Illegible Text] 40-2-43; 5) 1990 Georgia Laws, p. 2139, following 50 in Code [Illegible Text] 40-3-39; and 6) 1990 Georgia Laws, p. 2178, following 25 in six location subsections (b) and (c) of Code Section 40-5-53. We regret any inconvenience which has resulted from problem. COMPILER'S NOTE General Acts and Resolutions of the 1990 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 2427. 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 1989 are printed in Volume II beginning at page 5283. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1989 are printed in Volume II beginning at page 5355. There are no numbered pages between page 2446 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index also contains a list of Code Sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 705 3501 706 3504 707 1 708 5 709 6 710 3506 711 3508 712 3510 713 3517 714 8 715 44 716 3525 717 3529 718 45 719 53 720 54 721 131 722 132 723 3530 724 3534 725 133 726 3539 727 3542 728 135 729 3550 730 3554 731 3556 732 3558 733 137 734 138 735 3560 736 3640 737 3643 738 139 739 3648 740 3650 741 3658 742 3662 743 3665 744 143 745 157 746 159 747 3668 748 161 749 3677 750 162 751 164 752 3715 753 167 754 168 755 3717 756 3724 757 3729 758 3731 759 3734 760 3740 761 3743 762 3745 763 3764 764 3765 765 3768 766 3770 767 3774 768 3780 769 3783 770 3785 771 3787 772 3790 773 3794 774 3807 775 3840 776 3843 777 3845 778 3855 779 3860 780 3868 781 3880 782 3882 783 3884 784 3886 785 3888 786 3891 787 3894 788 3896 789 172 790 3900 791 3914 792 3916 793 3918 794 3921 795 3928 796 3931 797 3935 798 3941 799 3944 800 3978 801 3982 802 3989 803 3992 804 3995 805 3998 811 4011 812 4013 813 4016 814 4018 815 4020 816 4022 817 4025 818 4030 819 4032 820 4035 821 4038 822 4040 823 4042 824 4045 825 4047 826 4054 827 4056 828 4059 829 4070 830 4072 831 4074 832 4077 833 4079 834 4080 835 4083 836 4085 837 4100 838 4102 839 4104 840 4109 841 4111 842 4113 843 4117 844 4119 845 4121 846 4123 847 4125 848 4127 849 4130 850 4131 851 4134 852 4142 853 4145 854 4146 855 4149 856 4155 857 4159 858 4163 859 4167 860 4171 861 4175 862 4177 863 4179 864 4181 865 4183 866 4185 867 4187 868 4189 869 4191 870 4193 871 4200 872 4202 873 4205 874 4207 875 4209 876 4212 877 4215 878 4217 879 4220 880 4224 881 4234 882 4236 883 4238 884 4242 885 4246 886 4251 887 4273 888 175 889 176 890 179 891 190 892 194 893 220 894 4291 895 4296 896 4298 897 4302 898 4304 899 4307 900 4310 901 4317 902 4320 903 4322 904 4324 905 4326 906 4329 907 4331 908 4334 909 4337 910 4339 911 4341 912 4343 913 4345 914 4347 915 4351 916 4355 917 4357 918 4361 919 222 920 4367 921 4371 922 4376 923 4378 924 4384 925 4388 926 4390 927 4392 928 4396 929 4398 930 4400 931 4402 932 4406 933 4408 934 4410 935 4415 936 4421 937 4424 938 4427 939 4430 940 4432 941 4435 942 4445 943 4447 944 4451 945 4456 946 4459 947 4466 948 4469 949 4474 950 4476 951 4479 952 4481 953 4484 954 4518 955 4520 956 4522 957 223 958 227 959 243 960 252 961 254 962 255 963 256 964 257 965 282 966 283 967 284 968 285 969 4524 970 4526 971 4528 972 4531 973 4534 974 4537 975 286 976 4540 977 4542 978 4544 979 4547 980 4549 981 4552 982 4587 983 4589 984 4592 985 4596 986 4601 987 4603 988 4606 989 4609 990 4611 991 4616 992 4618 993 4621 994 4623 995 4626 996 4630 997 4632 998 4635 999 4646 1000 4648 1001 4650 1002 4652 1003 4654 1004 4657 1005 4660 1006 4663 1007 4665 1008 4680 1009 4685 1010 4703 1011 4708 1012 4709 1013 4711 1014 4720 1015 4723 1016 4724 1017 4726 1018 4729 1019 4736 1020 4739 1021 4743 1022 4745 1023 4759 1024 4762 1025 4764 1026 4767 1027 4775 1028 4778 1029 4781 1030 4784 1031 4786 1032 4790 1033 4823 1034 4861 1035 4863 1036 4869 1037 4871 1038 4877 1039 4911 1040 4913 1041 4918 1042 4920 1043 4923 1044 4925 1045 4929 1046 4931 1047 4934 1048 4980 1049 4982 1050 4984 1051 4988 1052 4990 1053 5022 1054 289 1055 291 1056 292 1057 293 1058 294 1059 296 1060 297 1061 298 1062 299 1063 300 1064 301 1065 304 1066 309 1067 310 1068 312 1069 315 1070 317 1071 318 1072 320 1073 322 1074 325 1075 326 1076 328 1077 333 1078 336 1079 338 1080 340 1081 341 1082 343 1083 344 1084 346 1085 349 1086 350 1087 354 1088 356 1089 360 1090 362 1091 366 1092 368 1093 371 1094 372 1095 373 1096 376 1097 378 1098 380 1099 381 1100 382 1101 383 1102 384 1103 386 1104 391 1105 392 1106 412 1107 471 1108 474 1109 482 1110 487 1111 488 1112 489 1113 497 1114 5025 1115 5033 1116 5040 1117 5044 1118 5051 1119 5114 1120 5132 1121 5140 1122 506 1123 508 1124 510 1125 511 1126 514 1127 516 1128 518 1129 521 1130 523 1131 525 1132 527 1133 529 1134 532 1135 534 1136 536 1137 539 1138 540 1139 543 1140 546 1141 550 1142 553 1143 554 1144 556 1145 558 1146 560 1147 561 1148 565 1149 567 1150 568 1151 570 1152 572 1153 573 1154 576 1155 579 1156 585 1157 587 1158 588 1159 590 1160 591 1161 594 1162 606 1163 640 1164 642 1165 643 1166 644 1167 646 1168 647 1169 649 1170 650 1171 662 1172 5146 1173 5149 1174 5151 1175 5165 1176 5168 1177 5170 1178 5207 1179 5210 1180 5232 1181 667 1182 685 1183 688 1184 689 1185 690 1186 692 1187 705 1188 709 1189 711 1190 731 1191 732 1192 735 1193 738 1194 739 1195 747 1196 761 1197 762 1198 764 1199 767 1200 770 1201 780 1202 781 1203 782 1204 791 1205 793 1206 794 1207 797 1208 799 1209 805 1210 814 1211 816 1212 817 1213 5239 1214 847 1215 856 1216 860 1217 861 1218 865 1219 870 1220 872 1221 876 1222 877 1223 879 1224 881 1225 882 1226 886 1227 889 1228 891 1229 892 1230 894 1231 915 1232 917 1233 918 1234 920 1235 5253 1236 5263 1237 922 1238 992 1239 993 1240 997 1241 1000 1242 1001 1243 1003 1244 1004 1245 1013 1246 1032 1247 1034 1248 1035 1249 1039 1250 1051 1251 1057 1252 1061 1253 1062 1254 1079 1255 1081 1256 1087 1257 1088 1258 1097 1259 1101 1260 1118 1261 1122 1262 1131 1263 1132 1264 1134 1265 1146 1266 1147 1267 1148 1268 1149 1269 1154 1270 1164 1271 1166 1272 1201 1273 1203 1274 1207 1275 1211 1276 1212 1277 1216 1278 1218 1279 1222 1280 5265 1281 5267 1282 1225 1283 1226 1284 1231 1285 1235 1286 1236 1287 1238 1288 1241 1289 1243 1290 1247 1291 1251 1292 1253 1293 1254 1294 1256 1295 1261 1296 1263 1297 1269 1298 1270 1299 1274 1300 1275 1301 1282 1302 1283 1303 1284 1304 1312 1305 1315 1306 1316 1307 1319 1308 1320 1309 1324 1310 1327 1311 1329 1312 1331 1313 1332 1314 1337 1315 1339 1316 1341 1317 1343 1318 1344 1319 1345 1320 1347 1321 1348 1322 1350 1323 1351 1324 1353 1325 1354 1326 1359 1327 1361 1328 1363 1329 1364 1330 1367 1331 1369 1332 1371 1333 1372 1334 1396 1335 1397 1336 1399 1337 1400 1338 1402 1339 1408 1340 1409 1341 1421 1342 1423 1343 1425 1344 1427 1345 1434 1346 1436 1347 1440 1348 1441 1349 1443 1350 1445 1351 1446 1352 1448 1353 1466 1354 1469 1355 1471 1356 1476 1357 1477 1358 1484 1359 1487 1360 1489 1361 1491 1362 1495 1363 1496 1364 1500 1365 1501 1366 1505 1367 1506 1368 1534 1369 1560 1370 1566 1371 1572 1372 1642 1373 1650 1374 1653 1375 1657 1376 1672 1377 1676 1378 1686 1379 1689 1380 1690 1381 1691 1382 1696 1383 1701 1384 1731 1385 1735 1386 1761 1387 1765 1388 1772 1389 1778 1390 1785 1391 1795 1392 5272 1393 5279 1394 1796 1395 1798 1396 1808 1397 1810 1398 1811 1399 1817 1400 1829 1401 1830 1402 1831 1403 1832 1404 1834 1405 1836 1406 1837 1407 1843 1408 1857 1409 1858 1410 1866 1411 1867 1412 1869 1413 1871 1414 1875 1415 1883 1416 1901 1417 1902 1418 1903 1419 1913 1420 1916 1421 1924 1422 1930 1423 1939 1424 1943 1425 1944 1426 1945 1427 1959 1428 1965 1429 1967 1430 1968 1431 1969 1432 1972 1433 1980 1434 1983 1435 1986 1436 2004 1437 2009 1438 2012 1439 2015 1440 2018 1441 2019 1442 2022 1443 2024 1444 2026 1445 2028 1446 2033 1447 2037 1448 2041 1449 2043 1450 2046 1451 2048 1452 2336 1453 2338 1454 2422 1455 2423 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 46 128 47 170 48 197 49 199 50 201 51 202 52 203 53 206 54 207 55 209 56 212 57 214 58 217 59 219 60 394 61 399 62 405 63 406 64 407 65 658 66 661 67 2429 68 929 69 930 70 933 71 934 72 2430 73 939 74 941 75 2432 76 943 77 945 78 946 79 948 80 951 81 952 82 954 83 956 84 957 85 2433 86 959 87 2435 88 962 89 965 90 968 91 969 92 970 93 972 94 974 95 2437 96 977 97 978 98 979 99 2440 100 983 101 984 102 985 103 988 104 989 105 1732 106 2441 107 2443 108 2445 Page xiv BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 9 1255 1081 10 1082 343 44 1109 482 46 1282 1225 67 1083 344 109 1122 506 115 1084 346 141 1283 1226 156 1123 508 164 1284 1231 192 1085 349 198 1124 510 222 1381 1691 230 1125 511 251 1285 1235 253 1110 487 255 1286 1236 256 1181 667 273 1394 1796 319 1270 1164 346 1287 1238 357 1086 350 402 1288 1241 436 1126 514 441 1127 516 442 1289 1243 452 1290 1247 458 1182 685 502 958 227 515 764 3765 516 1291 1251 539 1239 993 552 1292 1253 553 1293 1254 560 1395 1798 577 1396 1808 580 1397 1810 620 1087 354 623 1128 518 628 1294 1256 639 1398 1811 663 1269 1154 671 1378 1686 677 1183 688 686 1256 1087 695 1129 521 702 1184 689 704 1295 1261 738 1223 879 744 1377 1676 752 1130 523 754 1296 1263 761 1131 525 764 1185 690 769 1132 527 770 1264 1134 776 1054 289 796 1186 692 840 794 3921 842 1187 705 848 926 4390 883 1053 5022 887 1188 709 923 733 137 947 1189 711 951 1297 1269 964 1133 529 999 1259 1101 1009 927 4392 1035 1298 1270 1038 1039 4911 1050 1190 731 1053 1299 1274 1073 712 3510 1088 1088 356 1094 1191 732 1095 1134 532 1098 1089 360 1105 1382 1696 1113 928 4396 1114 1135 534 1128 1300 1275 1131 1301 1282 1137 1399 1817 1139 1440 2018 1140 713 3517 1145 1441 2019 1149 1111 488 1151 1442 2022 1152 1400 1829 1154 1157 587 1158 1224 881 1159 1443 2024 1160 1444 2026 1163 728 135 1167 959 243 1168 1266 1147 1171 1445 2028 1172 744 143 1173 1040 4913 1174 796 3931 1177 1401 1830 1180 1158 588 1181 960 252 1184 1192 735 1185 1267 1148 1186 1244 1004 1189 765 3768 1195 1302 1283 1196 1193 738 1200 1268 1149 1202 1303 1284 1204 1402 1831 1206 1055 291 1207 961 254 1208 1194 739 1212 1304 1312 1214 1403 1832 1219 1241 1000 1220 750 162 1225 1446 2033 1226 1250 1051 1228 1305 1315 1231 1447 2037 1232 1306 1316 1235 962 255 1238 716 3525 1239 1393 5279 1240 1090 362 1244 708 5 1246 1307 1319 1247 725 133 1249 754 168 1250 1195 747 1252 1448 2041 1254 1271 1166 1261 1449 2043 1263 1450 2046 1272 1308 1320 1273 719 53 1274 1159 590 1275 718 45 1277 715 44 1278 714 8 1282 963 256 1283 705 3501 1285 882 4236 1286 929 4398 1288 720 54 1290 1041 4918 1292 1172 5146 1294 1225 882 1295 1160 591 1296 1196 761 1297 1404 1834 1298 1309 1324 1302 1042 4920 1309 1091 366 1312 1310 1327 1313 1161 594 1314 1453 2338 1316 1386 1761 1317 1388 1772 1318 1390 1785 1319 1389 1778 1320 1387 1765 1321 1391 1795 1323 1385 1735 1326 1405 1836 1327 1173 5149 1329 1043 4923 1333 1162 606 1335 1056 292 1336 1092 368 1340 1238 992 1341 930 4400 1342 1093 371 1343 766 3770 1349 1406 1837 1350 1452 2336 1351 1057 293 1352 1094 372 1360 1451 2048 1361 964 257 1366 1373 1650 1367 1095 373 1371 710 3506 1372 1197 762 1373 1096 376 1374 709 6 1377 1163 640 1378 767 3774 1381 1407 1843 1383 1097 378 1385 1237 922 1389 1455 2423 1390 1164 642 1391 1198 764 1392 1058 294 1396 795 3928 1397 1226 886 1398 768 3780 1399 769 3783 1400 770 3785 1401 771 3787 1402 772 3790 1403 797 3935 1404 1044 4925 1406 707 1 1407 711 3508 1408 965 282 1412 1098 380 1413 773 3794 1415 1199 767 1417 1059 296 1419 Voted 1420 1045 4929 1421 1200 770 1422 890 179 1423 1380 1690 1424 706 3504 1425 1201 780 1426 1202 781 1427 1251 1057 1431 774 3807 1433 1408 1857 1434 1099 381 1435 1311 1329 1439 727 3542 1440 1312 1331 1441 1248 1035 1442 1372 1642 1443 1379 1689 1444 1100 382 1445 734 138 1446 1203 782 1449 1369 1560 1457 1204 791 1459 1368 1534 1461 1046 4931 1462 775 3840 1463 1313 1332 1464 776 3843 1465 1165 643 1470 745 157 1480 1314 1337 1483 777 3845 1485 1114 5025 1489 726 3539 1491 931 4402 1493 1409 1858 1494 778 3855 1495 798 3941 1499 1315 1339 1502 779 3860 1505 1410 1866 1508 1205 793 1512 Vetoed 1513 1316 1341 1516 1317 1343 1517 1318 1344 1518 1263 1132 1520 1206 794 1521 1411 1867 1523 1113 497 1524 799 3944 1529 781 3880 1539 1412 1869 1540 1227 889 1541 748 161 1545 800 3978 1548 1101 383 1549 1242 1001 1553 1102 384 1554 1207 797 1555 1245 1013 1559 724 3534 1560 1136 536 1563 1228 891 1567 1319 1345 1568 1246 1032 1569 1047 4934 1570 1320 1347 1571 1262 1131 1574 1107 471 1575 1048 4980 1576 801 3982 1578 1261 1122 1579 802 3989 1582 732 3558 1586 782 3882 1588 1049 4982 1595 721 131 1597 1374 1653 1601 1321 1348 1608 1166 644 1610 889 176 1611 783 3884 1612 1208 799 1614 1322 1350 1616 1323 1351 1617 1413 1871 1620 1414 1875 1622 1415 1883 1623 1324 1353 1625 1050 4984 1628 Vetoed 1629 1103 386 1630 1167 646 1632 Vetoed 1633 Vetoed 1634 1392 5272 1635 Vetoed 1636 1051 4988 1638 1052 4990 1639 891 190 1640 1325 1354 1641 1326 1359 1644 1168 647 1645 932 4406 1646 1416 1901 1647 1384 1731 1648 803 3992 1649 804 3995 1651 1209 805 1654 1104 391 1660 1327 1361 1663 1328 1363 1665 1417 1902 1666 729 3550 1668 933 4408 1670 934 4410 1674 1210 814 1677 1169 649 1679 1170 650 1680 1329 1364 1684 784 3886 1686 1211 816 1687 785 3888 1692 1174 5151 1694 805 3998 1696 738 139 1708 1212 817 1710 1330 1367 1711 1331 1369 1712 786 3891 1714 1028 4778 1715 806 4000 1716 807 4002 1717 808 4004 1718 1029 4781 1727 717 3529 1728 1332 1371 1734 787 3894 1735 1115 5033 1736 935 4415 1737 936 4421 1750 809 4006 1751 810 4008 1753 1105 392 1754 1213 5239 1756 1214 847 1757 1370 1566 1761 937 4424 1763 1215 856 1764 883 4238 1765 811 4011 1771 812 4013 1772 1030 4784 1773 723 3530 1776 813 4016 1777 1031 4786 1778 814 4018 1779 1060 297 1783 815 4020 1786 938 4427 1788 816 4022 1790 1333 1372 1791 817 4025 1795 818 4030 1796 819 4032 1798 746 159 1800 820 4035 1805 821 4038 1807 1278 1218 1809 730 3554 1811 1061 298 1812 1032 4790 1813 1257 1088 1822 939 4430 1823 1175 5165 1824 822 4040 1825 823 4042 1827 1276 1212 1828 824 4045 1829 825 4047 1830 826 4054 1831 827 4056 1832 940 4432 1834 1062 299 1835 828 4059 1836 829 4070 1839 1033 4823 1840 830 4072 1841 831 4074 1844 832 4077 1846 1334 1396 1849 1280 5265 1850 739 3648 1851 1116 5040 1853 941 4435 1854 1418 1903 1855 737 3643 1856 834 4080 1857 731 3556 1858 740 3650 1859 741 3658 1860 833 4079 1861 742 3662 1862 736 3640 1863 1034 4861 1871 1035 4863 1873 835 4083 1876 836 4085 1878 1036 4869 1879 942 4445 1880 943 4447 1881 944 4451 1882 Vetoed 1883 837 4100 1884 Vetoed 1885 Vetoed 1886 838 4102 1887 881 4234 1889 Vetoed 1891 839 4104 1892 840 4109 1897 1037 4871 1898 1038 4877 1901 841 4111 1902 842 4113 1903 1117 5044 1904 735 3560 1905 843 4117 1907 844 4119 1908 1005 4660 1909 845 4121 1910 1006 4663 1916 780 3868 1917 1007 4665 1918 1008 4680 1919 1009 4685 1920 945 4456 1921 846 4123 1922 946 4459 1923 947 4466 1927 1010 4703 1928 948 4469 1930 743 3665 1931 949 4474 1932 847 4125 1933 848 4127 1934 950 4476 1935 1011 4708 1936 849 4130 1937 850 4131 1939 1216 860 1942 951 4479 1943 1012 4709 1944 1118 5051 1945 1013 4711 1946 1108 474 1947 1014 4720 1949 851 4134 1950 852 4142 1951 1112 489 1952 853 4145 1953 747 3668 1955 854 4146 1956 1176 5168 1957 1217 861 1959 1281 5267 1962 952 4481 1963 855 4149 1965 884 4242 1967 859 4167 1968 Vetoed 1970 856 4155 1972 858 4163 1973 953 4484 1975 857 4159 1976 860 4171 1979 861 4175 1980 1015 4723 1981 862 4177 1982 954 4518 1983 955 4520 1984 1016 4724 1985 863 4179 1986 885 4246 1987 864 4181 1988 1017 4726 1989 865 4183 1990 866 4185 1991 956 4522 1992 867 4187 1993 1018 4729 1994 868 4189 1995 1019 4736 1997 869 4191 1998 1119 5114 1999 870 4193 2000 1020 4739 2001 1021 4743 2002 902 4320 2003 1022 4745 2005 871 4200 2008 1023 4759 2009 872 4202 2010 1024 4762 2011 1025 4764 2012 903 4322 2014 904 4324 2015 1120 5132 2016 905 4326 2017 1026 4767 2018 906 4329 2019 907 4331 2020 1027 4775 2021 873 4205 2022 874 4207 2023 1121 5140 2024 908 4334 2025 909 4337 2026 910 4339 2027 911 4341 2028 875 4209 2029 876 4212 2030 912 4343 2031 887 4273 2035 913 4345 2036 914 4347 2037 877 4215 2039 915 4351 2040 916 4355 2041 917 4357 2042 981 4552 2043 1177 5170 2044 982 4587 2045 983 4589 2046 918 4361 2047 984 4592 2048 878 4217 2049 921 4371 2050 985 4596 2051 879 4220 2052 986 4601 2053 987 4603 2055 1178 5207 2056 988 4606 2057 989 4609 2058 990 4611 2059 991 4616 2060 992 4618 2061 920 4367 2062 922 4376 2063 923 4378 2064 1179 5210 2065 993 4621 2066 1180 5232 2067 994 4623 2068 995 4626 2069 996 4630 2070 997 4632 2071 998 4635 2072 999 4646 2073 1000 4648 2074 1001 4650 2075 1002 4652 2076 1003 4654 2080 1004 4657 2081 924 4384 2082 886 4251 2084 925 4388 House Resolution Resolution Act No. Page No. 279 67 2429 466 108 2445 574 68 929 580 69 930 582 70 933 583 71 934 585 72 2430 586 73 939 587 74 941 588 75 2432 592 76 943 638 77 945 639 65 658 682 78 946 684 79 948 719 80 951 729 81 952 731 82 954 735 83 956 761 84 957 763 85 2433 764 86 959 777 87 2435 778 88 962 779 89 965 785 90 968 787 91 969 796 106 2441 809 92 970 810 93 972 812 94 974 836 95 2437 847 96 977 848 97 978 849 98 979 850 59 219 861 99 2440 887 100 983 909 101 984 912 102 985 931 103 988 Senate Bill Act No. Page No. 10 1137 539 20 1145 558 28 1138 540 58 1139 543 71 1140 546 72 1218 865 76 1066 309 79 1141 550 121 1142 553 162 1143 554 204 1258 1097 229 1067 310 230 1146 560 232 1219 870 238 Vetoed 248 1419 1913 250 1383 1701 262 966 283 291 1420 1916 312 1144 556 333 1147 561 335 893 220 349 788 3896 354 1148 565 357 969 4524 358 970 4526 359 971 4528 363 789 172 364 1335 1397 411 Vetoed 412 Vetoed 415 1336 1399 417 1149 567 420 1337 1400 433 892 194 434 1338 1402 440 1229 892 442 972 4531 443 1371 1572 445 1068 312 447 1421 1924 448 Vetoed 449 1150 568 450 1375 1657 454 1339 1408 455 1069 315 457 751 164 460 1220 872 462 1247 1034 464 1340 1409 468 1230 894 472 1341 1421 477 1342 1423 478 1279 1222 484 1422 1930 486 1423 1939 488 888 175 489 1151 570 490 1070 317 500 1436 2004 503 1437 2009 508 1249 1039 509 1343 1425 512 1438 2012 516 1071 318 517 1152 572 518 1072 320 519 1344 1427 523 722 132 524 1376 1672 529 1345 1434 530 1346 1436 533 1106 412 534 957 223 537 1073 322 540 1063 300 544 1347 1440 545 1439 2015 548 Vetoed 552 1074 325 553 1153 573 554 1348 1441 560 1424 1943 561 1349 1443 563 1075 326 566 1425 1944 567 1231 915 568 1265 1146 570 1426 1945 572 1350 1445 573 967 284 574 1154 576 575 1076 328 579 1351 1446 580 1427 1959 586 1221 876 588 1428 1965 590 790 3900 591 1260 1118 593 1429 1967 594 1430 1968 595 1077 333 597 1352 1448 600 1431 1969 601 1064 301 602 1243 1003 605 1272 1201 606 1277 1216 608 1275 1211 613 1353 1466 614 973 4534 615 1065 304 620 968 285 622 1432 1972 623 1155 579 624 755 3717 628 1354 1469 629 1232 917 632 1355 1471 634 1078 336 636 753 167 637 1356 1476 640 919 222 641 1433 1980 642 1156 585 645 894 4291 646 791 3914 647 749 3677 652 1434 1983 659 756 3724 662 1357 1477 663 1252 1061 665 1079 338 668 1358 1484 671 1359 1487 675 757 3729 677 974 4537 680 1360 1489 681 1361 1491 683 1362 1495 685 758 3731 686 Vetoed 687 1222 877 691 1080 340 693 1240 997 696 1273 1203 699 1081 341 705 1435 1986 706 975 286 707 1171 662 708 1233 918 709 1363 1496 710 895 4296 711 1364 1500 713 759 3734 714 1274 1207 716 Vetoed 717 1253 1062 718 1254 1079 719 976 4540 720 896 4298 722 760 3740 724 752 3715 727 1234 920 728 1365 1501 731 1235 5253 735 1366 1505 741 1454 2422 742 1236 5263 743 761 3743 744 792 3916 746 1367 1506 747 793 3918 748 762 3745 749 897 4302 752 763 3764 756 898 4304 757 899 4307 758 900 4310 760 901 4317 761 977 4542 762 880 4224 764 978 4544 765 979 4547 766 980 4549 Senate Resolution Resolution Act No. Page No. 23 48 197 54 60 394 64 61 399 116 107 2443 280 62 405 297 49 199 304 105 1732 306 50 201 307 51 202 314 52 203 315 46 128 331 63 406 332 53 206 335 54 207 336 55 209 362 56 212 413 64 407 414 104 989 427 47 170 432 66 661 443 58 217 461 57 214 Page 1 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1990 BANKING AND FINANCECREDIT CARD ACCOUNTS. Code Section 7-5-4 Amended. No. 707 (House Bill No. 1406). AN ACT To amend Chapter 5 of Title 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, so as to revise the provisions relative to the interest, finance charges, and other fees and charges which may be imposed and collected by a domestic lender or credit card bank; to provide that certain charges and fees shall be deemed to be interest for the purposes of certain state and federal laws; to provide that certain terms and conditions contained in the written agreement governing a credit card account shall be material to the determination of interest; to provide for the application of state and federal law to credit card bank accounts; to provide for notification to be given in connection with the modification of a credit card account; 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 7 of the Official Code of Georgia Annotated, relating to credit cards and credit card banks, is amended by striking Code Section 7-5-4, which reads as follows: Page 2 7-5-4. Notwithstanding the provisions of any other law, in connection with a credit card account a domestic lender or credit card bank may impose such charges for cash advances, overlimit charges, late fees or delinquency charges, premiums on credit life and credit accident and sickness insurance, annual fees, and such other charges and costs and may provide in the credit card agreement such other terms and conditions as the lender or bank and the debtor may agree from time to time. Further, in addition to and apart from the charges and fees set forth above, in connection with a credit card account a domestic lender or credit card bank may impose such finance charges and interest rates as the lender or bank and the debtor may from time to time agree, subject only to the provisions of Code Sections 7-4-4 and 7-4-18. In the event a lender desires to modify in any respect any portion of the credit card account, it shall first provide at least 30 days' prior written notice of such modification. In providing such notice, the lender shall notify the debtor in writing that the debtor has the right to surrender the credit card whereupon the debtor shall have the right to continue to pay off his credit card account in the same manner and under the same terms and conditions as then in effect. The failure to surrender the card within the 30 day period shall constitute a consent to the modification., in its entirety and inserting in its place a new Code Section 7-5-4 to read as follows: 7-5-4. (a) (1) Notwithstanding the provisions of any other law prescribing, regulating, or limiting interest rates, any domestic lender or credit card bank may charge and collect in connection with a credit card account: (A) Finance charges at such periodic interest rate or rates computed or imposed on the outstanding balances on the credit card account in any manner as provided in the written agreement governing such credit card account, and such periodic interest rate or rates may vary from time to time in accordance with a schedule or formula contained in such agreement; and (B) Such other fees and charges as the domestic lender or credit card bank and the debtor may agree upon in the written agreement governing the credit card Page 3 account, including, but not limited to, cash advance charges, charges for exceeding preestablished credit limits, late fees, delinquency or default charges, returned payment charges, stop payment charges, automated teller machine charges or similar electronic or interchange fees or charges, annual or membership fees, application fees, transaction fees and minimum charges for each scheduled billing period, premiums for credit life, accident, health, or loss of income insurance, documentary evidence fees, fees or charges for services rendered or for reimbursement of expenses incurred by any domestic lender or credit card bank or their respective agents in connection with the credit card account, and other fees incident to the application for or the opening, administration, and termination of the credit card account, including, without limitation, commitment, application, and processing fees, official fees and taxes, and costs incurred by reason of examination of title, title insurance, inspection, appraisal, recording, mortgage satisfaction, filing fees, or other formal acts necessary or appropriate to the security for the credit card account. (2) For the purposes of this Code section, Section 85 of the National Bank Act (12 U.S.C. Section 85), and Sections 521, 522, and 523 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. Sections 1831d, 1831e, and 1831f), the finance charges under subparagraph (a)(1)(A) of this Code section and the charges and fees under subparagraph (a)(1)(B) of this Code section shall be deemed to be, and may be charged and collected as, interest by the domestic lender or credit card bank. (b) The terms and conditions contained in the written agreement governing the credit card account between the domestic lender or credit card bank and the debtor, including, but not limited to: (1) Those provisions relating to the computation and charging of finance charges authorized by subparagraph (a)(1)(A) of this Code section; Page 4 (2) The fees and charges authorized by subparagraph (a)(1)(B) of this Code section; and (3) All other terms and conditions of such written agreement, shall be deemed to be material to the determination of interest. (c) A credit card account between any domestic lender or credit card bank and a debtor shall be governed solely by the laws of the State of Georgia and federal law unless otherwise expressly agreed in writing by the parties. A domestic lender or credit card bank may, as specified in the written agreement governing a credit card account, modify in any respect any terms or conditions of such credit card account, upon such prior written notice of such modification as specified by the terms of the written agreement governing the credit card account or by the Truth in Lending Act (12 U.S.C. 1601, et seq.). Any such notice provided by a domestic lender or credit card bank shall specify that the debtor has the right to surrender the credit card whereupon the debtor shall have the right to continue to pay off his credit card account in the same manner and under the same terms and conditions as then in effect. The debtor's failure to surrender the credit card prior to the modification becoming effective shall constitute a consent to the modification. 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 6, 1990. Page 5 AGRICULTUREBOLL WEEVIL ERADICATION. Code Section 2-7-156 Amended. No. 708 (House Bill No. 1244). AN ACT To amend Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradication programs, so as to provide for additional referendums for the purpose of changing the amount of such assessments or extending the time period for the collection of such assessments, or both; to provide for practices and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 2-7-156 of the Official Code of Georgia Annotated, relating to the referendum on assessments for boll weevil suppression and eradication programs, is amended by designating the existing language of said Code section as subsection (a) and by adding at the end thereof a new subsection (b) to read as follows: (b) If it is determined by the certified cotton growers' organization that the amount of the assessment approved in the referendum conducted pursuant to subsection (a) of this Code section should be changed or that the time period for the collection of such assessment should be extended, or both, the organization shall request the Commissioner to conduct a referendum for the purpose of submitting such question to affected cotton growers. Upon receipt of such request, the Commissioner shall conduct such referendum in the same manner and subject to the same procedures and requirements as the referendum provided for in subsection (a) of this Code section. If such change or extension is approved in such referendum, the changed or extended assessment shall be imposed and collected in the same manner as the original assessment. Page 6 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 6, 1990. GEORGIA AGRICULTURAL EXPOSITION AUTHORITYCOMPENSATION AND EXPENSES. Code Sections 12-3-472 and 45-7-21 Amended. No. 709 (House Bill No. 1374). AN ACT To amend Code Section 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, so as to change provisions relating to compensation of members of the authority; to provide that the sole compensation payable to the members shall be a daily expense allowance and reimbursement for transportation costs; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions; 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 12-3-472 of the Official Code of Georgia Annotated, relating to creation of the Georgia Agricultural Exposition Authority, is amended by striking subsection (d) which reads as follows: Page 7 (d) The members of the authority shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7., and inserting in its place a new subsection (d) to read as follows: (d) The members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. Section 2 . Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions, is amended by striking the word and at the end of paragraph (9), by replacing the period at the end of paragraph (10) with the symbol and word ; and, and by adding thereafter a new paragraph (11) to read as follows: (11) Georgia Agricultural Exposition Authority. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 8, 1990. Page 8 OFFICIAL CODE OF GEORGIA ANNOTATEDCORRECTIONS AND REENACTMENT. No. 714 (House Bill No. 1278). 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 repeal specific laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Reserved. Section 2 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking violated, or and inserting in lieu thereof violated or in paragraph (2) of subsection (a) of Code Section 2-7-170, relating to liability resulting from use or application of fertilizers, plant growth regulators, or pesticides. (2) By striking Neither singly or and inserting in lieu thereof Neither singly nor in Code Section 2-8-37, relating to penalties and remedies under the Georgia Agricultural Commodities Promotion Act. (3) By striking address of the persons and inserting in lieu thereof address of the person in subsection (b) of Code Section 2-8-35, relating to false or fraudulent reports, statements, and records. Page 9 (4) By redesignating Code Section 2-5-51, relating to definitions relative to the Agricultural Commodity Commission for Peanuts, as contained in Article 3 of Chapter 5 of Title 2 of the Official Code of Georgia Annotated as Code Section 2-8-51 and by striking any producer, peanuts and inserting in lieu thereof any producer peanuts in paragraph (3) of said Code section. (5) By striking address of the persons and inserting in lieu thereof address of the person in subsection (b) of Code Section 2-8-75, relating to false or fraudulent reports, statements, and records. (6) By striking provied and inserting in lieu thereof provided in subsection (d) of Code Section 2-12-10, relating to penalties for plant food deficiencies. Section 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By striking (k) and inserting in lieu thereof (i) in paragraph (3) of subsection (j) of Code Section 3-3-7, relating to local authorization and regulation of Sunday sales of alcoholic beverages. Section 4 . Reserved. Section 5 . Reserved. Section 6 . Reserved. Section 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By adding and at the end of subparagraph (a)(3)(C) of Code Section 7-1-394, relating to investigations regarding incorporations of banks and trust companies. (2) By striking qualifying to and inserting in lieu thereof qualifying for in the third sentence of subsection (b) of Code Section 7-1-484, relating to oath of directors of banks and trust companies. Page 10 Section 8 . Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By adding and at the end of paragraph (2) of Code Section 8-3-79, relating to additional remedies of housing authorities. (2) By striking contained therein, and inserting in lieu thereof contained in this part, in the second sentence of paragraph (30) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority. (3) By striking in whole or part and inserting in lieu thereof in whole or in part in the second sentence of paragraph (6) of Code Section 8-3-301, relating to definitions in the State Housing Trust Fund for the Homeless Act. Section 9 . Reserved. Section 10 . Reserved. 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 Article 3 of Chapter 27 of Title 22 and inserting in lieu thereof Article 2 of Chapter 16 of Title 50 in paragraph (1) of subsection (b) of Code Section 12-3-3, relating to the powers of the Department of Natural Resources as to projects. (2) By striking article and inserting in lieu thereof part in the last sentence of Code Section 12-3-502, relating to reports of the Georgia Agricultural Exposition Authority Overview Committee. (3) By striking wastewater and inserting in lieu thereof waste water in Code Section 12-5-27.1, relating to the authority of local governmental entities to mandate the retail sale of low phosphorus household laundry detergents. Page 11 (4) By striking water courses and inserting in lieu thereof watercourses in paragraph (2) of Code Section 12-5-281, relating to definitions of terms used in the Coastal Marshlands Protection Act of 1970. (5) By striking zoning; however, prior and inserting in lieu thereof zoning; provided, however, prior in division (4)(A)(ii) and by striking in this subsection and inserting in lieu thereof in this paragraph both times such words appear in subparagraph (B) of paragraph (4) of Code Section 12-5-451, relating to uses to which the Metropolitan River Protection Act is inapplicable. (6) By striking Title 12 both times it appears and inserting in lieu thereof this title in paragraph (2) of subsection (a) and by striking required by the and inserting in lieu thereof required by Chapter 7 of this title, known as the in subsection (c) of Code Section 12-5-453, relating to minimum requirements of local regulation of land in drainage basins and enforcement thereof. (7) By striking water courses and inserting in lieu thereof watercourses in paragraph (12) of Code Section 12-7-6, relating to minimum requirements for regulations, ordinances, or resolutions relating to soil erosion and sedimentation. (8) By striking landfills. and inserting in lieu thereof landfills; and at the end of subparagraph (K) of paragraph (1) of Code Section 12-8-23, relating to the powers and duties of the Board of Natural Resources as to solid waste handling and disposal. (9) By striking procedure and inserting in lieu thereof procedures in subsection (g) of Code Section 12-8-27, relating to permits for handling solid waste and constructing and operating disposal facilities. (10) By striking disposal site, and inserting in lieu thereof disposal site in the last sentence of paragraph (1.1) of subsection (a) of Code Section 12-8-28.1, relating to solid waste disposal sites in certain counties within a certain distance of an adjoining county. Page 12 (11) By striking paragraph (13) and inserting in lieu thereof paragraph (18) in subsection (a), by striking the periods and inserting in lieu thereof semicolons at the end of subparagraph (B) of paragraph (1) of subsection (a), and by striking the period and inserting in lieu thereof ; and at the end of paragraph (2) of subsection (a) of Code Section 12-8-44, relating to standards for disposal facilities or sites receiving special solid waste. Section 13 . Reserved. Section 14 . Reserved. Section 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking 47-8-64 and inserting in lieu thereof 15-1-9.2 in subsection (i) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts. (2) By striking voucher and inserting in lieu thereof voucher's in subsection (b) of Code Section 15-1-11, relating to attendance of judges and court personnel at educational programs. (3) By deleting the comma between located and and in subsection (a) of Code Section 15-6-15, relating to assignment by Governor of alternate for disabled judge. (4) By striking ground and inserting in lieu thereof grounds in subsection (d) of Code Section 15-6-21, relating to time for deciding motions. (5) By striking to a term of four years and inserting in lieu thereof to terms of four years and by striking two for a two-year term, two for a three-year term, and two for a four-year term; and inserting in lieu thereof two for two-year terms, two for three-year terms, and two for four-year terms; in paragraph (1) of subsection (a), by striking a term of four years and inserting in lieu thereof terms of four years in paragraph (2) of subsection (a) and by adding and at the end of paragraph (2) of subsection (b) of Code Section 15-6-50.1, relating to the Superior Court Clerks Training Council. Page 13 (6) By striking 5000 and inserting in lieu thereof 5,000 in subparagraph (b)(4)(L) of Code Section 15-6-67, relating to recordation of maps and plats. (7) By striking section and inserting in lieu thereof Code section, in Code Section 15-9-16, relating to authority of retired judge to perform marriage ceremonies. (8) By striking both times it appears 15-9-63 through 15-9-67 and inserting in lieu thereof 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 in Code Section 15-9-65, relating to longevity increases. (9) By striking 15-9-63 through 15-9-67 and inserting in lieu thereof 15-9-63 through 15-9-65, this Code section, and Code Section 15-9-67 in Code Section 15-9-66, relating to effect of minimum salary provisions on judges currently in office. (10) By striking 15-9-63 through 15-9-67 and inserting in lieu thereof 15-9-63 through 15-9-66 and this Code section in Code Section 15-9-67, relating to fee systems continued until enactment of local legislation. (11) By striking 53-2-21 and inserting in lieu thereof 53-5-21 in paragraph (15) of subsection (e) of Code Section 15-9-86.1, relating to statements in lieu of stating time of hearing in certain proceedings. (12) By deleting the comma between thereof and and in paragraph (3) of Code Section 15-10-131, relating to definitions in The Georgia Magistrate Courts Training Council Act. (13) By striking vice-chairman and inserting in lieu thereof vice chairman in subsection (a) of Code Section 15-10-134, relating to officers, quorum, minutes, and annual report of the Georgia Magistrate Courts Training Council. (14) By deleting the comma between section and but in subsection (d) of Code Section 15-10-137, relating to training requirements of certified magistrates. (15) By striking wth and inserting in lieu thereof with in paragraph (1) of subsection (c) and by striking as provided in Page 14 subsection (a) of this Code section or in subsection (f) of Code Section 15-11-41, relating to limitations of time on order of disposition of a delinquent or unruly child. (16) By striking from the date of such disability and inserting in lieu thereof from the date such disability in subsection (e) of Code Section 15-16-1, relating to qualifications and training requirements for sheriffs. (17) By striking paragraph (4) of subsection (a) of Code Section 15-18-14, relating to appointments, qualifications, and compensation of assistant]district attorneys, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Prosecuting attorney' means an attorney employed on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; an attorney employed a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; an attorney employed on a full-time basis by the Attorney General of this state; an attorney employed on a full-time basis by the United States Department of Justice; an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; an attorney employed on a full-time basis by the Prosecuting Attorneys' Council of Georgia; or a person employed on a ll-time basis as a third-year law student under Code Section 15-18-22. (18) By striking oath and inserting in lieu thereof oaths in subsection (f) of Code Section 15-18-22, relating to use of law students as legal assistants. (19) By striking council member and inserting in lieu thereof councilmember in Code Section 15-18-43, relating to members not ineligible for office. (20) By striking Peace Officers' Annuity and Benefit Fund of Georgia and inserting in lieu thereof Peace Officers' Annuity and Benefit Fund in subsection (d) of Code Section 15-18-44, relating to powers and duties of the Prosecuting Attorneys' Council of the State of Georgia. Page 15 (21) By inserting an between take and examination in subsection (a) of Code Section 15-19-3, relating to the rules governing the examination for admission to the bar of this state. (22) By striking herein provided. at the end of subsection (c) and inserting in lieu thereof provided in this Code section. in Code Section 15-20-4, relating to application to establish legal aid agency. (23) By striking oath and inserting in lieu thereof oaths in Code Section 15-20-9, relating to keeping of files in the clerk's office and duration of authority to practice legal aid. (24) By striking adopt and inserting in lieu thereof adopts in Code Section 15-21-92, relating to adoption of a county resolution required to impose additional penalty in fine cases. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking Code Sections 16-7-41 through 16-7-46 and inserting in lieu thereof This part in Code Section 16-7-40, relating to the short title of the Litter Control Law; and inserting in lieu thereof this part in Code Section 16-7-42, relating to definitions; in subsections (a) and (b) of Code Section 16-7-44, relating to prima-facie evidence and rebuttable presumptions; in Code Section 16-7-45, relating to enforcement; and in Code Section 16-7-46, relating to receptacles and notices to the public. (2) By striking the subparagraph (A) designation in paragraph (3) of subsection (b) of Code Section 16-9-20, relating to issuance of bad checks. (3) By striking salts or their isomers and inserting in lieu thereof salts of their isomers in paragraph (5) of Code Section 16-13-25, relating to Schedule I controlled substances. (4) By striking Ethyl loflazepat; and inserting in lieu thereof Ethyl loflazepate; in paragraph (13.1) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances. Page 16 (5) By striking Federal Food, Drug and Cosmetic Act and inserting in lieu thereof Federal Food, Drug, and Cosmetic Act in Code Section 16-13-29.1, relating to nonnarcotic substances excluded from schedules of controlled substances. (6) By adding As used in this chapter, the term: immediately following the Code section designation in Code Section 16-14-3, relating to definitions of racketeer influenced and corrupt organizations. Section 17 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking the comma between court and or in the first sentence of Code Section 17-4-40, relating to persons who may issue warrants of arrest. (2) By adding a between of and technical in Code Section 17-5-31, relating to quashing of warrants or suppressing evidence because of technical irregularity. (3) By striking the semicolons and inserting in lieu thereof periods at the end of paragraphs (1) and (2) of subsection (c) and by striking paragraphs and inserting in lieu thereof paragraph in paragraph (3) of subsection (c) of Code Section 17-6-1, relating to where offenses shall be bailable. (4) By striking Georgia chauffeur's or in paragraph (1) of subsection (a) of Code Section 17-6-2, relating to acceptance of bail in misdemeanor cases. (5) By striking the chauffeur's or in subsection (a) of Code Section 17-6-11, relating to deposit of license in lieu of incarceration, formal recognizance, or bail by persons arrested for traffic violations. (6) By striking hours between 72 and written and inserting in lieu thereof hour's in subsection (b) of Code Section 17-6-70, relating to when bond forfeiture occurs. (7) By striking upon the failure to appear order and inserting in lieu thereof upon the failure of the principal to Page 17 appear, order in subsection (a) of Code Section 17-6-71, relating to execution hearing on failure of principal to appear. (8) By adding a comma between property and from in subsection (a) of Code Section 17-6-110, relating to issuance of a warrant and requirement of a bond. (9) By inserting of between entering and a in subsection (c) of Code Section 17-7-91, relating to establishment and notice of date of arraignment. (10) By striking provided further and inserting in lieu thereof provided, further, in subsection (b) of Code Section 17-7-171, relating to time when a demand for a trial may be made by the accused in capital cases. (11) By striking hereinafter specified and inserting in lieu thereof specified in this Code section in Code Section 17-8-55, relating to broadcasting testimony of child 14 years old or younger. (12) By striking ; the and inserting in lieu thereof , the in subsection (c) of Code Section 17-10-2, relating to conduct of presentence hearings in felony cases. (13) By inserting a comma between corrections and the in subsection (c) of Code Section 17-10-12, relating to credit toward sentence for time spent in confinement awaiting trial. (14) By striking the Council of Superior Court Judges of Georgia and inserting in lieu thereof The Council of Superior Court Judges of Georgia in Code Section 17-12-41, relating to proposal and adoption of guidelines for operation of The Georgia Indigent Defense Act. (15) By striking Fiscal Division, Department and inserting in lieu thereof Fiscal Division of the Department in subsection (b) of Code Section 17-12-61, relating to appointment of attorneys for defense of indigents upon appeal. (16) By striking Chapter 12 of this title and inserting in lieu thereof this chapter in Code Section 17-12-72, relating to Page 18 effect of The Georgia Indigent Defense Act on local indigent defense programs. (17) By inserting a comma between year and but in Code Section 17-13-34, relating to arrest without warrant of person charged with a crime in another state. (18) By inserting and between law and which in Code Section 17-15-2, relating to definitions of terms relating to Georgia crime victims compensation. (19) By striking state-wide and inserting in lieu thereof state wide in paragraph (4) of Code Section 17-15-4, relating to powers of the Georgia Crime Victims Compensation Board. (20) By striking At the hearing any relevant evidence, not legally privileged, is and inserting in lieu thereof At the hearing, any relevant evidence not legally privileged is in subsection (e) of Code Section 17-15-6, relating to investigation and decision by the director of the crime victims fund. Section 18 . Reserved. Section 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking or and inserting in lieu thereof of from the last sentence of paragraph (1) of subsection (h) of Code Section 19-6-33, relating to notice and service of income deduction order. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking appointed and inserting in lieu thereof appointive in subsection (d) of Code Section 20-2-102, relating to qualifications of county school superintendents. (2) By striking subsection (c) of this Code section and inserting in lieu thereof Code Section 20-2-850 in subsection (b) of Code Section 20-2-853, relating to payment for additional days of unused sick leave. Page 19 Section 21 . Reserved. Section 22 . Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows: (1) By adding a comma immediately following Code Section 46-3-171 and by striking is necessary to insure and inserting in lieu thereof are necessary to ensure in Code Section 22-4-2, relating to legislative findings and declaration of necessity of The Georgia Relocation Assistance and Land Acquisition Policy Act. (2) By striking improvements, and inserting in lieu thereof improvements in Code Section 22-4-10, relating to policies guiding acquisition of buildings, structures, and other improvements for federal-aid projects. Section 23 . Reserved. Section 24 . Reserved. Section 25 . Reserved. Section 26 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By striking 22-2-27 and inserting in lieu thereof 26-2-27 in paragraph (2) of Code Section 26-2-26, relating to instances when food shall be deemed to be adulterated. (2) By striking 26-4-80 and inserting in lieu thereof 26-4-81 in the introductory language of Code Section 26-4-80, relating to definitions of terms relating to the substitution of generic drugs for brand name drugs. Section 27 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking subsection and inserting in lieu thereof paragraph from paragraphs (3) and (7) and by striking rabbits, and raccoons and inserting in lieu thereof rabbit, and raccoon Page 20 in paragraph (8) of Code Section 27-3-4, relating to illegal weapons for hunting wildlife generally. 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 limited to, funds and inserting in lieu thereof limited to funds and by striking maternal and child health funds, and inserting in lieu thereof , the Maternal and Child Health Services Block Grant, in subsection (d) of Code Section 31-12-6, relating to the system for preventing mental retardation resulting from inherited metabolic disorders. Section 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By inserting immediately following Code Section 32-10-65 a new Code section, to be designated Code Section 32-10-65.1, to read as follows: 32-10-65.1. Every toll established under this article must expire after a specified period of time and may be extended beyond said time by approval of the State Tollway Authority. Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking trouble and inserting in lieu thereof troubled in subsection (a) of Code Section 33-2-8.1, relating to preparation by the Commissioner of Insurance of a supplemental report on property and casualty insurance. (2) By striking fact and inserting in lieu thereof facts in the first sentence of subsection (a) of Code Section 33-2-11, relating to the requirement of examination by the Commissioner of Insurance of insurers and related organizations. Page 21 (3) By striking initative and inserting in lieu thereof initiative in subsection (b) of Code Section 33-23-63, relating to procedure for refusal, suspension, or revocation of licenses and appeals. (4) By striking nor and inserting in lieu thereof or in paragraph (2) of Code Section 33-24-2, relating to applicability of Chapter 24 of Title 33. (5) By striking contract nor to rescind and inserting in lieu thereof contract or to rescind in subsections (b) and (c) of Code Section 33-24-5, relating to persons having capacity to contract for insurance. (6) By adding a comma between insured and may in subsection (a) and by striking accident or sickness and inserting in lieu thereof accident and sickness in subsection (b) of Code Section 33-24-21, relating to the termination of group insurance coverage of a surviving spouse or as the result of a break in the marital relationship. (7) By adding a comma between surgical and or in the first sentence of subsection (f) of Code Section 33-24-21.1, relating to conversion privileges and continuation rights under certain group contracts. (8) By inserting a comma between insurance and debtors in the second sentence of subparagraph (B) of paragraph (2) of Code Section 33-27-1, relating to requirements of groups for group life insurance purposes. (9) By adding after known and before as and may be cited in subsection (a) of Code Section 33-28-3, relating to standard nonforfeiture provisions for individual deferred annuities. (10) By striking (excluding any period during which the insured is disabled) from division (b)(2)(A)(ii) and inserting in lieu thereof , excluding any period during which the insured is disabled, and by striking and and inserting in lieu thereof had in subparagraph (b)(2)(B) of Code Section 33-29-3, relating to required provisions in policies of individual accident and sickness insurance. Page 22 (11) By striking performance nor before and inserting in lieu thereof performance or before in Code Section 33-31-5, relating to the date insurance becomes effective. (12) By striking submission of driver's licenses and inserting in lieu thereof submission of drivers' licenses in subsection (d) of Code Section 33-34-12, relating to proof of insurance required during operation of a vehicle. (13) By striking legislature and inserting in lieu thereof General Assembly both times such word appears in subsection (b) of Code Section 33-35-1, relating to purposes and findings of fact relating to prepaid legal services plans. (14) By striking paragraph (6) of Code Section 33-35-2, relating to definitions of terms relating to prepaid legal services plans, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Sponsor' means any person, group, or fraternal or benevolent organization, including but not limited to insurers; corporations; partnerships; trusts; labor, craft, or other unions; or other entities which establish or operate prepaid legal services plans. (15) By striking nor and inserting in lieu thereof or in subsection (a) and by adding a comma following endorese the license in subsection (c) of Code Section 33-35-4, relating to licenses for sponsors of prepaid legal services plans. (16) By adding between deemed and approved to be in the third sentence of paragraph (1) of subsection (a) and the third sentence of subsection (b) of Code Section 33-35-10, relating to the powers of sponsors of prepaid legal services plans to contract for the provision of legal and administrative services. (17) By striking insure and inserting in lieu thereof ensure in paragraph (1) of Code Section 33-35-11, relating to the submission of underwriting rules, rates, and rating plans to the Commissioner of Insurance. Page 23 (18) By adding the word and at the end of paragraph (4) of Code Section 33-35-12, relating to standards for advertising and solicitation associated with prepaid legal services plans. (19) By striking the comma after examined and inserting in lieu thereof and in subsection (c) of Code Section 33-35-15, relating to the examination of books and records associated with prepaid legal services plans by the Commissioner of Insurance. (20) By striking the commas after the words insurers, corporations, partnerships, trusts, and unions and inserting semicolons in their respective places in Code Section 33-35-21, relating to the applicability of Chapter 35 of Title 33. (21) By adding a hyphen between first and class in the first sentence of Code Section 33-36-8, relating to the issuance by the Commissioner of Insurance of a notice of judicial determination of insolvency of an insurer. (22) By striking this Code section nor otherwise and inserting in lieu thereof this Code section or otherwise in subsection (c) of Code Section 33-37-17, relating to the powers of the Commissioner of Insurance as liquidator or conservator generally. (23) By striking subparagraph (10)(C) and inserting in lieu thereof subparagraph (C) of paragraph (10) in the first sentence of Code Section 33-38-9, relating to the delegation of powers and duties of the Georgia Life and Health Insurance Guaranty Association. (24) By striking health-maintenance organizations, home-health agencies, and inserting in lieu thereof health maintenance organizations, home health agencies, in paragraph (16) of Code Section 33-39-3, relating to definitions of terms used in Chapter 39 of Title 33. (25) By striking medical care and inserting in lieu thereof medical-care in the first sentence of subsection (c) of Code Section 33-39-9, relating to request by individuals for access to recorded personal information. Page 24 (26) By adding of this Code section between (a) and may in subsection (d) of Code Section 33-39-11, relating to procedures to be followed upon an adverse underwriting decision. (27) By striking from paragraph (1) of Code Section 33-43-2, relating to the applicability of Chapter 43 of Title 33, the following: the effective date hereof and inserting in lieu thereof July 1, 1989. (28) By striking USC and inserting in lieu thereof U.S.C. in paragraph (11) of Code Section 33-44-2, relating to definitions used in Chapter 44 of Title 33. (29) By adding between and and procedures the word the in paragraph (5) of subsection (d) of Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan and its board of directors. (30) By striking the period at the end of paragraph (2) of subsection (b) and inserting in lieu thereof a semicolon and by adding after which and before is the word it in paragraph (10) of subsection (b) of Code Section 33-44-7, relating to major medical expense coverage under the Georgia High Risk Health Insurance Plan. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking occurs first and inserting in lieu thereof is greater 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. (2) By striking the comma following the word practicable in Code Section 34-9-81.1, relating to the board's duty to provide injured workers with notice of rights, benefits, and obligations. Section 35 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: Page 25 (1) By striking 22 and inserting in lieu thereof 23 in subsection (a) of Code Section 35-6A-3, relating to the membership of the Criminal Justice Coordinating Council. Section 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking 21-4-12 and inserting in lieu thereof 21-4-13 in Code Section 36-30-13, relating to special elections to fill vacancies on municipal governing authority when all seats are vacated. (2) By striking Code Section 36-60-12, relating to electronic security systems and their installation and service by counties or municipal corporations, and inserting in lieu thereof a new Code Section 36-60-12 to read as follows: 36-60-12. No county or municipal corporation shall install, service, maintain, operate, sell, or lease as lessor any burglar alarm system, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within such county or municipality. The provisions of this Code section shall not prohibit a county or municipal corporation from installing, servicing, maintaining, or operating a burglar alarm system, fire alarm system, or other electronic security system on any property owned or leased by such county or municipal corporation. This Code section shall not apply to any county or municipality offering electronic security systems on January 1, 1988. This Code section shall not prevent volunteer fire departments from selling or leasing battery operated fire detection equipment or fire extinguishers in their service areas. Any person violating this Code section or expending county or municipal funds in violation of this Code section shall be guilty of a misdemeanor. (3) By adding at the end of Chapter 60 of said title a new Code Section 36-60-14 to read as follows: 36-60-14. The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section Page 26 501(c)(6) of the Internal Revenue Code to utilize such organizations to identify, attract, and locate new business and industry into the county or municipality for the purposes of increasing trade, industry, agri-business, commerce, and tourism and the improvement of employment opportunities within the county or municipality and to otherwise promote the general welfare of the county or municipality. Section 37 . Reserved. Section 38 . Reserved. Section 39 . Reserved. Section 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By inserting Code before section in Code Section 40-2-7, relating to removing or affixing license plates with intent to conceal or misrepresent. (2) By striking both times that they appear the words seven-year and inserting in lieu thereof five-year in subsection (b) of Code Section 40-2-39, relating to transfer of license plates and revalidation decals. (3) 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 40-2-75, relating to special license plates for historical vehicles and street rods. (4) By inserting Vehicle between Motor and Safety and by striking and the United States Environmental Protection Agency have and inserting in lieu thereof has in subsection (a) of Code Section 40-3-29.1, relating to the requirement of compliance with federal emission and safety standards. (5) By striking subsection and inserting in lieu thereof Code section in subsection (d) of Code Section 40-3-35, relating to cancellation of a certificate of title for scrapped, dismantled, etc., vehicles and issuance of salvage certificates of title. Page 27 (6) By striking subsection and inserting in lieu thereof paragraph in paragraph (2) of Code Section 40-3-51, relating to creation of a security interest by the owner of a motor vehicle. (7) By inserting the words Article 7 of this chapter, following In accordance with in paragraph (3) of subsection (d) of Code Section 40-5-2, relating to certified abstracts of drivers' licenses. (8) By inserting the words Article 7 of this chapter, following the words replacement under in subsection (b) of Code Section 40-5-25, relating to applications and fees for drivers' licenses. (9) By striking 16-31-21 and inserting in lieu thereof 16-13-21 in paragraph (8) and by adding or before the payment of in paragraph (9) of Code Section 40-5-142, relating to definitions relative to the Uniform Commercial Drivers' License Act. (10) By striking section and inserting in lieu thereof intersection in subparagraph (a)(3)(A) of Code Section 40-6-21, relating to the meaning of traffic signals. (11) By striking 55 and inserting in lieu thereof 65 in paragraph (2) of subsection (a) and in subsection (b) of Code Section 40-6-160, relating to speed limits for school buses. (12) By inserting bus between school and driver in Code Section 40-6-162, relating to use of visual signals by school bus drivers. (13) By inserting section following Code in Code Section 40-6-164, relating to the duty of a school bus driver stopping to allow children to disembark. (14) By inserting and before not less than $200.00 in paragraph (2) of subsection (f) of Code Section 40-6-225, relating to offenses and penalties relative to handicapped parking places. (15) By striking paragraph and inserting in lieu thereof subparagraph in subparagraphs (c)(1)(B) and (c)(1)(C) in Code Page 28 Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident. Section 41 . Reserved. Section 42 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By designating the existing language of Code Section 42-2-13, relating to grants to municipal corporations and counties for local jails and correctional institutions, as subsection (a) of said Code section and by adding at the end thereof a new subsection (b) to read as follows: (b) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants similar to grants provided for in subsection (a) of this Code section made by the department before March 15, 1988, are ratified, confirmed, and approved. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By adding at the end of Chapter 4A of said title, known as the Georgia Athlete Agents Regulatory Act of 1988, a new Code Section 43-4A-19 to read as follows: 43-4A-19. (a) This chapter shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized nonscholastic association whether amateur or semiprofessional with respect to such sport nor shall it apply to the owner or coach of such athlete's team when representing such athlete. (b) This chapter shall not be applicable to a person or agreement involving an athlete and an amateur athletic team. (2) By deleting the words which performs and inserting in lieu thereof who perform in subsection (d) of Code Section 43-14-16, relating to exceptions to application of Chapter 14 of Title 43. Page 29 (3) By striking 43-33-11 and inserting in lieu thereof 43-33-12 in paragraph (1) of subsection (a) of Code Section 43-33-17, relating to issuance of temporary license without examination. (4) By striking division of public health and inserting in lieu thereof Division of Public Health in division (b)(2)(A)(i), by striking this Article and inserting in lieu thereof this article in subsection (e), and by striking the words subparagraph (A) of paragraph (2) of subsection (b) and inserting in lieu thereof subparagraph (b)(2)(A) in subsection (h) of Code Section 43-34-26.1, relating to delegation of authority to nurses or physician's assistants. (5) By striking in its entirety subsection (f) of Code Section 43-40-15, relating to granting, revocation, or suspension of real estate licenses, and inserting in lieu thereof a new subsection (f) to read as follows: (f) If a licensee: (1) Voluntarily surrenders his license to the commission; (2) Allows his license to lapse due to failure to meet educational requirements provided by law; or (3) Allows his license to lapse due to failure to pay any required fees after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. Section 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking of the Official Code of Georgia Annotated from subsection (b) and by striking ratemaking and Page 30 inserting in lieu thereof rate-making in subsection (d) of Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking Board of Regents and inserting in lieu thereof Board of Regents of the University System of Georgia in Code Section 45-1-1, relating to purchases by employees of hospitals, educational institutions, and other institutions. (2) By striking Code Section 45-1-2 and inserting in lieu thereof This Code section in subsections (b) and (c) of Code Section 45-1-2, relating to actions by or against public officers. (3) By striking legislature and inserting in lieu thereof General Assembly in Code Section 45-2-2, relating to county offices. (4) By striking herein and inserting in lieu thereof in this state and by striking of records and inserting in lieu thereof or records in Code Section 45-2-4, relating to officers of the state. (5) By striking Veterans Administration and inserting in lieu thereof United States Department of Veterans Affairs and by striking ten point preference and inserting in lieu thereof ten-point preference in Code Section 45-2-22, relating to point preferences on civil service examinations for disabled veterans. (6) By striking Employee's and inserting in lieu thereof Employees' in Code Section 45-2-40, relating to state employees' physical fitness for employment. (7) By striking calendar days from date and inserting in lieu thereof calendar days from the date in subsection (e) of Code Section 45-2-41, relating to fitness standards for state employees. (8) By striking Office of the Governor and inserting in lieu thereof office of the Governor in Code Section 45-3-4, relating to filing of oaths. Page 31 (9) By striking Sections 45-3-11 through 45-3-15 and inserting in lieu thereof Section 45-3-11, this Code section, and Code Sections 45-3-13 through 45-3-15 in Code Section 45-3-12, relating to the loyalty oath required of elected officials. (10) By striking 45-3-15 and inserting in lieu thereof 45-3-13, this Code section, and Code Section 45-3-15 in Code Section 45-3-14, relating to penalty for failure to sign the loyalty oath. (11) By striking 45-3-15 and inserting in lieu thereof 45-3-14 and this Code section in Code Section 45-3-15, relating to proceeding for false swearing when loyalty oath violated. (12) By striking Congress, Justices of the Supreme Court, Judges of the Court of Appeals, superior courts, and juvenile courts, Attorney General, district attorneys, reporter of the Supreme Court and Court of Appeals, Secretary of State, Commissioner of Insurance, and inserting in lieu thereof Congress; Justices of the Supreme Court; Judges of the Court of Appeals, superior courts, and juvenile courts; the Attorney General; district attorneys; reporters of the Supreme Court and Court of Appeals; the Secretary of State; the Commissioner of Insurance; in Code Section 45-3-30, relating to state officer's commissioned under the great seal of the state. (13) By striking Office and inserting in lieu thereof office in Code Section 45-4-4, relating to bonds of officers commissioned by the Governor. (14) By striking Office of the Governor and inserting in lieu thereof office of the Governor in Code Section 45-4-14, relating to the time for filing bonds. (15) By striking failure to perform, and inserting in lieu thereof failure to perform in paragraph (4) of subsection (a) and by striking of, and inserting in lieu thereof of; and by striking law, and and inserting in lieu thereof law; and in paragraph (2) of subsection (b) of Code Section 45-4-24, relating to bond obligations of principals and sureties. Page 32 (16) By striking nor and inserting in lieu thereof or in Code Section 45-4-29, relating to the measure of damages in actions on official bonds. (17) By striking Teachers' and inserting in lieu thereof Teachers in Code Section 45-7-28, relating to liens against money due an employee who receives an advance of travel funds. (18) By striking Jointly develop and inserting in lieu thereof Develop jointly in paragraph (1) of subsection (a) of Code Section 45-7-28.1, relating to employee travel reimbursement. (19) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance in subsection (a) of Code Section 45-7-51, relating to deductions for payment of insurance premiums. (20) By striking municipality both times it appears and inserting in lieu thereof municipal in Code Section 45-8-22, relating to cited officials, banks, or depositories filing statements of accounts. (21) By striking municipality and inserting in lieu thereof municipal both times it appears in Code Section 45-8-23, relating to authority to issue subpoenas and punishment for contempt. (22) By striking in the first sentence municipality and inserting in lieu thereof municipal in Code Section 45-8-25, relating to issuance of execution against a defaulting officer, bank, or depository. (23) By striking municipality and inserting in lieu thereof municipal in Code Section 45-8-26, relating to action by a bond obligee before citation or execution. (24) By striking municipality and inserting in lieu thereof municipal three times and by striking discharged, or liability and inserting in lieu thereof discharged or liability in Code Section 45-8-27, relating to procedure for accounting where an officer succeeds himself. Page 33 (25) By striking depositories, and inserting in lieu thereof depositories in the first sentence and by striking municipality and inserting in lieu thereof municipal in the second sentence of Code Section 45-8-29, relating to effect of a judgment or execution as a lien. (26) By striking municipality or county treasurer and inserting in lieu thereof municipal or county treasurer in Code Section 45-8-30, relating to release of property from a lien. (27) By striking member's and inserting in lieu thereof members' twice in Code Section 45-9-2, relating to purchase liability insurance for members of the organized militia. (28) By striking or both, and inserting in lieu thereof or both and by striking Attorney General, and inserting in lieu thereof Attorney General in Code Section 45-9-60, relating to indemnification of public officers and officials. (29) By striking Fiscal Division shall both times such words appear and inserting in lieu thereof fiscal division shall in Code Section 45-9-84.1, relating to creation of the Georgia State Indemnification Fund. (30) By striking System, or of the Board of Human Resources, and no trustee or other officer of any institution which is wholly or in part supported by state funds, nor any and inserting in lieu thereof System of Georgia or of the Board of Human Resources, no trustee or other officer of any institution which is wholly or in part supported by state funds, and no and by striking nor participate in, and inserting in lieu thereof or participate in in Code Section 45-10-40, relating to the prohibition of certain officers from contracting with the state. (31) By striking University System both times it appears and inserting in lieu thereof University System of Georgia in Code Section 45-10-41, relating to penalties for officers, members, or trustees profiting from contracts with state institutions. (32) By striking person, and inserting in lieu thereof person of in subsection (a) and by striking agent and inserting in lieu thereof his agent in subsection (b) of Code Section 45-11-5, relating to extortion generally. Page 34 (33) By striking 45-11-5, and inserting in lieu thereof 45-11-5 in Code Section 45-11-6, relating to demanding more than legal fees for advertising. (34) By striking hold them, and inserting in lieu thereof hold them; by striking oaths, and inserting in lieu thereof oaths; and by striking officer-elect and inserting in lieu thereof officers-elect in Code Section 45-12-20, relating to grant of commissions. (35) By striking and for what and inserting in lieu thereof for what in paragraph (3), by striking the comma following state in paragraph (5), and by striking and the names and inserting in lieu thereof the names in paragraph (6) of Code Section 45-12-25, relating to books of record to be maintained by the Governor. (36) By striking Office and inserting in lieu thereof office in subsection (a) of Code Section 45-12-57, relating to the Governor's message. (37) By striking high and low income and inserting in lieu thereof high-income and low-income in Code Section 45-12-93, relating to revenue shortfall reserve. (38) By striking insure and inserting in lieu thereof ensure in subsection (b) of Code Section 45-12-110, relating to notification of intent to apply for federal assistance. (39) By striking requires and inserting in lieu thereof require in Code Section 45-12-150, relating to a declaration of legislative intent concerning energy resources. (40) By striking clearinghouse and inserting in lieu thereof clearing-house in subsection (c) of Code Section 45-12-171, relating to the Office of Planning and Budget as the principal state agency for coordinating development, federal programs, etc. (41) By striking Code Sections 45-12-173 through and inserting in lieu thereof this Code section and Code Sections 45-12-174 through in subsections (b) and (e) of Code Section 45-12-173, relating to the Office of Planning and Budget. Page 35 (42) By striking Code Sections 45-12-173 through 45-12-176, and inserting in lieu thereof Code Section 45-12-173, this Code section, and Code Sections 45-12-175 and 45-12-176, in Code Section 45-12-174, relating to functions of the Office of Planning and Budget. (43) By deleting , including airmail, from subsection (c) of Code Section 45-12-193, relating to services and facilities to be provided to Governor-elect. (44) By striking Governor, all and inserting in lieu thereof Governor all in subsection (a) of Code Section 45-13-21, relating to the duty of the Secretary of State to prepare and deliver commissions, bonds, and documents to the Governor. (45) By striking dispository and inserting in lieu thereof depository in subdivision (b)(1)(A)(ii)(II) of Code Section 45-13-22, relating to the Georgia Laws and Journals of the Senate and House of Representatives. (46) By striking commissioner of securities and inserting in lieu thereof Commissioner of Securities twice and by striking designee ceasing and inserting in lieu thereof designee's ceasing in subsection (a) of Code Section 45-13-26, relating to designation of employees of the Secretary of State to accept service of process. (47) By striking Insure and inserting in lieu thereof Ensure in paragraph (1) of Code Section 45-13-41, relating to objectives and purposes of the Department of Archives and History. (48) By striking Representatives, judges and inserting in lieu thereof Representatives, and judges in paragraph (1) of subsection (a) of Code Section 45-13-47, relating to the official and statistical register of the state. (49) By striking herein and inserting in lieu thereof in this article in Code Section 45-13-48, relating to the establishment by the Secretary of State of certain publication prices. (50) By striking order, and inserting in lieu thereof order and by adding a comma after appropriations in Code Page 36 Section 45-14-22, relating to the duty of the Comptroller General to keep a record of appropriations, rrants, and funds. (51) By adding a comma after jurisdiction in Code Section 45-15-6, relating to the Attorney General representing the state in court. (52) By striking Teachers' and inserting in lieu thereof Teachers; by striking School Employees' and inserting in lieu thereof School Employees; and by striking Judges' and Solicitors' and inserting in lieu thereof Judges and Solicitors in subsection (a) and by striking , the items of legal services performed, and inserting in lieu thereof ; the items of legal services performed; in subsection (c) of Code Section 45-15-37, relating to reimbursement of the Department of Law for legal services provided. (53) By striking State Patrol and inserting in lieu thereof Georgia State Patrol in paragraph (5) of Code Section 45-16-21, relating to definitions of terms used in the Georgia Post-mortem Examination Act. (54) By inserting immediately following post-mortem the word examination in subsection (f) of Code Section 45-16-22, relating to the authority of the Division of Forensic Sciences of the Georgia Bureau of Investigation. (55) By striking deceased dentition and inserting in lieu thereof deceased's dentition and by striking county of coroner's and inserting in lieu thereof county of the coroner's in subsection (b) of Code Section 45-16-25, relating to duties of coroners and medical examiners. (56) By striking which meet and inserting in lieu thereof which meets in paragraph (4) of Code Section 45-16-61, relating to definitions of terms used in The Georgia Coroner's Training Council Act. (57) By striking acknowledgement and inserting in lieu thereof acknowledgment in paragraphs (1) and (2) of Code Section 45-17-1, relating to definitions relating to notaries public. Page 37 (58) By striking to so and inserting in lieu thereof so to and by striking through 45-17-34 and inserting in lieu thereof through 45-17-33 and this Code section in Code Section 45-17-34, relating to verification of the rank and branch of service of commissioned officers of the armed services. (59) By adding a comma following slowing down of work in Code Section 45-19-1, relating to the definition of the term strike as applied to state employees. (60) By adding and at the end of paragraph (2) of subsection (a) of Code Section 45-19-21, relating to purposes of the Fair Employment Practices Act of 1978. (61) By deleting the comma following duties of which in paragraph (1) of subsection (b) of Code Section 45-20-1, relating to the purposes of the State Merit System of Personnel Administration. (62) By deleting basis and inserting in lieu thereof bases in paragraph (4) of subsection (a) of Code Section 45-20-3, relating to the duties of the State Personnel Board. (63) By striking office of Legislative three times and inserting in lieu thereof Office of Legislative and by striking in the last sentence employees shall and inserting in lieu thereof employees, shall in Code Section 45-20-7, relating to employees in the legislative branch of state government. (64) By adding commas after or board in paragraph (2) of subsection (d), after evidence in paragraph (2) of subsection (e), and after Findings of fact in subsection (g) of Code Section 45-20-9, relating to procedure for conduct of hearings and appeals relating to adverse personnel actions. (65) By striking hereunder and inserting in lieu thereof under this article in Code Section 45-20-13, relating to certain penalties. (66) By striking system which and inserting in lieu thereof system, which in paragraph (1) of subsection (a) of Code Section 45-20-15, relating to confidentiality of information received by staff in counseling. Page 38 (67) By striking paragraphs (3) and (4) of Code Section 45-20-51, relating to definitions relating to charitable deductions from wages of state employees, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Eligible voluntary charitable organization' means: (A) A charitable organization which: (i) Actively conducts health or welfare programs and provides services to individuals directed at one or more of the following common human needs within a community: service, research, and education in the health field; family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day-care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups such as children and youth, the aged, the ill and infirm, or the physically handicapped; (ii) Provides direct and substantial services on a state-wide basis or is one of the federated charitable organizations that coordinates fund raising and allocations for local charitable organizations in the various geographic areas in which employees are solicited; (iii) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, or national origin, which policy is applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; and (iv) Does not expend a substantial portion of its forts to influence the outcome of elections or the determination of public policy; and Page 39 (B) A health and welfare agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe., and by redesignating paragraph (5) as paragraph (4) of such Code section. (68) By adding a comma following Georgia in paragraph (3) of Code Section 45-21-7, relating to awards to state employees. 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 at the end of Code Section 46-2-23, relating to the vote making power of the Public Service Commission and telecommunications companies, a new subsection (i) to read as follows: (i) Beginning one year after deregulation or eliminating tariffs on a service, the utility will file within 60 days of such anniversary date with the commission a report showing the rates or tariffs for such service on the effective date of deregulation or detariffing and the rates or tariffs on the anniversary date. Such reports will continue to be filed on an updated basis annually for a period of five years. The commission may prescribe the form and content of such reports. The commission will thereafter as soon as practicable file a summary of the results and contents of such reports with the Industry Committee of the House of Representatives and the Public Utilities Committee of the Senate. (2) By inserting the word not between the words shall and be in subsection (b) and by striking subsection and inserting in lieu thereof Code section in subsection (e) of Code Section 46-5-23, relating to use of automatic dialing and recording equipment. Section 47 . Reserved. Section 48 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: Page 40 (1) By striking subsection (a) of Code Section 48-5-180, relating to rates of commissions of certain tax receivers and tax collectors, which reads as follows: (a) The commissions to be allowed to each tax receiver and tax collector of state and county taxes shall be: (1) On all net digests up to and including $6,000.00 6%; (2) Over $6,000.00 and not exceeding $14,000.00 5%; (3) Over $14,000.00 and not exceeding $24,000.00 4%; (4) Over $24,000.00 and not exceeding $36,000.00 3%; (5) Over $36,000.00 and not exceeding $52,000.00 2%; (6) Over $52,000.00 and not exceeding $76,000.00 2%; (7) Over $76,000.00 1[UNK]%, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commissions to be allowed to each tax receiver and tax collector of state and county taxes shall be as provided in the following schedule: Net Digest Amount Rate of Commission Up to and including $6,000.00 6% Over $6,000.00 and not exceeding $14,000.00 5% Over $14,000.00 and not exceeding $24,000.00 4% Over $24,000.00 and not exceeding $36,000.00 3% Over $36,000.00 and not exceeding $52,000.00 2% Over $52,000.00 and not exceeding $76,000.00 2% Over $76,000.00 1[UNK]% (2) By striking subection and inserting in lieu thereof subsection in paragraph (1) of subsection (e) of Code Section 48-6-27, relating to certain returns of intangible personal property. Section 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking and at the end of subparagraph (a)(7)(E) and by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(7)(G) of Code Section 49-5-8, relating to powers and duties of the Department of Human Resources regarding child welfare services. (2) By striking licensed by and inserting in lieu thereof licensed or commissioned by in the first sentence of subsection (q) of Code Section 49-5-12, relating to licensing of child welfare agencies and facilities. Section 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking Section VII and inserting in lieu thereof Section VI in paragraph (2) of subsection (a) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debts. Section 51 . Reserved. Section 52 . Reserved. Section 53 . Reserved. 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 Page 42 publication, as amended by the text and numbering of Code sections as contained in the 1989 supplements to the Official Code of Georgia Annotated published under authority of the state in 1989 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 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 1990 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 . The following sections of laws which have been codified by other provisions of this Act are repealed in their entirety: (1) Section 2 of an Act, relating to the selling, installation, and servicing of burglar and fire alarms and electronic security systems by counties and municipalities, approved April 12, 1988 (Ga. L. 1988, p. 1847). Page 43 (2) Section 2 of an Act, relating to the provision for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts, approved April 14, 1988 (Ga. L. 1988, p. 1954). (3) Section 2 of an Act, relating to the enactment of Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, approved March 31, 1988 (Ga. L. 1988, p. 651). (4) Section 10A of an Act amending Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, approved April 3, 1989 (Ga. L. 1989, p. 370). (5) Section 8 of an Act amending Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, approved March 15, 1988 (Ga. L. 1988, p. 227). (6) Section 2 of an Act amending Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, approved April 14, 1988 (Ga. L. 1988, p. 1988). (7) Section 2 of an Act amending Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, approved March 15, 1988 (Ga. L. 1988, p. 256). Section 56 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 57 . All laws and parts of laws in conflict with this Act are repealed. Approved February 16, 1990. Page 44 TORTSDONATION OF FOOD TO CHARITY. Code Section 51-1-31 Amended. No. 715 (House Bill No. 1277). AN ACT To amend Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, so as to make certain grammatical and editorial changes; to clarify that a good faith donor or gleaner of canned or perishable food who donates such food to a charitable or nonprofit organization shall not be subject to criminal penalty or civil damages arising from the condition of the food under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 51-1-31 of the Official Code of Georgia Annotated, relating to the liability of certain persons who donate canned or perishable food to charitable or nonprofit organizations for use or distribution, is amended by striking subsections (b) through (e) in their entirety and inserting in their respective places new subsections (b) through (e) to read as follows: (b) A good faith donor or gleaner of any canned or perishable food apparently fit for human consumption who donates such food to a bona fide charitable or nonprofit organization for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the recklessness or intentional misconduct of the donor or gleaner. (c) A bona fide charitable or nonprofit organization which accepts any canned or perishable food apparently fit for human consumption from a good faith donor or gleaner for use or distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is Page 45 caused by the recklessness or intentional misconduct of the charitable or nonprofit organization. (d) The provisions of this Code section apply to the good faith donation of canned or perishable food not readily marketable due to appearance, freshness, grade, surplus, or other such considerations. (e) The provisions of this Code section shall not be construed to restrict the authority of any lawful agency otherwise to regulate or ban the use of food for human consumption. 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 16, 1990. VETERANS' ADMINISTRATIONUNITED STATES DEPARTMENT OF VETERANS AFFAIRS; NAME CHANGED. No. 718 (House Bill No. 1275). AN ACT To amend the Official Code of Georgia Annotated, so as to change all references to the United States Veterans' Administration to refer to the United States Department of Veterans Affairs; to change references to the administrator of veterans' affairs to refer to the secretary of veterans affairs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 46 Section 1 . The Official Code of Georgia Annotated is amended as follows: (1) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subparagraph (e)(3)(D) of Code Section 8-3-177, relating to loans by the Georgia Residential Finance Authority. (2) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in paragraph (6) of Code Section 8-3-199, relating to findings on housing and designation of the Georgia Residential Finance Authority as the State Office of Housing. (3) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in paragraph (10) of subsection (e) of Code Section 15-9-86.1, relating to statements in lieu of stating time of a hearing in certain types of proceedings in probate courts. (4) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs and by striking Veterans' Administration Schedule for Rating Disabilities, Loose Leaf Edition and inserting in lieu thereof United States Department of Veterans Affairs Administration Schedule for Rating Disabilities, Loose Leaf Edition in paragraph (2) of subsection (a) of Code Section 27-2-4, relating to honorary hunting and fishing licenses. (5) By striking Code Section 29-6-1, relating to definitions relating to guardians of beneficiaries of the Veterans' Administration (now the Department of Veterans Affairs), and inserting in lieu thereof a new Code Section 29-6-1 to read as follows: 29-6-1. As used in this chapter, the term: (1) `Benefits' means all moneys payable by the United States through the United States Department of Veterans Affairs. (2) `Estate' and `income' shall include only moneys received by the guardian from the United States Department Page 47 of Veterans Affairs and all earnings, interest, and profits derived therefrom. (3) `Guardian' means any person acting as a fiduciary for a ward. (4) `Incompetent' means a person of unsound mind. (5) `Person' includes a partnership, a corporation, or an association. (6) `Secretary of veterans affairs' means the secretary of veterans affairs of the United States Department of Veterans Affairs or his successor. (7) `United States Department of Veterans Affairs' means the United States Department of Veterans Affairs, its predecessors, or its successors. (8) `Ward' means a beneficiary of the United States Department of Veterans Affairs. (6) By striking Veterans' Administration, the administrator and inserting in lieu thereof United States Department of Veterans Affair, the secretary of veterans affairs in Code Section 29-6-2, relating to the appointment of a guardian when required by the administrator (now the secretary of veterans affairs). (7) By striking administrator and inserting in lieu thereof secretary of veterans affairs and by striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs the four times it appears in Code Section 29-6-3, relating to certificates as prima-facie evidence for appointment of a guardian of a mentally incompetent ward. (8) By striking administrator and inserting in lieu thereof secretary of veterans affairs and by striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs both times it appears in Code Section 29-6-4, relating to a certificate as prima-facie evidence for appointment of a guardian of a minor. Page 48 (9) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subsection (a) and in paragraph (3) and both times it appears in paragraph (6) of subsection (b) of Code Section 29-6-6, relating to the petition for appointment of a guardian. (10) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 29-6-8, relating to a guardian not to have more than five wards. (11) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 29-6-11, relating to purposes for expenditures from a ward's estate. (12) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs both times it appears in Code Section 29-6-12, relating to guardians filing annual accounts. (13) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs both times it appears in Code Section 29-6-13, relating to failure of a guardian to file an account as ground for removal. (14) By striking administrator and inserting in lieu thereof secretary of veterans affairs and by striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs the four times it appears in Code Section 29-6-14, relating to the administrator (now secretary of veterans affairs) being an interested party in proceedings affecting guardianships or estates of beneficiaries. (15) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 29-6-15, relating to compensation of guardians and premiums on bonds. (16) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 29-6-16, relating to when a guardian may be discharged. Page 49 (17) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs both times it appears in Code Section 29-6-18, relating to construction and application of Chapter 6 of Title 29. (18) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section 31-30-3, relating to reports by the Department of Human Resources of information submitted under Chapter 30 of Title 31, relating to exposure of veterans to Agent Orange. (19) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subsection (a) of Code Section 33-11-25.1, relating to authorized investments of insurers. (20) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subparagraph (b)(3)(D) of Code Section 36-41-6, relating to loans to qualified housing sponsors or eligible households by urban residential nance authorities. (21) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in paragraph (7) of Code Section 37-3-1, relating to definitions of terms relating to mental illness. (22) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsection (b) of Code Section 37-3-2, relating to the authority of the Board of Human Resources to issue regulations. (23) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsections (a) and (b) and by striking United States Veterans' Administration Hospital both times it appears and inserting in lieu thereof United States Department of Veterans Affairs Medical Center in subsection (a) of Code Section 37-3-102, relating to transfer of patients to custody of federal agencies for diagnosis, care, or treatment. (24) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section Page 50 37-3-104, relating to procedure upon discovery that a patient hospitalized in Georgia is not a resident. (25) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in paragraph (6) of Code Section 37-4-2, relating to definitions of terms relative to the habilitation of the mentally retarded. (26) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsection (b) of Code Section 37-4-3, relating to the authority of the Board of Human Resources to issue regulations. (27) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsections (a) and (b) of Code Section 37-4-62, relating to the transfer of mentally retarded clients to the custody of federal agencies for care and treatment. (28) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section 37-4-64, relating to the procedure upon discovery that a mentally retarded client receiving court ordered services from a Georgia facility is not a resident. (29) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsection (b) of Code Section 37-7-2, relating to authority of the Board of Human Resources to issue regulations. (30) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsections (a) and (b) of Code Section 37-7-102, relating to the transfer of alcoholic, drug dependent, or drug-abusing patients to the custody of federal agencies for diagnosis, care, or treatment. (31) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section 37-7-104, relating to the procedure upon discovery that a patient hospitalized in Georgia is not a resident. (32) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs the Page 51 three times it appears in subsection (a) of Code Section 38-1-1, relating to marital, birth, and other records supplied free to veterans and dependents. (33) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section 38-4-53, relating to authorization of the Veterans Service Board to receive federal aid and gifts. (34) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in Code Section 38-4-72, relating to receipt of federal aid and gifts for the Veterans Service Board for the establishment of a veterans' cemetery. (35) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subsection (a) and by striking Veterans' Administration of the United States and inserting in lieu thereof United States Department of Veterans Affairs in subsection (b) of Code Section 40-2-68, relating to free license plates and revalidation decals for disabled veterans. (36) By striking Veterans' Administration and inserting in lieu thereof Department of Veterans Affairs in subsections (c) and (d) of Code Section 43-12-2, relating to qualifications of blind persons and disabled veterans to peddle, conduct business, or practice professions without a license. (37) By striking Veterans Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 45-2-22, relating to point preferences on civil service examinations for disabled veterans. (38) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subsections (a) and (b) of Code Section 48-5-48, relating to the constitutional homestead exemption for disabled veterans and certain surviving family members. (39) By striking Veterans' Administration of the United States and inserting in lieu thereof United States Department of Veterans Affairs in paragraph (2) of subsection (a) of Code Section Page 52 48-5-48.3, relating to homestead exemptions for disabled veterans and certain surviving family members. (40) By striking Veterans' Administration of the United States and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 48-5-478, relating to constitutional exemptions for disabled veterans. (41) By striking Veterans Administration and inserting in lieu thereof United States Department of Veterans Affairs in paragraph (30) of Code Section 48-8-3, relating to exemptions from the sales and use tax. (42) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in subsection (b) of Code Section 49-4-6, relating to disregarding reserves, income, and resources in determining public assistance. (43) By striking Veterans' Administration and inserting in lieu thereof United States Department of Veterans Affairs in Code Section 50-19-5, relating to the authority of the Department of Veterans Service to purchase ambulances. 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 16, 1990. Page 53 ELECTIONSCODE REVISION. Code Sections 21-2-172, 21-2-409, and 21-3-318 Amended. No. 719 (House Bill No. 1273). 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 Code section and inserting in its place subsection in paragraph (4) of subsection (c) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of political bodies by convention. (2) By striking judgement and inserting in its place judgment in subsection (a) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities. (3) By striking judgement and inserting in its place judgment in subsection (a) of Code Section 21-3-318, relating to assisting municipal electors who cannot read English or who have physical disabilities. Page 54 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 16, 1990. APPROPRIATIONSS.F.Y. 1989-90. No. 720 (House Bill No. 1288). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1989-1990 known as the General Appropriations Act, approved April 18, 1989 (Ga. L. 1989, p. 1492), so as to change certain appropriations for the State Fiscal Year 1989-1990; 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 1989-1990, as amended, known as the General Appropriations Act approved April 18, 1989 (Ga. L. 1989, p. 1492), is further amended by striking everything following the enacting clause through Section 78, 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, 1989, and ending June 30, 1990, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds Page 55 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 $ 21,091,253 Personal Services - Staff $ 10,455,026 Personal Services - Elected Officials $ 3,409,540 Regular Operating Expenses $ 1,994,900 Travel - Staff $ 112,200 Travel - Elected Officials $ 7,000 Motor Vehicle Purchases $ 0 Equipment $ 231,000 Computer Charges $ 369,000 Real Estate Rentals $ 65,100 Telecommunications $ 664,000 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 $ 21,091,253 State Funds Budgeted $ 21,091,253 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,016,686 $ 4,016,686 Lt. Governor's Office $ 573,448 $ 573,448 Secretary of the Senate's Office $ 1,048,783 $ 1,048,783 Total $ 5,638,917 $ 5,638,917 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,241,660 $ 8,241,660 Speaker of the House's Office $ 421,458 $ 421,458 Clerk of the House's Office $ 1,108,338 $ 1,108,338 Total $ 9,771,456 $ 9,771,456 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,024,156 $ 2,024,156 Legislative Fiscal Office $ 1,889,416 $ 1,889,416 Legislative Budget Office $ 782,149 $ 782,149 Ancillary Activities $ 985,159 $ 985,159 Total $ 5,680,880 $ 5,680,880 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, Page 57 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 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 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 not-withstanding, 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 $ 14,008,971 Operations Budget: Personal Services $ 11,915,717 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 $ 14,008,971 State Funds Budgeted $ 14,008,971 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 4,370,711 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 5,189,527 Section 5. Superior Courts . Budget Unit: Superior Courts $ 38,733,929 Operation of the Courts $ 37,015,391 Prosecuting Attorneys' Council $ 682,864 Sentence Review Panel $ 124,310 Council of Superior Court Judges $ 84,266 Judicial Administrative Districts $ 812,098 Habeas Corpus Clerk $ 15,000 Total Funds Budgeted $ 38,733,929 State Funds Budgeted $ 38,733,929 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 396,740 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 588,136 Institute's Operations $ 437,000 Georgia Magistrate Courts Training Council $ 151,136 Total Funds Budgeted $ 588,136 State Funds Budgeted $ 588,136 Page 59 Section 8. Judicial Council . Budget Unit: Judicial Council $ 1,821,781 Council Operations $ 797,015 Payments to Judicial Administrative Districts for Case Counting $ 73,500 Board of Court Reporting $ 30,144 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 $ 633,990 Total Funds Budgeted $ 1,821,781 State Funds Budgeted $ 1,821,781 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 111,783 Section 10. Indigent Defense Council . Budget Unit: Indigent Defense Council $ 999,635 Grants $ 950,000 Operations $ 49,635 Total Funds Budgeted $ 999,635 State Funds Budgeted $ 999,635 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 44,950,053 Administration and Services Budget: Personal Services $ 46,354,973 Regular Operating Expenses $ 10,204,206 Travel $ 349,800 Motor Vehicle Purchases $ 426,000 Equipment $ 2,121,406 Computer Charges $ 9,258,781 Real Estate Rentals $ 3,545,328 Telecommunications $ 905,605 Per Diem, Fees and Contracts $ 1,335,860 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 $ 1,000,000 Direct Payments to Georgia Building Authority for Operations $ 3,260,000 Telephone Billings $ 36,494,172 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 $ 153,942,331 State Funds Budgeted $ 44,950,053 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 426,438 $ 426,438 Departmental Administration $ 6,704,384 $ 6,674,319 Treasury and Fiscal Administration $ 17,274,352 $ 15,274,352 Central Supply Administration $ 12,762,042 $ 0 Procurement Administration $ 2,948,953 $ 2,948,953 General Services Administration $ 681,221 $ 0 Space Management Administration $ 566,888 $ 566,888 Data Processing Services $ 51,289,476 $ 13,209,103 Motor Vehicle Services $ 4,018,049 $ 0 Communication Services $ 46,187,199 $ 5,850,000 Printing Services $ 6,694,476 $ 0 Surplus Property Services $ 1,567,948 $ 0 Mail and Courier Services $ 949,833 $ 0 Risk Management Services $ 1,871,072 $ 0 Total $ 153,942,331 $ 44,950,053 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 426,438 $ 426,438 Departmental Administration $ 6,704,384 $ 6,674,319 Treasury and Fiscal Administration $ 17,274,352 $ 15,274,352 Central Supply Administration $ 12,762,042 $ 0 Procurement Administration $ 2,948,953 $ 2,948,953 General Services Administration $ 681,221 $ 0 Space Management Administration $ 566,888 $ 566,888 Date Processing Services $ 51,289,476 $ 13,209,103 Motor Vehicle Services $ 46,018,049 $ 0 Communication Services $ 46,187,199 $ 5,850,000 Printing Services $ 6,694,476 $ 0 Surplus Property Services $ 1,567,948 $ 0 Mail and Courier Services $ 949,833 $ 0 Risk Management Services $ 1,871,072 $ 0 Total $ 153,942,331 $ 44,950,053 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 19,882,891 Regular Operating Expenses $ 4,953,819 Travel $ 22,750 Motor Vehicle Purchases $ 238,500 Equipment $ 220,775 Computer Charges $ 96,000 Real Estate Rentals $ 10,800 Telecommunications $ 138,600 Per Diem, Fees and Contracts $ 164,800 Capital Outlay $ 260,000 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 $ 1,950,197 $ 0 Custodial $ 5,117,756 $ 0 Maintenance $ 5,101,654 $ 0 Security $ 5,088,928 $ 0 Van Pool $ 301,103 $ 0 Sales $ 4,723,888 $ 0 Administration $ 11,176,672 $ 0 Railroad Excursions $ 885,375 $ 0 Facility Renovations $ 0 $ 0 Total $ 34,345,573 $ 0 C. Budget Unit: Agency for the Removal of Hazardous Materials $ 251,364 Operations Budget: Personal Services $ 4,522,464 Regular Operating Expenses $ 3,998,000 Travel $ 1,504,800 Motor Vehicle Purchases $ 271,900 Equipment $ 700,000 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 20,200 Per Diem, Fees and Contracts $ 800,000 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 11,817,364 State Funds Budgeted $ 251,364 Section 12. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 38,206,183 State Operations Budget: Personal Services $ 29,773,521 Regular Operating Expenses $ 3,563,483 Travel $ 876,524 Motor Vehicle Purchases $ 500,842 Equipment $ 270,000 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 $ 2,335,105 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,369,943 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 $ 370,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Poultry Indemnities $ 0 Boll Weevil Eradication Program $ 3,000,000 Total Funds Budgeted $ 47,321,097 State Funds Budgeted $ 38,206,183 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,847,061 $ 4,498,061 Animal Industry $ 7,285,607 $ 6,911,607 Marketing $ 1,874,792 $ 1,837,538 General Field Forces $ 3,720,308 $ 3,720,308 Internal Administration $ 4,649,788 $ 4,579,125 Information and Education $ 1,503,284 $ 1,503,284 Fuel and Measures $ 3,145,576 $ 3,131,676 Consumer Protection Field Forces $ 6,225,799 $ 4,736,357 Meat Inspection $ 4,105,667 $ 1,469,237 Major Markets $ 4,478,218 $ 984,003 Seed Technology $ 397,827 $ 3,071 Entomology and Pesticides $ 5,087,170 $ 4,831,916 Total $ 47,321,097 $ 38,206,183 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 639,106 Regular Operating Expenses $ 154,104 Travel $ 4,650 Motor Vehicle Purchases $ 1,000 Equipment $ 7,850 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 8,818 Per Diem, Fees and Contracts $ 107,708 Capital Outlay $ 375,000 Goods for Resale $ 94,300 Total Funds Budgeted $ 1,392,536 State Funds Budgeted $ 0 Section 13. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 6,118,359 Administration and Examination Budget: Personal Services $ 5,233,859 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 $ 6,118,359 State Funds Budgeted $ 6,118,359 Section 14. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 21,890,632 State Operations Budget: Personal Services $ 5,554,652 Regular Operating Expenses $ 289,911 Travel $ 192,755 Motor Vehicle Purchases $ 0 Equipment $ 27,410 Computer Charges $ 219,155 Real Estate Rentals $ 467,662 Telecommunications $ 68,574 Per Diem, Fees and Contracts $ 134,020 Capital Felony Expenses $ 158,000 Contracts with Regional Development Commissions $ 2,625,000 Local Assistance Grants $ 4,787,402 Appalachian Regional Commission Assessment $ 120,759 Community Development Block Grants (Federal) $ 30,000,000 Music Hall of Fame $ 50,000 Grant - Herty Foundation $ 4,200,000 Local Development Fund $ 1,650,000 Payment to Georgia Residential Finance Authority $ 2,450,000 Payment to Georgia Environmental Facilities Authority for Operations $ 406,515 Total Funds Budgeted $ 53,401,815 State Funds Budgeted $ 21,890,632 Department of Community Affairs Functional Budgets Total Funds State Funds Office of the Commissioner $ 1,037,153 $ 1,014,653 Technical Assistance $ 1,430,585 $ 1,261,773 Financial Assistance $ 48,373,369 $ 17,218,209 Rural Development $ 1,160,824 $ 1,120,824 Coordinated Planning $ 1,399,884 $ 1,275,173 Total $ 53,401,815 $ 21,890,632 Section 15. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 493,159,515 Personal Services $ 269,539,283 Regular Operating Expenses $ 33,600,154 Travel $ 1,589,804 Motor Vehicle Purchases $ 3,279,000 Equipment $ 8,171,294 Computer Charges $ 1,613,000 Real Estate Rentals $ 3,253,000 Telecommunications $ 2,850,358 Per Diem, Fees and Contracts $ 1,810,152 Capital Outlay $ 118,499,450 Utilities $ 10,403,265 Court Costs $ 380,000 County Subsidy $ 12,454,000 County Subsidy for Jails $ 9,625,000 County Workcamp Construction Grants $ 525,000 Grants for Local Jails $ 365,000 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 $ 1,165,000 Health Services Purchases $ 16,642,082 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 $ 90,000 Total Funds Budgeted $ 501,828,842 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 82,000 State Funds Budgeted $ 493,159,515 Departmental Functional Budgets Total Funds State Funds Administration $ 164,742,184 $ 164,161,681 Institutions and Support $ 271,348,879 $ 269,841,879 Probation $ 65,737,779 $ 59,155,955 Total $ 501,828,842 $ 493,159,515 B. Budget Unit: Board of Pardons and Paroles $ 30,825,214 Board of Pardons and Paroles Budget: Personal Services $ 22,694,997 Regular Operating Expenses $ 920,015 Travel $ 752,760 Motor Vehicle Purchases $ 265,000 Equipment $ 795,279 Computer Charges $ 690,159 Real Estate Rentals $ 1,604,700 Telecommunications $ 903,466 Per Diem, Fees and Contracts $ 1,210,938 County Jail Subsidy $ 987,900 Total Funds Budgeted $ 30,825,214 State Funds Budgeted $ 30,825,214 Section 16. Department of Defense . Budget Unit: Department of Defense $ 5,602,479 Operations Budget: Personal Services $ 8,543,307 Regular Operating Expenses $ 4,266,887 Travel $ 77,604 Motor Vehicle Purchases $ 41,500 Equipment $ 57,525 Computer Charges $ 34,155 Real Estate Rentals $ 5,760 Telecommunications $ 154,276 Per Diem, Fees and Contracts $ 201,500 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 $ 6,581 Repairs and Renovations $ 180,000 Total Funds Budgeted $ 15,906,428 State Funds Budgeted $ 5,602,479 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,390,428 $ 1,311,311 Georgia Emergency Management Agency $ 3,284,104 $ 1,022,630 Georgia Air National Guard $ 3,758,900 $ 529,742 Georgia Army National Guard $ 7,472,996 $ 2,738,796 Total $ 15,906,428 $ 5,602,479 Section 17. State Board of Education - Department of Education . Budget Unit: Department of Education $2,782,138,288 Operations: Personal Services $ 42,302,779 Regular Operating Expenses $ 5,476,303 Travel $ 1,931,117 Motor Vehicle Purchases $ 91,783 Equipment $ 772,828 Computer Charges $ 13,865,442 Real Estate Rentals $ 2,442,691 Telecommunications $ 829,900 Per Diem, Fees and Contracts $ 22,450,366 Utilities $ 770,888 Capital Outlay $ 472,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 643,914,524 Grades 4 - 8 $ 541,522,708 Grades 9 - 12 $ 263,729,003 High School Laboratories $ 82,400,352 Vocational Education Laboratories $ 85,836,905 Special Education $ 187,873,928 Gifted $ 23,187,247 Remedial Education $ 44,627,246 Staff Development $ 6,848,676 Professional Development $ 18,590,345 Media $ 104,701,088 Indirect Cost $ 608,435,404 Pupil Transportation $ 110,676,321 Mid-Term Adjustment $ 38,771,779 Local Fair Share $ (479,927,753) Other Categorical Grants: Equalization Formula $ 131,572,700 Sparsity Grants $ 3,647,392 In-School Suspension $ 9,520,994 Special Instructional Assistance. $ 19,058,651 Middle School Incentive $ 24,465,241 Special Education Low-Incidence Grants $ 100,000 Non-QBE Grants: Education of Children of Low-Income Families $ 95,312,627 Retirement (H.B. 272 and H.B. 1321) $ 3,503,745 Instructional Services for the Handicapped $ 28,483,503 Removal of Architectural Barriers $ 888,439 Tuition for the Multi-Handicapped $ 2,475,000 Severely Emotionally Disturbed $ 33,732,168 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 $ 2,720,965 High School Program $ 16,732,524 Special Education in State Institutions $ 3,473,560 Governor's Scholarships $ 1,066,000 Special Projects $ 452,000 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 $ 4,679,416 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 Board of Technical and Adult Education $ 13,848,106 Innovative Programs $ 2,453,089 Technology Grants $ 850,000 Limited English - Speaking Students Program $ 2,673,172 Drug Free School (Federal) $ 5,162,697 Transition Program for Refugees $ 113,861 Emergency Immigrant Education Program $ 100,000 Title II Math/Science Grant (Federal) $ 2,252,698 Robert C. Byrd Scholarship (Federal) $ 154,000 Public Library Construction $ 14,700,000 Local School Construction $ 115,112,826 Asbestos Removal $ 100,817 Total Funds Budgeted $ 3,106,400,239 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,782,138,288 Education Functional Budgets Total Funds State Funds State Administration $ 15,997,673 $ 14,908,730 Instructional Programs $ 18,243,293 $ 9,349,807 Governor's Honors Program $ 1,300,814 $ 1,158,295 Administrative Services $ 13,781,668 $ 9,344,861 Evaluation and Personnel Development $ 19,681,888 $ 19,246,338 Special Services $ 4,539,612 $ 2,940,285 Professional Standards Commission $ 287,193 $ 287,193 Professional Practices Commission $ 584,243 $ 584,243 Local Programs $ 3,014,994,142 $ 2,708,353,027 Georgia Academy for the Blind $ 4,611,814 $ 4,386,552 Georgia School for the Deaf $ 7,396,979 $ 7,070,747 Atlanta Area School for the Deaf $ 4,980,920 $ 4,508,210 Total $ 3,106,400,239 $ 2,782,138,288 Section 18. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 1,326,323 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 $ 2,629,323 State Funds Budgeted $ 0 Section 19. Forestry Commission . Budget Unit: Forestry Commission $ 36,694,699 State Operations Budget: Personal Services $ 28,591,177 Regular Operating Expenses $ 6,922,549 Travel $ 174,520 Motor Vehicle Purchases $ 1,228,810 Equipment $ 2,730,173 Computer Charges $ 154,806 Real Estate Rentals $ 39,174 Telecommunications $ 942,267 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 $ 42,243,740 State Funds Budgeted $ 36,694,699 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 5,280,051 $ 2,295,011 Field Services $ 34,293,801 $ 31,758,723 Wood Energy $ 28,912 $ 28,912 General Administration and Support $ 2,640,976 $ 2,612,053 Total $ 42,243,740 $ 36,694,699 Section 20. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 33,793,266 Operations Budget: Personal Services $ 24,157,132 Regular Operating Expenses $ 2,544,438 Travel $ 646,760 Motor Vehicle Purchases $ 624,650 Equipment $ 596,288 Computer Charges $ 631,000 Real Estate Rentals $ 1,785,200 Telecommunications $ 1,955,798 Per Diem, Fees and Contracts $ 277,000 Evidence Purchased $ 500,000 Capital Outlay $ 75,000 Total Funds Budgeted $ 33,793,266 State Funds Budgeted $ 33,793,266 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,006,186 $ 3,006,186 Drug Enforcement $ 6,673,800 $ 6,673,800 Investigative $ 10,640,865 $ 10,640,865 Georgia Crime Information Center $ 6,731,824 $ 6,731,824 Forensic Sciences $ 6,740,591 $ 6,740,591 Total $ 33,793,266 $ 33,793,266 Section 21. Office of the Governor . Budget Unit: Office of the Governor $ 23,028,742 Personal Services $ 9,408,312 Regular Operating Expenses $ 482,288 Travel $ 186,775 Motor Vehicle Purchases $ 0 Equipment $ 76,334 Computer Charges $ 158,637 Real Estate Rentals $ 655,161 Telecommunications $ 204,420 Per Diem, Fees and Contracts $ 32,028,961 Cost of Operations $ 2,860,758 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,712,500 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 Funds Grants $ 1,162,835 Children and Youth Grants $ 100,000 Juvenile Justice Grants $ 1,262,925 Payments to Hazardous Waste Management Authority $ 1,420,000 Total Funds Budgeted $ 57,193,506 State Funds Budgeted $ 23,028,742 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,775,258 $ 6,775,258 Office of Fair Employment Practices $ 852,858 $ 776,204 Office of Planning and Budget $ 6,035,305 $ 6,035,305 Council for the Arts $ 3,933,685 $ 3,414,621 Office of Consumer Affairs $ 2,133,996 $ 2,133,996 State Energy Office $ 32,404,228 $ 325,544 Vocational Education Advisory Council $ 340,256 $ 150,696 Office of Consumers' Utility Council $ 648,454 $ 648,454 Criminal Justice Coordinating Council $ 739,044 $ 485,165 Juvenile Justice Coordinating Council $ 1,518,788 $ 471,865 Commission on Children and Youth $ 1,685,400 $ 1,685,400 Growth Strategies Commission $ 0 $ 0 Human Relations Commission $ 126,234 $ 126,234 Total $ 57,193,506 $ 23,028,742 Section 22. Department of Human Resources . A. Budget Unit: Departmental Operations $ 481,084,556 1. General Administration and Support Budget: Personal Services $ 61,482,251 Regular Operating Expenses $ 3,898,862 Travel $ 1,631,050 Motor Vehicle Purchases $ 860,441 Equipment $ 601,460 Computer Charges $ 2,871,470 Real Estate Rentals $ 5,550,617 Telecommunications 1,367,492 Per Diem, Fees and Contracts $ 2,866,613 Utilities $ 393,992 Postage $ 1,390,017 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 116,700 Payments to DMA-Community Care $ 9,429,100 Service Benefits for Children $ 12,696,000 Special Purpose Contracts $ 258,000 Purchase of Service Contracts 35,539,845 Total Funds Budgeted $ 140,953,910 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 64,503,172 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 795,145 $ 794,145 Administrative Appeals $ 1,840,652 $ 1,840,652 Administrative Policy, Coordination, and Direction $ 337,931 $ 337,931 Personnel $ 1,808,186 $ 1,808,186 Indirect Cost $ 0 $ (6,213,445) Facilities Management $ 5,104,781 $ 3,573,086 Public Affairs $ 572,258 $ 572,258 Community/Intergovernmental Affairs $ 649,212 $ 649,212 Budget Administration $ 1,701,735 $ 1,701,735 Financial Services $ 5,501,628 $ 5,301,628 Auditing Services $ 2,086,719 $ 2,086,719 Special Projects $ 524,000 $ 524,000 Office Of Children and Youth $ 12,696,000 $ 12,103,358 Planning Councils $ 501,395 $ 148,184 Community Services Block Grant $ 9,103,127 $ 0 Regulatory Services - Program Direction and Support $ 732,767 $ 722,767 Child Care Licensing $ 2,583,000 $ 2,583,000 Laboratory Improvement $ 797,651 $ 456,656 Health Care Facilities Regulation $ 4,598,952 $ 1,277,132 Compliance Monitoring $ 479,839 $ 479,839 Radiological Health $ 884,859 $ 667,111 Fraud and Abuse $ 5,705,318 $ 224,443 Child Support Recovery $ 29,295,625 $ 4,356,248 Support Services $ 12,155,544 $ 11,227,944 Aging Services $ 39,149,576 $ 15,981,373 State Health Planning and Development Agency $ 1,349,010 $ 1,299,010 Total $ 140,953,910 $ 64,503,172 2. Public Health Budget: Personal Services $ 49,474,103 Regular Operating Expenses $ 54,441,880 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 $ 69,000,574 Purchase of Service Contracts $ 11,826,121 Special Purpose Contracts $ 6,417,500 Total Funds Budgeted $ 219,956,492 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 129,870,651 Public Health Functional Budgets Total Funds State Funds Director's Office $ 873,482 $ 676,257 Employees' Health $ 313,542 $ 313,542 Health Program Management $ 1,296,729 $ 1,211,729 Vital Records $ 1,924,223 $ 1,760,161 Health Services Research $ 840,450 $ 617,632 Primary Health Care $ 811,724 $ 745,791 Stroke and Heart Attack Prevention $ 1,986,440 $ 1,456,440 Epidemiology $ 1,839,637 $ 927,523 Immunization $ 599,292 $ 0 Sexually Transmitted Diseases $ 1,566,714 $ 300,631 Community Tuberculosis Center $ 1,698,734 $ 1,545,893 Family Health Management $ 11,466,947 $ 5,505,303 Infant and Child Health $ 10,491,073 $ 9,324,163 Maternal Health - Perinatal $ 3,058,997 $ 1,047,121 Family Planning $ 10,234,234 $ 6,203,394 Malnutrition $ 56,504,981 $ 0 Dental Health $ 1,783,362 $ 1,573,187 Children's Medical Services $ 12,153,062 $ 9,919,000 Chronic Disease $ 1,349,328 $ 1,349,328 Diabetes $ 693,177 $ 693,177 Cancer Control $ 4,067,805 $ 3,964,230 Environmental Health $ 1,000,931 $ 512,159 Laboratory Services $ 5,496,202 $ 5,376,202 Emergency Health $ 2,977,452 $ 1,916,952 District Health Administration $ 10,356,307 $ 10,226,632 Newborn Follow-Up Care $ 930,987 $ 740,722 Sickle Cell, Vision and Hearing $ 3,651,274 $ 3,161,274 High-Risk Pregnant Women and Infants $ 4,432,642 $ 4,432,642 Grant-in-Aid to Counties $ 56,847,315 $ 50,282,408 Community Health Management $ 481,908 $ 398,776 Community Care $ 3,052,986 $ 1,208,339 Aids Programs $ 5,114,555 $ 2,480,043 Total $ 219,956,492 $ 129,870,651 3. Rehabilitation Services Budget: Personal Services $ 65,871,313 Regular Operating Expenses $ 9,849,338 Travel $ 815,163 Motor Vehicle Purchases $ 119,000 Equipment $ 351,573 Computer Charges $ 1,728,383 Real Estate Rentals $ 2,902,171 Telecommunications $ 1,420,350 Per Diem, Fees and Contracts $ 4,487,877 Utilities $ 977,500 Capital Outlay $ 0 Postage $ 425,050 Institutional Repairs and Maintenance $ 242,500 Case Services $ 16,157,000 E.S.R.P. Case Services $ 52,000 Special Purpose Contracts $ 774,000 Purchase of Services Contracts $ 7,202,585 Total Funds Budgeted $ 113,375,803 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,872,864 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,849,215 $ 1,455,494 Grants Management $ 862,128 $ 717,125 State Rehabilitation Facilities $ 7,694,630 $ 1,533,173 Roosevelt Warm Springs Institute $ 18,199,904 $ 4,807,896 Georgia Factory for the Blind $ 13,134,289 $ 731,727 Disability Adjudication $ 23,975,174 $ 0 Production Workshop $ 854,410 $ 0 District Field Services $ 36,379,887 $ 8,150,964 Independent Living $ 511,813 $ 306,813 Sheltered Employment $ 1,466,668 $ 721,987 Community Facilities $ 6,027,535 $ 6,027,535 Bobby Dodd Workshop $ 420,150 $ 420,150 Total $ 113,375,803 $ 24,872,864 4. Family and Children Services Budget: Personal Services $ 14,889,329 Regular Operating Expenses $ 1,559,285 Travel $ 415,227 Motor Vehicle Purchases $ 0 Equipment $ 147,916 Computer Charges $ 16,791,984 Real Estate Rentals $ 226,365 Telecommunications $ 1,156,500 Per Diem, Fees and Contracts $ 5,450,713 Utilities $ 9,100 Postage $ 1,461,435 Cash Benefits $ 316,130,150 Grants to County DFACS-Operations $ 201,836,889 Service Benefits for Children $ 46,499,365 Special Purpose Contracts $ 3,532,000 Purchase of Service Contracts $ 2,260,000 Total Funds Budgeted $ 612,366,258 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 261,837,869 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,329,923 $ 0 AFDC Payments $ 305,603,127 $ 115,796,590 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 10,051,000 $ 0 County DFACS Operations-Social Services $ 55,199,066 $ 8,995,468 County DFACS Operations-Eligibility $ 87,218,261 $ 43,417,269 County DFACS Operations-Joint and Administration $ 49,998,838 $ 24,262,627 County DFACS Operations - Homemakers Services $ 6,951,771 $ 6,951,771 Food Stamp Issuance $ 2,425,000 $ 0 Director's Office $ 881,949 $ 881,949 Administrative Support $ 4,486,459 $ 3,736,866 Regional Administration $ 4,069,330 $ 4,069,330 Public Assistance $ 4,662,986 $ 2,216,606 Management Information Systems $ 19,657,585 $ 8,524,670 Social Services $ 2,632,583 $ 2,632,583 Indirect Cost $ 0 $ (6,578,268) Employability Benefits $ 2,318,389 $ 1,908,631 Legal Services $ 2,000,000 $ 2,000,000 Family Foster Care $ 21,768,990 $ 15,062,835 Institutional Foster Care $ 2,630,504 $ 2,120,902 Specialized Foster Care $ 791,500 $ 613,359 Adoption Supplement $ 3,591,282 $ 2,594,470 Day Care $ 15,865,300 $ 15,865,300 Home Management - Contracts $ 158,000 $ 158,000 Outreach - Contracts $ 776,500 $ 776,500 Special Projects $ 1,231,500 $ 1,209,131 Program Support $ 3,462,362 $ 3,297,362 County DFACS Operations - Employability Program $ 2,603,953 $ 1,323,818 Total $ 612,366,258 $ 261,837,869 Budget Unit Object Classes : Personal Services $ 191,716,996 Regular Operating Expenses $ 69,749,365 Travel $ 4,109,505 Motor Vehicle Purchases $ 979,441 Equipment $ 1,599,587 Computer Charges $ 22,062,669 Real Estate Rentals $ 9,632,613 Telecommunications $ 4,666,647 Per Diem, Fees and Contracts $ 16,348,269 Utilities $ 1,380,592 Postage $ 3,388,353 Capital Outlay $ 0 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infact 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 $ 69,000,574 Payments to DMA-Community Care $ 9,429,100 Service Benefits for Children $ 59,195,365 Case Services $ 16,157,000 E.S.R.P. Case Services $ 52,000 Cash Benefits $ 316,130,150 Grants for County DFACS - Operations $ 201,836,889 Institutional Repairs and Maintenance $ 359,200 Special Purpose Contracts $ 10,981,500 Purchase of Service Contracts $ 56,828,551 B. Budget Unit: Community Mental Health/Mental Retardation, Youth Services and Institutions $ 509,249,824 Departmental Operations: Personal Services $ 385,243,196 Regular Operating Expenses $ 35,794,041 Travel $ 1,118,360 Motor Vehicle Purchases $ 682,700 Equipment $ 3,605,648 Computer Charges $ 4,964,536 Real Estate Rentals $ 882,375 Telecommunications $ 3,149,333 Per Diem, Fees and Contracts $ 6,185,703 Utilities $ 13,368,100 Capital Outlay $ 10,195,200 Authority Lease Rentals $ 2,451,904 Institutional Repairs and Maintenance $ 11,354,300 Grants to County-Owned Detention Centers $ 2,768,050 Substance Abuse Community Services $ 35,703,573 Mental Retardation Community Services $ 88,132,101 Mental Health Community Services $ 14,751,156 Community Mental Health Center Services $ 55,260,268 Special Purpose Contract $ 1,424,600 Service Benefits for Children $ 3,137,860 Purchase of Service Contracts $ 597,000 Total Funds Budgeted $ 680,770,004 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 509,249,824 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 38,430,338 $ 25,104,296 Georgia Retardation Center $ 35,711,775 $ 17,869,273 Georgia Mental Health Institute $ 28,417,924 $ 24,569,682 Georgia Regional Hospital at Augusta $ 22,689,137 $ 19,141,293 Northwest Regional Hospital at Rome $ 31,318,866 $ 24,486,924 Georgia Regional Hospital at Atlanta $ 29,882,775 $ 23,075,041 Central State Hospital $ 132,138,242 $ 88,552,841 Georgia Regional Hospital at Savannah $ 24,647,754 $ 21,957,911 Gracewood State School and Hospital $ 46,137,232 $ 23,958,040 West Central Georgia Regional Hospital $ 22,488,763 $ 18,534,920 Outdoor Therapeutic Program $ 3,222,560 $ 2,375,784 Mental Health Community Assistance $ 9,317,746 $ 9,114,451 Mental Retardation Community Assistance $ 5,228,263 $ 2,703,158 Day Care Centers for Mentally Retarded $ 67,567,203 $ 39,831,203 Supportive Living $ 14,421,988 $ 14,421,988 Georgia State Foster Grandparents/Senior Companion Program $ 663,127 $ 634,662 Project Rescue $ 445,605 $ 445,605 Drug Abuse Contracts $ 1,361,631 $ 1,361,631 Community Mental Health Center Services $ 55,260,268 $ 43,173,693 Project ARC $ 382,210 $ 382,210 Metro Drug Abuse Centers $ 1,604,734 $ 1,354,234 Group Homes for Autistic Children $ 290,613 $ 290,613 Project Friendship $ 329,168 $ 329,168 Community Mental Retardation Staff $ 3,639,123 $ 3,639,123 Community Mental Retardation Residential Services $ 15,464,447 $ 15,464,447 Contract with Clayton County Board of Education for Autistic Children $ 76,900 $ 76,900 MH/MR/SA Administration $ 9,410,426 $ 7,353,347 Regional Youth Development Centers $ 22,092,476 $ 21,678,476 Milledgeville State YDC $ 15,201,836 $ 14,832,736 Augusta State YDC $ 9,646,742 $ 9,575,042 Atlanta State YDC $ 4,160,226 $ 4,042,326 Macon State YDC $ 3,880,109 $ 3,779,009 Court Services $ 12,614,295 $ 12,614,295 Community Treatment Centers $ 2,736,059 $ 2,736,059 Day Centers $ 948,748 $ 948,748 Group Homes $ 676,070 $ 676,070 Purchased Services $ 4,595,481 $ 4,495,481 Runaway Investigation/Interstate Compact $ 694,485 $ 694,485 Assessment and Classification $ 411,914 $ 411,914 Youth Services Administration $ 2,562,745 $ 2,562,745 Total $ 680,770,004 $ 509,249,824 Section 23. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 18,893,512 State Operations Budget: Personal Services $ 7,516,645 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 $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 19,996,512 State Funds Budgeted $ 18,893,512 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 6,658,679 $ 5,848,679 Economic Development $ 5,067,161 $ 4,914,161 Tourism $ 8,270,672 $ 8,130,672 Total $ 19,996,512 $ 18,893,512 Section 24. Department of Insurance . Budget Unit: Department of Insurance $ 12,543,366 Operations Budget: Personal Services $ 10,602,243 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 High-Risk Health Insurance Board $ 75,000 Total Funds Budgeted $ 13,609,760 State Funds Budgeted $ 12,543,366 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,943,578 $ 1,943,578 Insurance Regulation $ 6,279,804 $ 6,149,804 Industrial Loans Regulation $ 566,737 $ 566,737 Fire Safety and Mobile Home Regulations $ 4,819,641 $ 3,883,247 Total $ 13,609,760 $ 12,543,366 Section 25. Department of Labor . Budget Unit: Department of Labor $ 6,437,843 State Operations: Personal Services $ 61,036,074 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 $ 144,330,421 State Funds Budgeted $ 6,437,843 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 8,004,818 $ 260,461 Administrative Services $ 16,662,865 $ 1,467,420 Employment and Training Services $ 119,662,738 $ 4,709,962 Total $ 144,330,421 $ 6,437,843 Section 26. Department of Law . Budget Unit: Department of Law $ 8,703,803 Attorney General's Office Budget: Personal Services $ 7,591,730 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 $ 310,000 Books for State Library $ 110,000 Total Funds Budgeted $ 9,294,703 State Funds Budgeted $ 8,703,803 Section 27. Department of Medical Assistance . Budget Unit: Medicaid Services $ 548,859,591 Departmental Operations Budget: Personal Services $ 12,501,550 Regular Operating Expenses $ 618,086 Travel $ 190,500 Motor Vehicle Purchases $ 0 Equipment $ 61,727 Computer Charges $ 13,543,138 Real Estate Rentals $ 935,973 Telecommunications $ 392,900 Per Diem, Fees and Contracts $ 24,251,556 Medicaid Benefits, Penalties and Disallowances $ 1,512,215,541 Payments to Counties for Mental Health $ 32,895,060 Audit Contracts $ 772,500 Total Funds Budgeted $ 1,598,378,531 State Funds Budgeted $ 548,859,591 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 2,720,189 $ 828,864 Program Management $ 25,092,121 $ 2,595,699 Systems Management $ 15,778,746 $ 4,365,013 Administration $ 2,874,638 $ 460,169 Program Integrity $ 4,266,457 $ 1,420,092 Institutional Policy and Reimbursement $ 2,535,779 $ 1,219,111 Benefits, Penalties and Disallowances $ 1,545,110,601 $ 537,970,643 Total $ 1,598,378,531 $ 548,859,591 Section 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 35,534,500 Departmental Operations Budget: Personal Services $ 7,510,316 Regular Operating Expenses $ 2,056,528 Travel $ 84,509 Equipment $ 58,430 Computer Charges $ 2,877,767 Real Estate Rentals $ 884,119 Telecommunications $ 338,970 Per Diem, Fees and Contracts $ 42,964,275 Health Insurance Payments $ 517,593,013 Total Funds Budgeted $ 574,367,927 Agency Assessments $ 9,419,549 Employee and Employer Contributions $ 529,340,134 Deferred Compensation $ 73,744 State Funds $ 35,534,500 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,619,632 $ 0 Classification and Compensation $ 1,130,788 $ 0 Flexible Benefits $ 1,226,597 $ 0 Employee Training and Development $ 1,294,553 $ 0 Health Insurance Administration $ 15,645,719 $ 0 Health Insurance Claims $ 548,666,828 $ 35,534,500 Internal Administration $ 2,243,818 $ 0 Commissioner's Office $ 1,539,992 $ 0 Total $ 574,367,927 $ 35,534,500 Section 29. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 86,691,751 Operations Budget: Personal Services $ 56,655,918 Regular Operating Expenses $ 10,913,440 Travel $ 498,390 Motor Vehicle Purchases $ 1,521,566 Equipment $ 1,696,547 Computer Charges $ 788,603 Real Estate Rentals $ 1,688,530 Telecommunications $ 1,090,255 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 $ 980,000 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 $ 8,575,000 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 $ 108,277,283 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 $ 86,691,751 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 14,607,545 $ 13,977,951 Game and Fish $ 27,431,582 $ 23,739,196 Parks, Recreation and Historic Sites $ 37,721,874 $ 24,131,406 Environmental Protection $ 26,598,137 $ 23,010,053 Coastal Resources $ 1,918,145 $ 1,833,145 Total $ 108,277,283 $ 86,691,751 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 $ 77,901,271 Operations Budget: Personal Services $ 59,343,220 Regular Operating Expenses $ 8,878,459 Travel $ 167,250 Motor Vehicle Purchases $ 2,617,532 Equipment $ 983,481 Computer Charges $ 4,224,364 Real Estate Rentals $ 71,202 Telecommunications $ 1,317,813 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 $ 79,551,271 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 77,901,271 Public Safety Functional Budgets Total Funds State Funds Administration $ 17,835,498 $ 16,335,498 Driver Services $ 15,993,186 $ 15,993,186 Field Operations $ 45,722,587 $ 45,572,587 Total $ 79,551,271 $ 77,901,271 B. Budget Unit: Units Attached for Administrative Purposes Only $ 13,926,231 1. Attached Units Budget: Personal Services $ 6,992,202 Regular Operating Expenses $ 2,441,826 Travel $ 134,000 Motor Vehicle Purchases $ 116,282 Equipment $ 178,771 Computer Charges $ 363,312 Real Estate Rentals $ 89,187 Telecommunications $ 159,000 Per Diem, Fees and Contracts $ 859,800 Peace Officers Training Grants $ 2,757,323 Capital Outlay $ 0 Total Funds Budgeted $ 14,091,703 State Funds Budgeted $ 13,606,703 2. Office of Highway Safety Budget: Personal Services $ 412,384 Regular Operating Expenses $ 29,600 Travel $ 13,000 Motor Vehicle Purchases $ 0 Equipment $ 600 Computer Charges $ 40,000 Real Estate Rentals $ 69,988 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 29,100 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,099,672 State Funds Budgeted $ 319,528 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,099,672 $ 319,528 Georgia Peace Officers Standards and Training $ 4,691,256 $ 4,691,256 Police Academy $ 935,224 $ 915,224 Fire Academy $ 1,257,360 $ 1,177,360 Georgia Firefighters Standards and Training Council $ 417,874 $ 417,874 Organized Crime Prevention Council $ 291,920 $ 291,920 Georgia Public Safety Training Facility $ 6,498,069 $ 6,113,069 Total $ 18,191,375 $ 13,926,231 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 State Funds Budgeted $ 13,915,342 Section 32. Public Service Commission . Budget Unit: Public Service Commission $ 7,705,982 Departmental Operations Budget: Personal Services $ 6,281,890 Regular Operating Expenses $ 401,012 Travel $ 247,660 Motor Vehicle Purchases $ 83,491 Equipment $ 163,148 Computer Charges $ 331,000 Real Estate Rentals $ 304,623 Telecommunications $ 115,752 Per Diem, Fees and Contracts $ 1,235,746 Total Funds Budgeted $ 9,164,322 State Funds Budgeted $ 7,705,982 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,676,686 $ 1,676,686 Transportation $ 3,089,978 $ 1,804,778 Utilities $ 4,397,658 $ 4,224,518 Total $ 9,164,322 $ 7,705,982 Section 33. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 759,277,630 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 785,554,722 Sponsored Operations $ 110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 208,331,929 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 $ 41,949,287 Total Funds Budgeted $ 1,285,860,460 Departmental Income $ 30,083,572 Sponsored Income $ 235,000,000 Other Funds $ 258,471,958 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 759,277,630 B. Budget Unit: Regents Central Office and Other Organized Activities $ 143,207,352 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 195,288,237 Sponsored Operations $ 66,536,986 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 87,673,169 Sponsored Operations $ 30,605,353 Fire Ant and Environmental Toxicology Research $ 270,780 Agricultural Research $ 2,048,179 Advanced Technology Development Center $ 1,504,606 Capitation Contracts for Family Practice Residency $ 2,677,250 Residency Capitation Grants $ 2,506,660 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 1,024,637 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 $ 405,483,953 Departmental Income $ 3,517,000 Sponsored Income $ 97,501,895 Other Funds $ 160,702,006 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 143,207,352 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 $ 111,771,413 $ 12,839,713 Education Extension Services $ 6,367,100 $ 2,260,088 Agricultural Experiment Station $ 50,236,113 $ 33,766,696 Cooperative Extension Service $ 48,512,267 $ 32,985,567 Eugene Talmadge Memorial Hospital $ 145,815,884 $ 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 $ 5,830,380 $ 5,830,380 Georgia Radiation Therapy Center $ 1,947,105 $ 0 Athens and Tifton Veterinary Laboratories $ 2,413,747 $ 62,464 Regents Central Office $ 20,325,364 $ 20,258,395 Total $ 405,483,953 $ 143,207,352 C. Budget Unit: Georgia Public Telecommunications Commission $ 7,211,443 Public Telecommunications Commission Budget: Personal Services $ 5,748,910 Operating Expenses $ 6,636,813 Total Funds Budgeted $ 12,385,723 Other Funds $ 5,174,280 State Funds Budgeted $ 7,211,443 Section 34. Department of Revenue . Budget Unit: Department of Revenue $ 70,517,548 Operations Budget: Personal Services $ 45,575,129 Regular Operating Expenses $ 3,939,168 Travel $ 1,344,000 Motor Vehicle Purchases $ 168,100 Equipment $ 1,307,412 Computer Charges $ 9,333,646 Real Estate Rentals $ 2,593,452 Telecommunications $ 728,100 Per Diem, Fees and Contracts $ 315,482 County Tax Officials/Retirement and FICA $ 2,354,000 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 2,150,000 Postage $ 3,124,059 Total Funds Budgeted $ 74,362,548 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 70,517,548 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 5,805,778 $ 5,805,778 Internal Administration $ 10,084,308 $ 9,884,308 Electronic Data Processing $ 4,723,120 $ 4,505,120 Field Services $ 16,462,646 $ 16,162,646 Income Tax Unit $ 7,865,492 $ 6,908,492 Motor Vehicle Unit $ 14,136,790 $ 12,504,790 Central Audit Unit $ 6,380,690 $ 6,380,690 Property Tax Unit $ 4,518,543 $ 4,437,543 Sales Tax Unit $ 4,385,181 $ 3,928,181 Total $ 74,362,548 $ 70,517,548 Section 35. Secretary of State . Budget Unit: Secretary of State $ 21,690,086 Personal Services $ 14,328,473 Regular Operating Expenses $ 2,570,784 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 $ 21,690,086 State Funds Budgeted $ 21,690,086 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,085,808 $ 3,085,808 Archives and Records $ 4,933,553 $ 4,933,553 Business Services and Regulation $ 4,186,667 $ 4,186,667 Elections and Campaign Disclosure $ 1,148,709 $ 1,148,709 Drugs and Narcotics $ 938,056 $ 938,056 State Ethics Commission $ 196,986 $ 196,986 Occupational Certification $ 7,200,307 $ 7,200,307 Total $ 21,690,086 $ 21,690,086 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 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 B. of Examiners of Licensed Dieticians $ 10,000 $ 18,144 B. of Professional Engineers and Land Surveyors $ 88,300 $ 391,463 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 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 B. of Examiners of Licensed Practical Nurses $ 55,500 $ 592,702 G.B. of Private Detective and Security Agencies $ 15,000 $ 315,722 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 $ 1,546,764 Real Estate Commission Budget: Personal Services $ 877,045 Regular Operating Expenses $ 139,235 Travel $ 12,000 Motor Vehicle Purchases $ 16,734 Equipment $ 10,330 Computer Charges $ 227,170 Real Estate Rentals $ 116,250 Telecommunications $ 47,000 Per Diem, Fees and Contracts $ 101,000 Total Funds Budgeted $ 1,546,764 State Funds Budgeted $ 1,546,764 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,546,764 $ 1,586,764 Page 108 Section 36. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,789,279 Soil and Water Conservation Budget: Personal Services $ 825,066 Regular Operating Expenses $ 119,206 Travel $ 55,000 Motor Vehicle Purchases $ 0 Equipment $ 11,516 Computer Charges $ 6,635 Real Estate Rentals $ 42,660 Telecommunications $ 17,500 Per Diem, Fees and Contracts $ 155,300 County Conservation Grants $ 556,396 Total Funds Budgeted $ 1,789,279 State Funds Budgeted $ 1,789,279 Section 37. Student Finance Commission . Budget Unit: Student Finance Commission $ 21,819,394 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 $ 14,588,227 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 $ 30,173,371 State Funds Budgeted $ 21,819,394 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 $ 24,929,847 $ 21,437,769 Total $ 30,173,371 $ 21,819,394 Section 38. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,537,500 Departmental Operations Budget: Personal Services $ 2,785,099 Regular Operating Expenses $ 286,917 Travel $ 26,000 Equipment $ 14,275 Computer Charges $ 1,017,619 Real Estate Rentals $ 309,375 Telecommunications $ 110,368 Per Diem, Fees and Contracts $ 336,000 Cost-of-Living Increases for Local Retirement System Members $ 2,700,000 Floor Fund for Local Retirement Systems $ 837,500 Post Retirement Benefit Increases for Retirees $ 0 Total Funds Budgeted $ 8,423,153 State Funds Budgeted $ 3,537,500 Section 39. Department of Technical and Adult Education . Budget Unit: Department of Technical and Adult Education $ 128,138,956 Department of Technical and Adult Education Budget: Personal Services $ 3,665,201 Regular Operating Expenses $ 327,613 Travel $ 117,000 Motor Vehicle Purchases $ 0 Equipment $ 44,400 Computer Charges $ 1,838,216 Real Estate Rentals $ 398,000 Telecommunications $ 56,185 Per Diem, Fees and Contracts $ 1,017,000 Personal Services-Institutions $ 76,414,987 Operating Expenses-Institutions $ 10,872,006 Capital Outlay $ 8,284,519 Quick Start Program $ 6,029,286 Area School Program $ 27,116,806 Regents Program $ 2,709,714 Adult Literacy Grants $ 7,008,143 Total Funds Budgeted $ 145,899,076 State Funds Budgeted $ 128,138,956 Institutions Functional Budgets Total Funds State Funds Administration $ 7,463,615 $ 6,334,024 Institutional Programs $ 138,435,461 $ 121,804,932 Total $ 145,899,076 $ 128,138,956 Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 656,474,194 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 218,651,528 Regular Operating Expenses $ 52,471,244 Travel $ 1,718,000 Motor Vehicle Purchases $ 1,020,000 Equipment $ 5,986,095 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 $ 990,133,219 State Funds Budgeted $ 656,474,194 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 553,325,560 $ 252,402,839 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 $ 20,828,610 $ 20,157,610 Paving at State Facilities $ 900,000 $ 900,000 $ 784,678,773 $ 471,348,334 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 $ 2,450,166 $ 1,180,166 Inter-Modal Transfer Facilities $ 15,022,114 $ 4,963,528 Harbor Maintenance Activities $ 1,263,500 $ 1,263,500 Planning and Construction $ 136,651,666 $ 136,651,666 Maintenance and Betterments $ 40,000,000 $ 40,000,000 Total $ 205,454,446 $ 185,125,860 Section 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 19,657,253 Departmental Operations Budget: Personal Services $ 4,692,023 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 $ 41,700 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 12,665,369 Operating Expense/Payments to Medical College of Georgia $ 5,721,230 Regular Operating Expenses for Projects and Insurance $ 271,000 Total Funds Budgeted $ 23,948,104 State Funds Budgeted $ 19,657,253 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,239,905 $ 5,012,097 Veterans Home and Nursing Facility - Milledgeville $ 12,877,969 $ 10,146,926 Veterans Nursing Home - Augusta $ 5,830,230 $ 4,498,230 Total $ 23,948,104 $ 19,657,253 Section 42. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 8,069,365 Operations Budget: Personal Services $ 6,489,795 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 Georgia Crime Victims Assistance Program $ 50,000 Total Funds Budgeted $ 8,144,365 State Funds Budgeted $ 8,069,365 Section 43. State of Georgia General Obligation Debt Sinking Fund . Budget Unit: State of Georgia General Obligation Debt Sinking Fund $ 353,931,706 General Obligation Debt Sinking Fund for issues prior to December 31, 1989 $ 306,431,706 General Obligation Debt Sinking Fund for proposed issues described in Section 75 $ 47,500,000 State Funds Budgeted $ 353,931,706 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 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. Page 115 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 JudicialEducation . The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 49. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, 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 12, Department of Agriculture . Page 118 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 each MH-MR-SA institution for fiscal year 1990 that was authorized in fiscal year 1987. Section 54. Provisions Relative to Section 24, Department of Insurance. Provided that the Department of Insurance is authorized to transfer other object class surpluses in a total amount not to exceed $250,000 to Computer Charges for a contract with the Department of Administrative Services or a private provider without approval of the Office of Planning and Budget or the Fiscal Affairs Subcommittees. Section 55. 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. Page 119 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%) of salaries for the first nine months of State Fiscal Year 1990, and shall not exceed seven percent (7%) of salaries for the final three months of such fiscal year. Section 56. 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. 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 Regional Development Commissions which employ Preservation Planners as of July, 1989. Section 57. Provisions Relative to Section 30, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds. Page 120 Section 58. 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 Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either 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 59. 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 60. 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 Technical and Adult Education. Section 61. Provisions Relative to Section 40, 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 Page 121 exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to 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 62 . 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; there is hereby appropriated $8,070,000 for the purpose of providing operating Page 122 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 the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 63 . 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 64 . 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 65 . 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 Page 123 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 66 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncomplaince with the stated intent of this Section. It is the intent of this General Assembly that unexpended appropriations to the Georgia General Obligation Debt Sinking Funds at June 30, 1990, be reserved for payment of General Obligation Debt in the succeeding State Fiscal Year. Section 67 . Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the Page 124 State Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 68 . 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 69 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 70 . 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 71 . 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. 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. Page 125 Section 72 . (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, as amended, 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 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 Page 126 amounts are properly amended in the administration of the annual operating budget. Section 73 . 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 74 . 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 75. 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, 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), $3,375,000 is specifically appropriated for the purpose of financing equipment, furnishings, repairs and renovations for teaching institutions Page 127 of the Department of Technical and Adult Education, 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $11,395,000 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 local school systems, through the issuance of not more than $45,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $29,355,000 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 $117,420,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,375,000 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 sewer systems, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt. Section 76. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1990..... $7,643,807,302 Page 128 Section 77 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 78 . All laws and parts of laws in conflict with this Act are repealed. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 16, 1990 PROVISION OF ADEQUATE FUNDS FOR EMPLOYMENT AND UNEMPLOYMENT PROGRAMS URGED. No. 46 (Senate Resolution No. 315). A RESOLUTION Urging the United States Congress and the United States Department of Labor to explore legislative and regulatory alternatives which will provide adequate administrative funds for employment and unemployment programs in Georgia; and for other purposes. WHEREAS, the administrative costs of Georgia's employment and unemployment programs are funded primarily from revenues derived from the Federal Unemployment Tax Act (FUTA); and Page 129 WHEREAS, these FUTA taxes are paid solely by private, for profit employers throughout the United States and are collected by the federal government and held in the FUTA trust fund in Washington, D.C., for the exclusive purpose of supporting the various administrative costs of these programs; and WHEREAS, Georgia's private employers in 1988 paid nearly $137 million in FUTA funds, yet Georgia received back barely 35 percent of this money to administer these programs; and WHEREAS, there is currently nearly $2 billion in surplus administrative dollars in the FUTA trust fund available to be appropriated back to the states for administrative purposes, but is being retained in the trust fund as an asset which can be used to offset other liabilities in the federal unified budget, thereby giving the appearance of a lower federal budget deficit; and WHEREAS, this failure to appropriate available FUTA administrative dollars has resulted in an untenable hardship for unemployed Georgians, creating long waiting lines to file for unemployment benefits, necessitating the closing of employment security offices throughout Georgia, reducing available services to Georgia employers, and significantly reducing the ability of Georgia to administer this program effectively while still maintaining an acceptable level of quality control; and WHEREAS, the State of Georgia has taken significant steps in the past to support the federal-state partnership originally envisioned when the employment and unemployment programs were established by authorizing bonds to rebuild or renovate employment offices throughout the state; combining separate unemployment and employment offices into single locations; appropriating, since 1987, $10 million annually in administrative funds to support these programs; and considering legislation in 1990 to create the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law for the purpose of streamlining and making as efficient as possible the administration of this program; and WHEREAS, recent reductions in the amount of administrative funds that will be made available in this fiscal year have again created a crisis in the unemployment program in Georgia. Page 130 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the United States Congress is urged to provide immediate short-term funding relief from the administrative funding crisis in the form of a federal supplemental appropriation in the amount of $103 million in this federal fiscal year for the unemployment insurance program. BE IT FURTHER RESOLVED that the United States Congress and the United States Department of Labor are urged to explore as expeditiously as possible methods of reforming the current funding mechanism by which administrative dollars are allocated to states to run the employment and unemployment programs. The Georgia General Assembly expresses its most urgent desire that these programs receive adequate funding from the available administrative dollars in the FUTA trust fund as quickly as possible. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to each member of the Congressional Delegation from the State of Georgia and to the United States Department of Labor. Approved February 16, 1990. Page 131 PUBLIC OFFICERS AND EMPLOYEESEXPENSES; COMMERCIAL DRIVERS' LICENSES. Code Sections 45-7-33 and 45-7-34 Amended. No. 721 (House Bill No. 1595). AN ACT To amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and employees, so as to allow state departments to reimburse employees for the payment of application fees for commercial drivers' licenses; to provide for the establishment of rules, regulations, and policies for reimbursement; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to the reimbursement of expenses for public officials and employees, is amended by adding new Code Section 45-7-33 and 45-7-34 to read as follows: 45-7-33. Notwithstanding any law, rule, or regulation to the contrary, a state department may reimburse an employee of state government for expenses incurred in filing an application for obtaining a commercial driver's license as such application fee is set forth in Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated. 45-7-34. The Office of Planning and Budget shall establish such rules, regulations, and policies as are necessary to administer such a program of reimbursement for all state employees. Page 132 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 21, 1990. INSURANCEEXCEPTION TO REQUIREMENT OF APPLICATION AND CONSENT OF INSURED. Code Section 33-24-6 Amended. No. 722 (Senate Bill No. 523). AN ACT To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with reference to personal insurance, so as to authorize certain privately owned corporations and trusts providing benefits to employees to effectuate insurance upon their employees without obtaining consent; 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 33-24-6 of the Official Code of Georgia Annotated, relating to the requirements of application and consent of the insured with respect to personal insurance, is amended in subsection (a) by striking the word or at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in lieu thereof the symbol and word ; or, and by adding following paragraph (4) a new paragraph (5) to read as follows: Page 133 (5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the corporation or the trustee cover at least 100 employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within 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 February 21, 1990. LOCAL GOVERNMENTDEMOLITION OF COUNTY COURTHOUSES; REFERENDUM. Code Section 36-9-2.1 Enacted. No. 725 (House Bill No. 1247). AN ACT To amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the proposed demolition of certain county courthouses must be submitted to the voters of the county for approval or rejection; to provide the form of the question to be submitted to the voters; to provide that such a referendum shall be held only in conjunction with a general primary or general election; to provide for the application of the provisions of Chapter 2 of Title 21, the Page 134 Georgia Election Code; 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 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended by adding immediately following Code Section 36-9-2, relating to the control and disposal of county property generally, a new Code section to be designated Code Section 36-9-2.1, to read as follows: 36-9-2.1. (a) Notwithstanding the provisions of Code Section 36-9-2, a county governing authority shall not have the authority to demolish or to provide for the demolition of a county courthouse which was constructed prior to January 1, 1905, and which is listed in the National Register of Historic Places unless the question of whether or not to demolish the courthouse is submitted to the qualified voters of the county for approval or rejection in a referendum called for such purpose. (b) The ballot in the referendum required by subsection (a) of this Code section shall have written or printed thereon the words: `() YES () NO Shall the demolition of the (Name of County) courthouse, as proposed by the governing authority of (Name of County), be approved?' (c) A referendum held pursuant to this Code section shall be conducted only in conjunction with a general primary or general election and shall be conducted in accordance with the provisions of Chapter 2 of Title 21, the `Georgia Election Code.' Page 135 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 23, 1990. PENAL INSTITUTIONSCONSTRUCTION; SANITATION AND HEALTH REQUIREMENTS. Code Sections 42-2-14 and 42-4-32 Amended. No. 728 (House Bill No. 1163). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change certain provisions relating to construction and regulation of penal institutions; to provide that certain provisions relating to acquisition of architectural and engineering services may be waived in connection with certain projects; to change certain provisions relating to compliance with sanitation and health requirements of the Department of Human Resources; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-14, relating to emergency measures in response to jail and prison overcrowding, and inserting in its place a new Code section to read as follows: 42-2-14. The Governor, upon certification by the commissioner of corrections and approval by the director of the Page 136 Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity of the prison 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. Following 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 Code Section 50-6-25 or Chapter 22 of Title 50, relating to control over acquisition of professional services, may be waived by the department to facilitate the rapid construction or procurement of facilities for inmates; provided, however, that the authority to waive provisions of Code Section 50-6-25 shall terminate as of July 1, 1991. 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 . Said title is further amended by striking subsection (a) of Code Section 42-4-32, relating to sanitation and health requirements for detention facilities, and inserting in its place a new subsection to read as follows: (a) All aspects of food preparation and food service shall conform to the applicable standards of the Department of Human Resources. Page 137 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 27, 1990. TOBACCOMAXIMUM CHARGES FOR HANDLING AND SELLING LEAF TOBACCO BY WAREHOUSEMEN. Code Section 10-4-106 Amended. No. 733 (House Bill No. 923). AN ACT To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by striking Code Section 10-4-106, relating to the maximum charges for handling and selling leaf tobacco, in its entirety and inserting in lieu thereof a new Code Section 10-4-106 to read as follows: 10-4-106. The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit: Page 138 (1) For auction fees, 15 on all piles or sheets of 100 pounds or less and 25 on all piles or sheets over 100 pounds; (2) For weighing and handling, 10 per pile or sheet for all piles or sheets of 100 pounds or less and 10 for each additional 100 pounds; (3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 2 percent of said gross sales. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved February 28, 1990. WEAPONSLICENSES TO CARRY PISTOLS OR REVOLVERS; FEES. Code Section 16-11-129 Amended. No. 734 (House Bill No. 1445). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, so as to change certain provisions relating to fees; 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 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, is amended by striking paragraph (2) of subsection (c) Page 139 thereof, and inserting in its place a new paragraph to read as follows: (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicant's fingerprints to the Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee in an amount established by the Georgia Bureau of Investigation but not to exceed $30.00 for a search of records of the Federal Bureau of Investigation and an appropriate report, payable in such form as the judge may direct, to cover the cost of the records search. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 2, 1990. INDIGENT CARE TRUST FUNDCREATED. Code Sections 31-8-150 through 31-8-159 Enacted. No. 738 (House Bill No. 1696). AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to provide for an Indigent Care Trust Fund; to provide for authority; to provide for credits to and investments of trust fund moneys; to authorize contributions to the trust fund and the conditions thereof; to provide that contributions will be valid public purposes; to authorize appropriations from the trust fund for certain purposes Page 140 ; to provide for the powers and duties of the Department of Medical Assistance regarding contributions to and use of moneys in the trust fund; to specify conditions for appropriations from the trust fund; to provide that certain moneys will be returned to the trust fund and will not lapse and provide for refunds; to provide for reports and applicability of certain laws; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding at the end thereof a new article to read as follows: ARTICLE 6 31-8-150. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(g) of the Constitution. 31-8-151. As used in this article, the term: (1) `Department' means the Department of Medical Assistance created by Code Section 49-4-142. (2) `Indigent' means a person who meets the statewide standards of indigency adopted by the department for the purposes of this article. (3) `Trust fund' means the Indigent Care Trust Fund created by Code Section 31-8-152. 31-8-152. There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury. Page 141 31-8-153. After June 30, 1990, any hospital, hospital authority, county, municipality, or other person or entity is authorized to contribute to the trust fund. The contribution of public funds to the trust fund shall be a valid public purpose for which those funds may be expended. Contributions to the trust fund shall be irrevocable and shall not include any limitation upon the use of such contributions. 31-8-154. All moneys contributed to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated for only the following purposes: (1) To expand Medicaid eligibility to persons or for services which would otherwise not be eligible for Medicaid coverage; (2) To provide for indigent care with programs for rural hospitals, disproportionate share hospitals, or both; (3) To provide for primary care health programs for indigent citizens of this state; or (4) Any combination of purposes specified in paragraphs (1) through (3) of this Code section. 31-8-155. (a) The department shall establish by rules those expansions of eligibility, indigent care programs, or both for which contributions to the trust fund may be made. Those rules shall be promulgated pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' notwithstanding any exclusion or exemption otherwise provided in that chapter. Those rules shall be approved by the Board of Medical Assistance no later than June 30 of each calendar year. (b) Contributions to the trust fund shall be made only after rules have been approved pursuant to subsection (a) of this Code section but not before July 1 or later than September 30 of each calendar year. (c) The department shall establish the manner of disbursement of any funds appropriated to it pursuant to this article. Page 142 31-8-156. (a) The General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year not less than all of the moneys contributed to the fund and interest earned thereon. Such appropriation shall be made only for those purposes specified in Code Section 31-8-154, and any other appropriation from the trust fund shall be void. (b) An appropriation pursuant to subsection (a) of this Code section shall specify each purpose, if any, as specified in paragraphs (1) through (4) of Code Section 31-8-154, for which the trust funds are appropriated thereby. (c) Funds appropriated to the department pursuant to this Code section may be used by the department to match federal funds which are available for the purposes for which those trust funds have been appropriated. (d) Appropriations from the trust fund to the department shall be used to supplement and not replace any other state funds appropriated to the department. 31-8-157. All contributions to the trust fund and interest earned thereon which have been appropriated but which: (1) Were void because of having been appropriated in violation of Code Section 31-8-156; (2) Remain unexpended and not contractually obligated at the end of the fiscal year for which they were appropriated; or (3) Are determined by the department to be ineligible for anticipated federal matching funds shall be returned to the trust fund and shall not lapse but shall be refunded pro rata to the contributors thereof. The Office of Planning and Budget shall determine the amount required to be refunded and the pro rata distribution thereof within 60 days following the end of each fiscal year or, when the department has made a determination pursuant to paragraph (3) of this Code section, within 60 days after that determination. The amount so determined shall be refunded by the director of the Page 143 Fiscal Division of the Department of Administrative Services within 60 days following that determination. 31-8-158. The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. 31-8-159. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 6, 1990. ELECTIONSVOTER REGISTRATION; ABSENTEE BALLOTS; REGISTRARS. Code Title 21 Amended. No. 744 (House Bill No. 1172). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to the elections, so as to provide that the president of every public or private college or university, or his designee, shall be a county deputy registrar or a municipal deputy registrar; to provide for powers and duties; to provide for the form of registration cards in any county in which all municipalities located in such county use the county registration system; to provide that certain identification cards or certain certificates may be used as proper identification for the purpose of registering as an elector or a Page 144 municipal elector; to change certain provisions relating to the making of application for and mailing or delivering of absentee ballots and municipal absentee ballots; to change certain provisions relating to the preparation and delivery of absentee ballots and municipal absentee ballots; to change certain provisions relating to the procedures for voting by absentee ballot or municipal absentee ballot; to authorize registrars to open the outer envelope of official absentee ballots prior to the closing of the polls; to provide for limitations; to authorize absentee ballot clerks to open the outer envelope of official municipal absentee ballots prior to the closing of the polls; to provide for limitations; to change certain provisions relating to rejection of municipal absentee ballots; to change certain provisions relating to the preparation of the numbered list of certified absentee electors and the numbered list of rejected absentee electors and preparation of the numbered list of certified municipal absentee electors and the numbered list of rejected municipal absentee electors; to prohibit the use of certain lists of electors or lists of municipal electors for commercial purposes; to provide for criminal penalties; to change certain provisions regarding absence during the time of a primary or election in which such elector desires to vote; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in its place a new subsection (c) to read as follows: (c) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational Page 145 schools which are attended by students who reside outside of the county in which the school, college, or university is located, the principal or assistant principal of such high school, the president of such college or university or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective county of residence. Such principals, assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal, president or designee, or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school, the president of any public or private college or university or his designee, or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection. Section 1A . Said title is further amended by striking subsection (c) of Code Section 21-2-217, relating to the form of registration cards, and inserting in its place a new subsection (c) to read as follows: (c) (1) In any county in which one or more municipalities located in such county do not use the county registration system, the registration cards provided for in subsections (a) and (b) of this Code section shall consist of two identical parts connected in such a manner so that completion of the first part shall result in the duplication of all information on the second part. Such registration cards shall be so constructed that the two parts may be separated. (2) In any county in which all municipalities located in such county use the county registration system, the registration Page 146 cards provided for in subsections (a) and (b) of this Code section may consist of one part. Section 2 . Said title is further amended by striking Code Section 21-2-221, relating to application to a registration officer for voter registration, and inserting in its place a new Code Section 21-2-221 to read as follows: 21-2-221. Any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, identification card issued by the Department of Public Safety pursuant to Article 5 of Chapter 5 of Title 40, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, certified copy of marriage license, naturalized citizen certificate of citizenship, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 3 . Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-381, relating to the making of application for an absentee ballot, and inserting in their place, new subsections (a) and (b), respectively, to read as follows: (a) (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 Page 147 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 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 mailing of the absentee ballot 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 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 mailing 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. Page 148 (2) A properly executed registration card submitted under the provisions of subparagraph (b)(2)(A) of Code Section 21-2-217, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's office or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his ineligibility, a copy of which notification should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the identity of the elector from information given on the application, he should promptly write to request additional information. In the case of an unregistered applicant who is eligible for absentee registration, the board shall immediately mail a blank registration card as provided by Code Section 21-2-230, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast therein if returned to the board not later than the close of the polls on the day of the primary or election concerned. Section 4 . Said title is further amended by striking subsection (a) of Code Section 21-2-384, relating to the preparation and delivery of absentee ballots, and inserting in its place a new subsection (a) to read as follows: Page 149 (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, mail or issue official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall mail or issue 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 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 voted in the registrars' office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record 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 5 . Said title is further amended by striking subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, and inserting in its place a new subsection (c) to read as follows: (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be issued 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 return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations Page 150 to the elector to ensure the privacy of the elector while voting his absentee ballot. Section 6 . Said title is further amended by striking subsection (a) of Code Section 21-2-386, relating to absentee ballots received from electors, and inserting in its place a new subsection (a) to read as follows: (a) (1) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall Page 151 then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or election, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked `Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be present before commencing. Section 7 . Said title is further amended by adding a new Code section prohibiting the use of the list of electors for commercial purposes immediately following Code Section 21-2-599, to be designated Code Section 21-2-600, to read as follows: 21-2-600. Any person who intentionally uses the list of electors provided for in Code Section 21-2-234 for commercial purposes shall be guilty of a misdemeanor. Section 7A . Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 21-3-120, relating to the appointment of municipal deputy registrars, and inserting in its place a new paragraph (1) to read as follows: (1) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, or his designee, and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or the president's college or university or who are employed by the private high school or by the school system or by the college or university. Notwithstanding any other provision of law, in high schools, colleges or universities, or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school, college, or university is located or who reside in a municipality which lies outside of the county in which the school, college, or university is located, the principal or assistant Page 152 principal of such high school, the president of such college or university, or his designee, and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school, college, or university on behalf of such student's respective municipality of residence. Such principals, assistant principals, presidents or designees, and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, or his designee, and the director of each area vocational school are authorized to invite a deputy registrar to the school, college, or university to register as electors those persons whom the principal or director or president or his designee would be authorized to register under this paragraph. Section 8 . Said title is further amended by striking subsection (e) of Code Section 21-3-125, relating to qualification of municipal voters, and inserting in its place a new subsection (e) to read as follows: (e) In a municipality maintaining its own registration list, any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, identification card issued by the Department of Public Safety pursuant to Article 5 of Chapter 5 of Title 40, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, certified copy of marriage license, naturalized citizen certificate of citizenship, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his Page 153 name, the officer shall sign it for him, the applicant making his mark thereto. Section 9 . Said title is further amended by striking paragraph (1) of Code Section 21-3-280, relating to the definition of a municipal absentee elector, and inserting in its place a new paragraph (1) to read as follows: (1) Is required to be absent from his precinct during the time of the primary or election in which he desires to vote; . Section 10 . Said title is further amended by striking subsections (b) and (c) of Code Section 21-3-283, relating to the making of application for a municipal absentee ballot, and inserting in their place new subsections (b) and (c), respectively, to read as follows: (b) One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot 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, 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 mailing of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct application for an absentee ballot shall be required for any special election or special primary. (c) Upon receipt of a timely application, the absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall certify by signing in the proper place on the application and either mail the ballot, as provided in Code Section 21-3-284, issue the ballot to the elector to be voted within the confines of the absentee ballot clerk's office, or deliver the ballot in person to the elector if he is confined to a hospital. If found ineligible, Page 154 the clerk shall deny the application by writing the reason for the rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his ineligibility, a copy of which should be retained on file in the office of the absentee ballot clerk. If the absentee ballot clerk is unable to determine the identity of the elector from information given on the application, he should promptly write to request additional information. Section 11 . Said title is further amended by striking subsection (b) of Code Section 21-3-284, relating to the preparation and delivery of municipal absentee ballots, and inserting in its place a new subsection (b) to read as follows: (b) The superintendent shall, as soon as practicable prior to each primary or election, prepare or obtain and deliver to the absentee ballot clerk an adequate supply of official absentee ballots, envelopes, and other supplies, as required by this article, for use in the primary or election. The absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within two days after the receipt of such supplies; and as additional applicants are determined to be eligible, the clerk shall mail or issue 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 miles from the main office of the absentee ballot clerk; and, provided, further, that no absentee ballot shall be mailed by the clerk on the day prior to a primary or election. The date a ballot is voted in the absentee ballot clerk's office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. The absentee ballot clerk 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 absentee ballot clerk is not received by the applicant, the applicant may notify the absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The absentee ballot clerk shall then issue a second absentee ballot to said 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. Page 155 Section 12 . Said title is further amended by striking subsection (c) of Code Section 21-3-285, relating to procedure for voting by municipal absentee ballot, and inserting in its place a new subsection (c) to read as follows: (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be issued 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 return 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 13 . Said title is further amended by striking subsection (a) of Code Section 21-3-286, relating to absentee ballots received from municipal electors, and inserting in its place a new subsection (a) to read as follows: (a) (1) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his precinct. If the elector has failed to sign the oath, or if his signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope `Rejected,' giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving Page 156 the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or election, the absentee ballot clerk shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked `Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be present before commencing. Section 14 . Said title is further amended by adding a new Code section prohibiting the use of the list of municipal electors for commercial purposes immediately following Code Section 21-3-479, to be designated Code Section 21-3-480, to read as follows: 21-3-480. Any person who intentionally uses the list of electors provided for in Code Section 21-3-135 for commercial purposes shall be guilty of a misdemeanor. Section 14A . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 157 Section 15 . All laws and parts of laws in conflict with this Act are repealed. Approved March 6, 1990. STATE GOVERNMENTOFFICIAL STATE HISTORIC DRAMA. Code Section 50-3-64 Enacted. No. 745 (House Bill No. 1470). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate The Reach of Song as the official state historic drama; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. WHEREAS, tourism and commercial recreation constitute the second largest industry in Georgia's economy; and WHEREAS, the State of Georgia has recognized the importance of this industry to the economic and cultural well-being of its people, having recently changed the name of its Department of Industry and Trade to the Department of Industry, Trade, and Tourism; and WHEREAS, many groups in the state are working to improve the quality and quantity of recreational experiences for Georgia residents and for out-of-state tourists as well; and WHEREAS, one of the identified weaknesses of the present structure of tourist attractions is that the state lacks a diversity of entertainment that would induce tourists to stay overnight rather than simply make a day trip; and Page 158 WHEREAS, Georgians would like to see their recreational experiences as having a ring of quality that would command the respect and visitorship of those from the state, the nation, and the world; and WHEREAS, a drama has been written using the works of Guggenheim award-winning author Byron Herbert Reece of Union County, Georgia; and WHEREAS, this drama premiered during the summer of 1989 and attracted visitors from 29 states during its six-week run in the Georgia mountains; and WHEREAS, this drama was entitled The Reach of Song from a line in one of Reece's poems; and WHEREAS, this drama has been critically acclaimed by learned drama critics and by many citizens of the state as having the qualities that would not only bring increased tourism to the state but would also exemplify the kind of quality that the state would like to have as a continuing theme in its tourism attractions. 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 state symbols, is amended by adding at the end thereof a new Code Section 50-3-64 to read as follows: 50-3-64. (a) The drama, `The Reach of Song,' is designated as the official historic drama of the State of Georgia. (b) The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the historic drama and to visit the State of Georgia for tourism purposes. Page 159 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 7, 1990. MOTOR VEHICLES AND TRAFFICLICENSE PLATES; QUARTERLY INSTALLMENT PURCHASE; SHERIFFS. Code Sections 40-2-30 and 40-2-62 Amended. No. 746 (House Bill No. 1798). 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 authorize the quarterly installment purchase of license plates where the tag fee exceeds $40.00; to provide that a sheriff may choose to use his sheriff's distinctive license plate on his law enforcement or sheriff's vehicle; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new paragraph (4) of subsection (a) of Code Section 40-2-30, relating to issuance of license plates, to read as follows: (4) When the fee prescribed for a license plate or revalidation decal exceeds $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate or revalidation decal if the application is accompanied by not less than 25 percent of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the commissioner, or, in lieu Page 160 thereof, if the owner of such vehicle has a corporate net worth in excess of $1 million as evidenced by a financial statement prepared by a certified public accountant, an irrevocable letter of credit from a financial institution, approved and accepted by the commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of such balance in three equal installments on or before the first day of July, September, and December, respectively, of the calendar year in which the license plate or revalidation decal is applied for. This paragraph shall be applicable only to license plates and revalidation decals purchased in calendar year 1990 and shall expire and be repealed in its entirety December 31, 1990. Section 2 . Said chapter is further amended by striking Code Section 40-2-62, relating to special license plates for sheriffs, in its entirety and inserting in lieu thereof a new Code Section 40-2-62 to read as follows: 40-2-62. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle, however a sheriff may choose to use his sheriff's distinctive license plate on his law enforcement vehicle or sheriff's vehicle. Section 3 . Section 1 of this Act shall become effective upon the Governor's approval or upon it becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 7, 1990. Page 161 DEPARTMENT OF MEDICAL ASSISTANCEINTEREST ON ORDERS AND JUDGMENTS. Code Section 49-4-147.2 Enacted. No. 748 (House Bill No. 1541). 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 a definition; to limit the Department of Medical Assistance's ability to obtain interest and its liability for interest; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 49-4-147.1 a new Code section to read as follows: 49-4-147.2. (a) Notwithstanding the provisions of Code Section 49-4-141, as used in this Code section the term `department' means the Department of Medical Assistance or its officers, agents, or employees solely in their capacity as such officers, agents, or employees. (b) Notwithstanding the provisions of Code Section 7-4-12, 7-4-15, 7-4-16, or 13-6-13, or any other statute or judicial construction thereof authorizing interest, the department shall not be eligible to obtain nor be liable for interest on orders, judgments, liquidated amounts, or unliquidated amounts unless such interest is: (1) Required by federal law or regulations; or (2) Interest on penalties as required by Code Section 49-4-146.1. Page 162 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 8, 1990. COURTSCOUNCIL OF SUPERIOR COURT CLERKS; CREATION. Code Section 15-6-50.2 Enacted. No. 750 (House Bill No. 1220). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to create The Council of Superior Court Clerks of Georgia; to provide for the composition of the council; to provide for the purpose, powers, duties, funds, organization, and administration of the council; to provide for the payment of administrative expenses; to provide for personnel; to provide that membership in the council shall not be a cause for ineligibility to hold the office of clerk of a superior court; 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 the superior courts, is amended by adding, following Code Section 15-6-50.1, a new Code Section 15-6-50.2, to read as follows: 15-6-50.2. (a) There is created a superior court clerks' council to be known as `The Council of Superior Court Clerks Page 163 of Georgia.' The council shall be composed of the clerks of the superior courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. (b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the superior courts and the administration of justice, to assist the superior court clerks throughout the state in the execution of their duties, and to promote and assist in the training of superior court clerks. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. (d) The Council of Superior Court Clerks of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties. (e) Notwithstanding any other law, a member of the council shall not be ineligible to hold the office of clerk of a superior court by virtue of his or her position as a member of the council or its executive committee. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 13, 1990. Page 164 COMMERCE AND TRADERESERVATION OF RIGHTS TO FINE ART BY THE ARTIST. Code Section 10-1-510 Enacted. No. 751 (Senate Bill No. 457). 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 definitions; to provide for reservation and transfer of rights of reproduction of works of fine art; to provide for rights of ownership of works of fine art and transfer thereof; to provide for reservation of certain rights in works of fine art; to require certain affidavits prior to making reproductions of works of fine art; to provide for legislative intent; to provide for penalties; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Article 17 thereof, which reads as follows: ARTICLE 17 RESERVED, and inserting in its place a new article to read as follows: ARTICLE 17 10-1-510. (a) As used in this Code section, the term: (1) `Artist' means the creator of a work of fine art. (2) `Customer' means a person who contracts to have a printer duplicate a work of fine art. (3) `Duplicate' means to print, copy, or otherwise reproduce. Page 165 (4) `Fine art' means a painting, sculpture, drawing, photograph, craft work, fiber art, or work of graphic art. (5) `Fine print' includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph but does not include industrial designs. (6) `Industrial design' means the aesthetic appearance of an article used in commerce. (7) `Printer' means a person who contracts to duplicate a work of fine art for a customer. (8) `Work of fine art' means any work of visual or graphic art of any media, including, but not limited to, fine art, fine print, or film. (b) Whenever a work of fine art is sold or otherwise transferred by or on behalf of the artist who created it, or the heirs or personal representatives thereof, the right of reproduction thereof is reserved to the grantor until the right passes into the public domain pursuant to federal copyright laws unless the right is sooner expressly transferred by an instrument, note, or memorandum in writing signed by the owner of the rights conveyed or the duly authorized agent thereof. Nothing contained in this Code section is intended to prohibit the fair use, as defined in the federal copyright law (17 U.S.C. Section 107), of such work of fine art. (c) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, or display publicly a work of fine art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of fine art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum, or other writing signed by the artist, the owner, or the duly authorized agent thereof. (d) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, or publicly display a work of fine art is made Page 166 by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner unless in any given case the federal copyright law (17 U.S.C. Section 1 et. seq.) provides the contrary. (e) No printer shall enter into any agreement with any customer to duplicate a work of fine art when that customer's aggregate paid and unpaid obligations to that printer for all such prior or current duplications of that work of fine art exceed $1,000.00 unless the printer obtains, at the time such aggregate obligation first exceeds $1,000.00, an affidavit from the customer attesting that the affiant has legal rights authorizing such duplication or that those rights have passed into the public domain pursuant to federal copyright laws. (f) This Code section applies to sales, transfers, and conveyances made on or after July 1, 1990, and applies to agreements to duplicate a work of fine art made on or after July 1, 1990. (g) Any person who violates subsection (e) of this Code section shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 13, 1990. Page 167 EVIDENCEQUALIFIED PRIVILEGE FOR PERSONS ENGAGED IN NEWS GATHERING AND DISSEMINATION. Code Section 24-9-30 Enacted. No. 753 (Senate Bill No. 636). AN ACT To amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, so as to provide a qualified privilege for persons, companies, or other entities engaged in news gathering and dissemination; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to evidentiary privileges in general, is amended by adding at the end thereof a new Code Section 24-9-30 to read as follows: 24-9-30. Any person, company, or other entity engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought: (1) Is material and relevant; (2) Cannot be reasonably obtained by alternative means; and (3) Is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item. Page 168 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 13, 1990. GEORGIA COORDINATE SYSTEMEXPRESSION OF DISTANCE IN EITHER METERS OR FEET. Code Section 44-4-22 Amended. No. 754 (House Bill No. 1249). AN ACT To amend Article 2 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to determination of boundaries and the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, thus forming a base system for controlling and describing the location of surveying and mapping points, so as to provide that distances may be expressed in either meters and decimals of a meter or, following conversion as provided in Code Section 44-4-28, in American Survey feet and decimals of a foot when using the Georgia Coordinate System of 1985; 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 44 of the Official Code of Georgia Annotated, relating to determination of boundaries and the coordinate system for defining, designating, and stating with coordinates the geographic positions or locations of points on the surface of the earth within the State of Georgia, thus forming Page 169 a base system for controlling and describing the location of surveying and mapping points, is amended by striking in its entirety Code Section 44-4-22, relating to alternative plane coordinates for expressing location of a point for Georgia Coordinate System and Georgia Coordinate System of 1985, and substituting in lieu thereof a new Code Section 44-4-22 to read as follows: 44-4-22. The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this sytem, shall consist of two distances expressed in U. S. Survey feet and decimals of a foot when using the Georgia Coordinate System and expressed in either meters and decimals of a meter or, following conversion as provided in Code Section 44-4-28, in American Survey feet and decimals of a foot when using the Georgia Coordinate System of 1985. One of these distances, to be known as the `x-coordinate, shall give the position in an east-and-west direction; the other, to be known as the `y-coordinate,' shall give the position in a north-and-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey, formerly the United States Coast and Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this article. Any such control monument may be used for establishing a survey connection to either Georgia Coordinate System. 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 13, 1990. Page 170 SOUTHERN NATURAL GAS COMPANY, PLANTATION PIPELINE COMPANY, AND THE CITY OF SUMMERVILLEEASEMENTS ACROSS STATE PROPERTY IN FLOYD COUNTY. No. 47 (Senate Resolution No. 427). A RESOLUTION Granting nonexclusive easements for construction, operation, and maintenance of natural gas transmission and distribution pipelines in, on, under, over, upon, across, and through property owned by the State of Georgia in Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 210 and 211, 23rd Land District of Floyd County, Georgia; and WHEREAS, the Georgia Department of Transportation is constructing the East Rome Bypass, and a portion of said bypass crosses state property which is in the custody of the Department of Defense; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville currently have easements over state property and construction of said East Rome Bypass will necessitate the relocation of easement areas for Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville; and WHEREAS, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville desire to cooperate with the State of Georgia and the Georgia Department of Transportation and are willing to relocate their easement areas to accommodate the construction of the East Rome Bypass; and WHEREAS, the Georgia Department of Defense has requested that these easements, with the same rights and privileges in favor of Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, be relocated to accommodate the construction of the East Rome Bypass. Page 171 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 Natural Gas Company, Plantation Pipeline Company, and the City of Summerville easements with the same rights and privileges as those being extinguished by the construction of the East Rome Bypass. Said easement areas are located in Land Lots 210 and 211 of the 23rd Land District, Floyd County, Georgia, and are particularly described on Department of Transportation drawings dated October 31, 1989, on file in the office of the State Properties Commission, and to be more particularly described on a plat of survey to be presented to and approved by the State Properties Commission. Section 3 . That Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville 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. Section 4 . That, upon abandonment, Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville and 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 facilities shall become the property of the State of Georgia and its successors and assigns. Section 5 . That no title shall be conveyed to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, and, except as herein specifically granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville, 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 Natural Gas Company, Plantation Pipeline Company, and the City of Summerville. Page 172 Section 6 . That the easements granted to Southern Natural Gas Company, Plantation Pipeline Company, and the City of Summerville 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 areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted. Section 7 . That the consideration for each such easement shall be the mutual benefit to the parties. Section 8 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement areas. Section 9 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 13, 1990. MUNICIPALITIES OF 300,000 OR MORETRAFFIC COURTS; CITY JAIL FUND; PENALTIES. No. 789 (Senate Bill No. 363). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, so as to provide funds for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities; to Page 173 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 for failure of certain officers to perform certain duties; to provide for a city jail fund; to provide for other matters relative to the foregoing; to provide for 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 . An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is amended by adding between Sections 28 and 29 a new Section 28A to read as follows: Section 28A. (a) (1) In every case in which such courts 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. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in paragraph (1) of subsection (a) of Section 28 of this Act. (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 such courts 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 subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition Page 174 to any sums provided for in paragraph (2) of subsection (a) of Section 28 of this Act. (b) Such sums required by subsection (a) of this section and Section 28 of this Act shall be in addition to that amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers' Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Georgia. (c) The sums provided for in subsection (a) of this section 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 city 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 `city jail fund.' (d) Any person whose duty it is to collect and remit the sums provided for in this Act who fails or refuses to remit such sums by the date required by this Act shall be guilty of a misdemeanor. (e) Moneys collected pursuant to this section and placed in the city jail fund shall be expended by the governing authority of the city solely and exclusively for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities or for the purpose of contracting for such facilities with other cities, counties, the state, or other political subdivisions. The city jail fund and moneys collected pursuant to this Act to be placed in the city jail fund may be pledged as security for the payment of bonds issued for the construction of city jails, city correctional institutions, and city detention facilities. This section shall not preclude the appropriation or expenditure of other funds by the governing authority of any city or by the General Assembly for the purpose of constructing, operating, or staffing city jails, city correctional institutions, and city detention facilities. Section 2 . This Act is enacted pursuant to an amendment to Article VI, Section I of the Constitution of 1945 authorizing Page 175 the creation of a new court or system of courts in and for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 14, 1967 (Ga. L. 1967, p. 963), ratified at the 1968 general election and continued as part of the 1982 Constitution pursuant to an Act approved March 26, 1986 (Ga. L. 1986, p. 4820). Section 3 . This Act shall become effective on January 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1990. HOLIDAYS AND OBSERVANCESCHILDREN'S DAY. Code Section 1-4-8 Enacted. No. 888 (Senate Bill No. 488). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for the observance of Children's Day in Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Mother's Day is observed annually on the second Sunday in May and Father's Day is observed annually on the third Sunday in June; and WHEREAS, these observances appropriately recognize and honor parenthood in our country; and WHEREAS, it is equally appropriate to recognize and honor our children to let them know that they are loved and appreciated by our citizens. Page 176 NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding at the end thereof a new Code Section 1-4-8 to read as follows: 1-4-8. The first Sunday in October of each year, beginning in 1990, is declared to be `Children's Day' in Georgia. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1990. SMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONSCAPITAL; DIRECTORS; MEMBERS. Code Sections 7-1-941, 7-1-942, 7-1-943, and 7-1-951 Amended. No. 889 (House Bill No. 1610). AN ACT To amend Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, so as to provide that the minimum amount of capital with which a corporation shall commence business shall not be less than $50,000.00; to remove the language requiring that at least 20 lending institutions shall have agreed to become members of the corporation; to provide that at the annual meeting the members of the corporation shall elect one-fifth of the board of directors; to provide for related matters; to repeal conflicting laws; and for other purposes. Page 177 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 12 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to small minority business development corporations, is amended by striking paragraph (6) of subsection (a) of Code Section 7-1-941, relating to creation of corporations and contents of articles of incorporation, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) The amount and number of authorized shares, the par value of each share, and the minimum amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes. The minimum amount of capital with which the corporation shall commence business shall not be less than $50,000.00. Section 2 . Said article is further amended by striking Code Section 7-1-942, relating to approval of articles by the department, in its entirety and inserting in lieu thereof a new Code Section 7-1-942 to read as follows: 7-1-942. 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, said entity 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 3 . Said article is further amended by striking subsection (a) of Code Section 7-1-943, relating to approval of an application by the department, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Upon receipt of an application for approval of articles from a corporation organized pursuant to this article, the department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction: Page 178 (1) That the public need and advantage will be promoted by the establishment of the corporation; (2) That conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation; (3) That the applicants may legally invest in the stock of the corporation and that such investment would not be to the detriment of the applicants; and (4) That the proposed officers and directors have sufficient experience, ability, and standing to afford reasonable promise of a successful operation. Section 4 . Said article is further amended by striking Code Section 7-1-951, relating to the board of directors and officers and agents, in its entirety and inserting in lieu thereof a new Code Section 7-1-951 to read as follows: 7-1-951. The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice-president, a secretary, a treasurer, and such other officers and such agents as the corporation shall authorize by its bylaws. The board of directors shall consist of such number, not less than nine nor more than 15, as shall be determined in the first instance by the incorporators and thereafter annually by the members and the shareholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the bylaws of the corporation upon the shareholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which shall be filled as provided in this Code section. The annual meeting shall be held prior to May 1 or, if no annual meeting shall be held in the year of incorporation, then within 90 days after the approval of the articles at a special meeting as provided in this Code section. At such annual meeting or at each special meeting held as provided in this Code section, the members of the corporation shall elect one-fifth of the board of directors and the shareholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the Page 179 annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the bylaws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the shareholders shall be filled by the directors elected by the shareholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. Directors shall serve without compensation. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1990. EMERGENCY TELEPHONE NUMBER 911 SERVICECHARGES; FUNDS; LIABILITY. Code Title 46, Chapter 5, Article 2 Amended. No. 890 (House Bill No. 1422). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, so as to authorize the governing authority of any local government which operates or which contracts for the operation of an emergency 911 system to impose a monthly 911 charge upon each exchange access facility subscribed to by telephone subscribers under certain circumstances and conditions; to change the definition of certain terms; to define additional terms; to change the provisions relating to exemptions from liability in the operation of a 911 system; to provide for a limitation on indemnification by local governments; to repeal certain provisions relating to the authorization for requiring a telephone company to divide maintenance fees for 911 systems among subscribers; to provide for the payment and collection of 911 charges; to provide Page 180 for billing and collection procedures; to exclude certain governmental entities from the payment of such charges; to provide for limitations on 911 charges and procedures in connection therewith; to provide liability for 911 charges and reasonable costs and attorneys' fees expended to collect 911 charges; to provide that the local government contracting for the operation of an emergency 911 system shall remain ultimately responsible to the service supplier for all emergency 911 system installation, service, equipment, operation, and maintenance charges owed to the service supplier; to provide an exemption from certain taxes; to authorize the service supplier to retain administrative fees in connection with the collection of 911 charges; to provide for the establishment of an Emergency Telephone System Fund by local governments which have emergency 911 systems; to provide for the use and investment of moneys in such fund; to provide certain restrictions on the use of moneys in such fund; to require service suppliers to maintain certain records; to authorize annual audits of service suppliers with respect to the collection and remittance of 911 charges; to provide for additional funding to implement and maintain an emergency 911 system; to provide certain immunity from liability in connection with the establishment and operation of an emergency 911 system; to provide exceptions; to authorize the governing authority of a local government to create an advisory board with respect to an emergency 911 system; to provide for the powers, duties, and compensation of such advisory boards; to provide for applicability with respect to the powers of the Public Service Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 2 of Chapter 5 of Title 46, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, is amended by striking in its entirety Code Section 46-5-122, relating to definitions, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows: 46-5-122. As used in this part, the term: (1) `Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area Page 181 necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the `911' data base and facilitates quicker response by public safety agencies. (2) `Division' means the Telecommunications Division of the Department of Administrative Services. (3) `Emergency 911 system' means a local telephone exchange service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number `911' and under which calls to `911' are answered by public safety answering points established and operated by the local government subscribing to the `911' service. The term `emergency 911 system' also includes `enhanced 911 service,' which means an emergency telephone system that provides the caller with emergency `911' system service and, in addition, directs `911' calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features. (4) `Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines. (5) `Local government' means any city, county, or political subdivision of Georgia and its agencies. (6) ` 911 charge' means a contribution to the local government for the `911' service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, Page 182 and network charges of a service supplier providing `911' service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said `911' system at the public safety answering points. (7) `Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services. (8) `Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. (9) `Service supplier' means a person or entity who provides local exchange telephone service to a telephone subscriber. (10) `Telephone subscriber' means a person or entity to whom local exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. Section 2 . Said part is further amended by striking in its entirety Code Section 46-5-131, relating to exemptions from liability in the operation of a 911 emergency telephone system, and inserting in lieu thereof a new Code Section 46-5-131 to read as follows: 46-5-131. (a) Whether participating in a state-wide emergency `911' system or an emergency `911' system serving one or more local governments, neither the state nor any local government of the state nor any emergency `911' system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be Page 183 liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the `911' emergency telephone system or in the identification of the telephone number, address, or name associated with any person accessing an emergency `911' system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency `911' system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations. Section 3 . Said part is further amended by striking in its entirety Code Section 46-5-133, relating to the authorization for requiring the telephone company to divide the maintenance fee for the 911 system among subscribers, which reads as follows: 46-5-133. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number `911' system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number `911' system and bill such subscribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government. (b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company providing an enhanced emergency telephone number `911' system to the local government to impose and collect the maintenance fee from telephone subscribers within the area served by such system. The imposition and collection of such Page 184 fee shall be a condition of doing business in the area served by such system. (c) The maintenance fee collected for the provision of an enhanced emergency telephone number `911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number `911' system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose. (d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs. (e) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) implementation of this Code section by such political subdivision is expressly authorized by a local Act of the General Assembly; or (B) a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a telephone company for the purchase or operation or both of an enhanced emergency telephone number `911' system. (f) The provisions of this Code section shall not apply in any case in which a telephone company notifies the governing authority of a local government that, in view of the existing telephone equipment of the company, the installation of an enhanced emergency telephone number `911' system is not technologically feasible., and inserting in lieu thereof the following: Page 185 46-5-133. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency `911' system is authorized to adopt a resolution to impose a monthly `911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the `911' service. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the `911' charge as provided in the resolution shall become effective, but such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The `911' charge must be uniform and may not vary according to the type of exchange access facility used. (b) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question on the ballot shall be as prescribed by the election superintendent; or (B) After a public hearing held upon not less than ten days' public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a service supplier for the purchase or operation, or both, of a `911' system. Section 4 . Said part is further amended by adding at the end thereof a new Code Section 46-5-134 to read as follows: Page 186 46-5-134. (a) The subscriber of an exchange access facility may be billed for the monthly `911' charges, if any, imposed with respect to that facility by the service supplier. Such `911' charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the `911' charge. Each service supplier shall, on behalf of the local government, collect the `911' charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency `911' system. As part of its normal monthly billing process, the service supplier shall collect the `911' charge for each month an exchange access facility is in service, and it shall list the `911' charge as a separate entry on each bill. If a service supplier receives a partial payment for a monthly bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first. (b) Every telephone subscriber in the are served by the emergency `911' system shall be liable for the `911' charge imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the `911' charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the `911' charge after such `911' charge has become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the `911' charge. (c) The local government contracting for the operation of an emergency `911' system shall remain ultimately responsible to the service supplier for all emergency `911' system installation, service, equipment, operation, and maintenance charges owed to the service supplier. Any taxes due on emergency `911' system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the `911' charge billed to telephone subscribers under this Code section. Page 187 (d) (1) Each service supplier that collects `911' charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent of the gross `911' charge receipts to be remitted to the local government. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. The `911' charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund. (2) The governing authority of a local government operating or contracting for the operation of an emergency `911' system shall, by resolution, reaffirm the necessity for the `911' charge beginning with the thirteenth month following the month in which emergency `911' system service is first provided in the political subdivision and during such month annually thereafter. (3) Such monthly `911' charge may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly `911' charge at any time the projected revenues from `911' charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the `911' charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. Page 188 (e) Money from the Emergency Telephone System Fund shall be used only to pay for: (1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and date base provisioning; addressing; and nonrecurring costs of establishing a `911' system; (2) The rates associated with the service supplier's `911' service and other service supplier's recurring charges; (3) The actual cost of salaries of employees hired by the local government solely for the operation and maintenance of the emergency `911' system; (4) Office supplies of the public safety answering points used directly in providing emergency `911' system services; and (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency `911' system building until the local government has completed its street addressing plan. (g) The local government may contract with a service supplier for any term negotiated by the service supplier and the local government for an emergency `911' system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract. (h) The service supplier shall maintain records of the amount of the `911' charge collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance of the `911' charge. (i) In order to provide additional funding for the local government for emergency `911' system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. Page 189 Section 5 . Said part is further amended by adding following Code Section 46-5-134 a new Code Section 46-5-135 to read as follows: 46-5-135. A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency `911' system or in the identification of the telephone number, address, or name associated with any person accessing an emergency `911' system. Section 6 . Said part is further amended by adding following Code Section 46-5-135 a new Code Section 46-5-136 to read as follows: 46-5-136. (a) The governing authority of a local government by resolution may create an advisory board consisting of individuals knowledgeable of emergency `911' systems and the emergency needs of the citizens of the local government. (b) The advisory board shall assist the local government in: (1) Reviewing and analyzing the progress by public safety agencies in developing `911' system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of a `911' system; (3) Identifying mutual aid agreements necessary to effect the `911' system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and Page 190 (5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund. Section 7 . Said part is further amended by adding following Code Section 46-5-136 a new Code Section 46-5-137 to read as follows: 46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs. 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 20, 1990. GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEMNAME; INVESTMENTS. Code Title 47, Chapters 1 and 5 Amended. No. 891 (House Bill No. 1639). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the name of the Joint Municipal Employees Benefit System to the Georgia Municipal Employees Benefit System; to change the provisions relating to the investment of funds by the Board of Trustees of the Georgia Municipal Employees Benefit System; to Page 191 provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the administration of local retirement systems, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Once every three years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on July 1, 1982, and every three years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political sub-division. Page 192 As used in the preceding sentence, the word `insurance' and the word `insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every three years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. Section 2 . Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 47-1-10, relating to the adoption of rules by the boards of trustees of state retirement or pension systems, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Board of trustees' means the board of trustees or other administrative body or agency charged with the duty of administering any public retirement or pension system created by this title, except the Board of Trustees of the Georgia Municipal Employees Benefit System provided for by Chapter 5 of this title. Section 3 . Said title is further amended by striking in their entirety paragraphs (1) and (2) of Code Section 47-5-2, relating to definitions applicable to the Joint Municipal Employees Page 193 Benefit System, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) `Benefit system' or `system' means the Georgia Municipal Employees Benefit System created by this chapter. (2) `Board of trustees' or `board' means the Board of Trustees of the Georgia Municipal Employees Benefit System. Section 4 . Said title is further amended by striking in its entirety Code Section 47-5-20, relating to the creation of the Joint Municipal Employees Benefit System, and inserting in lieu thereof a new Code Section 47-5-20 to read as follows: 47-5-20. There is created a public corporation of this state to be known as `The Board of Trustees of the Georgia Municipal Employees Benefit System (GMEBS).' Said corporation shall be the successor to the Joint Municipal Employees Retirement System (JMERS) and it is the intent of this chapter that all rights, duties, and obligations of JMERS are assigned to and are assumed by the new system. The creation of GMEBS shall not increase, diminish, grant, destroy, impair, alter, or otherwise affect any pension, retirement benefit or allowance, survivors benefit, membership or right to membership, creditable service or right thereto, prior service or right thereto, or any option, election, or right of any kind created pursuant to a contract or ordinance or resolution with the Joint Municipal Employees Retirement System in existence on July 1, 1984. The GMEBS board shall have and be vested with, as a minimum, the same rights, powers, duties, privileges, and authority of any board of a municipal employee benefit program to which the GMEBS board serves as a successor board. Section 5 . Said title is further amended by adding a new subsection (d) at the end of Code Section 47-5-24, relating to the power of the board of trustees relative to the investment of funds, to read as follows: (d) Notwithstanding the investment restrictions of subsection (a) of this Code section, the board of trustees is authorized, for a consideration, to pledge funds held by it to third parties, including lenders, for the purpose of guaranteeing the contract obligations of municipal corporations and other public Page 194 bodies of this state, providing surety obligations in connection with such contracts, and obligating it to assume any such contracts in the event that the municipal corporation or other public body fails to renew such contract for its full stated term. Such guarantys, sureties, or assumptions shall constitute activities and services that the board of trustees and the contracting municipal corporations or other public bodies are authorized to undertake and provide, and shall be undertaken pursuant to Article IX, Section III, Paragraph I of the Constitution, provided that the full faith and credit of the municipal corporation or other public body receiving the benefit of such guaranty, surety, or assumption is pledged to repay any amounts required to be paid by the board of trustees as a result of such guaranty, surety, or assumption. 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 20, 1990. INSURANCEREDUCTION IN PREMIUMS FOR MOTOR VEHICLE INSURANCE; DRIVER IMPROVEMENT PROGRAMS. Code Section 33-34-16 Amended. No. 892 (Senate Bill No. 433). AN ACT To amend Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, so as to provide for the amount of premium reductions in motor vehicle insurance policies for eligible persons; to change the provisions relating to eligibility for reductions Page 195 in premiums for motor vehicle insurance policies; to provide for additional approved driver improvement clinics, courses, and programs which teach defensive driving courses; to provide for supervisory powers of the Department of Public Safety over certain driver improvement programs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-34-16 of the Official Code of Georgia Annotated, relating to reductions in premiums for motor vehicle insurance policies, is amended by striking subsections (a), (b), (c), and (d) in their entirety and inserting new subsections (a), (b), (c), and (d) to read as follows: (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 a reduction of not less than 10 percent 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) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete one of the following types of driving courses: (A) A course in defensive driving of not less than six hours from a driver improvement clinic, commercial or noncommercial driving schools approved by and under the jurisdiction of the Department of Public Safety; Page 196 (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; or (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Public Safety pursuant to subsection (f) of this Code section. (c) Upon completion of one of the driving courses specified in paragraph (3) 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, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Public Safety that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state. Section 2 . Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows: (f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The department shall not require a nonprofit organization to obtain Page 197 a license or permit or to pay a fee in order to administer a driver improvement program in the state. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1990. JAMES R. IVEY, JR.CONVEYANCE OF STATE PROPERTY. No. 48 (Senate Resolution No. 23). A RESOLUTION Authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; 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 property approximately one-half (.5) of one acre located in Baldwin County, Georgia; and WHEREAS, due to the relocation of Garrett Way and Roberson Lumber Mill Road, said property is now located adjacent to privately owned property as a result of said road improvement; and WHEREAS, said real property is all that tract or parcel of land lying and being in Baldwin County, Georgia, and being generally described as follows: That certain now vacant and unimproved triangular-shaped lot, approximately one-half (.5) of one acre, parcel of Page 198 land situate, lying and being along and immediately adjoining the property of James R. Ivey, Jr., on the east, the new right-of-way property line of Roberson Lumber Mill Road on the west, and the northern right-of-way property line of Garrett Way on the south, all being in the original first land and present 318th militia district, in Baldwin County, Georgia, it being more particularly described on that plat of Survey entitled `Property Plat for James R. Ivey, Sr., and James R. Ivey, Jr.,' dated March 5, 1985, identified as Parcel C and Parcel D, made by James E. Smith, Georgia Registered Land Surveyor No. 1895.; and WHEREAS, this property is not needed by the State of Georgia and therefore is surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the State Properties Commission is authorized and directed to convey the above-described property to James R. Ivey, Jr., subject to the following terms and conditions: (1) The consideration from James R. Ivey, Jr., for the above-described property shall be $2,500.00 and other considerations; and (2) Such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. Section 3 . 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 a resolution, Resolution Act No. 6, H.R. 154, authorizing the conveyance of certain state owned properties Page 199 located in Baldwin County, Georgia, to Mr. James R. Ivey, Jr., approved March 16, 1983 (Ga. L. 1983, p. 584), is repealed in its entirety. Section 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 20, 1990. GOVERNOR S. ERNEST VANDIVERMARKER ON COLONEL'S ISLAND. No. 49 (Senate Resolution No. 297). A RESOLUTION Providing for the placing of a marker on Colonel's Island in Glynn County in honor of former Governor S. Ernest Vandiver; and for other purposes. WHEREAS, Colonel's Island in Glynn County was obtained by the state in 1962 during the during the administration of former Governor S. Ernest Vandiver; and WHEREAS, Colonel's Island, which is now under the control and jurisdiction of the Georgia Ports Authority, is one of the most valuable possessions of the State of Georgia; and WHEREAS, over 100,000 automobiles are being processed annually through Georgia Ports Authority facilities on Colonel's Island; and WHEREAS, because of Georgia Ports Authority facilities, BMW has recently constructed a $5 million automobile processing and finishing facility on Colonel's Island; and Page 200 WHEREAS, the Georgia Ports Authority has recently constructed a $30 million export bulk facility on Colonel's Island, which handles minerals and agricultural products; and WHEREAS, the port facilities on Colonel's Island are of great importance to the economy of the State of Georgia and particularly to the coastal area of our state, and the people of Georgia are very fortunate that former Governor S. Ernest Vandiver had the foresight to play a key role in the state's acquisition of this island. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that former Governor S. Ernest Vandiver is commended for his great contributions to the welfare of the people of Georgia and for his foresight in promoting the acquisition of Colonel's Island which is proving to be of great benefit to the economy of our state. BE IT FURTHER RESOLVED that the Georgia Ports Authority is authorized and directed to place a suitable plaque or marker at a prominent location on Colonel's Island attesting to the fact that former Governor S. Ernest Vandiver was responsible for the state's acquisition of the island and listing other information relative to the acquisition of the island. The Georgia Ports Authority is requested to make arrangements for suitable ceremonies at which time the plaque or marker shall be unveiled. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to former Governor S. Ernest Vandiver and to the members and Executive Director of the Georgia Ports Authority. Approved March 20, 1990. Page 201 WARREN D. EARNEST, SR. BRIDGE DESIGNATED. No. 50 (Senate Resolution No. 306). A RESOLUTION Designating the Warren D. Earnest, Sr. Bridge; and for other purposes. WHEREAS, Mr. Warren D. Earnest, Sr. served as a mail carrier in Murray County beginning in 1919; and WHEREAS, he was a member of Hassler's Methodist Church near Hassler's Mill and also a member of the Odd Fellows; and WHEREAS, he spent much of his time in service to other people; 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 bridge over Holly Creek on Holly Creek Road in Murray County, Georgia, is designated as the Warren D. Earnest, Sr. Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the Warren D. Earnest, Sr. Bridge. Approved March 20, 1990. Page 202 WILLIAM L. DEVERELL, SR. BRIDGE DESIGNATED. No. 51 (Senate Resolution No. 307). A RESOLUTION Designating the William Deverell, Sr. Bridge; and for other purposes. WHEREAS, William Lawrence Deverell, Sr. was a fourth-generation descendant of Henry Deverell and Ann Hamilton Deverell, who came to America from Ireland in 1840; and WHEREAS, in 1860, William Deverell's great-grandparents settled in what is now the community of Mount Pleasant in Whitfield County, and it was there he was born in 1909 and raised; and WHEREAS, he had been married to Willie Mae Weber for 52 years at the time of her death and they had three children, three grandsons, and one great grandson; and WHEREAS, he was a member and deacon at Calvary Baptist Church and Sunday School Superintendent there for 31 years; and WHEREAS, he was a trustee of Oak Grove School in Little Murray and a loved and respected leader in the Little Murray community until his death in 1984; and WHEREAS, in recognition of his many contributions to his community and state, 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 Sugar Creek Bridge on Little Murray Road on the Murray and Whitfield County line is designated as the William L. Deverell, Sr. Bridge. Page 203 BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the William L. Deverell, Sr. Bridge. Approved March 20, 1990. JOINT LEGISLATIVE AND PUBLIC TASK FORCE ON REVISING GEORGIA'S EMPLOYMENT SECURITY LAWCREATION. No. 52 (Senate Resolution No. 314). A RESOLUTION Creating the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law and providing for the powers and duties of such task force; to repeal conflicting laws; and for other purposes. WHEREAS, Georgia's Employment Security Law provides the basic framework for administering the state's unemployment compensation program; and WHEREAS, the primary objective of the unemployment compensation system is to provide temporary monetary benefits to unemployed Georgia workers who have lost their jobs through no fault of their own; and WHEREAS, the Employment Security Law was originally adopted in 1937 and, through amendments, changing economic conditions, and federal and state administrative changes, has become increasingly burdensome; and WHEREAS, this burden is resulting in an inefficient use of resources and declining service to unemployed Georgians. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 204 Section 1 . (a) There is created the Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law which shall consist of 15 members as follows: (1) Three members of the Senate to be appointed by the President of the Senate; (2) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; (3) Three members of the business community to be appointed by the Governor; (4) Three members of organized labor to be appointed by the Governor; and (5) Three citizen members from the public at large to be appointed by the Governor. (b) In addition, the President of the Senate and the Speaker of the House of Representatives shall serve as ex officio members of such task force. Section 2 . The President of the Senate and the Speaker of the House of Representatives, each, shall designate one of their appointed members, which members shall serve as cochairmen of the task force. The task force may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. Section 3 . (1) Except as otherwise provided in paragraph (2) of this subsection, the task force shall study all relevant aspects of the unemployment compensation system and, in particular, shall focus its study on any problem areas in the present system. The goal of the task force is to enhance the efficiency and provision of services under the unemployment compensation system both to employers and unemployed Georgians. (2) The task force shall not submit recommendations affecting either the statutory amounts of the weekly benefits received under the unemployment compensation Page 205 system as provided in subsection (b) of Code Section 34-8-153 or the manner by which the grounds for disqualification for these benefits is determined as provided in paragraph (2) of Code Section 34-8-158. (b) The task force shall make a report of its findings and recommendations for the improvement of Georgia's unemployment compensation program, including any proposed legislation, to the Governor and all members of the General Assembly on or before December 31, 1990. Section 4 . All members of the task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. All members of the task force except members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the Department of Labor. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed ten meetings. Section 5 . The Department of Labor shall provide staff assistance to the task force. Section 6 . The cochairmen of the task force may designate and appoint committees to perform such functions as they may determine to be necessary. The task force may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information. Section 7 . The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the Department of Labor, except as otherwise provided by this resolution. Section 8 . The task force shall stand abolished January 1, 1991, and this resolution shall stand repealed on January 1, 1991. Page 206 Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1990. REGIONAL DEVELOPMENT CENTERSSUPPLEMENTAL FUNDING FORMULA; RATIFICATION. No. 53 (Senate Resolution No. 332). A RESOLUTION Ratifying the supplemental funding formula for regional development centers established by the Department of Community Affairs; to provide for an effective date; and for other purposes. WHEREAS, pursuant to Code Section 50-8-33 of the Official Code of Georgia Annotated, the Department of Community Affairs was directed to establish a supplemental funding formula to be used for the distribution of any available state funds in excess of the minimum funding amount to regional development centers; and WHEREAS, on February 14, 1990, the Board and Department of Community Affairs adopted the supplemental funding formula; and WHEREAS, Code Section 50-8-33 of the Official Code of Georgia Annotated, by reference to Code Section 50-8-7.2 of the Official Code of Georgia Annotated, provides that the supplemental funding formula shall only become effective where ratified by joint resolution of the General Assembly; and WHEREAS, the supplemental funding formula for regional development centers has been submitted to the General Assembly in accordance with the provisions of Code Sections 50-8-33 and 50-8-7.2 and it is the desire of this General Assembly to ratify and approve said supplemental funding formula. Page 207 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the supplemental funding formula for regional development centers adopted by the Department and Board of Community Affairs on February 14, 1990, and on file in the office of the commissioner of community affairs is ratified and approved. BE IT FURTHER RESOLVED this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved March 20, 1990. ELIZA BAPTIST CHURCHCONVEYANCE OF STATE PROPERTY. No. 54 (Senate Resolution No. 335). A RESOLUTION Authorizing the conveyance of certain state owned real property located 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 a certain parcel of real property located in Tattnall County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Tattnall County, Georgia, lying in and being a part of Georgia militia district 1645 and being generally described as follows: That certain now vacant and unimproved tract or parcel of land situate, lying and being north of State Highway 178, and adjoining Elza Baptist Church property, containing approximately one acre. The property here described 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 purchaser; Page 208 and WHEREAS, said property is under the custody and management of the Georgia Department of Corrections at its Reidsville State Prison; and WHEREAS, said parcel is not being utilized by the Department of Corrections and is therefore surplus to its needs; and WHEREAS, the adjoining property owner, Elza Baptist Church, is desirous of obtaining the above-described property for the purposes of expanding its church complex. 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 Elza Baptist Church 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 this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 209 Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 20, 1990. CITY OF THOMSON AND MCDUFFIE COUNTYEASEMENT ACROSS STATE PROPERTY. No. 55 (Senate Resolution No. 336). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in McDuffie 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 134th Georgia militia district of McDuffie County, Georgia, which was formerly in the custody of and utilized by the Georgia Bureau of Investigation and the Department of Public Safety; and WHEREAS, the City of Thomson, Georgia, and McDuffie County are installing and expanding a water supply distribution system; and 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 Board of Public Safety, by resolution dated August 2, 1989, agrees with granting this easement to the City of Thomson and McDuffie County for the above-mentioned purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 210 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 the City of Thomson, Georgia, and McDuffie County, their successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water supply distribution system in, on, over, under, upon, across, or through the easement areas for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a water supply distribution system, 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 134th Georgia militia district of McDuffie County, Georgia, and is more particularly described as follows: That portion and that portion only as shown and delineated in red on a plat entitled Thomson/McDuffie County Water System Expansion Service north of Interstate 20 Easement Drawing on property formerly in the custody of the Board of Public Safety by M. R. Chasman Associates, P.C., Consulting Engineers. This plat indicating the permanent easement, containing.12 acre, and being approximately 16[UNK] wide and 312[UNK] long, and the temporary easement being 15[UNK] wide and 312[UNK] long, 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 water supply distribution system. Section 4 . That the City of Thomson, Georgia, and McDuffie County 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 water supply distribution system. Section 5 . That, after the City of Thomson, Georgia, and McDuffie County have constructed and put into use the water supply Page 211 distribution system for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson, Georgia, and McDuffie County, their 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 the City of Thomson, Georgia, or McDuffie County and, except as herein specifically granted to the City of Thomson, Georgia, and McDuffie County, 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 City of Thomson, Georgia, and McDuffie County. 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, the City of Thomson, Georgia, and McDuffie County shall remove or relocate their facilities at their sole cost and expense. Section 8 . That the easement granted to the City of Thomson, Georgia, and McDuffie 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 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 $650.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said water supply distribution system. Page 212 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 areas. 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 March 20, 1990. LUTHER V. LAND BRIDGE AND J. R. REEVES BRIDGE DESIGNATED. No. 56 (Senate Resolution No. 362). A RESOLUTION Designating the Luther V. Land Bridge and designating the J. R. Reeves Bridge; and for other purposes. WHEREAS, Mr. Luther V. Land was born on July 23, 1896, in Muscogee County, Georgia; and WHEREAS, he attended Muscogee County Public Schools, including Double Churches Elementary School, which was built on ground donated by the Land family; and WHEREAS, he served with honor and distinction during World War I in the United States Navy as a Boatswain's Mate First Class, crossing the Atlantic Ocean many times before his honorable discharge on September 2, 1920; and WHEREAS, he was a respected and devoted member of the Piney Grove Baptist Church until his death on May 26, 1976, at the age of 79 years; and Page 213 WHEREAS, he was both a firefighter and a farmer during his adult life, having worked as a professional firefighter for more than 30 years, and as a farmer on family land through which Douglas Creek runs in both Muscogee County and Harris County; and WHEREAS, in recognition of the respect and love earned by him from his large family and many friends over the years, it is only fitting and proper that this state designate a permanent monument in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Douglas Creek on Georgia State Route 219 in Muscogee County, Georgia, is designated the Luther V. Land Bridge. WHEREAS, James Randolph Reeves has long been recognized by the citizens of the City of Clarkesville for the vital role he has played in community leadership and for his deep personal commitment to the welfare of the members of his community; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to civic, religious, and charitable concerns as evidenced by his active involvement in the Clarkesville Lions Club, the Habersham County Hospital Authority, the Clarkesville United Methodist Church, the Clarkesville Masonic Lodge #325, and the board of trustees of the Clarkesville School; and WHEREAS, he served with unparalleled skill as mayor of the City of Clarkesville and also as owner and operator of the family business, Reeves Hardware; and WHEREAS, he has served his country with honor and distinction as a member of the United States Navy for a period of six years; and WHEREAS, he has given generously and unstintingly of his time and interest in all matters relating to his community and his personal efforts are in large measure responsible for the vitality, strength, beauty, and success of the City of Clarkesville; and Page 214 WHEREAS, it is abundantly fitting and proper that an appropriate memorial should be dedicated to this distinguished Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body heartily commend James Randolph Reeves for the over six decades of outstanding, dedicated, and selfless public service which he has rendered on behalf of the citizens of his community and state. BE IT FURTHER RESOLVED that the bridge whereby Georgia Highway 115 crosses the Soque River west of downtown Clarkesville is named and designated as the J. R. Reeves Bridge. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating the Luther V. Land Bridge and the J. R. Reeves 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, to the family of Luther V. Land, and to James Randolph Reeves. Approved March 22, 1990. ERNEST W. STRICKLAND BRIDGE; JOE A. WHITHERINGTON BRIDGE; BANKS CROSSING HIGHWAYDESIGNATED. No. 57 (Senate Resolution No. 461). A RESOLUTION Designating the Ernest W. Strickland Bridge, designating the Joe A. Whitherington Bridge, designating the Banks Crossing Highway; and for other purposes. Page 215 WHEREAS, on April 24, 1986, the State of Georgia lost one of its finest and most distinguished citizens in the untimely passing of Ernest W. Strickland; and WHEREAS, he served with honor and distinction as a member of the House of Representatives for eight years; and WHEREAS, he was a lifelong resident of Evans County and a devoted member of the Daisy United Methodist Church where he served as chairman of the board for 38 years; and WHEREAS, he was a prominent farmer, charter member and past president of the Evans County Farm Bureau, and president of Claxton Oil Company, Claxton Warehouse, Inc., and Strickland Transportation, Inc.; and WHEREAS, his special contributions were indispensable in the establishment of the renowned Annual Rattlesnake Roundup; and WHEREAS, during his tenure in the House of Representatives, Mr. Strickland devoted much time and energy to widening U. S. Highway 301 to four lanes through Georgia, and said highway presently has four lanes from Statesboro to Interstate Highway 16 and from Interstate Highway 16 to Claxton; and WHEREAS, until his retirement in January, 1990, Joe A. Whitherington, city engineer, had served the City of Macon longer than any other active city employee or official; and WHEREAS, he began his public employment in 1935 in the engineering division of the Department of Transportation; and WHEREAS, in 1939, he moved to Macon and began work in the city engineering department; and WHEREAS, he interrupted his city employment only to enlist in World War II where he served in General Patton's Third Army and was awarded the Purple Heart and three Battle Stars; and Page 216 WHEREAS, after the war, he returned to Macon and resumed his position in city engineering, which he performed with distinction and a rare dedication; and WHEREAS, he is a registered civil engineer and land surveyor; and WHEREAS, he is a charter member and past president and director of the Macon chapter of the Georgia Society of Professional Engineers; and WHEREAS, in recognition of Joe A. Whitherington's 50 years of loyalty and dedication to the City of Macon and in honor of his many contributions to his community, it is only fitting and proper that this state perpetuate his name in an appropriate manner. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Canoochee River on U. S. Highway 301 in Evans County, Georgia, is designated as the Ernest W. Strickland Bridge; the state bridge currently designated as the Hardeman Bridge, which crosses I-75 in Bibb County, Georgia, is designated as the Joe A. Whitherington Bridge; and that portion of U. S. Highway 441 in Banks County, Georgia, from the intersection of Interstate 85 and U. S. Highway 441 north to the city limits of Homer, Georgia, is designated as the Banks Crossing Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Ernest W. Strickland Bridge, the Joe A. Whitherington Bridge, and the Banks Crossing Highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the Page 217 families of Mr. Ernest W. Strickland and Mr. Joe A. Whitherington. Approved March 22, 1990. LIBERTY COUNTYCONVEYANCE OF STATE PROPERTY TO OWNERS OF ADJOINING PROPERTY. No. 58 (Senate Resolution No. 443). A RESOLUTION Directing the conveyance of certain state owned real property located in Liberty County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, The Department of Transportation is the owner of certain parcels of real property located in Liberty County, Georgia; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Liberty County, Georgia, lying in and being a part of G.M.D. 17 and being generally described as follows: Those certain tracts or parcels of land situate, lying and being west from the intersection of U. S. Highway 84 and General Stewart Way, running along the northern and southern right of way of General Stewart Way with the northern tract being approximately 75[UNK] in width and 1,907[UNK] in length and the southern tract being approximately 75[UNK] in width and 1,555[UNK] in length, 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 Georgia Department of Transportation by the adjoining property owners; and WHEREAS, said property is under the custody and management of the Department of Transportation; and Page 218 WHEREAS, said property was conveyed to the Department of Transportation in 1941 for a consideration of $1.00; and WHEREAS, said parcels are not being utilized by the Department of Transportation and are, therefore, surplus to its needs; and 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 Department of Transportation is the owner of the above-described real property. Section 2 . That the above-described real property shall be sold and conveyed by appropriate instrument to the adjoining property owners by the Department of Transportation for a consideration of $18,000.00 per acre. Section 3 . That the Department of Transportation is directed to do all acts and things necessary and proper to effect such conveyance. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 22, 1990. Page 219 CHEROKEE COUNTY CHAMBER OF COMMERCECONVEYANCE OF STATE PROPERTY. No. 59 (House Resolution No. 850). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Cherokee County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in Land Lots 634 and 635 of the 15th Land District in Cherokee County, Georgia, being more particularly described as follows: BEGINNING at a point 100 feet right of and opposite station 13+34.77 on the centerline laid out for Ramp C on Georgia Highway Project I-575-1(1)07 Phase 2; running thence S7407[UNK]37[UNK]E a distance of 317.726 feet to a point; thence S8236[UNK]26[UNK]E a distance of 10.30 feet to a point; thence S8538[UNK]26[UNK]E a distance of 117.80 feet to a point; thence N0830[UNK]34[UNK]E a distance of 306.70 feet to a point; thence N8310[UNK]08[UNK]W a distance of 249.52 feet to a point; thence S4435[UNK]53[UNK]W a distance of 327.87 feet back to the point of BEGINNING; and WHEREAS, said property is under the custody and management of the Georgia Department of Transportation; and WHEREAS, the Cherokee County Chamber of Commerce is desirous of obtaining the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 220 Section 1 . That the Georgia Department of Transportation is the owner of the above-described real property and such property has been determined to be surplus. Section 2 . That the above-described real property shall be sold and conveyed by appropriate instrument to the Cherokee Chamber of Commerce by the Georgia Department of Transportation, acting by and through its Commissioner, for a consideration not less than the fair market value and upon such further consideration. Section 3 . That a plat of survey shall be provided by purchaser, suitable for recording in Cherokee County, and presented to the Georgia Department of Transportation for its approval. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval and in accordance with the provisions hereof. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 22, 1990. TRAFFIC COURTS IN CITIES OF 300,000 OR MOREPENALTIES; VICTIMS AND WITNESS ASSISTANCE PROGRAMS. No. 893 (Senate Bill No. 335). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds; to provide that the moneys collected Page 221 from such additional penalties shall be expended only to fund victims and witnesses assistance programs; to provide for annual reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows: Section 28. (a) (1) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance, there shall be imposed as an additional penalty a sum not to exceed $1.00. (2) At the time of posting bail or bond in any traffic case before a court under this Act, an additional sum not to exceed $1.00 shall be posted. In every traffic case in which a court under this Act orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty imposed in traffic cases and upon violations of bonds as provided in subsection (a) of this section shall be collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be transmitted to the treasury of the city served by the court imposing the fine to be placed in a special fund. Such moneys in the fund shall be expended only to fund victims and witnesses assistance programs. A victims and witnesses assistance program shall be developed by the solicitor subject to approval by the chief judge of the court. An annual report of the amount of moneys paid into the special fund and the expenditures made therefrom for victims and witnesses assistance programs shall be made to the governing authority of the municipality and to the House State Planning and Community Affairs Committee. Page 222 (c) Except as otherwise provided in subsection (b) of this section, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective cities and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. DISTRICT ATTORNEYS EMERITUSPRACTICE OF LAW. Code Section 47-12-81 Repealed. No. 919 (Senate Bill No. 640). AN ACT To amend Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, so as to repeal certain provisions prohibiting district attorneys emeritus from practicing law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to appointments of district attorneys emeritus, is amended by striking Code Section 47-12-81 which reads as follows: Page 223 47-12-81. District attorneys emeritus are prohibited from practicing law in any cases against the State of Georgia in any of the courts of this state or of the United States. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. CONSERVATION AND NATURAL RESOURCESSOLID WASTE MANAGEMENT; ADMINISTRATIVE PROCEDURE ACT; RULES Code Sections 12-2-1, 12-8-27, and 27-1-5 Amended. No. 957 (Senate Bill No. 534). AN ACT To amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources; to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to provide that a petition for judicial review of a final decision of the Board of Natural Resources to a superior court shall be heard by such court within 90 days from the date the petition for review is filed and an order dispositive of the issues presented for review shall be entered within 30 days of the date of the hearing or the final decision of the board shall be considered affirmed by operation of law; to provide an exception; to provide for appellate review of board decisions so affirmed by operation of law; to amend Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, so as to provide that upon the approval, modification, or revocation of a permit for handling solid waste, and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the Page 224 disposal facility or site is located or to be located; 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 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking Code Section 27-1-5, relating to the applicability of the Georgia Administrative Procedure Act to the rules and regulations of the Board of Natural Resources, in its entirety and inserting in lieu thereof a new Code Section 27-1-5 to read as follows: 27-1-5. (a) Except as otherwise specifically provided, all rules and regulations promulgated by the board under this title shall be promulgated pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' For the purposes of this title, rule making under subsection (b) of Code Section 50-13-4 in response to an imminent peril to the public health, safety, or welfare shall include rule making to protect wildlife, the public, and the natural resources of this state in the event of fire, flood, disease, pollution, or other emergency situations. (b) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the board in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' if the superior court in which the petition for review is filed does not hear the case within 90 days from the date the petition for review is filed with the court, the final decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date the petition for review is filed with the court because a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 30 days after the date of the continued hearing. If a case is heard within 90 days from the date the petition for review is filed, the final decision of the board shall be Page 225 considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 30 days of the date of the hearing. (c) A decision of the board affirmed by operation of law under subsection (b) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. 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 2 . Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, is amended by adding new subsections (c) and (d) at the end thereof to read as follows: (c) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the Board of Natural Resources in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' if the superior court in which the petition for review is filed does not hear the case within 90 days from the date the petition for review is filed with the court, the final decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court. In the event a hearing is held later than 90 days after the date the petition for review is filed with the superior court because a hearing originally scheduled to be heard within the 90 days has been continued to a date certain by order of the court, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues Page 226 presented for review has been entered within 30 days after the date of the continued hearing. If a case is heard within 90 days from the date the petition for review is filed, the final decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 30 days of the date of the hearing. (d) A decision of the board affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. 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 (c) 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 . Code Section 12-8-27 of the Official Code of Georgia Annotated, relating to permits for handling solid waste and the construction and operation of disposal facilities, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Upon the approval, modification, or revocation of a permit pursuant to this Code section and at the time that notification is sent to the applicant or permit holder, the director shall send a copy of such notification to the legal organ of the county or counties wherein the disposal facility or site is located or to be located. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all matters that are pending as of its effective date, including such matters as are the subject of an Page 227 appeal or judicial review and such appeal or judicial review is in process only if the court in which they are pending and counsel for the petitioner for review are specifically notified of the passage of this Act. The time as to such pending matters will begin to run upon the mailing by United States certified mail of the notice provided for herein which mailing may not be made before the effective date of this Act. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. PROPERTYCONDOMINIUMS AND TIMESHARES. Code Title 44, Chapter 3 Amended. No. 958 (House Bill No. 502). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the resolution of inconsistencies between condominium instruments; to provide for compliance with rules and regulations adopted by condominium associations; to prohibit the disproportionate allocation of common expenses; to provide for conditions with respect to the imposition of certain special assessments; to prohibit certain increases regarding monthly maintenance fees; to change provisions relative to the assignment and reassignment of limited common elements; to provide that the relocation of boundaries between units shall not require a vote of the unit owners under certain circumstances; to provide procedures for the amendment of condominium instruments; to provide that an amendment to a condominium instrument shall be presumed valid if a lawsuit involving the validity of the amendment is filed more than one year after the recording of the amendment; to provide for burden of proof and a statute of limitations with regard to challenges to the validity of amendments; to provide for the allocation Page 228 of insurance deductibles; to clarify that termination provisions may be contained in association contracts; to provide for the holding of association meetings upon written request of certain unit owners; to change certain powers of condominium associations; to provide for liability insurance coverage to be maintained by associations; to provide that delinquent service charges for services rendered by the association at the unit owner's request shall constitute a lien on the affected condominium unit; to provide for the rate of interest on delinquent assessments; to change provisions relative to the time when a purchaser of a unit may bring an action for damages against a seller; to provide for related matters; to change certain definitions relating to time-share projects and programs; to delete references to certain campsite time-share programs and the requirements and procedures relating thereto; to delete references to instruments, statements, and time-share programs involving campsites; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking subsection (c) of Code Section 44-3-75, relating to the construction and validity of condominium instruments, and inserting in its place a new subsection (c) to read as follows: (c) In the event of any inconsistency between this article and the provisions of any declaration, this article shall control. Unless otherwise provided in the condominium instruments, in the event of any inconsistency between the declaration and the provisions of any bylaws of the association, the declaration shall control. Section 2 . Said chapter is further amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in its place a new Code Section 44-3-76 to read as follows: 44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable Page 229 rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the declaration, the association shall be empowered to impose and assess fines and suspend temporarily the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. Section 3 . Said chapter is further amended by striking paragraphs (2) and (3) of subsection (b) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting new paragraphs (2), (3), and (4) and by adding at the end of said Code section a new subsection (g) to read as follows: (2) Any other common expenses occasioned by the conduct of less than all of those entitled to occupy all of the units or by the licensees or invitees of any such unit or units shall be specially assessed against the condominium unit or units, the conduct of any occupant, licensee, or invitee of which occasioned any such common expenses; (3) Any other common expenses significantly disproportionately benefiting all of the units shall be assessed equitably among all of the condominium units; and (4) Other than for limited common elements expressly designated as such in the condominium instruments and assigned to fewer than all units, nothing contained in paragraph (1) or (3) of this subsection shall permit an association to specially or disproportionately allocate common expenses for periodic maintenance, repair, and replacement of any portion of the common elements or the units which the association has the obligation to maintain, repair, or replace. Page 230 (g) A condominium instrument recorded on or after July 1, 1990, shall not authorize the board of directors to impose: (1) Except as provided in subsections (a) and (b) of this Code section and subsections (a) and (b) of Code Section 44-3-109, a special assessment fee per unit in excess of an average of $200.00 per fiscal year without the approval of a majority of the unit owners; or (2) Except for the first year after relinquishment of control of the association by the declarant as defined in Code Section 44-3-101, a monthly maintenance fee increase in excess of a percentage equal to the annual rate of inflation as measured by the Consumer Price Index for All Urban Consumers for the immediately preceding 12 month period without the approval of a majority of the unit owners. Section 4 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 44-3-82, relating to assignments and reassignments of limited common elements, and inserting in their place new subsections (b) and (c) to read as follows: (b) Unless expressly prohibited by the condominium instruments, a limited common element may be reassigned upon written application to the association by the owners of units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned. The association shall immediately prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be delivered immediately to the owners of the units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned and upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective when the association and the owners of the units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned have executed and recorded the same. No vote of the unit owners Page 231 shall be necessary for the amendment provided in this Code section to be executed by the association. (c) A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration making such an assignment shall be prepared and executed by the association. The amendment shall be delivered to the unit owner or owners to whose unit the assignment is being made and upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective after execution by the association and such unit owner or owners and recordation, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to the declaration was adhered to. Unless otherwise required by the condominium instruments, no vote of the unit owners shall be necessary for the amendment provided in this Code section to be executed by the association. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 44-3-91, relating to the relocation of boundaries between units, and inserting in its place a new subsection (b) to read as follows: (b) If the unit owners of adjoining units whose respective boundaries may be relocated desire to relocate those boundaries, the association shall, upon written application of the unit owners and the written consent of the mortgagees of the units involved, immediately prepare and execute appropriate instruments pursuant to subsections (c) and (d) of this Code section. No vote of the unit owners shall be necessary for the amendments provided in this Code section to be executed by the association. Section 6 . Said chapter is further amended by striking subsection (b) of Code Section 44-3-92, relating to the subdivision of condominium units, and inserting in its place a new subsection (b) to read as follows: (b) If the unit owner of any unit which may be subdivided desires to subdivide the unit, the association, upon written application of the subdivider, as the unit owner shall henceforth be referred to in this Code section, and the written Page 232 consent of the mortgagees of the unit, shall immediately prepare and execute appropriate instruments pursuant to subsections (c) and (d) of this Code section. No vote of the unit owners shall be necessary for the amendments provided in this Code section to be executed by the association. Section 7 . Said chapter is further amended by striking Code Section 44-3-93, relating to the amendment of condominium instruments, and inserting in its place a new Code Section 44-3-93 to read as follows: 44-3-93. (a) (1) Except to the extent expressly permitted or required by other provisions of this article, the condominium instruments shall be amended only by the agreement of unit owners of units to which two-thirds of the votes in the association pertain or such larger majority as the condominium instruments may specify; provided, however, that, during any such time as there shall exist an unexpired option to add any additional property to the condominium or during any such time as the declarant has the right to control the association pursuant to Code Section 44-3-101, the agreement shall be that of the declarant and the unit owners of units to which two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, or a larger majority as the condominium instruments may specify. (2) Except to the extent expressly permitted or required by other provisions of this article, from and after July 1, 1990, no amendment of a condominium instrument shall require approval of more than 80 percent of the unit owners and the mortgagees of units holding 80 percent of the voting interest in the association; provided, however, that the provisions of any condominium instrument in effect on July 1, 1990, which provides for a majority in excess of 80 percent shall not be affected or modified by the provisions of this paragraph if by July 1, 1991, the association and those mortgagees permitted to vote on amendments vote by the majority required for an amendment as specified in the condominium instrument to retain the existing requirements for amendments; and provided, further, if no such vote by the required majority occurs, those Page 233 provisions requiring more than 80 percent shall be deemed to require only 80 percent of the voting interests. This paragraph shall not be deemed to eliminate or modify any right of the declarant provided for in the condominium instruments to approve amendments to the condominium instruments so long as the declarant owns any unit primarily for the purpose of sale and, furthermore, this paragraph shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article. (b) If none of the units in the condominium are restricted exclusively to residential use, the condominium instruments may specify a majority smaller than the minimum specified by subsection (a) of this Code section. (c) Except to the extent expressly permitted or required by other provisions of this article or agreed upon by all unit owners and the mortgagees of all condominium units, no amendment to the condominium instruments shall change the boundaries of any unit, the undivided interest in the common elements pertaining thereto, the number of votes in the association pertaining thereto, or the liability for common expenses pertaining thereto. (d) Agreement of the required majority of unit owners to any amendment of the condominium instruments shall be evidenced by their execution of the amendment. In the alternative, provided that the declarant does not then have the right to control the association pursuant to Code Section 244-3-101, the sworn statement of the president, of any vice-president, or of the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained, shall be sufficient to evidence the required agreement. Any such amendment of the condominium instruments shall become effective only when recorded or at such later date as may be specified in the amendment itself. (e) In any court suit or action where the validity of the adoption of an amendment to a condominium instrument is in issue, the adoption of the amendment shall be presumed valid if the suit is commenced more than one year after the recording of Page 234 the amendment on the public record. In such cases, the burden of proof shall be upon the party challenging the validity of the adoption of the amendment. Section 8 . Said chapter is further amended by striking Code Section 44-3-94, relating to the damage or destruction of condominium units, and inserting in its place a new Code Section 44-3-94 to read as follows: 44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. As to insurance required to be maintained by the association under this article and to the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $1,000.00 per casualty loss. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section. Section 9 . Said chapter is further amended by striking subsection (c) of Code Section 44-3-101, relating to the control of a condominium association and the surrender of control to the unit Page 235 owners, and inserting in its place a new subsection (c) to read as follows: (c) In addition to any right of termination set forth therein, any management contract, any lease of recreational area or facilities, or any other contract or lease executed by or on behalf of the association during the period of the declarant's right to control the association pursuant to subsection (a) of this Code section shall be subject to cancellation and termination at any time during the 12 months following the expiration of such control period by the affirmative vote of the unit owners of units to which a majority of the votes in the association pertain, unless the unit owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same. Section 10 . Said article is further amended by striking Code Section 44-3-102, relating to meetings of the association, and inserting in its place a new Code Section 44-3-102 to read as follows: 44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners. Section 11 . Said chapter is further amended by striking Code Section 44-3-106, relating to the powers and responsibilities of a condominium association, and inserting in its place a new Code Section 44-3-106 to read as follows: Page 236 44-3-106. (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the power to: (1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association; (2) Make or cause to be made additional improvements on and as a part of the common elements; and (3) Grant or withhold approval of any action by one or more unit owners or other persons entitled to occupancy of any unit if such action would change the exterior appearance of any unit or of any other portion of the condominium or elect or provide for the appointment of an architectural control committee to grant or withhold such approval. (b) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the irrevocable power, as attorney in fact on behalf of all unit owners and their successors in title, to grant easements, leases, and licenses through or over the common elements, to accept easements, leases, and licenses benefiting the condominium or any portion thereof, and to acquire or lease property in the name of the association as nominee for all unit owners. Property so acquired by the association as nominee for the unit owners, upon the recordation of the deed thereto or other instrument granting the same, shall automatically and without more, and for all purposes, including, without limitation, taxation, be a part of the common elements. The association shall also have the power to acquire, lease, and own in its own name property of any nature, real, personal, or mixed, tangible or intangible; to borrow money; and to pledge, mortgage, or hypothecate all or any portion of the property of the association for any lawful purpose within the association's inherent or expressly granted powers. Any third party dealing with the association shall be entitled to rely in good faith upon a certified resolution of the board of directors of the association authorizing any such act or transaction as conclusive evidence of the authority and power of the association so to act and of full compliance with all Page 237 restraints, conditions, and limitations, if any, upon the exercise of such authority and power. The provisions of Code Section 44-2-2 notwithstanding, any such actions taken by the association as attorney in fact on behalf of all unit owners and their successors in title shall be effective record notice to third parties if recorded in the name of the association as that name is reflected in the recorded declaration or any recorded amendments thereto. Such recorded document shall not require a listing of the names of the unit owners or their successors in title or assigns. (c) The association shall have the power to amend the condominium instruments, the articles of incorporation, and the bylaws of the association or any of them in such respects as may be required to conform to this article, to any other applicable law, or to the declaration. (d) In addition to any other duties and responsibilities as this article or the condominium instruments may impose, the association shall keep: (1) Detailed minutes of all meetings of the members of the association and of the board of directors; (2) Detailed and accurate financial records, including itemized records of all receipts and expenditures; and (3) Any books and records as may be required by law or be necessary to reflect accurately the affairs and activities of the association. (e) This Code section shall not be construed to prohibit the grant or imposition of other powers and responsibilities to or upon the association by the condominium instruments. (f) Except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of Title 14, by the condominium instruments, by the articles of incorporation, or by the bylaws of the association, the powers inherent in or expressly granted to the association may be exercised by the board of directors, acting through the officers, without any further consent or action on the part of the unit owners. Page 238 (g) A tort action alleging or founded upon negligence or willful misconduct by any agent or employee of the association or in connection with the condition of any portion of the condominium which the association has the responsibility to maintain shall be brought against the association. No unit owner shall be precluded from bringing such an action by virtue of his ownership of an undivided interest in the common elements or by virtue of his membership in the association. A judgment against the association arising from a tort action shall be a lien against the property of the association. (h) The association shall have the capacity, power, and standing to institute, intervene in, prosecute, represent in, or defend, in its own name, litigation, administrative or other proceedings of any kind concerning claims or other matters relating to any portions of the units or common elements which the association has the responsibility to administer, repair, or maintain. Section 12 . Said chapter is further amended by striking paragraph (2) of Code Section 44-3-107, relating to requirements for insurance coverage, and inserting in its place a new paragraph (2) to read as follows: (2) A liability insurance policy or policies, in amounts specified by the condominium instruments but not in amounts less than $500,000.00 for injury, including death, to a single person; $1 million for injury or injuries, including death, arising out of a single occurrence; and $50,000.00 for property damage; or, in the alternative, a liability policy affording coverage for bodily injury and property damage with a combined single limit in an amount not less than $1,050,000.00. The policy or policies shall cover the association, the board of directors and the officers of the association, all agents and employees of the association, and all unit owners and other persons entitled to occupy any unit or other portion of the condominium for occurrences commonly insured against arising out of or in connection with the use, ownership, or maintenance of the common elements or other portion of the condominium which the association has the responsibility to maintain; and. Section 13 . Said chapter is further amended by striking subsection (a) of Code Section 44-3-109, relating to liens for assessments, Page 239 notice, and foreclosure, and inserting in its place a new subsection (a) to read as follows: (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, for fines, or otherwise, and all reasonable charges made to any unit owner or condominium unit for materials furnished or services rendered by the association at the owner's request to or on behalf of the unit owner or condominium unit, shall, from the time the same become due and payable, constitute a lien in favor of the association on the condominium unit prior and superior to all other liens whatsoever except: (1) Liens for ad valorem taxes on the condominium unit; (2) The lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to the recording of the declaration; (3) The lessor's lien provided for in Code Section 44-3-86; and (4) The lien of any secondary purchase money mortgage covering the unit, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the unit. The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assessments shall be required. Section 14 . Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 44-3-109, relating to liens for assessments, notice, and foreclosure, and inserting in its place a new paragraph (2) to read as follows: (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;. Page 240 Section 15 . Said chapter is further amended by striking subsection (i) of Code Section 44-3-111, relating to sales of residential condominium units for residential occupancy, and inserting in its place a new subsection (i) to read as follows: (i) Any person who, in reasonable reliance upon any false or misleading material statement or information published by or under authority from the seller in advertising and promotional materials, including, but not limited to, the items required to be furnished by this Code section, brochures, and newspaper advertising, or who, without having been furnished with all of the information required to be furnished by this Code section, pays anything of value toward the purchase of a condominium unit located in this state shall be entitled to bring an action against the seller for damages under this Code section at any time prior to the expiration of one year after the date upon which the last of the events described in paragraphs (1) through (5) of this subsection shall occur: (1) The closing of the transaction; (2) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidence of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this Code section, evidence of lawful occupancy shall be deemed to have been given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes; (3) The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or to provide under the terms of the written contract for the sale of the unit; (4) As to claims relating to the common elements and other portions of the condominium which are the responsibility of the association to maintain, the date upon which Page 241 the declarant's right to control the association terminates as provided in Code Section 44-3-101; or (5) In the event there shall not be a written contract for the sale of the unit, then the completion of the common elements and such recreational facilities, whether or not the same are common elements, which the seller would be obligated to complete under any rule of law applicable to the seller's obligation. Section 16 . Said chapter is further amended by adding a new Code Section 44-3-116 to read as follows: 44-3-116. The limitations provided in subsection (b) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article. Section 17 . Said chapter is further amended by striking paragraph (25) of Code Section 44-3-162, 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. Section 18 . Said chapter is further amended by adding the word and at the end of paragraph (2) of Code Section 44-3-169, relating to contents of instruments creating time-share uses, by striking ; and at the end of paragraph (3) of that Code section and inserting in its place a period, and by striking in its entirety paragraph (4) of that Code section, which reads 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 Page 242 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 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 19 . Said chapter 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. 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. Section 20 . Said chapter 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: Page 243 44-3-205. The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced. Section 21 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. ELECTIONSPAUPER'S AFFIDAVITS; PETITIONS; REGISTRARS; RESIDENCE; COUNTY BOARDS OF ELECTIONS AND REGISTRATION; PRIMARY AND ELECTION DATES IN MUNICIPALITIES. Code Title 21, Chapters 2 and 3 Amended. No. 959 (House Bill No. 1167). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prescribe the form of certain pauper's affidavits and certain municipal pauper's affidavits; to change certain provisions relating to certification of political party candidates; to change certain provisions relating to signers of nomination petitions; to delete certain definitions describing tabulating machines; to change certain provisions regarding the appointment of a county officer or employee as chief deputy registrar in counties not served by a registrar's office during regular business hours; to change certain provisions relating to the creation of county boards of elections and county boards of elections and registration; to change certain provisions relating to the determination of residence; to change certain provisions relating to the date for holding special municipal primaries and elections; to change certain provisions relating to changes of residence of municipal electors; to provide for a criminal Page 244 penalty regarding certain unlawful acts relating to campaign literature or material; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (f) of Code Section 21-2-132, relating to the filing of a pauper's affidavit, and inserting in its place a new subsection (f) to read as follows: (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 by any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. Section 2 . Said title is further amended by striking subparagraph (a)(2)(A) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subparagraph (a)(2)(A) to read as follows: (A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.1) of this Code section, by which the candidate under Page 245 oath affirms his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. Section 3 . Said title 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. (a) 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 the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of 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. (b) 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 Page 246 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. 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. Section 4 . Said title is further amended by striking subsection (b) of Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in its place a new subsection (b) to read as follows: (b) A nomination petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. Section 5 . Said title is further amended by striking subsection (b) of Code Section 21-2-212, relating to the appointment Page 247 of county deputy registrars, and inserting in its place a new subsection (b) to read as follows: (b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file. Section 6 . Said title is further amended by adding a new paragraph immediately following paragraph (5) of subsection (a) of Code Section 21-2-241, relating to rules for determining residence, to be designated paragraph (5.1), to read as follows: (5.1) If a person removes to another county within this state with the intention of remaining there an indefinite time and making such other county his place of residence, he shall be considered to have lost his residence in the former county, notwithstanding that he may intend to return at some indefinite future period; Section 7 . Said title is further amended by striking paragraph (6) of Code Section 21-2-310, relating to definitions regarding vote machines and vote recorders, which reads as follows: (6) `Tabulating machine' shall be limited to precinct ballot counters for the purpose of examination and approval by the Secretary of State., and inserting in its place a new paragraph (6) to read as follows: (6) Reserved. Section 8 . Said title is further amended by striking Code Section 21-2-40, relating to the creation of county boards of elections Page 248 and county boards of elections and registration, and inserting in its place a new Code Section 21-2-40 to read as follows: 21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 9 . Said title is further amended by striking Code Section 21-3-52, relating to the date of special municipal primaries, which reads as follows: 21-3-52. Whenever any political party shall hold a special primary to nominate candidates for offices to be filled in the ensuing special election, the same shall be held two weeks prior to the special election. Notice of such primary shall be publicly issued by the municipal or other appropriate party executive committee at least 15 days prior to such special primary., and inserting in its place a new Code Section 21-3-52 to read as follows: 21-3-52. Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-3-53, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding Page 249 of same. Except as otherwise provided by this chapter, the superintendent shall publish the call of the special election. Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his name placed in a column under the name of his party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. Section 10 . Said title is further amended by striking Code Section 21-3-53, relating to the date of special municipal elections, which reads as follows: 21-3-53. The date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality., and inserting in its place a new Code Section 21-3-53 to read as follows: 21-3-53. A special primary or election may be held at the time of a general primary or election. If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary or election, the candidates and questions in such special primary or election may be included on the ballot for such general primary or election. Section 11 . Said title is further amended by striking subsection (b) of Code Section 21-3-90, relating to the filing of a pauper's affidavit in certain municipal elections, and inserting in its place a new subsection (b) to read as follows: (b) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his poverty and his resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, Page 250 assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The election superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. Section 12 . Said title is further amended by striking paragraph (6) of Code Section 21-3-210, relating to definitions regarding voting machines and vote recorders, which reads as follows: (6) `Tabulating machine' shall be limited to precinct ballot counters for the purpose of examination and approval by the Secretary of State., and inserting in its place a new paragraph (6) to read as follows: (6) Reserved. Section 13 . Said title is further amended by striking subsection (a) of Code Section 21-3-140, relating to procedures regarding change of residence, and inserting in its place a new subsection (a) to read as follows: (a) In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing; and the board shall place such person's name on the proper list of electors. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the municipality which is different from the Page 251 address contained on the person's registration card. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact 30 days prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. Section 14 . Said title is further amended by adding a new subsection describing a criminal penalty at the end of Code Section 21-3-322, relating to campaign literature, to be designated subsection (c), to read as follows: (c) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Section 15 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. Page 252 FACSIMILE MESSAGESUNSOLICITED COMMERCIAL MESSAGES PROHIBITED. Code Section 46-5-25 Enacted. No. 960 (House Bill No. 1181). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, so as to prohibit the telephonic transmission of certain unsolicited commercial facsimile messages; to provide for exceptions; to define criminal offenses and provide for criminal penalties; to provide for civil enforcement by the Public Service Commission and local exchange companies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service in general, is amended by adding at the end thereof a new Code Section 46-5-25 to read as follows: 46-5-25. (a) As used in this Code section, the term `telefacsimile' shall refer to any process by which electronic signals are transmitted by any telephone system for conversion into written text. (b) It shall be unlawful for any person to initiate the transmission of, employ or direct another person to initiate the transmission of, or contract for the initiation of the transmission of an unsolicited facsimile message for the commercial purpose of advertising or offering the sale, lease, rental, or gift of any goods, services, or real or personal property. (c) (1) Subsection (b) of this Code section shall not apply where the recipient has consented to the receipt of one or more telefacsimile messages or where there exists a prior contractual or business relationship between the recipient and the initiator or the initiator's principal. Page 253 (2) The exception provided for in paragraph (1) of this subsection shall not apply where the recipient has notified the initiator or the initiator's principal that the recipient does not wish to receive further telefacsimile messages from the initiator or the initiator's principal. (d) Any person who violates this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Each transmission of a facsimile message in violation of this Code section shall constitute a separate offense. (e) The commission is charged with the responsibility of civil enforcement of this Code section and the commission shall require local exchange companies to file with the commission appropriate tariff revisions to implement this subsection. Any person who violates the provisions of this Code section shall be subject to disconnection of telephone service if the violation does not cease within ten days from the date of notification to such person by the local exchange company; and the tariff revisions filed by local exchange companies shall provide for the giving of such notification by local exchange companies and for such disconnection of service. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. Page 254 COUNTIES AND MUNICIPAL CORPORATIONSMULTIYEAR INSTALLMENT PURCHASE CONTRACTS. Code Section 36-60-14 Enacted. No. 961 (House Bill No. 1207). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multiyear installment purchase contracts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code Section 36-60-14 to read as follows: 36-60-14. Each county or municipality in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the county or municipality in the event that the contract is not fully consummated. 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, 1990. Page 255 MOTOR VEHICLESLENGTH RESTRICTIONS ON AUTOMOBILE CARRIERS. Code Section 32-6-24 Amended. No. 962 (House Bill No. 1235). AN ACT To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to change the length restrictions relative to certain vehicles; 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 lengths of vehicles and loads, is amended by striking paragraph (3) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to automobile carriers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. Page 256 PROPERTYMORTGAGE OR BILL OF SALE TO SECURE DEBT; PUBLIC UTILITIES. Code Section 44-14-35.1 Amended. No. 963 (House Bill No. 1282). AN ACT To amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to clarify and make explicit that electric membership corporations may validly encumber after-acquired property by means of deeds to secure debt pursuant to said article; to provide for the effect of certain recorded instruments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, is amended by striking in its entirety Code Section 44-14-35.1, relating to property covered by mortgage or bill of sale to secure debt generally, and inserting in lieu thereof a new Code Section 44-14-35.1 to read as follows: 44-14-35.1. A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. Provided, however, any public utility company, whether or not incorporated, including, without limitation, any corporation organized under or governed by the provisions of Article 4 of Chapter 3 of Title 46, may by mortgage, bill of sale to secure debt, deed to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein; and any such instrument when recorded as provided by law shall constitute notice from the time it is filed Page 257 for record and shall have priority (subject to purchase money incumbrances) as against the interests of third parties with respect to after-acquired property from the time such property is acquired. 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, 1990. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS. Code Title 14 Amended. No. 964 (House Bill No. 1361). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions of terms used in the Georgia Business Corporation Code; to change the provisions relating to the publication of notices; to change the provisions relating to the general powers of business corporations; to change the provisions relating to quorums and voting by boards of directors; to change the provisions relating to reservation of a corporate name; to change certain time periods; to change the provisions relating to the exercise of a compulsory purchase right; to change the provisions relating to shareholder agreements; to change the provisions relating to special terms and powers of directors; to change the provisions relating to the effect of termination of statutory close corporation status; to provide for the inclusion of certain powers and duties in bylaws adopted by the shareholders or agreements among all the shareholders; to change the provisions relating to shareholders' options to dissolve a corporation; to change the Page 258 provisions relating to ordinary relief; to provide for cancellation or alteration of provisions in agreements among the shareholders; to change the provisions relating to articles or certificates of merger or share exchange; to change the provisions relating to corporate bylaws increasing the quorum or voting requirement for shareholders; to provide for bylaws in effect on a certain date; to change the provisions relating to the effect of a merger or share exchange; to provide for rights provided in plans of merger or share exchange; to change the definition of the term business combination; to change the provisions relating to business combinations with interested shareholders; to change certain cross-references; to change the provisions relating to a corporation's failure to take action relating to exercise of dissenters' rights; to change the procedures for the exercise of dissenters' rights if a shareholder is dissatisfied with the corporation's offer; to change the provisions relating to dissenters waiving their rights to demand payment unless notification is made within certain time limits; to change the provisions relating to articles of dissolution; to change the provisions relating to the procedure for and effect of administrative dissolution; to change the provisions relating to decrees of dissolution; to change the provisions relating to the consequences of a foreign corporation's transacting business in this state without authority; to provide for civil penalties; to change the provisions relating to service of process on a foreign corporation; to change the provisions relating to publication of a notice of intent to file articles of incorporation for a nonprofit corporation; to change the provisions relating to the certificate verifying the request for publication of a notice of intent to change the corporate name of a nonprofit corporation and the form of notice in the newspaper; to change the provisions relating to articles of merger or consolidation of nonprofit corporations and publication of a notice of intent related thereto; to change the provisions relating to filing articles of dissolution of a nonprofit corporation; to repeal certain provisions relating to fees for publication of notices under the Georgia Nonprofit Corporation Code; to change the provisions relating to continuation of the business of a partnership after withdrawal or death of a partner; to change the provisions relating to the partnership names of limited partnerships; to change the provisions relating to reservation of a name for a limited partnership; to change certain time periods; to correct cross-references; to correct stylistic, grammatical, and other errors; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 259 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraph (16) of Code Section 14-2-140, relating to definitions of terms used in 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 or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the `Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 or any successor provision. Section 2 . Said title is further amended by striking subsection (a) 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 (a) to read as follows: (a) Together with the articles of incorporation, the incorporator or incorporators shall deliver to the Secretary of State a certificate executed by an incorporator, or any person undertaking such request on behalf of the corporation, verifying that the request for publication of a notice of intent to file the articles of incorporation and payment therefor have been made as required by subsection (b) of this Code section. Section 3 . Said title 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. Every corporation has perpetual duration and succession in its corporate name, unless its articles of incorporation adopted on or after April 1, 1969, or an amendment thereto adopted on or after April 1, 1969, provides otherwise. Unless its articles of incorporation provide otherwise, every corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation power: Page 260 (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; (10) To conduct its business, locate offices, and exercise the powers granted by this chapter within or without this state; Page 261 (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 4 . Said title is further amended by striking subsection (a) of Code Section 14-2-402, relating to a reserved name of a corporation, and inserting in lieu thereof a new subsection (a) to read as follows: (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 Page 262 finds that the corporate name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 90 day period. Section 5 . Said title is further amended by adding at the end of Code Section 14-2-824, relating to quorums and voting by boards of directors, a new subsection (e) to read as follows: (e) If a written agreement meeting the requirements of Code Section 14-2-731 provides that any directors shall have more or less than one vote on any matter, every reference in this chapter to a majority or other proportion of directors shall refer to a majority or other proportion of the votes of directors. Section 6 . Said title is further amended by striking subsection (d) of Code Section 14-2-915, relating to exercise of compulsory purchase rights, and inserting in lieu thereof a new subsection (d) to read as follows: (d) A corporation agreeing to purchase shares under this Code section may allocate some or all of the shares pro rata to those of its shareholders who desire to purchase the shares unless all of the shareholders who desire to purchase approve a different allocation to the shareholders or to other persons. If the corporation has more than one class or series of shares, however, the remaining holders of the class or series of shares being purchased are entitled to a first option to purchase the shares not purchased by the corporation in proportion to their shareholdings or in some other proportion agreed to by all the shareholders participating in the purchase. Section 7 . Said title is further amended by striking subsection (e) of Code Section 14-2-915, relating to the exercise of a compulsory purchase right, and inserting in lieu thereof a new subsection (e) to read as follows: (e) If price and other terms of a compulsory purchase of shares are fixed or are to be determined by the articles of incorporation, bylaws, or a written agreement, the price and terms so fixed or determined govern the compulsory purchase unless the purchaser defaults, in which event the seller is entitled to commence a proceeding for dissolution under Code Section 14-2-916. Page 263 Section 8 . Said title is further amended by striking subsections (e) and (h) of Code Section 14-2-920, relating to shareholder agreements, and inserting in lieu thereof new subsections (e) and (h) to read as follows: (e) A provision entitling one or more shareholders to dissolve the corporation under Code Section 14-2-933 is effective only if a statement of this right is contained in the articles of incorporation, a bylaw adopted by the shareholders, or an agreement among all the shareholders. (h) If the articles of incorporation, a bylaw adopted by the shareholders, or an agreement among all the shareholders provides that directors elected by the holders of a class or series of shares shall have more or less than one vote per director on any matter, every reference in this chapter to a majority or other proportion of directors shall refer to a majority or other proportion of the votes of such directors. Section 9 . Said title 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 or a bylaw adopted by the shareholders. The terms of office and voting powers of the directors elected in the manner so provided in the articles of incorporation or a bylaw adopted by the shareholders may be greater than or less than those of any other director or class of directors. Section 10 . Said title is further amended by striking subsection (b) of Code Section 14-2-932, relating to the effect of termination of statutory close corporation status, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Termination of statutory close corporation status does not affect any right of a shareholder or of the corporation Page 264 under an agreement, the bylaws, or the articles of incorporation unless this article, this chapter, or another law of this state invalidates the right. Section 11 . Said title is further amended by striking subsection (b) of Code Section 14-2-933, relating to shareholders' options to dissolve a corporation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Unless the articles of incorporation, bylaws adopted by the shareholders, or any agreement among all the shareholders provides otherwise, an amendment to the articles of incorporation, bylaws adopted by the shareholders, or any agreement among all the shareholders to add, change, or delete the authority to dissolve described in subsection (a) of this Code section must be approved by the holders of all the outstanding shares, whether or not otherwise entitled to vote on amendments, or, if no shares have been issued, by all the subscribers for shares, if any, or, if none, by all the incorporators. Section 12 . Said title is further amended by striking subsection (a) of Code Section 14-2-941, relating to ordinary relief, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If the court finds that one or more of the grounds for relief described in subsection (a) of Code Section 14-2-940 exist, it may order one or more of the following types of relief: (1) The performance, prohibition, alteration, or setting aside of any action of the corporation or of its shareholders, directors, or officers or of any other party to the proceeding; (2) The cancellation or alteration of any provision in the corporation's articles of incorporation, bylaws, or agreement among the shareholders; (3) The removal from office of any director or officer; (4) The appointment of any individual as a director or officer; Page 265 (5) An accounting with respect to any matter in dispute; (6) The appointment of a custodian to manage the business and affairs of the corporation; (7) The appointment of a provisional director (who has all the rights, powers, and duties of a duly elected director) to serve for the term and under the conditions prescribed by the court; (8) The payment of dividends; (9) The award of damages to any aggrieved party. Section 13 . Said title is further amended by striking subsection (a) of Code Section 14-2-1006.1, relating to publication of notice of change of name, and inserting in lieu thereof a new subsection (a) to read as follows: (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, or any person undertaking such request on behalf of the 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. Section 14 . Said title is further amended by striking subsection (a) of Code Section 14-2-1021, relating to a corporate bylaw increasing the quorum or voting requirement for shareholders, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A bylaw adopted by the shareholders may fix a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter. A bylaw in effect on July 1, 1989, fixing a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter shall remain valid until amended or repealed as provided in subsection (b) of this Code section. Page 266 Section 15 . Said title is further amended by striking subsection (b) of Code Section 14-2-1105, relating to articles or certificates 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; (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; (5) If shareholder approval was not required, a statement to that effect; and (6) If approval of the shareholders of one or more corporations party to the merger or share exchange was required, a statement that the merger or share exchange was duly approved by the shareholders. Section 16 . Said title is further amended by striking subsection (a) of Code Section 14-2-1105.1, relating to publication of notice of merger or share exchange, and inserting in lieu thereof a new subsection (a) to read as follows: Page 267 (a) Together with the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall deliver to the Secretary of State a certificate executed by an officer of such corporation, or any person undertaking such request on behalf of the corporation, verifying that the request for publication of a notice of intent to file the articles or certificate of merger or share exchange and payment therefor have been made as required by subsection (b) of this Code section. Section 17 . Said title is further amended by striking Code Section 14-2-1106, relating to the effect of a merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1106 to read as follows: 14-2-1106. (a) When a merger takes effect: (1) Every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases; (2) The title to all real estate and other property owned by each corporation party to the merger is vested in the surviving corporation without reversion or impairment; (3) The surviving corporation has all liabilities of each corporation party to the merger; (4) A proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; (5) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; and (6) The shares of each corporation party to the merger that are to be converted into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property are converted and the former holders of the shares are entitled only to the rights provided in the Page 268 plan of merger or to their rights under Article 13 of this chapter. (b) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the plan of share exchange or to their rights under Article 13 of this chapter. Section 18 . Said title is further amended by striking paragraph (2) of Code Section 14-2-1131, relating to definitions of terms relating to business combinations with interested stockholders, and inserting in lieu thereof a new paragraph (2) to read as follows: (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 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; Page 269 (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; (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 Page 270 through the resident domestic corporation or any of its subsidiaries; or (G) Any share exchange with (i) any interested shareholder or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the share exchange would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction; Section 19 . Said title 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 time that such shareholder became an interested shareholder, unless: (1) Prior to such time 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) any employee stock plan under which participants do not have the right (as determined exclusively by reference to the terms of such plan and any trust which is part of such plan) to determine confidentially the extent to which shares held under such plan will be tendered in a tender or exchange offer; or Page 271 (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) any employee stock plan under which participants do not have the right (as determined exclusively by reference to the terms of such plan and any trust which is part of such plan) to determine confidentially the extent to which shares held under such 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) any employee stock plan under which participants do not have the right (as determined exclusively by reference to the terms of such plan and any trust which is part of such plan) to determine confidentially the extent to which shares held under such plan will be tendered in a tender or exchange offer. Section 20 . Said title is further amended by striking subsection (b) of Code Section 14-2-1326, relating to a corporation's failure to take action relating to exercise of dissenters' rights, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If, after returning deposited certificates and releasing transfer restrictions, the corporation takes the proposed action, it must send a new dissenters' notice under Code Section 14-2-1322 and repeat the payment demand procedure. Section 21 . Said title is further amended by striking subsection (b) of Code Section 14-2-1327, relating to procedure if a shareholder is dissatisfied with the corporation's offer, and inserting in lieu thereof a new subsection (b) to read as follows: Page 272 (b) A dissenter waives his right to demand payment under this Code section unless he notifies the corporation of his demand in writing under subsection (a) of this Code section within 30 days after the corporation offered payment for his shares, as provided in Code Section 14-2-1325. Section 22 . Said title is further amended by striking subsection (a) of Code Section 14-2-1403.1, relating to publication of notice of intent to dissolve, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation, or any person undertaking such request on behalf of the corporation, verifying that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor have been made as required by subsection (b) of this Code section. Section 23 . Said title is further amended by striking subsection (a) of Code Section 14-2-1408, relating to articles of dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If a notice of intent to dissolve under Code Section 14-2-1403 has not been revoked, when all known debts, liabilities, and obligations of the corporation have been paid and discharged, or adequate provision made therefor, the corporation may dissolve by delivering to the Secretary of State for filing articles of dissolution setting forth: (1) The name of the corporation; (2) The date on which a notice of intent to dissolve was filed and a statement that it has not been revoked; (3) A statement that all known debts, liabilities, and obligations of the corporation have been paid and discharged, or that adequate provision has been made therefor; (4) A statement that all remaining property and assets of the corporation have been distributed among its shareholders Page 273 in accordance with their respective rights and interests, or that adequate provision has been made therefor, or that such property and assets have been deposited with the Department of Administrative Services as provided in Code Section 14-2-1440; and (5) A statement that there are no actions pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending action. Section 24 . Said title is further amended by striking subsection (c) of Code Section 14-2-1421, relating to the procedure for and effect of administrative dissolution, and inserting in lieu thereof a new subsection (c) to read as follows: (c) A corporation administratively dissolved continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Code Section 14-2-1405. Winding up the business of a corporation administratively dissolved may include the corporation's proceeding, at any time after the effective date of the administrative dissolution, (1) in accordance with Code Section 14-2-1406 to notify known claimants, and (2) to mail or deliver, with accompanying payment of the cost of publication, a notice containing the information specified in subsection (b) of Code Section 14-2-1407 for publication in accordance with subsection (b) of Code Section 14-2-1403.1. Upon such notice, claims against the administratively dissolved corporation will be limited as specified in Code Sections 14-2-1406 and 14-2-1407, respectively. Section 25 . Said title is further amended by striking subsection (b) of Code Section 14-2-1433, relating to decrees of dissolution, and inserting in lieu thereof a new subsection (b) to read as follows: (b) After entering the order of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Code Section 14-2-1405. Winding up the business of a corporation judicially dissolved may include the corporation's proceeding, after the date Page 274 of the order of dissolution, (1) in accordance with Code Section 14-2-1406 to notify known claimants, and (2) to mail or deliver, with accompanying payment of the cost of publication, a notice containing the information specified in subsection (b) of Code Section 14-2-1407 for publication in accordance with subsection (b) of Code Section 14-2-1403.1. Upon such notice, claims against the dissolved corporation will be limited as specified in Code Sections 14-2-1406 and 14-2-1407, respectively. Section 26 . Said title is further amended by striking Code Section 14-2-1502, relating to consequences of a foreign corporation's transacting business without authority, and inserting in lieu thereof a new Code Section 14-2-1502 to read as follows: 14-2-1502. (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) Each foreign corporation that has not obtained a certificate of authority within 30 calendar days after the first day on which it transacts business in this state shall be liable for the civil penalty set out in Code Section 14-2-122 for each year or part thereof during which it so transacts business. Such civil penalty shall be in addition to other consequences set out in this Code section and shall be collected without discretion by the Secretary of State. (c) 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. (d) Notwithstanding subsections (a), (b), and (c) 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. Page 275 Section 27 . Said title is further amended by striking subsection (b) of Code Section 14-2-1510, relating to service of process on a foreign corporation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If a foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration. Any party that serves a foreign corporation in accordance with this subsection shall also serve a copy of the process upon the Secretary of State. Section 28 . Said title is further amended by striking Code Section 14-3-132, relating to publication of a notice of intent to file articles of incorporation for a nonprofit corporation, which reads 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: (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 Page 276 (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), 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 notice to the publisher of the newspaper shall be 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 Nonprofit Corporation Code. The initial registered office of the corporation will be located at(address of the registered office) and its initial registered agent at such address is.' Section 29 . Said title is further amended by striking subsection (b) of Code Section 14-3-153, relating to the certificate verifying the request for publication of a notice of intent to change the corporate name of a nonprofit corporation and the form of notice in the newspaper, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Prior to filing any articles of amendment which change the name of the corporation, the corporation shall mail Page 277 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 article of amendment which will change the name of(present corporate name) to(proposed corporate name) will be delivered to the Secretary of State for filing in accordance with the Georgia 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 or the change of the name of the corporation. Section 30 . Said title is further amended by striking subsection (c) of Code Section 14-3-173, relating to articles of merger or consolidation of nonprofit corporations, which reads 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: Page 278 (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 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 merging or consolidating corporations or their representative), 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 in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that Page 279 the notice to the publisher of the newspaper shall be in substantially the following form: `NOTICE OF (MERGER) (CONSOLIDATION) Notice is given that articles or a certificate of (merger) (consolidation) by and between(name and state of incorporation of each of the constituent corporations) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the (surviving corporation in the merger) (new corporation resulting from the consolidation) will be, a corporation incorporated in the State of. The registered office of such corporation (is) (will be) located at(address of registered office) and its registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' Section 31 . Said title is further amended by striking subsections (a) and (d) of Code Section 14-3-216, relating to filing articles of dissolution of a nonprofit corporation, and inserting in lieu thereof new subsections (a) and (d) to read as follows: (a) The corporation shall deliver the original articles of dissolution and two conformed copies of said articles to the Secretary of State for filing as provided in Code Section 14-3-5. (d) If the Secretary of State finds that the articles of dissolution appear to be in proper form for filing and are accompanied by the other items required by subsection (b) of this Code section, he shall, in addition to the requirements of Code Section 14-3-5: (1) Issue a certificate of dissolution which shall state that the corporation has been dissolved by the filing of articles of dissolution in the office of the Secretary of State and the fees paid therefor, as provided by law, and attach the certificate to one conformed copy of the articles of dissolution; Page 280 (2) Return said certificate of dissolution with the conformed copy of the articles of dissolution attached thereto to the corporation or its representative. A copy of the certificate of dissolution shall be attached to the original articles of dissolution; and (3) Forward a conformed copy of the articles of dissolution, with a copy of the certificate of dissolution attached thereto, along with the check, draft, or money order provided for in paragraph (1) of subsection (b) of this Code section, to the clerk of the superior court in the county where the registered office of the corporation is located, within four business days after the articles of dissolution have been delivered to the Secretary of State for filing. Section 32 . Said title is further amended by striking Code Section 14-3-293, relating to fees for publication of notices, which reads as follows: 14-3-293. The fee to be allowed to publishers for publishing any notice required under this chapter shall be $15.00 for each insertion., and inserting in lieu thereof the following: 14-3-293. Reserved. Section 33 . Said title is further amended by striking Code Section 14-8-42, relating to continuation of the business of a partnership after withdrawal or death of a partner, and inserting in lieu thereof a new Code Section 14-8-42 to read as follows: 14-8-42. When any partner withdraws or dies, and the business is continued under any of the conditions set forth in subsection (a) of Code Section 14-8-41 or paragraph (2) of subsection (b) of Code Section 14-8-38, without any settlement of accounts as between the withdrawn partner or the legal representative of the estate of a deceased partner and the persons or partnership continuing the business, unless otherwise agreed: (1) Such persons or partnership shall obtain the discharge of the withdrawn partner or the legal representative of the estate of the deceased partner, or appropriately hold Page 281 him harmless from all present or future partnership liabilities, and shall ascertain the value of his interest at the date of dissolution; and (2) The withdrawn partner or legal representative of the estate of the deceased partner shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership, provided that the creditors of the dissolved partnership as against the separate creditors, or the representative of the withdrawn or deceased partner, shall have priority on any claim arising under this Code section, as provided by subsection (d) of Code Section 14-8-41. Section 34 . Said title is further amended by striking subsection (a) of Code Section 14-9-102, relating to the partnership names of limited partnerships, and inserting in lieu thereof a new subsection (a) 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 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. Section 35 . Said title is further amended by striking subsection (a) of Code Section 14-9-103, relating to reservation of a Page 282 name for a limited partnership, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A person may apply to reserve the use of a limited partnership name under Code Section 14-9-102. If the 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 90 day period. Section 36 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 37 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. STATE BOARD OF RECREATION EXAMINERSTERMINATION DATE. Code Section 43-41-20 Amended. No. 965 (House Bill No. 1408). 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 Page 283 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, 1992, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. DEPARTMENT OF PUBLIC SAFETYQUALIFICATIONS FOR APPOINTMENT TO UNIFORM DIVISION. Code Section 35-2-43 Amended. No. 966 (Senate Bill No. 262). AN ACT To amend Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain qualifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 284 Section 1 . Code Section 35-2-43 of the Official Code of Georgia Annotated, relating to persons eligible for appointment to or enlistment in the Uniform Division of the Department of Public Safety, 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) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age nor more than 36 years of age at the time of appointment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. STATE BOARD OF DISPENSING OPTICIANSTERMINATION DATE. Code Section 43-29-22 Amended. No. 967 (Senate Bill No. 573). AN ACT To amend Chapter 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, so as to change the provisions relating to the termination of the State Board of Dispensing Opticians and the repeal of the laws relating thereto; 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 29 of Title 43 of the Official Code of Georgia Annotated, relating to dispensing opticians, is amended by Page 285 striking Code Section 43-29-22, relating to the termination of the State Board of Dispensing Opticians, and inserting in its place a new Code section to read as follows: 43-29-22. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Dispensing Opticians shall be terminated on July 1, 1996, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. ASBESTOS LICENSING BOARDTERMINATION DATE. Code Section 12-12-16 Amended. No. 968 (Senate Bill No. 620). AN ACT To amend Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the Georgia Asbestos Safety Act, so as to change the termination or sunset date of the Act; to provide for the continuation of said Act and the Asbestos Licensing Board for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 286 Section 1 . Chapter 12 of Title 12 of the Official Code of Georgia Annotated, the Georgia Asbestos Safety Act, is amended by striking Code Section 12-12-26 in its entirety and inserting in lieu thereof a new Code Section 12-12-26 to read as follows: 12-12-26. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Asbestos Licensing Board shall be terminated on April 1, 1996, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1990. MUNICIPAL CORPORATIONSORDINANCES; CONTRACTS; MUNICIPALITIES OF 400,000 OR MORE. Code Section 36-30-3 Amended. No. 975 (Senate Bill No. 706). AN ACT To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, so as to permit the governing authority of any municipal corporation in 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 authorize the mayor to execute certain contracts on behalf of such municipal corporation with public or private entities to support certificates of participation in a Page 287 principal amount of not more than $100 million, for periods not exceeding 50 years and for valuable consideration with respect to property or facilities used for criminal justice purposes and located within the downtown development area of such municipal 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 . Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a council which may not bind succeeding councils, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) (1) 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 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 Page 288 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.' (2) The governing authorities of any municipal corporation in this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census may authorize the mayor to execute contracts on behalf of such municipal corporation for periods not exceeding 50 years and for valuable consideration with public or private entities to support certificates of participation in a principal amount of not more than $100 million, which contracts shall be for the development, construction, leasing, subleasing, maintenance, or management of property or facilities used for criminal justice purposes and located within the downtown development area of such municipal corporation as defined in paragraph (3) of Code Section 36-42-3 and shall be binding on such municipal corporation and such authorities and their successors. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 289 REVENUE AND TAXATIONAD VALOREM TAX; ALTERNATIVE DATE FOR INTEREST ON TAXES DUE A COUNTY. Code Section 48-5-150 Amended. No. 1054 (House Bill No. 776). AN ACT To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to change the provisions relating to alternative dates and provisions for interest and final settlements of ad valorem taxes; to provide that the governing authority of any county, with the approval of the tax collector or tax commissioner, may provide by resolution that all taxes due the state or the county remaining unpaid either on November 15 or December 1 of each year as specified in such resolution shall bear interest; to provide for reports and settlements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by striking Code Section 48-5-150, relating to alternative provisions for interest and final settlements, and inserting in lieu thereof a new Code Section 48-5-150 to read as follows: 48-5-150. (a) The governing authority of any county, with the approval of the tax collector or tax commissioner, may provide by resolution that all taxes due the state or the county remaining unpaid either on November 15 or December 1 in each year as specified in such resolution shall bear interest at the rate especified in Code Section 48-2-40 from the date specified in the resolution. The tax collector or tax commissioner shall collect the interest on the unpaid taxes and account for such interest in his final settlement. (b) On the date specified in the resolution in each year in the counties in which the governing authority, with the approval of the tax collector or tax commissioner, has changed the Page 290 date on which state and county taxes are due, the tax collector or tax commissioner shall furnish to the commissioner and to the county governing authority a report showing the amount of state taxes and the amount of county taxes remaining unpaid on the tax digest. Every 30 days thereafter until a final settlement is made with both the state and the county, the tax collector or tax commissioner shall furnish to the commissioner and the county governing authority a report showing the amount of state taxes collected and the amount of county taxes collected after the date specified in the resolution to the date of rendering the report. Each report shall show also the amount of interest collected from delinquent or defaulting taxpayers. (c) Each tax collector or tax commissioner in counties in which the governing authority, with the approval of the tax collector or tax commissioner, has changed the date on which state and county taxes are due shall make final settlements with both the state and the county within four months after the date specified in the resolution of the year in which the taxes become due, unless the time for the settlement is extended by the commissioner as authorized by Code Section 48-5-154. Upon failure of any tax collector or tax commissioner to make final settlement within the time provided in this subsection, the tax collector or tax commissioner shall forfeit one-fourth of his commissions unless some good and sufficient reason rendering the making of the final settlement impossible is given. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 291 AD VALOREM ASSESSMENT REVIEW COMMISSIONMEMBERSHIP. Code Section 48-5-349 Amended. No. 1055 (House Bill No. 1206). AN ACT To amend Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, so as to provide that the appraiser member shall be certified by certain organizations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-349 of the Official Code of Georgia Annotated, relating to the composition of the Ad Valorem Assessment Review Commission, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) One member shall be an appraiser certified by the Society of Real Estate Appraisers, the National Society of Real Estate Appraisers, the National Association of Real Estate Appraisers, or the American Institute of Real Estate Appraisers;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 292 REVENUE AND TAXATIONPREFERENTIAL ASSESSMENT OF REAL PROPERTY DEVOTED TO AGRICULTURE. Code Section 48-5-7.1 Amended. No. 1056 (House Bill No. 1335). AN ACT To amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the date for filing an application for such preferential assessment, including certain covenant agreements; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential assessment of certain tangible real property devoted to bona fide agricultural purposes, is amended by striking subsection (k) and inserting in its place a new subsection (k) to read as follows: (k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such preferential assessment shall be first applicable. An application for continuation of preferential assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be Page 293 made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all taxable years beginning on or after January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. WORKERS' COMPENSATIONFARM LABORERS. Code Section 34-9-2.3 Enacted. No. 1057 (House Bill No. 1351). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that employers of farm laborers may elect to provide coverage for individuals employed as farm laborers; to provide for notices to be filed with the State Board of Workers' Compensation; to authorize the State Board of Workers' Compensation to provide the manner and form of such notices; to provide procedures to be followed before an employer may discontinue such coverage; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by adding immediately following Code Section 34-9-2.2, relating to the eligibility of a sole Page 294 proprietor or partner for workers' compensation insurance, a new Code section, to be designated Code Section 34-9-2.3, to read as follows: 34-9-2.3. Notwithstanding the provisions of subsection (a) of Code Section 34-9-2, relative to the exempt status of individuals employed as farm laborers, an employer of farm laborers may elect to provide workers' compensation coverage to individuals employed as farm laborers by giving written notice to the board in such manner and form as provided by rule of the board. Upon the filing of the notice with the board, the employer of farm laborers shall be deemed an employer for the purposes of this chapter and each individual employed as a farm laborer shall be deemed an employee for the purposes of this chapter. An employer of farm laborers who has filed a notice pursuant to this Code section shall not discontinue the provision of workers' compensation insurance coverage for individuals employed as farm laborers until the notice filed with the board is revoked in a manner to be specified by rule of the board and written notice is given to each affected employee in a manner to be specified by rule of the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. FIDUCIARIESANNUAL RETURNS OF FIDUCIARIES ADMINISTERING ESTATES. Code Section 53-7-180 Amended. No. 1058 (House Bill No. 1392). AN ACT To amend Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, so as to provide that the judge of the probate Page 295 court may change the reporting period; to provide that the judge of the probate court may accept and approve a return not covering the appropriate reporting period; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-7-180 of the Official Code of Georgia Annotated, relating to the annual returns of fiduciaries administering estates, is amended by designating the current text of Code Section 53-7-180 as subsection (a) and adding a new subsection (b) immediately following to read as follows: (b) The judge of the probate court, upon petition of the fiduciary or upon the judge's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the judge. In lieu of changing the reporting date, the judge of the probate court is authorized to accept and approve a return even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the judge, unless the judge also enters an order changing the reporting date. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 296 STATE TRANSPORTATION BOARDPER DIEM ALLOWANCE FOR MEMBERS. Code Section 32-2-20 Amended. No. 1059 (House Bill No. 1417). AN ACT To amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide changes in the number of days for which per diem is allowed for members of the State Transportation Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the State Transportation Board, is amended by striking in its entirety subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the road needs of the various counties within their respective districts except that no member shall receive compensation for road study when the number of study days exceeds 60 in the member's district in any one calendar year. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairman and signed by the secretary. Page 297 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. RETIRED MAGISTRATESAUTHORIZED TO PERFORM MARRIAGE CEREMONIES. Code Section 15-10-8 Enacted. No. 1060 (House Bill No. 1779). AN ACT To amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, so as to provide that certain retired magistrates be authorized to perform 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates and magistrate courts in general, is amended by adding at the end thereof a new Code Section 15-10-8 to read as follows: 15-10-8. A retired magistrate of a magistrate 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 Code section, a retired Page 298 magistrate of a magistrate court shall be one who has served not less than eight years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. CIVIL PRACTICELEVIES ON LAND. Code Section 9-13-13 Amended. No. 1061 (House Bill No. 1811). AN ACT To amend Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, so as to provide for delivery of certain notice by certified mail; to repeal conflicitng laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GOERGIA: Section 1 . Code Section 9-13-13 of the Official Code of Georgia Annotated, relating to written notice of certain levies on land, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail to Page 299 the tenant in possession and to the defendant if not in possession. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. WILLSRENOUNCEMENT OF SUCCESSION. Code Section 53-2-115 Amended. No. 1062 (House Bill No. 1834). AN ACT To amend Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, so as to provide that the document stating such renouncement shall be delivered to the transferor or his personal representative by hand delivery or by mail; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-2-115 of the Official Code of Georgia Annotated, relating to the renouncement of succession, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) The writing specified in subsection (a) of this Code section must be filed within nine months after the date the interest in property is transferred or within 12 months of the transfer if the transferee is a ward and a guardian has been appointed at the time of the transfer, or, if the taker of the property is not then finally ascertained, but in no event later than nine months after the event by which the taker or the interest is finally ascertained. The writing must be filed in the Page 300 court of the county in which proceedings concerning the decedent's estate are pending or in which they would be pending if commenced if the transferor is deceased and in the county in which the real property is located if such transfer is a transfer of real property. A copy of the writing shall also be delivered to the transferor, or to the personal representative of the decedent if the transferor is deceased, by hand delivery with a written acknowledgment of receipt or by first-class mail. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. CREDIT UNIONSINVESTMENT BY BUYING AND SELLING LOAN PARTICIPATIONS AUTHORIZED. Code Section 7-1-650 Amended. No. 1063 (Senate Bill No. 540). AN ACT To amend Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, so as to authorize the investment of certain funds of credit unions by the buying or selling of loan participations through certain financial institutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 7-1-650 of the Official Code of Georgia Annotated, relating to the powers of a credit union, is amended by striking subparagraph (D) of paragraph (4) in its entirety and inserting in its place a new subparagraph (D) to read as follows: Page 301 (D) By depositing its funds in banks, building and loan associations, savings and loan associations, and credit unions; by purchasing certificates of deposit and savings certificates which such financial institutions are authorized to issue; and by selling or purchasing federal or correspondent (daily) funds or loan participations through such financial institutions; subject to limitations prescribed in regulations issued by the department; and. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. BANKING AND FINANCESECURITIES BROKER OR DEALER RECEIVING FUNDS. Code Sections 7-1-241 and 7-1-242 Amended. No. 1064 (Senate Bill No. 601). AN ACT To amend Part 1 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, so as to provide that a securities broker or dealer shall not be deemed to be engaged in the business of receiving money for deposit or transmission with respect to certain business activities; to revise provisions relative to entities which may lawfully act as corporate fiduciaries; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to general matters regarding banks and trust companies, is amended by striking subsection (b) of Code Section 7-1-241, relating to restrictions on Page 302 engaging in the banking business, and inserting in its place a new subsection (b) to read as follows: (b) None of the following shall be deemed to be engaged in the business of receiving money for deposit or transmission within the meaning of subsection (a) of this Code section: (1) A club or hotel to the extent it receives money from members or guests for temporary safekeeping; (2) An express, steamship, or telegraph company to the extent it receives money for transmission; (3) An attorney at law, real estate agent, fiscal agent, insurance company, utility company, or any other person or corporation to the extent he or it receives and transmits money solely as an incident to a business or profession not governed by this chapter; (4) Persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial transactions resulting from and initiated at the point of the sale of goods or services; provided, however, no such person or corporation shall receive deposits or otherwise engage in the business of banking; or (5) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 to the extent that such securities broker or dealer: (A) Sells certificates of deposit or interest in certificates of deposit or other deposit instruments issued by a bank or savings association, provided such securities broker or dealer fully and fairly discloses at the time of solicitation and confirmation whether or not federal deposit insurance is available for that deposit instrument; (B) Purchases certificates of deposit or other deposit instruments issued by a bank or savings association for the account of the customer of such securities broker or dealer, provided such instruments are registered Page 303 in the name of the customer or the custodian of such customer on the books or other records of the issuing bank or savings association; or (C) Holds customer funds incidental to the purchase and sale of securities on behalf of such customer. Section 2 . Said part is further amended by striking subsection (a) of Code Section 7-1-242, relating to restrictions on corporate fiduciaries, and inserting in its place a new subsection (a) to read as follows: (a) No corporation, partnership, or other business association may lawfully act as a fiduciary except: (1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank located in this state authorized to act as a fiduciary under the laws of the United States; (4) A savings and loan association located in this state and authorized to act as a fiduciary under the laws of the United States; (5) Attorneys at law licensed to practice in this state, whether incorporated as a professional corporation or otherwise; (6) An investment adviser registered pursuant to the provisions of 15 U.S.C. 80b-3 or Code Section 10-5-3, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 acting Page 304 in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. FINANCIAL TRANSACTION CARDSFRAUD; CRIMINAL FACTORING OF RECORDS. Code Sections 16-9-30 and 16-9-33 Amended. Code Section 16-9-36.1 Enacted. No. 1065 (Senate Bill No. 615). AN ACT To amend Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, so as to define a certain term; to provide an editorial change; to further define the offense of financial transaction card fraud; to provide for the offense of criminal factoring of financial transaction card records; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to the illegal use of financial transaction cards, is amended by striking Code Section 16-9-30, relating to definitions, and inserting in its place a new Code Section 16-9-30 to read as follows: 16-9-30. As used in this article, the term: (1) `Acquirer' means a business organization, financial institution, or an agent of a business organization or Page 305 financial institution that authorizes a merchant to accept payment by financial transaction card for money, goods, services, or anything else of value. (2) `Automated banking device' means any machine which when properly activated by a financial transaction card and personal identification code may be used for any of the purposes for which a financial transaction card may be used. (3) `Cardholder' means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer. (4) `Expired financial transaction card' means a financial transaction card which is no longer valid because the term for which it was issued has elapsed. (5) `Financial transaction card' or `FTC' means any instrument or device, whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder: (A) In obtaining money, goods, services, or anything else of value; (B) In certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business; or (C) In providing the cardholder access to a demand deposit account, savings account, or time deposit account for the purpose of: (i) Making deposits of money or checks therein; (ii) Withdrawing funds in the form of money, money orders, or traveler's checks therefrom; Page 306 (iii) Transferring funds from any demand deposit account, savings account, or time deposit account to any other demand deposit account, savings account, or time deposit account; (iv) Transferring funds from any demand deposit account, savings account, or time deposit account to any credit card accounts, overdraft privilege accounts, loan accounts, or any other credit accounts in full or partial satisfaction of any outstanding balance owed existing therein; (v) For the purchase of goods, services, or anything else of value; or (vi) Obtaining information pertaining to any demand deposit account, savings account, or time deposit account. (6) `Issuer' means the business organization or financial institution or its duly authorized agent which issues a financial transaction card. (7) `Personal identification code' means a numeric or alphabetical code, signature, photograph, fingerprint, or any other means of electronic or mechanical confirmation used by the cardholder of a financial transaction card to permit authorized electronic use of that financial transaction card. (8) `Presenting' means those actions taken by a cardholder or any person to introduce a financial transaction card into an automated banking device with or without utilization of a personal identification code or merely displaying or showing, with intent to defraud, a financial transaction card to the issuer or to any person or organization providing money, goods, services, or anything else of value or to any other entity. (9) `Receives' or `receiving' means acquiring possession of or control of or accepting a financial transaction card as security for a loan. Page 307 (10) `Revoked financial transaction card' means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer. Section 2 . Said article is further amended by striking subsections (d) through (g) of Code Section 16-9-33, relating to the offense of financial transaction card fraud, and inserting in their respective places new subsections (d) through (h) to read as follows: (d) A person commits the offense of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, employer, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38. (e) A cardholder commits the offense of financial transaction card fraud when he willfully, knowingly, and with an intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person submits verbally or in writing to the issuer or any other person any false notice or report of the theft, loss, disappearance, or nonreceipt of his financial transaction card and personal identification code. Conviction of the offense of financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38. (f) A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, agent, or employee, commits the offense of financial transaction card fraud. Conviction of the offense of Page 308 financial transaction card fraud as provided in this subsection shall be punishable as provided in subsection (b) of Code Section 16-9-38. (g) In any prosecution for violation of this Code section, the state is not required to establish and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. (h) For purposes of this Code section, revocation shall be construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card and personal identification code was issued. Notice of revocation shall be immediate when notice is given in person. The sending of a notice in writing by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be primafacie evidence that such notice was duly received after seven days from the date of deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail. Section 3 . Said article is further amended by adding immediately following Code Section 16-9-36, relating to the rebuttable presumption of the criminal receipt of goods and services fraudulently obtained, a new Code section, to be designated Code Section 16-9-36.1, to read as follows: 16-9-36.1. Any person who, without the acquirer's express authorization, employs or solicits an authorized merchant or any agent or employee of such merchant to remit to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such merchant, agent, or employee, commits the offense of criminal factoring of financial transaction card records. Conviction of criminal factoring Page 309 of financial transaction card records shall be punishable as provided in subsection (b) of Code Section 16-9-38. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. SUPERIOR COURT JUDGES RETIREMENT SYSTEMMANDATORY RETIREMENT AGE. Code Section 47-9-70 Amended. No. 1066 (Senate Bill No. 76). 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 certain judge of the superior court who became 75 years of age during a term of office shall have the right to serve during another term of office as a superior court judge and to remain a member of the retirement system during such additional term of office; to provide for other matters relative thereto; to provide conditions 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 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 (f) to read as follows: (f) Any other provisions of this or any other law to the contrary notwithstanding, any judge of the superior court who Page 310 was a member of the system during a term of office which ended on December 31, 1988, who became 75 years of age during such term of office, who was reelected to office at the nonpartisan election held on the date of the 1988 general election, and who had less than ten years of creditable service on December 31, 1988, shall have the right to retain membership in the system without forfeiting any rights under such system until obtaining ten years of creditable service or, at the option of the judge, until completing the term of office to which the judge was elected in 1988. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. HOSPITAL AUTHORITIESFUNCTIONS AND POWERS; NURSING AND HEALTH CARE EDUCATION. Code Section 31-7-75 Amended. No. 1067 (Senate Bill No. 229). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the Hospital Authorities Law, so as to provide for additional functions and powers of hospital authorities; to provide for related matters; to repeal conflicting laws; and for other purposes. Page 311 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, known as the Hospital Authorities Law, is amended by striking paragraphs (23) and (24) of Code Section 31-7-75, relating to functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (23), (24), and (25) to read as follows: (23) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond; (24) To provide management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services to another hospital authority, hospital, health care facility, as said term is defined in Chapter 6 of this title, person, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services from another such hospital authority, hospital, health care facility, person, firm, corporation, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions; and (25) To provide financial assistance to individuals for the purpose of obtaining educational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; and to provide services and financial assistance to private not for profit organizations in the form of grants and loans (with or without interest and secured or unsecured at the discretion of such authority), for any purpose related to the provision of health or medical services or Page 312 related social services to the citizens of the city, county, or the participating units creating such authority. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. PROBATE COURTSTRAINING OF JUDGES. Code Sections 15-9-1.1 and 47-11-70 Amended. No. 1068 (Senate Bill No. 445). 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 certain provisions relating to initial training and continued annual training for persons who serve as judges of the probate courts; to provide for the admonition of judges of the probate court who fail to complete certain training requirements; to provide for the reprimand of judges of the probate court who fail to complete certain training requirements within a specified time; to provide procedures; to provide for hearings before the Supreme Court; to provide for certain certificates to be filed with the Executive Probate Judges Council of Georgia; to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to repeal certain provisions relating to the exclusion of service with respect to years in which a judge of the probate court has not completed certain training heretofore required by law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 313 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 15-9-1.1, relating to required training courses for judges of the probate courts, and inserting in lieu thereof a new Code Section 15-9-1.1 to read as follows: 15-9-1.1. (a) Any person who is or was elected, appointed, or made a judge of the probate court by operation of law on or prior to January 1, 1990, shall satisfactorily complete the required initial training course in the performance of his duties conducted by the Institute of Continuing Judicial Education of Georgia and shall file a certificate of such training issued by such institute with the Executive Probate Judges Council of Georgia on or before December 31, 1990, in order to become a certified judge of the probate court. The time and place of such training course and number of hours shall be determined by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia. (b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, and who does not satisfactorily complete the initial training course prescribed by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia or who does not file a certificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the Executive Probate Judges Council of Georgia within one year after taking office as a judge of the probate court shall become a certified judge of the probate court upon completion of such requirements at any later time. (c) Each judge of the probate court shall be required to complete additional training prescribed by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia during each year he serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the Executive Probate Judges Council of Georgia. Page 314 (d) (1) Any judge who fails to earn the required cumulative annual minimal credit hours of training during any two-year period may be given a six-month administrative extension by the Executive Probate Judges Council of Georgia during which to fulfill this requirement. Upon failure to earn the required hours within the extension period, a private admonition shall issue from the Executive Probate Judges Council of Georgia with a copy of such admonition going to the Chief Justice of the Supreme Court. (2) Upon the failure of a judge to fulfill the training requirements during any three-year period, the Executive Probate Judges Council of Georgia shall notify such judge of probate court of the failure to meet the training requirements and conduct a show cause hearing. At the hearing, the council shall determine whether a reasonable excuse exists for the judge's failure. If the council determines the excuse was reasonable, it may grant an extension of up to six months within which all unfulfilled mandatory training hours, together with current requirements, must be met. If the council finds that there was no reasonable excuse for such failure, it shall issue a reprimand and send it to the Supreme Court for approval. Oral arguments may be heard under the rules of the Supreme Court. If the reprimand is approved by the Supreme Court, the reprimand shall be made public through posting at the courthouse in the county where the judge presides and publishing such reprimand once a week for a period of four consecutive weeks in the legal organ of the county. (e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority. Page 315 Section 2 . Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking and repealing in its entirety subsection (c), which reads as follows: (c) Notwithstanding any other provisions of law, a judge of the probate court may not include service for eligibility purposes for years in which the judge has not completed the training requirements set out in Code Section 15-9-1.1. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. SHERIFFS' RETIREMENT FUND OF GEORGIAMEMBERSHIP; PRIOR SERVICE; DUES. Code Sections 47-16-40, 47-16-43, and 47-16-100 Amended. No. 1069 (Senate Bill No. 455). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to change the provisions relating to application for membership in the fund; to increase the total payments necessary in order to claim certain prior service under certain conditions; to change the provisions relating to requirements for continued active membership in the fund; to change the amount of monthly dues to be paid into the fund by members; to change the provisions relating to eligibility for retirement benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 316 Section 1 . Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety paragraph (5) of Code Section 47-16-40, relating to application for membership in the fund, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) He must tender with the application, within 12 months from the date of that application, or at such other time as the board may provide, a sum equal to the total of $25.00 per month for credit claimed by him under paragraph (4) of this Code section for past service from and including January 1, 1961, through June 30, 1990, and a sum equal to the total of $30.00 per month for credit claimed by him under paragraph (4) of this Code section for past service from and including July 1, 1990, to the date of application; or if such amount is not paid by the due date, he shall be conclusively deemed to have waived his claim or right for credit for such period of time; or. Section 2 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 47-16-43, relating to requirements for continued active membership in the fund, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Pay to the secretary-treasurer membership dues of $25.00 per month for each month so served; provided, however, that, for service occurring after June 30, 1990, such required dues shall be $30.00 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and. Section 3 . Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 47-16-100, relating to eligibility for retirement benefits, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) He must have paid dues equal to the total of $25.00 per month during the entire four-year period, except that for Page 317 service occurring after June 30, 1990, such required dues shall be $30.00 per month;. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. MARINE TOILETS PROHIBITED ON LAKE BURTON, LAKE RABUN, AND SEED LAKE. Code Section 52-7-13 Amended. No. 1070 (Senate Bill No. 490). AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on certain lakes, so as to prohibit the operation of certain vessels on Lake Burton, Lake Rabun, and Seed Lake; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and restrictions as to motors to be used on certain lakes, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters Page 318 shall be prohibited on Lake Burton, Lake Rabun, and Seed Lake. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GEORGIA FOOD ACTADULTERATED FOOD; PESTICIDE RESIDUES. Code Section 26-2-26 Amended. No. 1071 (Senate Bill No. 516). 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 instances when food shall be deemed to be adulterated; to provide that food containing certain pesticide residues shall be deemed to be adulterated and unsafe; 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 26-2-26, relating to instances when food shall be deemed to be adulterated, and inserting in lieu thereof a new Code Section 26-2-26 to read as follows: 26-2-26. A food shall be deemed to be adulterated if: (1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if Page 319 the quantity of such substance in such food does not ordinarily render it injurious to health; (2) It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Code Section 26-2-27. In regard to pesticide residues, a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act or if it bears a residue of a pesticide for which no tolerance has been established or is currently in effect for that food, if such residue appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the Commissioner on the date of the assay; (3) It consists in whole or in part of a diseased or contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food; (4) It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; (5) It is the product of a diseased animal or an animal that has died otherwise than by slaughter or an animal that has been fed upon the uncooked offal from a slaughterhouse; (6) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; (7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom; (8) Any substance has been substituted wholly or in part therefor; (9) Damage or inferiority has been concealed in any manner; Page 320 (10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is; (11) It is confectionary and it bears or contains any alcohol or nonnutirtive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of 1 percent, harmless natural gum, and pectin, provided that this paragraph shall not apply to any confection containing less than one-half of 1 percent by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or (12) It bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. AGRICULTUREFARMERS' MARKETS. Code Sections 2-10-52 and 2-10-58 Amended. No. 1072 (Senate Bill No. 518). AN ACT To amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Marketing Act of 1981, so as to change the definition of the term farmers' market; to change the provisions relating to the rental or leasing of real property; to provide for the powers and duties of the Commissioner Page 321 of Agriculture; 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 2 of the Official Code of Georgia Annotated, known as the Georgia Marketing Act of 1981, is amended by striking paragraph (3) of Code Section 2-10-52, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Farmers' market' means any place within this state where farmers or producers may sell, bring or send to sell, exhibit, or transship agricultural products; or where buyers may come to buy, inspect, or transport agricultural products; or where such products may be processed or stored for sale, either at wholesale or retail. This term shall include all real and personal property, buildings, warehouses, storage facilities, barns, exhibition halls, and other structures, facilities, utilities, parking areas, streets, tracks, and other appurtenances and facilities, including, but not limited to, restaurants, service stations, and other like facilities of every kind and character used or useful at such place in promoting the buying, selling, or exchange of agricultural products. Use of such facilities shall not be limited to the buying, selling, or exchange of agricultural products so long as their use promotes the buying, selling, or exchange of such agricultural products as determined by the Commissioner. This definition shall include and not prohibit the sale of grocery items or other items commly sold or offered for sale in conjunction with the sale of agricultural products. Section 2 . Said article is further amended by [Illegible Text] subsection (a) of Code Section 2-10-58, relating to acquisition [Illegible Text] rental of real property, and inserting in lieu thereof a new section (a) to read as follows: (a) The Commissioner, acting for and on behalf of the department and in the name of the state, is authorized to: (1) Acquire, with the approval of the State Properties Commission, real property for the expansion, development, Page 322 operation, and maintenance thereon of farmers' markets; and (2) Rent as landlord or lease as lessor without public advertising or competitive bid real property under the custody of or under rental to the department and utilized as a farmers' market for a term (period of time) commencing on the date of the instrument and not exceeding 20 years and for such use and rental and on such other terms and conditions and to such persons or other entities as he believes, following his negotiation and investigation thereof, to be in the best interests of his office, the department, and the state. The power and authority to rent and lease shall include the power and authority to sublet and sublease. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. ALIEN CORPORATIONSREGISTRATION; ACQUIRING OF REAL PROPERTY; RICO ACT. Code Section 16-14-15 Amended. No. 1073 (Senate Bill No. 537). AN ACT To amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, so as to change the provisions relating to alien corporations acquiring of record any real property; to change the provisions relating to annual registrations of alien corporations and the filing and contents thereof; to provide for time limits; to provide for filing fees; to provide for notices, practices, and procedures; to repeal conflicting laws; and for other purposes. Page 323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 Code Section 16-14-15, relating to alien corporations acquiring of record any real property, and inserting in lieu thereof a new Code Section 16-14-15 to read as follows: 16-14-15. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation: (1) A registered office; and (2) A registered agent, which agent may be either: (A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State an annual registration setting forth: (1) The name of the alien corporation and the country under whose law it is incorporated; (2) The mailing address of the principal office of the alien corporation; (3) The name and mailing address of each officer and each director of the alien corporation; Page 324 (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice-president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the date the annual registration is executed on behalf of the corporation. (d) 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 a calendar year in which an alien corporation filed its initial application pursuant to subsection (a) of this Code section. 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. (e) For filing reports required pursuant to this Code section, the Secretary of State shall collect a filing fee as set out in Code Section 14-2-122 for the filing of annual registrations. (f) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic, foreign, or alien 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. (g) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section. (h) Each alien corporation that fails to file a report as required by subsection (c) of this Code section or fails to maintain a registered office and a registered agent as required by subsection (a) of this Code section shall not be entitled to own, purchase, or sell any real property and shall not be entitled to bring an action or defend in the courts of the state until such requirements have been complied with. Page 325 (i) 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 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. HEALTHSTERILIZATION PROCEDURES; CONSENT OF SPOUSE. Code Section 31-20-2 Amended. No. 1074 (Senate Bill No. 552). AN ACT To amend Chapter 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, so as to remove certain language from Code Section 31-20-2, relating to the performance of a sterilization procedure upon request; 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 20 of Title 31 of the Official Code of Georgia Annotated, relating to the performance of sterilization procedures, is amended by striking Code Section 31-20-2, relating to the performance of a sterilization procedure upon request, in its entirety and inserting in lieu thereof a new Code Section 31-20-2 to read as follows: Page 326 31-20-2. It shall be lawful for any physician to perform a sterilization procedure upon a person 18 years of age or over, or less than 18 years of age if legally married, provided that a request in writing is made by such person and provided, further, that prior to or at the time of such request a full and reasonable medical explanation is given by such physician to such person as to the meaning and consequence of such operation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GEORGIA SAFE DAMS ACT OF 1978EXEMPTIONS; CHANGE OF CLASSIFICATION; INSPECTION. Code Sections 12-5-372 and 12-5-375 Amended. No. 1075 (Senate Bill No. 563). AN ACT To amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Safe Dams Act of 1978, so as to change the date on which an exemption for certain dams shall expire; to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, so as to provide for certain notices concerning proposed permits to change the classification of a dam; to provide for inspections and determinations of compliance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Safe Dams Act of 1978, is amended by striking subparagraph Page 327 (B) of paragraph (4) of said Code section and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The word `dam' shall not include: (i) Any dam owned and operated by any department or agency of the United States government; (ii) Any dam constructed or financially assisted by the United States Soil Conservation Service or any other department or agency of the United States government when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam; provided, however, that this exemption shall cease on November 1, 1995, for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency; (iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (iv) Any dam classified by the director as a category II dam pursuant to Code Section 12-5-375, except that such category II dams shall be subject to the provisions of this part for the purposes of said Code Section 12-5-375 and for the purposes of subsection (b) of Code Section 12-5-376; or (v) Any artificial barrier which is not in excess of six feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-feet regardless of height. Section 2 . Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to the inventory and classification powers of the director with respect to dams, is amended by adding a new subsection (g) to read as follows: Page 328 (g) Before a permit to construct a structure of facility is issued by the governing authority of a local unit of government which would result in changing a Category II dam to a Category I dam, the local unit of government shall notify the owner of said dam by certified mail of the proposed permit. The owner of the dam may within ten days of the notice request the director to inspect said dam and determine whether or not said dam is in compliance. If the director determines the dam is not in compliance with Category I, both the owner and the local unit of government shall be notified in writing. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GEORGIA FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT. Code Title 4, Chapter 11, Article 2 Enacted. No. 1076 (Senate Bill No. 575). AN ACT To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to provide for a new article to be entitled the Georgia Farm Animal and Research Facilities Protection Act; to designate Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; to provide for definitions; to provide for certain offenses; to provide for exemptions for the Department of Agriculture or any other federal, state, and local departments or agencies and their employees, officials, and agents while in the performance of certain duties or the exercise of certain powers; to provide the penalties for such offenses; to provide for enforcement provisions; to provide that damages, punitive damages, court costs, and attorneys' fees may be recovered; to provide for injunctions and restraining orders; to preserve other rights not Page 329 specifically granted by said new article; 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 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by designating Code Sections 4-11-1 through 4-11-16 as Article 1 of said chapter; by striking the word chapter wherever such word appears in Code Sections 4-11-1 through 4-11-16 and inserting in lieu thereof the word article; and by inserting immediately following Code Section 4-11-16 a new Article 2 to read as follows: ARTICLE 2 4-11-30. This article shall be known and may be cited as the `Georgia Farm Animal and Research Facilities Protection Act.' 4-11-31. As used in this article, the term: (1) `Actor' means a person accused of any of the offenses defined in Code Section 4-11-32. (2) `Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. The term `animal' shall not include any animal held primarily as a pet. (3) `Animal facility' includes any vehicle, building structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. (4) `Commissioner' means the Commissioner of Agriculture. Page 330 (5) `Consent' means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not: (A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, or intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or (D) Given solely to detect the commission of an offense. (6) `Deprive' means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. (7) `Owner' means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor. (8) `Person' means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two or more persons having a joint or common interest, or other legal entity. (9) `Possession' means actual care, custody, control, or management. (10) `Property' means any real or personal property and shall include any document, record, research data, paper, or computer storage medium. (11) `State' means the State of Georgia. 4-11-32. (a) A person commits an offense if, without the consent of the owner, the person acquires or otherwise Page 331 exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of such facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility. (b) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds $500.00. (c) (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is $500.00 or less or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person: (A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection `notice' means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. Page 332 (d) This Code section shall not apply to, affect, or otherwise prohibit actions taken by the Department of Agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation. 4-11-33. (a) A person convicted of any of the offenses defined in subsections (a) and (b) of Code Section 4-11-32 shall be guilty of a felony and, upon conviction, shall be punished by a fine not to exceed $10,000.00 or by imprisonment for a term not to exceed three years, or both. (b) Any person violating subsection (c) of Code Section 4-11-32 shall be guilty of a misdemeanor. 4-11-34. For purposes of enforcing the provisions of this article, the Commissioner: (1) May investigate any offense under this article; (2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of such investigations; and (3) Shall coordinate such investigation, to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government. 4-11-35. (a) Any person who has been damaged by reason of a violation of this article may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. (b) In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this article is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction Page 333 or a temporary restraining order restraining or enjoining any person from violating or continuing to violate this article. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. (c) Nothing in this article shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. CORONERSTRAINING. Code Sections 45-16-6, 45-16-62, 45-16-65, and 45-16-66 Amended. No. 1077 (Senate Bill No. 595). AN ACT To amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to change the amount of annual training required for certified coroners; to amend Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as The Georgia Coroner's Training Council Act, so as to change the provisions relating to terms of office of the members of the Georgia Coroner's Training Council; to change the provisions relating to the powers and duties of the Georgia Coroner's Training Council; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 334 Section 1 . Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the participation by coroners in an annual training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows: 45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 24 hours provided by the Georgia Police Academy. Any coroner or deputy coroner on a fee system of compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the judge of the probate court. Section 2 . Article 3 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as The Georgia Coroner's Training Council Act, is amended by striking in its entirety subsection (a) of Code Section 45-16-62, relating to the establishment of the Georgia Coroner's Training Council, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is established a council which shall be known and designated as the `Georgia Coroner's Training Council' which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member, and five coroners appointed by the Board of Public Safety, three of whom will be selected from a list of five persons recommended by the Georgia Coroner's Association. The five coroners appointed shall serve for terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Upon the expiration of a member's term of office, such member shall continue to serve on the Page 335 council until his successor is appointed and qualified. Any person appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the Georgia Police Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy. Section 3 . Said article is further amended by striking in its entirety Code Section 45-16-65, relating to the powers and duties of the Georgia Coroner's Training Council, and inserting in lieu thereof a new Code Section 45-16-65 to read as follows: 45-16-65. The council is vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (3) To approve schools and to prescribe minimum qualifications for instructors at approved schools; (4) To issue a certificate of certification to any coroner satisfactorily complying with an approved training program; (5) To withdraw or suspend the certification of any coroner who has performed or is performing the duties of a coroner in violation of this chapter; (6) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and (7) To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing Page 336 the initial in-service, advanced, specialized, and continuing training courses for certification. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coroners, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to maintain the status of a certified coroner, each person certified as such shall complete 24 hours of additional training per annum during each year in which he serves as coroner, as provided in Code Section 45-16-6, and shall file a certificate of additional training with the Board of Public Safety. Section 5 . Sections 1 and 4 of this Act shall become effective January 1, 1991. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. MAGISTRATE COURTSDISCIPLINING OF MAGISTRATES. Code Sections 15-10-24 and 15-10-25 Amended. No. 1078 (Senate Bill No. 634). AN ACT To amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, so as to provide for Supreme Court of Georgia approval of the disciplining of magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes. Page 337 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates of the magistrate courts, is amended by striking Code Section 15-10-24, relating to discipline and removal of magistrates, in its entirety and inserting in lieu thereof a new Code Section 15-10-24 to read as follows: 15-10-24. Magistrates shall be subject to discipline, removal, and involuntary retirement by the Judicial Qualifications Commission in accordance with Article VI, Section VII, Paragraph VII of the Constitution. Section 2 . Said article is further amended by striking subsection (c) of Code Section 15-10-25, relating to training requirements of magistrates, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Subject to the provision of Code Section 15-10-24, if any magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend removal of the magistrate from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the magistrate. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 338 AGRICULTUREGRADING OF DIMENSION LUMBER. Code Sections 2-14-120 through 2-14-123 Enacted. No. 1079 (Senate Bill No. 665). AN ACT To amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, so as to provide for standards with respect to the grading of dimension lumber; to require persons, firms, or corporations engaged in the business of grading dimension lumber to be licensed by a certain federal authority; to define a certain term; to make it unlawful to offer for sale in this state any dimension lumber stamped according to grade unless it has been stamped by a licensed grading agency; to provide for inspections; to provide for stop sale, stop use, or removal orders; to authorize the seizure of dimension lumber being offered for sale in violation of this Act; to provide for condemnation and the disposition of condemned dimension lumber; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products, is amended by adding following Part 2 a new Part 3 to read as follows: Part 3 2-14-120. (a) As used in this part, the term `dimension lumber' means lumber that is at least two inches (nominal) thick and up to but not including five inches (nominal) thick and two inches or more in width. (b) The Commissioner shall require with respect to the grading of dimension lumber that standards shall be in conformity with those which are currently adopted by the American Lumber Standards Committee under the auspices of the United States Department of Commerce. Page 339 2-14-121. On and after July 1, 1990, it shall be unlawful for any person, firm, or corporation to offer for sale in this state any dimension lumber stamped according to grade unless it has been stamped by a grading agency licensed by the American Lumber Standards Committee under the auspices of the United States Department of Commerce. 2-14-122. (a) In order to carry out this part, the Commissioner or his designated agent may enter into or upon any place during reasonable business hours where dimension lumber is being sold or offered for sale to determine if this part is being complied with. (b) The Commissioner may issue and enforce written or printed stop sale, stop use, or removal orders to the owners or custodians of any dimension lumber, ordering them to hold the same at a designated place, when the Commissioner finds such dimension lumber being offered for sale in violation of this part, until the law has been complied with and such dimension lumber has been released, in writing, by the Commissioner or the violations have been otherwise legally disposed of by written authority. The Commissioner shall release the dimension lumber when the requirements of this part have been complied with. (c) Any dimension lumber not in compliance with this part shall be subject to seizure on the complaint of the Commissioner to the superior court of the county in which the dimension lumber is found. If the court finds the dimension lumber to be in violation of this part and orders its condemnation, the dimension lumber shall be disposed of in any manner consistent with its quality, the interests of the parties, and the laws of this state, provided that in no instance shall the disposition of the dimension lumber be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the dimension lumber in such manner as to bring it into compliance with this part. Page 340 2-14-123. Any person violating any provisions of this part shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GEORGIA STATE WAREHOUSE ACTLICENSES. Code Section 10-4-10 Amended. No. 1080 (Senate Bill No. 691). AN ACT To amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the Georgia State Warehouse Act, so as to provide that only one license shall be required for the operation of warehouses by warehousemen who operate two or more warehouses in adjoining counties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the requirement of annual licenses for the operation of warehouses under the Georgia State Warehouse Act, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) No person shall operate a warehouse as defined under this article in this state unless he has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse; provided, however, that this provision shall not prohibit the delivery of property received at a warehouse prior to July 1, 1954, or during the effective period of any license Page 341 issued under this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county or in adjoining counties, in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. INSPECTION OF PUBLIC RECORDSCOMPUTER PROGRAMS AND SOFTWARE. Code Section 50-18-72 Amended. No. 1081 (Senate Bill No. 699). AN ACT To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that neither computer programs nor computer software are subject to the provisions of said article; to define terms; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to records Page 342 for which public disclosure is not required, by striking subsection (f) and inserting in place thereof new subsections (f) and (g) to read as follows: (f) (1) As used in this article, the term: (A) `Computer program' means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. (B) `Computer software' means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. (2) This article shall not be applicable to any computer program or computer software used or maintained in the course of operation of a public office or agency. (g) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 343 COURTSRETIRED JUDGES AND JUDGES EMERITUS; JUDICIAL ASSISTANCE. Code Sections 15-1-9.1 and 15-7-25 Amended. No. 1082 (House Bill No. 10). AN ACT To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, so as to provide that retired judges or judges emeritus of the state courts shall receive compensation and reimbursement of expenses while rendering judicial assistance to any court; to amend Code Section 15-7-25 of the Official Code of Georgia Annotated, relating to service in the state courts by retired judges or judges emeritus of the state courts, so as to provide that such retired judges and judges emeritus shall receive compensation and reimbursement of expenses while performing judicial service to the state courts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to judicial assistance to the courts of this state by judges and magistrates of other courts, is amended by striking in its entirety subsection (i) and inserting in lieu thereof a new subsection (i) to read as follows: (i) Senior judges of the superior courts and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by subsection (d) of Code Section 15-1-9.2. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance. Section 2 . Code Section 15-7-25 of the Official Code of Georgia Annotated, relating to service in the state courts by retired judges or judges emeritus of the state courts, is amended by striking Page 344 in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in the Constitution of this state, a retired judge or judge emeritus of a state court shall be authorized to serve as judge of a state court upon the call of the judge of such court. When serving in such capacity, the retired judge or judge emeritus of the state court shall exercise the same jurisdiction, power, and authority as the regular judge of the court, as provided by general or local law. When serving in such capacity, the retired judge or judge emeritus shall receive the amount of compensation and payment of expenses as provided by subsection (d) of Code Section 15-1-9.2, with such expenses being borne by the governing authority responsible for funding the operation of the requesting court. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. CHILD CUSTODYCHANGE OF CUSTODY BY REMOVING CHILD FROM SCHOOL GROUNDS PROHIBITED. Code Section 20-2-780 Enacted. No. 1083 (House Bill No. 67). AN ACT To amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, so as to provide that no person shall make or attempt to make a change of custody of a minor child by removing the child from certain school premises; to provide for the effect of judicial custody orders; to provide for the effect of child protection laws; to provide for exceptions; to provide for the enforcement of this provision; to provide for penalties; to provide for immunity Page 345 from civil or criminal liability for school officials; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary school students, is amended by adding at the end thereof a new Part 4 to read as follows: Part 4 20-2-780. (a) No person shall make or attempt to make a change of custody of a minor child by removing the child from the premises of a private or public elementary or secondary school without the permission of the person who enrolled the child in the school, notwithstanding the fact that the person seeking to obtain custody of the child from the school has a court order granting custody of the child to such person. (b) This Code section shall not apply with respect to the following: (1) Persons seeking to enforce court orders that specifically authorize or direct the release of custody by the school; or (2) State or local officials acting under the express authority of this state's child protection laws. (c) Any person violating this Code section shall be guilty of a misdemeanor. (d) School officials when acting in their official capacities in preventing or attempting to prevent a violation of this Code Page 346 section shall be immune from civil or criminal liability that otherwise might be incurred or imposed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDBENEFITS. Code Section 47-17-80 Amended. No. 1084 (House Bill No. 115). AN ACT To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, so as to provide that when a spouse who is a beneficiary under an option predeceases a retired member, the retirement benefit of the retired member shall be increased to the maximum benefit; to provide that a new spouse may be made a beneficiary under an option; to provide for other matters relative to the foregoing; to provide conditions 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 47-17-80 of the Official Code of Georgia Annotated, relating to optional benefits under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (d.1), which reads as follows: (d.1) When Option Two or Option Three is elected, a member may also elect Option 2A or Option 3A. Option 2A or Option 3A shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been Page 347 paid to the member under Option One and shall consist of the added provision that in the event the spouse predeceases the retired member, the monthly retirement benefit received by the retired member after the death of the spouse shall be equal to the monthly retirement benefit the retired member would be entitled to receive under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year setback for females and monthly annuity functions., in its entirety. Section 2 . Said Code section is further amended by striking subsection (e) in its entirety and substituting in lieu thereof new subsections (e) and (e.1) to read as follows: (e) (1) Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall terminate as of the date of such remarriage. (2) Under Option Two or Three, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse or the retired member may elect to continue under Option Two or Three for the benefit of the former spouse. Upon any such revocation, the retired member shall begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse and the retired member elected to revoke Option Two or Three as provided in this paragraph, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The option on behalf of the new spouse Page 348 may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. (e.1) When a retired member has elected Option Two or Option Three, then in the event the spouse predeceases the retired member, the monthly retirement benefit payable to the retired member after the death of the spouse shall be increased to the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries or has remarried after the death of the former spouse, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Actuarial equivalence under this subsection shall be determined in the same manner that it is determined under paragraph (2) of subsection (e) of this Code section. This subsection applies to retired members who retired at any time prior to July 1, 1990, as well as to those who retire on or after that date, but increases in monthly retirement benefits authorized by this subsection shall not be paid retroactively for any period of time prior to July 1, 1990, notwithstanding the fact that a spouse covered under Option Two or Option Three may have died prior to July 1, 1990. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 349 STATE COURT JUDGESEXCEPTION TO RESIDENCY REQUIREMENT. Code Section 15-7-21 Amended. No. 1085 (House Bill No. 192). AN ACT To amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, so as to change provisions relating to residency requirements; to provide that if no qualified person qualifies during the regular qualifying period, then qualifying shall be reopened with a relaxed residency requirement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications of state court judges, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) (1) Except as provided in paragraph (2) of this subsection, each judge of the state court shall have been a resident of the geographic area in which he is selected to serve for three years next preceding the beginning of his term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for five years. (2) If, at the expiration of the qualifying period for the general nonpartisan primary or any special election, no candidate meeting the requirements of paragraph (1) of this subsection has qualified, then the county election superintendent shall reopen qualifying for a period 15 days, and any person may qualify who: (A) will have been for three years next preceding the beginning of the term of office a resident of the superior court judicial circuit containing the geographic area in which the judge is to serve; and (B) meets all requirements, other than the residency requirement specified in paragraph (1) of this subsection, for Page 350 eligibility for nomination and election to the office of state court judge. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES. Code Section 53-1-5 Enacted. Code Sections 53-3-13, 53-6-26, 53-6-27, and 53-7-145 Amended. No. 1086 (House Bill No. 357). AN ACT To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide that an executor may be given certain powers by application, citation, and order under certain conditions; to provide that a guardian ad litem of an heir at law may acknowledge service of a petition to probate a will in solemn form and assent to immediate probate; to provide that the heirs at law, under certain conditions, may authorize the judge of the probate court to waive bond of an administrator and grant certain powers; to provide for consent; to provide for notices and citations; to prevent a waiver of publication; to provide that an executor may be relieved by consent of the beneficiaries of the duty of making returns; to provide for discharge and dismissal of an administrator; to provide for petitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 351 Section 1 . Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by adding, following Code Section 53-1-4, a new Code Section 53-1-5 to read as follows: 53-1-5. An executor under a will executed after July 1, 1990, which omits any of the powers in Code Section 53-15-3 may, unless the will expressly prohibits it, be given those powers by application, citation, and order as set forth in Code Section 53-6-26, concerning administrators, except that the provisions concerning unanimous consent shall be applied to all beneficiaries under the will who would be affected by the grant of any such power to the executor, rather than to the heirs at law. Section 1.1 . Said title is further amended by striking subsection (b) of Code Section 53-3-13, relating to probate in solemn form, and inserting in its place a new subsection to read as follows: (b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law who are sui juris acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if any heirs at law who are not sui juris through and by their guardians or guardians ad litem likewise acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted Page 352 to record on proper proof, and letters may thereupon issue without further delay. Section 2 . Said title is further amended by striking Code Section 53-6-26, relating to the designation of where an application for letters of administration is made, and inserting in lieu thereof a new Code Section 53-6-26 to read as follows: 53-6-26. (a) Every application for letters of administration shall be made to the judge of the probate court of the county of residence of the decedent, if a resident of this state and, if not a resident, then in a county where the estate or some portion thereof is located, and shall set forth the full name, the legal residence, and the date of the death of the decedent; the post office address and place of residence of the applicant; the names, ages, and addresses of the surviving spouse and of the heirs at law, stating their respective relationships to the decedent; and, in the event full particulars are lacking, the reasons for any omission. (b) As part of the application for letters of administration or by separate application, the heirs at law may, by unanimous consent, authorize but not require the judge of the probate court to waive the bond of the administrator required by Code Section 53-7-30 and to grant to the administrator any of the powers contained in Code Section 53-15-3. With respect to any heir at law who is not sui juris, such consent may be given by the duly appointed guardian of the property, if any, or if none, by the duly appointed guardian of the person, if any, and if none, by either parent in the case of a minor or a majority in interest of the heirs apparent in the case of an incapacitated adult; provided, however, that such consent on behalf of a person not sui juris shall not be effective when the only person consenting is the person who will serve or who is serving as administrator. The provisions of Code Section 53-7-37 shall not apply to the waiver of bond under this subsection. The waiver of bond and grant of powers may only be ordered after publication of a citation as provided in Code Section 53-6-27 and without any objection being filed to such waiver of bond or the grant of any such powers as requested in the application. Such citation shall be sufficient if it states that the application requests, if applicable, that the bond be waived or that, if applicable, Page 353 certain powers contained in Code Section 53-15-3 be granted. Section 3 . Said title is further amended by adding a new subsection at the end of Code Section 53-6-27, relating to citation and notice of the application for grant of letters of administration, to be designated subsection (c), to read as follows: (c) Notwithstanding subsection (b) of this Code section, publication shall not be waived by the judge of the probate court if an authorization for a waiver of bond or a grant of powers as provided in subsection (b) of Code Section 53-6-26 is contained in the application for letters of administration. Section 4 . Said title is further amended by striking Code Section 53-7-145, relating to a petition of an executor for discharge when relieved by a will of the duty of making a return, and inserting in lieu thereof a new Code Section 53-7-145 to read as follows: 53-7-145. (a) As used in this Code section, the term `executor' includes corporate executors and coexecutors. (b) Notwithstanding any other law to the contrary, any executor of the last will and testament of a deceased person, who is relieved by the will, or by consent of the beneficiaries as provided by law, of the duty of making returns to the judge of the probate court of the county in which the will was probated and who has fully administered the estate of the decedent and fully executed the will of the testator, may be discharged and dismissed as the executor, upon filing with the judge of the probate court of the county a verified petition for discharge, setting forth that he has fully administered the estate and fully executed the will but has made no returns of his acts and doings as executor because he was relieved of the duty by the will or by consent of the beneficiaries as provided by law. (c) Notwithstanding any other law to the contrary, upon the petition being filed, the judge of the probate court shall issue citation and cause the same to be published as provided by law in the case of applications of administrators for discharge and, unless good cause is shown to the contrary, at the first term of the probate court after the completion of publication, the judge of the probate court shall issue to the executor letters Page 354 of dismission, without examination into the condition of the estate and without requiring the filing of returns by the executor. (d) Notwithstanding any other law to the contrary, any administrator who is relieved by consent of the heirs at law, as provided by law, of the duty of making returns to the judge of the probate court of the county of his appointment and who has fully administered the estate of the decedent may be discharged and dismissed as administrator upon filing with the judge of the probate court of such county a verified petition for discharge, setting forth that he has fully administered the estate but has made no returns of his acts and doings as administrator because he was relieved of the duty by consent of the heirs at law as provided by law. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. FIRE PROTECTION AND SAFETYFIRE DEPARTMENTS; ORGANIZATION. Code Section 25-3-23 Amended. No. 1087 (House Bill No. 620). AN ACT To amend Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for organization of a fire department, so as to change such minimum requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 25-3-23 of the Official Code of Georgia Annotated, relating to general minimum requirements for Page 355 organization of a fire department, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to be legally organized: (1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201-1984; (B) Be capable of providing fire protection 24 hours a day, seven days a week; (C) Be responsible for a defined area of operations depicted on a map located at the fire station; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy; and (2) A fire department shall possess the following items of equipment and protective clothing: (A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 GPM at 120 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus; and Page 356 (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP OF JUDICIAL EMPLOYEES. Code Section 47-2-266 Enacted. Code Section 47-2-334 Amended. No. 1088 (House Bill No. 1088). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that certain judicial employees shall be members of the retirement system; to provide for definitions; to provide for creditable service for prior membership in the retirement system; to provide for creditable service for prior service as a judicial employee; to provide for other matters relative to the foregoing; to provide conditions 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 . Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-265 a new Code Section 47-2-266 to read as follows: 47-2-266. (a) As used in this Code section, the term: (1) `Judicial employee' means: Page 357 (A) A full-time assistant to a district administrative judge and any full-time secretarial or clerical judicial administrative district employee employed pursuant to the provisions of Code Section 15-5-6; (B) A full-time employee of The Council of Superior Court Judges of Georgia provided for in Code Section 15-6-34; and (C) A full-time employee employed for the purpose of assisting sentence review panels provided for in Code Section 17-10-6. (2) `Prior service' means service as a judicial employee rendered prior to July 1, 1990. (b) Effective on July 1, 1990, or on first becoming a judical employee at any time after that date, each judicial employee shal become a member of the Employees' Retirement System of Georiga as a condition of employment. (c) Any persons becoming a member of the retirement system pursuant to the provisions of this Code section shal be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, accepts employment as a judicial employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership service and without the loss of any creditable service. (d) The salary paid state funds to each judicial employee shall be the basis for employee and employer contributions to the retirement system for the purposes of this Code section. All employer contributions including employee contributions made by the employer on behalf of members, shall be paid form funds appropriated or otherwise made available for the operation of the judicial branch of the state government. Employee contributions of members under this Code section shall be deducted and remitted to the board of trustees by the appropriate employing athority. Page 358 (e) Any person who was a member of the retirement system immediately prior to becoming a judicial employee and who has not withdrawn employee contributions from the retirement system shall receive full creditable service for membership service in the retirement system which was completed prior to becoming a judicial employee and shall have the same membership status in the retirement system which the person possessed immediately prior to becoming a judicial employee. (f) (1) A person becoming a member of the retirement system pursuant to the provisions of this Code section may obtain creditable service for prior service if the following payments are made to the board of trustees: (A) The person claiming the creditable service shall pay the employee contributions that would have been paid to the retirement system if the person had been a member during the period for which creditable service is claimed plus regular interest on such employee contributions compounded annually from the time the prior service was rendered to the date of payment; and (B) The Council of Superior Court Judges, the president of The Council of Superior Court Judges, or the district administrative judge employing the person claiming the creditable service shall pay the employer contributions that would have been paid to the retirement system if the person claiming the creditable service had been a member during the period of time for which creditable service is claimed plus regular interest on such employer contributions compounded annually from the time the prior service was rendered to the date of payment. (2) The employee and employer contributions provided for in paragraph (1) of this subsection shall be determined on the basis of compensation actually received as a judicial employee during the period of prior service for which creditable service is claimed. The employer contributions plus interest thereon provided for in subparagraph (B) of paragraph (1) of this subsection may be paid from any funds of the judicial branch of the state government Page 359 appropriated or otherwise available to The Council of Superior Court Judges or district administrative judges. (3) Any member qualified to obtain creditable service pursuant to the authority of this subsection shall apply to the board of trustees for such creditable service by not later than July 1, 1991. Section 2 . Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 47-2-334, relating to provisions of the retirement system applicable to persons who become members of the retirement system after a certain date, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Except as otherwise provided in Code Section 47-2-266, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 360 GARNISHMENTINDIVIDUAL RETIREMENT ACCOUNTS; RETIREMENT OR PENSION BENEFITS. Code Section 18-4-22 Amended. Code Section 18-4-22.1 Repealed. No. 1089 (House Bill No. 1098). AN ACT To amend Article 2 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, so as to provide that funds or benefits of certain individual retirement accounts shall be exempt from garnishment except under certain specified conditions; to change certain provisions regarding the applicability of the exemption of certain funds or benefits from a pension or retirement program from garnishment; to repeal Code Section 18-4-22.1, relating to an exemption from garnishment for certain funds or benefits of a pension, retirement, or employee benefit plans or programs; 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 18 of the Official Code of Georgia Annotated, relating to property and persons subject to garnishment, is amended by striking Code Section 18-4-22, relating to the exemption from garnishment of certain pension or retirement funds or benefits, and inserting in its place a new Code Section 18-4-22 to read as follows: 18-4-22. (a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002 (2)(A) or funds or benefits from an individual retirement account as defined in Section 408 of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable Page 361 earnings, unless a greater exemption is otherwise provided by law. (b) The exemption provided by this Code section shall not apply when the garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to the process of garnishment to the extent provided in subsection (f) of Code Section 18-4-20. (c) Nothing in this Code section shall prohibit the attachment or alienation of welfare benefits as defined in 29 U.S.C. Section 1002(1) in the control of an administrator or trustee. Section 2 . Said article is further amended by repealing Code Section 18-4-22.1, relating to the exemption from garnishment of certain funds or benefits of pension, retirement, or employee benefit plans and programs, which reads as follows: 18-4-22.1. Funds or benefits of a pension, retirement, or employee benefit plan or program subject to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, shall not be subject to the process of garnishment (1) until such funds or benefits are currently due and payable or transferable to a member of such plan or program or to a beneficiary thereof and (2) unless such garnishment is based upon a judgment for alimony or for child support, in which event such funds or benefits shall then be subject to the process of garnishment to the extent provided in subsection (d) of Code Section 18-4-20. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 362 BANKING AND FINANCESELLING AND ISSUING CHECKS; REPORTING OF CURRENCY VIOLATIONS. Code Sections 7-1-681, 7-1-911, and 7-1-912 Amended. No. 1090 (House Bill No. 1240). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change the exemptions from the requirement of a license to engage in the business of selling or issuing checks; to provide for definitions; to change provisions relative to records and reports of certain currency transactions; to provide for regulations to be prescribed by the commissioner of banking and finance and the content of certain regulations; to exempt certain currency transactions from reporting and recording requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking Code Section 7-1-681, relating to the requirement of a license for the business of selling or issuing checks, and inserting in its place a new Code Section 7-1-681 to read as follows: 7-1-681. No person or corporation, other than a bank or trust company, a credit union, a savings and loan association, or a savings bank, whether state or federally chartered but domiciled in this state, the authorized agent of a licensee, or the United States Postal Service shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. Page 363 Section 2 . Said chapter is further amended by striking Code Section 7-1-911, relating to definitions, and inserting in its place 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. (2) `Conducts' includes initiating, concluding, or participating in initiating or concluding a transaction. (3) `Currency' means currency and coin of the United States. (4) `Currency transaction' means a transaction: (A) Initiated from the receipt or payment of currency or concluding with the receipt or payment of currency; or (B) Involving the movement or transfer of monetary value by electronic means other than within the books of account of the same financial institution. (5) `Department' means the Department of Banking and Finance of the State of Georgia. (6) `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, Page 364 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: (i) Cashing checks for a fee; or (ii) Performing transactions by wire or other electronic means to facilitate the movement or transfer of money. (7) `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, although not necessarily which form, of activity that constitutes a felony under this Code. (8) `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 thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery. (9) `Person' means natural persons, partnerships, trusts, estates, associations, corporations, and all entities cognizable as legal personalities. (10) `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. (11) `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, Page 365 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 3 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in their respective places new subsections (a) and (b) to read as follows: (a) (1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department. In addition, the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $100,000.00. (2) The provisions of paragraph (1) of this subsection shall not apply to transfers between banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of currency and which are accomplished through a wire or electronic transfer system operated by the Federal Reserve System, the Federal Home Loan Bank System, or other governmental agency or instrumentality; provided, however, with regard to each such transfer the bank, credit union, or savings and loan association shall maintain a record of the name, address, and tax identification number of its customer, the name and location of the corresponding bank, credit union, or savings and loan association, and the name of the customer of the corresponding bank, credit union, or savings and loan association. (b) The commissioner shall prescribe such regulations as he may deem appropriate to carry out the purposes of this Page 366 article. Such regulations shall to the extent feasible be consistent with federal regulations and may provide for exemption of such transactions as the commissioner determines are clearly of a legitimate nature for which mandatory reporting would serve no useful purpose. The regulations shall provide for adequate safeguards against unauthorized currency transactions or transactions otherwise inconsistent with this article. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GENERAL ASSEMBLYLEGISLATIVE SERVICES COMMITTEE. Code Sections 28-4-1 and 28-4-6 Amended. No. 1091 (House Bill No. 1309). AN ACT To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to change provisions relating to meetings of the committee; to change provisions relating to approval of certain invoices by the committee; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 367 Section 1 . Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, is amended by striking subsection (c) of Code Section 28-4-1, relating to the Legislative Services Committee, and inserting in its place a new subsection to read as follows: (c) The committee shall meet at least once during each calendar quarter. Additional meetings may be held upon the call of the chairman or upon the call of a majority of the members of the committee. Eight members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairman shall be entitled to vote on all matters requiring a vote of the committee. Section 2 . Said chapter is further amended by striking subsection (a.1) of Code Section 28-4-6, relating to the legislative fiscal officer and legislative budget analyst, and inserting in its place a new subsection to read as follows: (a.1) The legislative fiscal officer is authorized on behalf of the legislative branch to pay any properly authorized invoice which does not exceed $5,000.00. Any invoice which exceeds $5,000.00 may not be paid by such fiscal officer without prior approval from the committee. The committee may provide for such approval to be given at meetings of the committee, or in writing between meetings by a majority of the members of the committee, or in such other manner as the committee may establish. All invoices shall contain in detail a description of the work performed, materials used or purchased, and any other information pertinent to the obligation. Before the fiscal officer may pay any invoice, a requisition or purchase order covering such invoice and signed by the person or persons authorized by the Legislative Services Committee to do so plus evidence of delivery must have been submitted to the fiscal officer. A list of all invoices which have been paid shall be submitted by the fiscal officer to the committee on a monthly basis. Page 368 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. ETHICS IN GOVERNMENT ACTCAMPAIGN CONTRIBUTIONS. Code Section 21-5-30.2 Enacted. No. 1092 (House Bill No. 1336). 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 agency, or person acting on behalf of any agency, from making contributions to any campaign committee, political action committee, or political organization; to provide that the authority of the State Personnel Board or the authority of any agency to regulate the political activities of certain public employees shall not be affected by this Act; to provide that the use of the capitol building and grounds shall not be affected by this Act and for other exceptions; 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: 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 21-5-30.1, to be designated Code Section 21-5-30.2, to read as follows: Page 369 21-5-30.2. (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) `Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state. (2) `Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization. (3) `Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2 or 3 of this title. (4) `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. Page 370 (5) `Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office. (6) `Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings. (b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization. (c) No campaign committee, political action committee, or political organization shall accept a contribution in violation of subsection (b) of this Code section. (d) Nothing contained in this Code section shall be construed to: (1) Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service of the State Merit System; (2) Affect the authority of any agency regarding the regulation of the political activities of such agency's employees; (3) Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or (4) Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, this paragraph shall not be construed to create a right for a political organization to use a public meeting place. Page 371 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. VETERANS SERVICE BOARDLOCATION OF MEETINGS. Code Section 38-4-5 Amended. No. 1093 (House Bill No. 1342). AN ACT To amend Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, so as to change the provisions relating to the location of meetings of the Veterans Service Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans affairs, is amended by striking in its entirety Code Section 38-4-5, relating to meetings of the Veterans Service Board, and inserting in lieu thereof a new Code Section 38-4-5 to read as follows: 38-4-5. The Veterans Service Board shall meet once each month and at the meetings shall give attention to all things and matters properly coming under the jurisdiction of the board. The board may meet in the offices of the Department of Veterans Service or at any other location within the state where such board is conducting business pertaining to veterans. The meetings provided for in this Code section shall be for Page 372 stated regular periods but shall not exceed more than two days in any one session. Called meetings of the board may be held by the chairman thereof or by the commissioner of veterans service. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. WILLSLEGACY OR DEVISE TO SUBSCRIBING WITNESS. Code Section 53-2-45 Amended. No. 1094 (House Bill No. 1352). AN ACT To amend Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, so as to provide that a legacy or devise to a subscribing witness shall not be void if there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-2-45 of the Official Code of Georgia Annotated, relating to the effect of a legacy or devise to a subscribing witness to a will, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: Page 373 (a) If a subscribing witness is also a legatee or a devisee under the will, the witness shall be competent; but the legacy or devise to him shall be void unless there are at least two other subscribing witnesses to such will who are not legatees or devisees under such will. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. HONEYBEESDISEASES; AFRICANIZED BEES. Code Title 2, Chapter 14, Article 3 Amended. No. 1095 (House Bill No. 1367). AN ACT To amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to the powers of the Commissioner of Agriculture to deal with certain diseases; to provide for additional powers to deal with honeybee diseases, Africanized bees, or other threats to honeybees; to change the provisions relating to inspections; to change the provisions relating to disposition of infected bees or fixtures; to change the provisions relating to compensation for destroyed property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, is amended by striking Code Sections 2-14-41, relating to the powers of the Commissioner of Agriculture, and inserting in lieu thereof a new Code Section 2-14-41 to read as follows: Page 374 2-14-41. The Commissioner shall have full and plenary power to deal with the American and European foul brood, all other contagious and infectious honeybee diseases, Africanized bees, or any other threat to honeybees. He shall have full power and authority to make, promulgate, and enforce such rules, ordinances, and regulations and to do and perform such acts, through his agents or otherwise, as in his judgment may be necessary to curtail, eradicate, or prevent the introduction, spread, or dissemination of any and all contagious diseases, Africanized bees, or any other threat to honeybees. All such rules, ordinances, and regulations shall have the force and effect of law. Section 2 . Said article is further amended by striking Code Section 2-14-42, relating to inspections generally, and inserting in lieu thereof a new Code Section 2-14-42 to read as follows: 2-14-42. The Commissioner and his agents and employees shall have the authority to enter any depot, express office, storeroom, warehouse, or other premises for the purpose of inspecting any honeybees or beekeeping fixtures or appliances therein in order to ascertain whether such bees or fixtures are infected with any contagious or infectious diseases, have become Africanized, or pose any other threat to honeybees. They may also make such inspections when they have reason to believe that any honeybees or beekeeping fixtures or appliances on the premises have been or are being transported in violation of this article. Section 3 . Said article is further amended by striking Code Section 2-14-43, relating to inspection of colonies and the duty to register as a colony owner, and inserting in lieu thereof a new Code Section 2-14-43 to read as follows: 2-14-43. Each colony of honeybees maintained by any person, firm, or corporation in this state shall be inspected at least once each 18 months by an authorized bee inspector of the department. Such inspections shall be made for the primary purpose of combating the spread of bee diseases, Africanized bees, or any other threat to honeybees in this state. It shall be the duty of any person, firm, or corporation not already registered as a bee colony owner to register with the Commissioner as a bee colony owner within 30 days after acquiring a colony of Page 375 honeybees. It shall ablso be the duty of all persons subject to this article to render assistance relative to the inspection of such colony. Section 4. Said article is further amended by striking Code Section 2-14-44, relating to disposition of infected bees or fixtures, and inserting inlieu thereof a new Code Section 2-14-44 to read as follows: 2-14-44. The Commissioner, through his agents or employees, may require the removal from this state of any honeybees or beekeeping fixtures which have been brought into the state in violation of this article. If he finds that any bees or fixtures are infected with contagious or infectious disease or that such bees or fixtures have been exposed to danger of infection by such diseases, that any honeybees have become Africanized, or that honeybees are confronted with any other threat in this state, the Commissioner may require the destructionn, treatment, or disinfection of any such infected or exposed bees, hives, fixtures, or appliances. Section 5. Said article is further amended by striking Code Section 2-145-45, relating to compensation for destroyed property, and inserting in lieu thereof a new Code Section 2-14-45 to read as follows: 2-14-45. Whenever bees, hives, or other equipment are ordered destroyed pursuant, to Code Section 2-14-44, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner and the owner shall each appoint one disinterested appraiser. These two appraisers shall appoint a third disinterested appraiser. The three appraisers thus appointed shall appraise the property. When the property is destroyed, the Commissioner shall pay any Georgia resident beekeeper whose property is destroyed a sum equal to 50 percent of the appraised value of the property destroyed, provided that in no event shall the compensation paid to any such owner exceed $50.00 per colony. For the purposes of this Code section, the Page 376 term `property' shall include bees, hives, frames, and other equipment. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GAME AND FISHCONSERVATION RANGERS AUTHORIZED TO ASSIST LAW ENFORCEMENT AGENCIES. Code Section 27-1-18 Amended. No. 1096 (House Bill No. 1373). AN ACT To amend Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, so as to provide that the commissioner of natural resources may authorize conservation rangers to assist any law enforcement agency of this state or any municipality, county, or other political subdivision of this state in the prevention or detection of violations of any law or in the apprehension or arrest of criminals, upon the request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 377 Section 1 . Code Section 27-1-18 of the Official Code of Georgia Annotated, relating to the powers of conservation rangers generally, is amended by striking said Code section in its entirety and inserting in its place a new Code section 27-1-18 to read as follows: 27-1-18. (a) Conservation rangers shall have the power and authority: (1) To enforce all state laws on all property owned or controlled by the department; (2) To enforce all state laws pertaining to functions assigned to the department; (3) To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department; (4) To enforce any state law when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; and (5) At the expense of the department, to assist the Department of Public Safety and the Georgia Bureau of Investigation in carrying out their duties and responsibilities when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation. (b) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the department's conservation rangers to cooperate with and render assistance to any law enforcement agency of this state or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor. Page 378 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. HEALTHHOME HEALTH AGENCIES. Code Section 31-7-155 Amended. No. 1097 (House Bill No. 1383). AN ACT To amend Article 7 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, so as to change a certain term; to clarify the scope of home health agency service areas which are exempt from a certificate of need; to prohibit certain requests for or issuance of exemption determinations; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to home health agencies, is amended by striking Code Section 31-7-155, relating to certificates of need for new service, and inserting in its place a new Code Section 31-7-155 to read as follows: 31-7-155. (a) No home health agency initiating service or extending the range of its service area shall be licensed unless the Health Planning Agency determines, in accordance with Article 3 of Chapter 6 of this title and regulations pursuant thereto, that there is a need for said services within the area to be served. All home health agencies which were delivering Page 379 services prior to July 1, 1979, and were certified for participation in either Title XVIII or Title XIX of the federal Social Security Act prior to such date shall be exempt from a certificate of need, except in those instances where expansion of services or service areas is requested by such home health agencies. Such exemption from a certificate of need shall extend to all areas in which a home health agency was licensed by the department to provide services on or before December 31, 1989, except as provided in subsection (b) of this Code section. (b) Concerning an exemption from a certificate of need pursuant to subsection (a) of this Code section, service areas which were the subject of litigation pending in any court of competent jurisdiction, whether by way of appeal, remand, stay, or otherwise, as of December 31, 1989, shall not be so exempt except as set forth in the final unappealed administrative or judicial decision rendered in such litigation. (c) Except with respect to a home health agency's service areas which were the subject of litigation pending in any court of competent jurisdiction as of December 31, 1989, the Health Planning Agency shall not consider any request for or issue a determination of an exemption from a certificate of need pursuant to this Code section after December 31, 1989. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. Page 380 LEGAL HUNTING WEAPONSHANDGUNS. Code Section 27-3-4 Amended. No. 1098 (House Bill No. 1412). AN ACT To amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that handguns with a barrel length of 5.5 inches or more may be used for hunting game animals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking paragraph (3) of said Code section and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 guage shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, that a.218 Bee;.22 Hornet;.25-20;.256 Magnum; guns using.30 caliber army carbine cartridges;.32-20;.32-40;.357 Magnum;.38 Special; 38-40; and.44-40 shall not be used; provided, further, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns with a barrel length of 5.5 inches or more, adjustable sights, and capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting game animals. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or Page 381 more other hunters, to use a handgun or rifle while hunting deer with dogs; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. REGULATION OF HOSPITALS AND RELATED INSTITUTIONSDEFINITIONS. Code Section 31-7-1 Amended. No. 1099 (House Bill No. 1434). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to change the provisions relating to definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking in their entirety subparagraphs (F), (G), and (H) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in their places the following: (F) 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 (G) Any building or facility which is devoted to the provision of treatment and rehabilitative care for periods continuing Page 382 for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. SPECIAL COUNTY SALES AND USE TAXRECORDS. Code Section 48-8-121 Amended. No. 1100 (House Bill No. 1444). AN ACT To amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales and use tax, so as to require the keeping of certain records of projects; to require certain schedules to be included in annual audits; to provide for verification and testing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds received from a special county 1 percent sales and use tax, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) (1) The proceeds received from the tax authorized by this article shall be used by the county exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and shall not in any manner be commingled with other funds of the county prior to the expenditure. Page 383 (2) The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every project for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows the amount estimated for each project in the resolution or ordinance calling for imposition of the tax, amounts expended in prior years, amounts expended in the current year, and the estimated percentage of completion of each project. The auditor shall verify and test expenditures of each project sufficient to express an opinion thereon in accordance with generally accepted governmental auditing standards. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. DEVELOPMENT AUTHORITIESDISPOSITION OF PROPERTY OF DISSOLVED AUTHORITIES. Code Section 36-62-13 Enacted. No. 1101 (House Bill No. 1548). AN ACT To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the Development Authorities Law, so as to provide for the disposition of property of certain development authorities created prior to July 1, 1983, by constitutional amendment and which were dissolved by operation of law pursuant to a certain provision of the Constitution; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 384 Section 1 . Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the Development Authorities Law, is amended by adding at the end thereof a new Code Section 36-62-13 to read as follows: 36-62-13. The real and personal property of any development authority which was created for a county prior to July 1, 1983, by constitutional amendment and which was dissolved by operation of law pursuant to Article XI, Section I, Paragraph IV (c) of the Constitution shall by operation of law become the property of any development authority subsequently created by such county pursuant to this chapter or, in the absence thereof, shall become the property of the county. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. PROPERTYEXTENSION OF COVENANTS RUNNING WITH THE LAND. Code Section 44-5-60 Amended. No. 1102 (House Bill No. 1553). AN ACT To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that under certain conditions convenants restricting lands to certain uses may be extended beyond 20 years in counties which have adopted zoning laws; to provide a method for effecting such continuances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Page 385 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, is amended by inserting immediately following subsection (c) a new subsection to read as follows: (d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots may be continued beyond 20 years as provided in this subsection. Each such continuation shall continue for 10 years, and there shall be no limit on the number of times such convenants may be continued. (2) To continue a covenant as provided in paragraph (1) of this subsection, at least two-thirds of the record owners of plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be continued, which may be incorporated by reference to another recorded document. Such document, together with the affidavit of an attorney licensed to practice in this state stating that he has searched the land records and has verified the names of the record owners appearing in the document, shall be recorded in the office of the clerk of the superior court of the county where the land is located prior to the expiration of the initial 20 year period or any subsequent ten-year extension. No such covenant shall be renewed after the lapse of time of such initial period or extension. The clerk of the superior court shall index the document under the name of each record owner appearing in the document. (3) No covenant that prohibits the use or ownership of property within the subdivision may discriminate based on race, creed, color, age, sex, or national origin. Page 386 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. GAME AND FISHTAXIDERMISTS; COMMERCIAL HUNTING PRESERVES. Code Sections 27-2-9, 27-2-23, 27-3-110, and 27-3-114 Amended. No. 1103 (House Bill No. 1629). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the record requirements of a licensed taxidermist; to provide for resident and nonresident taxidermist licenses and license fees; to provide for a blanket commercial shooting preserve license; to authorize commercial hunting preserves to purchase blanket commercial hunting preserve licenses and to authorize persons to hunt game birds without possessing hunting licenses while on a commercial hunting preserve which possesses a valid blanket commercial hunting preserve license; 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 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subsections (b) and (f) of Code Section 27-2-9, relating to taxidermist licenses and required practices, and inserting in their respective places new subsections (b) and (f) to read as follows: Page 387 (b) Any wildlife at the business premises of a taxidermist must have a tag attached displaying a number that can be cross-referenced with the same number in the written records that are required in paragraph (f) of this Code section. Any wildlife transferred to another taxidermist must have an additional tag attached showing the name, address, and telephone number of the taxidermist which has the original written record needed for cross-referencing to the numbered tag. Such tags may be removed as necessary during mounting but must otherwise remain on the wildlife until final disposition. (f) It shall be unlawful for any taxidermist to fail to keep at his business premises a written record of all wildlife received by him, which record shall show the name and address of the owner, the date such wildlife was killed, the number and species of such wildlife, and the date received. Each taxidermist shall keep such records at his business premises until he has disposed of the specimen to which the records refer. Section 2 . Said title is further amended by striking sub-paragraphs (I) through (U) of paragraph (7) of Code Section 27-2-23, relating to licenses, permits, and stamp fees, which read as follows: (I) Commercial fish hatchery license Annual 50.00 (J) Catch-out pond license Annual 200.00 (K) Soft-shell crab dealer license Annual 10.00 (L) Taxidermist license Annual 10.00 (M) Falconry permit Annual 5.00 (N) Shellfish dredging permit Annual 1.00 (O) Commercial alligator farming license Annual 25.00 (P) Wild animal license Annual 200.00 (Q) Wild animal auction license Seven-day 5,000.00 (R) Resident bait dealer license Season 25.00 (S) Nonresident bait dealer license Season 150.00 (T) Resident sport bait shrimping license Season 5.00 (U) Nonresident sport bait shrimping license Season 75.00, and inserting in their places new subparagraphs (I) through (W) to read as follows: (I) Blanket commercial shooting preserve license Annual 500.00 (J) Commercial fish hatchery license Annual 50.00 (K) Catch-out pond license Annual 200.00 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident taxidermist license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Annual 5.00 (P) Shellfish dredging permit Annual 1.00 (Q) Commercial alligator farming license Annual 25.00 (R) Wild animal license Annual 200.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (V) Resident sport bait shrimping license Season 5.00 (W) Nonresident sport bait shrimping license Season 75.00 Section 3 . Said title is further amended by striking subsection (a) of Code Section 27-3-110, relating to shooting preserve license requirements, and inserting in its place a new subsection (a) to read as follows: (a) It shall be unlawful for any person to release pen raised game birds unless the person has first obtained a commercial, blanket commercial, or private shooting preserve license as provided in Code Section 27-2-23. Such license shall be effective from April 1 through March 31 of the following year. Section 4 . Said title is further amended by striking Code Section 27-3-114, relating to laws and regulations applicable to shooting preserves and requirements as to hunting licenses, and inserting in its place a new Code Section 27-3-114 to read as folllows: 27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; provided, further, that it shall be lawful for any person to hunt game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23. Page 391 Section 5 . This Act shall become effective on April 1, 1991. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. HONEY AND IMITATION HONEYPENALTIES FOR MISLABELING. Code Section 26-2-32 Amended. No. 1104 (House Bill No. 1654). AN ACT To amend Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, so as to change the penalty for mislabeling products; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 26-2-32 of the Official Code of Georgia Annotated, relating to honey and imitation honey labels, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person who violates any provisions of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor Page 392 more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. WORKERS' COMPENSATION INSURANCEOPTIONAL DEDUCTIBLES. Code Section 34-9-124. Enacted. No. 1105 (House Bill No. 1753). AN ACT To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to provide that insurers issuing a workers' compensation insurance policy shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter; to provide for deductible amounts; to provide for methods of payment of deductibles; to provide for the construction of payment or nonpayment of deductible amounts under such policies; to provide for the computation of premium reductions; to provide exceptions; 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 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, is amended by adding immediately following Code Section 34-9-124, relating to the requirement that a policy of workers' compensation insurance contain certain provisions, a new Code Section 34-9-124.1 to read as follows: Page 393 34-9-124.1. (a) Each insurer issuing a policy under this chapter shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this chapter. Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of $100.00, $200.00, $300.00, $400.00, $500.00, or increments of $500.00 up to a maximum of $2,500.00 per compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount. (b) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or provider entitled to the benefits conferred by this chapter and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums. (c) Optional deductibles shall be offered in each policy insuring liability for workers' compensation which is issued, delivered, issued for delivery, or renewed under this chapter on or after July 1, 1990, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on July 1, 1990, so as to include a provision allowing for a deductible. (d) Premium reduction for deductibles shall be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this Code section shall not be included as benefits paid so as to harm the experience rating of such employer. (e) This Code section shall not apply to employers who are approved to self-insure against liability for workers' compensation Page 394 pensation or group self-insurance funds for workers' compensation establishede pursuant to Aricle 5 of this chapter. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1990. DEVELOPMENT AUTHORITY OF CITY OF MILLEDGEVILLE AND BALDWIN COUNTY AND DEPARTMENT OF TRANSPORTATIONCONVEYANCE OF STATE PROPERTY. No.60 (Senate Resolution No. 54). A RESOLUTION Authorizing and directing the conveyance of certain state owned property located in Baldwin County, Georgia; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of four parcles of real property in Baldwin County, two of which are located within the right-of-way limits of U. S. Highway 441 in Baldwin County, Georgia; and WHEREAS, Parcel A and Parcel B of the property are approximately 150 acres located in Land Lot 266 and Land Lot 281 and identified on a drawing on file in the office of the State Properties Commission and more particularly identified and described by a plat of survey suitable for recording in Baldwin County to be provided to the State Properties Commission prior to the conveyance of said parcles of property; and Page 395 WHEREAS, Parcel C of the property is approximately 28.06 acres and Parcel D of the property is approximately 2.90 acres; and WHEREAS, Parcel C and Parcel D of said real property are all those tracts or parcels of land lying and being in Baldwin County, Georgia, and being generally described as follows: PARCEL `C' All that tract or parcel of land lying and being in Land Lots 265, 266 and 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follws: BEGINNING at a point 150 feet right of and opposite station 294+00 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence N 87 degrees 54[UNK]01[UNK] W a distance of 394.3 feet to a point 200 feet left of and opposite station 295+80 on said construction centerline; thence northwesterly along a curved line 200 feet left of and parallel to said construction centerline, an arc distance of 132.6 feet to a point 200 feet left of and opposite station 297+00 on said construction centerline; thence N 70 degrees 51[UNK]43[UNK] E a distance of 50 feet to a point 150 feet left of and opposite station 297+00 on said construction centerline; thence northerly and northwesterly along a curved line 150 feet left of and parallel to said construction centerline, an arc distance of 575.8 feet to a point 150 feet left of and opposite station 302+33.9 on said construction centerline; thence N 03 degrees 07[UNK]15[UNK] W a distance of 3,208.8 feet to a point 150 feet left of and opposite station 334+42.7 on said construction centerline; thence N 54 degrees 47[UNK]36.5[UNK] E a combined distance of 354.6 feet to a point 116 feet right of and opposite station 336+35.2 on said construction centerline; thence southeasterly along a curved line with a radius of 838.93 feet an arc distance of 29.1 feet to a point of 116.0 feet right of and opposite station 336+02.1 on said construction centerline; thence S 03 degrees 07[UNK]15[UNK] E a distance of 752.1 feet to a point 150 feet right of and opposite station 328+50 on the construction centerline of said project; thence northeasterly along straight line to a point 180 feet right of and opposite station 328+50 on said construction centerline; thence southeasterly along a straight line to a point 180 feet right of and opposite station 325+50 on said construction Page 396 centerline; thence southwesterly along a straight line to a point 150 feet right of and opposite station 325+50 on said construction centerline; thence S 03 degrees 07[UNK] 15[UNK] E a distance of 2,316.1 feet to a point 150 feet right of and opposite station 302+33.9 on said construction centerline; thence southerly and southeasterly along a curved line 150 feet right of and parallel to said construction centerline, an arc distance of 768.4 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 23 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987. PARCEL `D' All that tract or parcel of land lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia, being more particularly described as follows: BEGINNING at a point on the northwesterly existing right of way line of Georgia Railroad, said point being 66 feet right of and opposite station 338+04.4 on the construction centerline of Georgia Highway Project EDS-441(2) Ct. 1; running thence S 54 degrees 47[UNK]36.4[UNK] W a combined distance of 315.9 feet to a point 184 feet left of and opposite station 336+17.0 on said construction centerline; thence northeasterly along a line 184 feet left of and parallel to said construction centerline to a point 184 feet left of and opposite station 343+77.9 on said construction centerline, said point also being on the southerly existing right-of-way line of State Route 22; thence southeasterly along said existing southerly right-of-way line a combined distance of 206.7 feet to a point 7.0 feet right of and opposite station 344+56.7 on said construction centerline, said point also being of a property line between the lands of grantor and the lands now or formerly owned by Georgia Power Company; thence southwesterly along said latter property line a distance of 463.4 feet to the intersection of another property line between the lands of the grantor and said Georgia Power Company lands at a point 6.8 feet left of and opposite station 339+90.5 on said construction centerline; thence southeasterly along said latter property line a combined distance of 197.1 feet to the intersection of said northwestern existing Railroad right of way line; thence southwesterly along said northwestern existing Page 397 Railroad right of way line a distance of 187.9 feet back to the point of BEGINNING. Said property is further identified as Parcel Number 24 on that certain plat prepared by the Department of Transportation for Project Number EDS-441(2) Ct. 1, Baldwin County, dated August 6, 1987.; and WHEREAS, the Development Authority of City of Milledgeville and Baldwin County is desirous of obtaining Parcel A and Parcel B of the above-described property; and WHEREAS, the Department of Transportation is desirous of obtaining Parcel C and Parcel D of the above-described property for the U. S. Highway 441 - Milledgeville By-Pass; and WHEREAS, this property is not needed by the State of Georgia and therefore is surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described property and, 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 Parcel A and Parcel B of the above-described real property shall be conveyed by appropriate instrument to the Development Authority of City of Milledgeville and Baldwin County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3 . That Parcel C and Parcel D of the above-described real property shall be conveyed by appropriate instrument to the Department of Transportation by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 and upon such other terms and conditions as Page 398 the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 4 . That, if the Development Authority of the City of Milledgeville and Baldwin County determines the need to convey all or a portion of Parcel A or Parcel B 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 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 6 . That a plat of survey shall be provided by purchaser, suitable for recording in Baldwin County, and presented to the Executive Director of the State Properties Commission for his approval. 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 March 28, 1990. Page 399 GEORGIA POWER COMPANY, ATLANTA GAS LIGHT COMPANY, METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY AND SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANYEASEMENT ACROSS STATE PROPERTY IN FULTON COUNTY. No. 61 (Senate Resolution No. 64). A RESOLUTION Authorizing the conveyance of certain state owned real property owned or to be acquired by the State of Georgia in Atlanta, Fulton County, Georgia; authorizing the granting of nonexclusive easements under, upon, over, across, and through certain real property owned or to be acquired by the State of Georgia in 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 tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 3 and 4 (containing.295 acre) and Tract 6 (containing.331 acres) and Tract 13 (containing 1.189 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 2 through 4, Fulton County records; Tracts 175 and 176 (containing.23 acres) and Tracts 170, 171, 172, 173 and 174 (containing 69 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 19 through 21, Fulton County records; Tract 130 (containing.2707 acre) and Tracts 140, 143 and 144 (containing.7029 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138, Fulton County records; and Tracts 24, 25, 27, 30 and 32 (containing 8.645 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 161, pages 87 through 89, Fulton County records; and WHEREAS, the State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 85 and 86 (containing 1.9767 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 10 Page 400 through 12, Fulton County records; Tracts 80, 81, 82, 83 and 84 (containing 2.7941 acres) and Tracts 60, 61, 62, 63, 64, 65, 66 and 67 (containing.4545 acres) as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 49 through 51, Fulton County records; Tracts 37, 39, 40 and 41 (containing.8556 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 160, pages 46 through 48, Fulton County records; and Tract 15-20 (containing 2.877 acres), as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 9 through 11, Fulton County records; and Tracts 222, 225 and 226, as shown on sheets one through three of a certain plat of survey recorded at Plat Book 158, pages 22 through 24, Fulton County records; and WHEREAS, the State of Georgia has contracted to acquire certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th Land District of Fulton County, Georgia, and being more particularly designated as Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F and Tracts 9-A and 9-B and Tract 10-A (containing 1.0030 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 165, pages 90 through 92, Fulton County records; Tracts 218 and 223 (containing.555 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 158, pages 22 through 24, Fulton County records; Tract 240 (containing.2746 acres) and Tract 227-A (containing.6615 acres) and Tract 237 (containing.2050 acres), as shown on sheets one through four of that certain plat of survey recorded at Plat Book 164, pages 101 through 104, Fulton County records; Tract 229-B (containing.2816 acres) and Tract 232 (containing.2704 acres) and Tract 233-A (containing.2815 acres) and Tract 227-C (containing.6596 acres) and Tract 231 (containing.6237 acres), as shown on sheets one through seven of that certain plat of survey recorded at Plat Book 165, pages 1 through 7, Fulton County records; and Tract 242 (containing 2.0934 acres), as shown on sheets one through three of that certain plat of survey recorded at Plat Book 164, pages 98 through 100, Fulton County records; and Tract 243 (containing 3.8459 acres), as shown on sheets one through five of a certain plat of survey recorded at Plat Book 164, pages 139 through 143, Fulton County records; and WHEREAS, Georgia Power Company needs to construct a new transmission line switching station within a portion of Tracts Page 401 175, 176 and 243, as well as to construct, operate, and maintain electric power transmission lines under, upon, over, across, or through a portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240 and Tracts 242 and 243, all of which will serve the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, Atlanta Gas Light Company needs to construct, operate, and maintain gas transmission lines under, upon, over, across, or through a portion of Tract 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240 and Tracts 242 and 243, which will serve the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority needs to construct, operate and maintain utility lines under, upon, over, across, or through a portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243; and WHEREAS, Southern Bell Telephone and Telegraph Company needs to construct, operate and maintain utility lines under, upon, over, across, or through a portion of Tract 32 and Tracts 242 and 243; and WHEREAS, all of the above-referenced tracts of land are in, or will be placed in, the custody of the Department of Industry, Trade, and Tourism. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 402 ARTICLE I Section 1 . (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the conveyance of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, 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, is authorized and empowered to convey all or any portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, for a monetary or other consideration, including the exchange of land, as shall be determined adequate by the State Properties Commission, which such conveyances shall be to a purchaser or purchasers for each such tract of land, or portion thereof, and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. (c) That the State Properties Commission shall cause to be prepared plats of survey, which for purposes of this resolution shall show, delineate, and describe the specific portion of Tracts 3 and 4, Tract 13, Tracts 175 and 176, and Tract 243, authorized to be conveyed by this resolution. ARTICLE II Section 2 . (a) That the State of Georgia has contracted to acquire or is the owner of the above-described real property and that, in all matters relating to the grant of nonexclusive easements under, upon, over, across, or through Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, 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, is authorized and empowered to grant to Georgia Power Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any Page 403 portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Atlanta Gas Light Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 130, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tract 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (d) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Metropolitan Atlanta Rapid Transit Authority, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tracts 7-A and 7-B, Tracts 9-A and 9-B, Tract 10-A, Tracts 11 through 13, Tracts 24, 25 and 27, Tracts 30, 31 and 32, Tracts 15-20, Tracts 237 and 240, and Tracts 242 and 243, for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (e) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to grant to Southern Bell Telephone and Telegraph Company, its successors and assigns, nonexclusive easements under, upon, over, across or through any portion of Tract 32 and Tracts 242 and 243, Page 404 for a monetary or other consideration as shall be determined adequate by the State Properties Commission, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. (f) That the State Properties Commission shall cause to be prepared plats of survey, which for purposes of this resolution shall show, delineate and describe the specific easement areas of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tract 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7-F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243, authorized to be granted by this resolution. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the conveyance of all or any portion of Tracts 3 and 4, Tract 13, Tract 175 and 176, and Tract 243, and the grant of nonexclusive easements under, upon, over, across and through any portion of Tracts 170 through 174, Tracts 130, 140, 143 and 144, Tracts 218, 222, 223, 225 and 226, Tracts 80 through 86, Tracts 60, 61, 62, 63, 64, 65, 66 and 67, Tracts 37, 39, 40 and 41, Tracts 15-20, Tracts 6, Tracts 7-A, 7-B, 7-C, 7-D, 7-E and 7F, Tracts 9-A and 9-B, Tract 10-A, Tract 13, Tracts 24, 25, 27, 30 and 32, Tracts 227-C and 229-B, Tracts 231 through 233, Tracts 237, 227-A and 240, and Tracts 242 and 243. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1990. Page 405 JENNIE WEYMAN MEMORIAL BRIDGE DESIGNATED. No. 62 (Senate Resolution No. 280). A RESOLUTION Designating the Jennie Weyman Memorial Bridge; and for other purposes. WHEREAS, Mrs. Jennie Weyman was born March 21, 1911, and attended Chatsworth Elementary School and Murray County High School; and WHEREAS, after her graduation, she attended Georgia State College for Women in Milledgeville, Georgia, from which she received a B. A. degree in liberal arts; and WHEREAS, she worked for Crown Crafts for 44 years; and WHEREAS, she tutored school children of all ages for 46 years; and WHEREAS, she was a lifelong member of the First Methodist Church of Chatsworth, Georgia, as well as a member of the Rebeccas, the Eastern Star, and the Chatsworth Garden Club; and WHEREAS, in recognition of her many contributions to the life of her community, it is fitting and proper to designate a bridge in her honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate that railroad bridge located in Chatsworth, Georgia, on Georgia Highway 52 as the Jennie Weyman Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy Page 406 of this resolution to the commissioner of the Department of Transportation and to the family of Mrs. Jennie Weyman. Approved March 28, 1990. DEPARTMENT OF NATURAL RESOURCESMINIMUM STANDARDS. No. 63 (Senate Resolution No. 331). A RESOLUTION Ratifying certain minimum standards and procedures of the Department of Natural Resources; to provide for an effective date; and for other purposes. WHEREAS, pursuant to Code Section 12-2-8 of the Official Code of Georgia Annotated, the Department of Natural Resources was authorized to develop minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state; and WHEREAS, on December 6, 1989, the Department and Board of Natural Resources adopted such minimum standards and procedures; and WHEREAS, Code Section 12-2-8 of the Official Code of Georgia Annotated, by reference to Code Section 50-8-7.2 of the Official Code of Georgia Annotated, provides that the initial minimum standards and procedures shall only become effective when ratified by joint resolution of the General Assembly; and WHEREAS, the initial minimum standards and procedures have been submitted to the General Assembly in accordance with the provisions of Code Sections 12-2-8 and 50-8-7.2 of the Official Code of Georgia Annotated and it is the desire of this General Assembly to ratify and approve said initial minimum standards and procedures. Page 407 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the initial minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state adopted by the Department and Board of Natural Resources on December 6, 1989, and on file in the office of the commissioner of natural resources are ratified and approved. BE IT FURTHER RESOLVED this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved March 28, 1990. TATTNALL COUNTYEASEMENT THROUGH STATE PROPERTY; CITY OF MORGAN; ANNEX STATE PROPERTY INTO CORPORATE LIMITS. No. 64 (Senate Resolution No. 413). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through property owned by the State of Georgia in Tattnall County, Georgia; consenting to the annexation of certain state owned real property located in Calhoun County into the corporate limits of the City of Morgan; 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 Department of Corrections; and WHEREAS, Tattnall County is expanding its solid waste landfill which is adjacent to the above-described state property; and Page 408 WHEREAS, Tattnall County is desirous of gaining access to the above-mentioned landfill across state property; and WHEREAS, the Commissioner of the Department of Corrections endorses the granting of this easement to Tattnall County; and WHEREAS, the State of Georgia is the owner of certain real property located in Calhoun County; and WHEREAS, such property is under the control of the Department of Corrections; and WHEREAS, a state correctional facility is being constructed on said state property; and WHEREAS, it would be beneficial to the State of Georgia to have the real property on which such state correctional facility is located annexed into the corporate limits of the City of Morgan so that the correctional facility could receive municipal services from the city; and WHEREAS, Code Sections 36-36-2 and 36-36-22 of the O.C.G.A. authorize the annexation of such property upon the application of the landowners affected; and WHEREAS, the Board of Commissioners of Calhoun County has indicated through its chairman that it does not oppose such annexation. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1 . That the State of Georgia is the owner of the hereinafter described real property in Tattnall County, 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 Page 409 Tattnall County Board of Commissioners a nonexclusive right-of-way easement for the construction, operation, and maintenance of a road right-of-way in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a road right-of-way, 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 right-of-way easement area is located in Georgia Militia District 1645 of Tattnall County, Georgia, and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor presented to and acceptable by 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 road right-of-way. Section 4 . That Tattnall 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 road right-of-way. Section 5 . That, after Tattnall County has put into use the road right-of-way 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, Tattnall County, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, its successors and assigns. Section 6 . That no title shall be conveyed to Tattnall County and, except as herein specifically granted to Tattnall 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 Tattnall County. Section 7 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or Page 410 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, Tattnall County shall remove or relocate its facilities at its sole cost and expense. Section 8 . That the easement granted to Tattnall 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 area, so long as the descriptions utilized by the State Properties Commission describe the same easement area herein granted. Section 9 . 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 road right-of-way. 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. ARTICLE II Section 1 . That the General Assembly and the State of Georgia grant their consent to the annexation by the City of Morgan of the real property located in Calhoun County subject to compliance with any and all other lawful requirements, which property is more particularly described as follows: All that tract or parcel of land situate, lying and being in Lot of Land Nos. 162 and 163 of the Third Land District of Calhoun County, Georgia, consisting of 168.872 acres and being more specifically described as follows: Begin at a reference point which lies on the north right-of-way of Georgia Highway No. 45 at a point where the same is intersected by the west right-of-way of County Road No. 58 and from said reference point run thence in a westerly direction along the north right-of-way of Georgia Highway No. 45 a distance of 1,530.2 feet to the point of beginning of the herein described property; thence continue in a westerly direction along the north right-of-way of Georgia Highway No. 45 the chord of which is south 88 degrees 54 minutes 12 seconds west for a distance of 686.83 feet to a Page 411 point; thence continue in a westerly direction along the north right-of-way of Georgia Highway No. 45 north 84 degrees 16 minutes 40 seconds west a distance of 1,796.93 feet to an iron pin; thence run north 0 degrees 54 minutes 32 seconds east a distance of 2,045.32 feet to an iron pin; thence run south 88 degrees 54 minutes 0 seconds east a distance of 1,669.94 feet to a concrete monument; thence run south 88 degrees 38 minutes 28 seconds east for a distance of 2,225.55 feet to an iron pin on the west right-of-way of County Road No. 58; thence run south 1 degree 1 minute 30 seconds east a distance of 1,308.37 feet to an iron pin; thence run north 88 degrees 38 minutes 28 seconds west for a distance of 675 feet to an iron pin; thence run south 60 degrees 32 minutes 31 seconds west a distance of 945 feet to an iron pin; thence run south 03 degrees 23 minutes 43 seconds east a distance of 370 feet to an iron pin and the point of beginning. The property herein described is more particularly defined and delineated by reference to a plat and survey of the same made by Grady Lodge Holman, prepared December 15, 1987, and said plat being entitled, Proposed Acquisition by the State of Georgia. Section 2 . That this article of this resolution shall constitute the consent, request, and application of the State of Georgia as the owner of the above-described real property on which the state correctional facility will be located pursuant to Code Sections 36-36-2 and 36-36-22 of the O.C.G.A. ARTICLE III Section 1 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1990. Page 412 GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT. Code Title 12, Chapter 8, Article 2 Revised. Code Section 50-8-7.3 Enacted. No. 1106 (Senate Bill No. 533). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the comprehensive revision of provisions relating to solid waste management; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for powers and duties of the Board of Natural Resources and the director of the Environmental Protection Division of the Department of Natural Resources; to provide for permits; to provide for procedures and requirements with respect to permits; to provide for examination and certification of certain operators; to provide for procedures and limitations with respect to siting near certain county boundaries, certain National Historic Sites, or certain significant ground-water recharge areas; to provide for restrictions regarding the permitting of certain landfills; to provide for public meetings with respect to site selection; to provide for notice; to provide for standards for certain facilities receiving special solid waste; to provide for transportation, fees, inspection, and prohibitions with respect to special solid waste; to provide for a solid waste trust fund; to require adequate financial responsibility with respect to certain facilities; to prohibit certain acts with respect to solid waste handling; to regulate the disposal of certain lead acid vehicle batteries; to provide for investigation and enforcement authority of the director; to provide for certain confidentiality; to provide for certain orders; to provide for administrative hearings and procedures; to provide for injunctive relief; to provide for legal assistance for the director; to provide for civil and criminal penalties; to provide for applicability; to provide for a State Solid Waste Management Plan; to provide for contents and required provisions; to provide for powers and duties of the Department of Community Affairs, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Environmental Facilities Authority with respect to such plan; to provide for the development and implementation of local solid waste management plans; to provide for powers and duties of Page 413 the Department of Community Affairs with respect to such plans; to provide for certain permit restrictions with respect to such plans; to provide for reports and record keeping; to provide for permits for certain regional facilities; to provide for procedures and negotiation with respect to such permits; to provide for a Recycling Market Development Council; to provide for membership, powers, duties, and authority; to provide for the labeling of certain rigid plastic containers or bottles; to provide for powers and duties of the commissioner of administrative services; to provide for a state solid waste collection program; to authorize the director to receive and administer certain financial aid; to provide for certain state grants; to provide for retention and use of certain funds; to provide for certain cost reimbursement fees and certain surcharges; to provide for a reduction in the generation of solid waste; to require certain accounting; to provide for certain exceptions with respect to applicability; to provide for the regulation of tire disposal; to authorize the imposition of certain restrictions regarding yard trash; to provide for regional solid waste management authorities; to provide for a short title; to provide for findings, determinations, and policies; to prohibit certain competition; to provide for certain tax exemptions; to provide for definitions; to provide for the creation of such authorities; to provide for control and management; to provide for directors; to provide for powers, duties, and authority of such authorities; to provide for limitations on liability; to provide for bonds and other obligations of such authorities; to provide for procedures with respect to such bonds and other obligations; to provide that such bonds or obligations shall not constitute certain state or local indebtedness; to provide for statutory construction; to provide for all related matters; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to provide for additional powers, duties, and authority of the department with respect to solid waste management education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking Article 2, relating to solid waste handling and disposal, and Page 414 inserting in its place a new Article 2 providing for solid waste handling and disposal and creating certain authorities to read as follows: ARTICLE 2 Part 1 12-8-20. This part shall be known and may be cited as the `Georgia Comprehensive Solid Waste Management Act.' 12-8-21. (a) It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for solid waste management which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment by reason of their location, design, method of operation, or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in solid waste. (b) It is further declared to be the policy of the State of Georgia to educate and encourage generators and handlers of solid waste to reduce and minimize to the greatest extent possible the amount of solid waste which requires collection, treatment, or disposal through source reduction, reuse, composting, recycling, and other methods and to promote markets for and engage in the purchase of goods made from recovered materials and goods which are recyclable. (c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992. Page 415 (d) It is further the intent of the General Assembly that the director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with primary responsibility for the solid waste management program. The director, in exercising any authority granted in this part, shall conform to and implement the policies outlined in this part and shall at all times coordinate his activities with those of other state agencies and local political jurisdictions so as to achieve a unified and effective solid waste management program in the state. (e) It is further intended by the General Assembly that the director of the Environmental Protection Division of the Department of Natural Resources shall, in exercising any authority granted in this part, recognize that the states which share common borders with Georgia also share the vital natural resources of clean air, clean surface waters, and clean ground waters which flow across those common borders and that, therefore, those bordering states have a mutual interest with Georgia to manage solid waste in a manner that does not threaten to contaminate the shared natural resources. The director shall also recognize, however, that such mutual interest may not exist between Georgia and states which do not share common borders and natural resources with it. Therefore, the director is instructed to be particularly mindful of the need to monitor, inspect, and regulate closely that solid waste generated from sources located in states not sharing common borders and natural resources with Georgia. 12-8-22. As used in this article, the term: (1) `Biomedical waste' means pathological waste, biological waste cultures and stocks of infections agents and associated biologicals, contaminated animal carcasses, (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials. (2) `Board' means the Board of Natural Resources of the State of Georgia. Page 416 (3) `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. (4) `Closure' means a procedure approved by the division which provides for the cessation of waste receipt at a solid waste disposal site and for the securing of the site in preparation for postclosure. (5) `Composting' means the controlled biological decomposition of organic matter into a stable, odor-free humus. (6) `Contaminant' means any physical, chemical, biological, or radiological substance or matter. (7) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (8) `Disposal facility' means any facility or location where the final deposition of solid waste occurs and includes but is not limited to landfilling and solid waste thermal treatment technology facilities. (9) `Division' means the Environmental Protection Division of the Department of Natural Resources. (10) `Financial responsibility mechanism' means a mechanism designed to demonstrate that sufficient funds will be available to meet specific environmental protection needs of solid waste handling facilities. Available financial responsibility mechanisms include but are not limited to insurance, trust funds, surety bonds, letters of credit, personal bonds, certificates of deposit, financial tests, and corporate guarantees as defined in 40 C.F.R. Part 264 Subpart HFinancial Requirements. (11) `Generator' means any person in Georgia or in any other state who creates solid waste. Page 417 (12) `Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated pursuant to the federal act by the administrator of the United States Environmental Protection Agency which are in force and effect on February 1, 1990, codified as Appendix VIII to 40 C.F.R. Part 261Identification and Listing of Hazardous Waste. (13) `Label' means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34. (14) `Landfill' means an area of land on which or an excavation in which solid waste is placed for permanent disposal and which is not a land application unit, surface impoundment, injection well, or compost pile. (15) `Leachate collection system' means a system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill. (16) `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. (17) `Materials recovery facility' means a solid waste handling facility that provides for the extraction from solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. (18) `Municipal solid waste' means any solid waste resulting from the operation of residential, commercial, governmental, or institutional establishments except such solid waste disposed of in a private industry solid waste disposal facility. The term includes yard trash but does not include solid waste from mining, agricultural, or silvicultural operations. Page 418 (19) `Municipal solid waste disposal facility' means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, and includes, but is not limited to, municipal solid waste landfills and solid waste thermal treatment technology facilities. (20) `Municipal solid waste landfill' means a disposal facility where any amount of municipal solid waste, whether or not mixed with or including other waste allowed under Subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, is disposed of by means of placing an approved cover thereon. (21) `Operator' means the person stationed on the site who is in responsible charge of and has direct supervision of daily field operations of a municipal solid waste disposal facility to ensure that the facility operates in compliance with the permit. (22) `Person' means the State of Georgia or any other state or any agency or institution thereof and any municipality, county, political subdivision, public or private corporation, solid waste authority, 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, solid waste authority, 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. (23) `Postclosure' means a procedure approved by the division to provide for long-term financial assurance, monitoring, and maintenance of a solid waste disposal site to protect human health and the environment. (24) `Private industry solid waste disposal facility' means a disposal facility which is operated exclusively by Page 419 and for a private solid waste generator for the purpose of accepting solid waste generated exclusively by said private solid waste generator. (25) `Recovered materials' means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. (26) `Recovered materials processing facility' means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste. (27) `Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products. (28) `Rigid plastic bottle' means any rigid plastic container with a neck that is smaller than the container body with a capacity of 16 ounces or more and less than five gallons. (29) `Rigid plastic container' means any formed or molded part comprised predominantly of plastic resin, having a relatively inflexible finite shape or form, and intended primarily as a single-service container with a capacity of eight ounces or more and less than five gallons. (30) `Solid waste' means discarded putrescible and nonputrescible waste, except water carried body waste and recovered materials, and shall include garbage; rubbish, such as 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 waste, such as waste materials generated in industrial operations; residue from solid waste thermal treatment technology; food processing Page 420 waste; demolition waste; abandoned automobiles; dredging waste; construction waste; and any other waste material in a solid, semisolid, or liquid state not otherwise defined in this part. Such term shall not include any material which is regulated pursuant to Article 2 of (Chapter 5 of this title, the `Georgia Water Quality Control Act,' or Chapter 9 of this title `The Georgia Air Quality Act of 1978.' (31) `Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities. (32) `Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste. (33) `Solid waste thermal treatment technology' means any solid waste handling facility the purpose of which is to reduce the amount of solid waste to be disposed of through a process of combustion, with or without the process of waste to energy. (34) `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 under such article originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24. (35) `Tire' means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment. (36) `Waste to energy facility' means a solid waste handling facility that provides for the extraction and utilization of energy from municipal solid waste through a process of combustion. (37) `Yard trash' means vegetative matter resulting from landscaping maintenance and land-clearing operations Page 421 other than mining, agricultural, and silvicultural operations. 12-8-23. In the performance of its duties the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following: (A) Rules and regulations governing and controlling solid waste handling, including measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest; (B) Rules and regulations prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits; (C) Rules and regulations concerning the establishment of permits by rule; (D) Rules and regulations establishing the use of a manifest during the generation and handling of special solid waste; (E) Rules and regulations governing and controlling the handling of special solid waste and biomedical waste; (F) Rules and regulations establishing criteria and a system of priorities for the distribution of any state Page 422 funds as may be made available through a grant-in-aid program to assist financially local governmental agencies or authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans; (G) Rules and regulations establishing procedures and requirements for the postclosure care of all solid waste disposal facilities, including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover; (H) 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 part and for the implementation of financial responsibility instruments; and (I) Rules and regulations establishing qualifications for municipal solid waste disposal facility operators and certification of such operators through colleges or universities of the University System of Georgia or other organizations as may be determined acceptable by the board; and (2) Take all necessary steps to ensure the effective enforcement of this part. 12-8-23.1. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this part and all rules and regulations, orders, or permits promulgated or issued under this part; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary; Page 423 (3) (A) To issue all permits contemplated by this part, stipulating in each permit the conditions or limitations under which such permit is to be issued, and to deny, revoke, transfer, modify, suspend, 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 the 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 the five years preceding the application for a permit; (v) Has knowingly, willfully, and consistently violated the prohibitions specified in Code Section 12-8-30.7; or (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 the five years preceding the application for a permit; (4) To make investigations, analyses, and inspections to determine and ensure compliance with this part, the Page 424 rules and regulations promulgated under this part, and any permits or orders which the director may issue; (5) To enter into such contracts as may be required or necessary to effectuate this part or the rules and regulations promulgated under this part; (6) To prepare, develop, amend, modify, submit, and implement any comprehensive plan or program sufficient to comply with this part or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state and to enforce such plan or program; (7) To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions of this state, and other designated organizations, authorities, or entities and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities; (8) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this part and all rules or regulations promulgated under this part; (9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this part, the rules and regulations promulgated under this part, or any orders or permits issued under this part; (10) To accept, receive, administer, and disburse grants from public or private sources for the purpose of the proper administration of this part or for the purpose of carrying out any of the duties, powers, or responsibilities under this part; (11) To grant variances in accordance with this part and the rules and regulations promulgated under this part, provided that such variances are not inconsistent with any Page 425 applicable federal act and rules or regulations promulgated under such federal act; (12) To require any person who is engaged in solid waste handling subject to the permit by rule provisions of this part to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity, identify the solid waste handled, and give any other information which may be deemed relevant, under such conditions as the director may prescribe; (13) To render technical assistance to state, regional, and local governments and others in the planning and operation of solid waste handling; (14) To develop criteria and a system of priorities for the distribution of any state funds as may be available through a state grant-in-aid program to assist financially local governments and authorities in the planning, implementing, maintaining, or operating of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part; (15) To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, authority, or agency of the state for the purpose of solid waste handling; provided, however, the financial review and approval or disapproval for a loan will be made by the Georgia Environmental Facilities Authority; (16) To develop environmental standards for solid waste management planning to assist local governments, authorities, and corporations in the preparation of local and regional plans prepared in accordance with the requirements of this part; (17) To advise and consult, cooperate, and contract with other agencies of this state, authorities, political subdivisions of this state, and other designated agencies, entities, persons, and corporations and with the governments of Page 426 other states and the United States and their several agencies, subdivisions, or designated organizations and entities on matters concerning educating the public on all aspects of proper solid waste management; and (18) To exercise all incidental powers necessary to carry out the purposes of this part. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper. 12-8-24. (a) No person shall engage in solid waste or special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity. (b) This part shall apply to all permits for which requests for site suitability or unsuitability letters are submitted on or after the effective date of this Act; provided, however, that the division may continue to review all documents, reports and studies relevant to the processing of any subsequent application for a permit for a solid waste handling facility for which a request for a site suitability or unsuitability letter is made on or after the effective date of this part so long as such permit is not issued until all applicable requirements of this part are met. (c) On or after the effective date of this part, any permit for the transportation of municipal solid waste from a jurisdiction generating solid waste to a municipal solid waste disposal facility located in another county shall be conditioned upon the jurisdiction generating solid waste developing and being actively involved in, by July 1, 1992, a strategy for meeting the state-wide goal of waste reduction by July 1, 1996. (d) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, 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, Page 427 however, that a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste or special solid waste handling shall occur 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 a newspaper of general circulation serving the county or counties in which the proposed activity will be conducted at least 30 days prior to such hearing. (e) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. (f) In the event of the modification, suspension, amendment, 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. (g) Prior to the issuance of any permit for a solid waste handling facility, the director shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the jurisdiction generating solid waste destined for the applicants' facility can demonstrate that they are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996. (h) No permit for a disposal facility shall be issued to any regional solid waste management authority created under Part 2 of this article, the `Regional Solid Waste Management Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste management plan pursuant to subsection (d) of Code Section 12-8-31.1. Page 428 (i) No permit shall be issued for a new solid waste thermal treatment technology facility unless the applicant meets or exceeds standards adopted by the board which shall be consistent with and at least as stringent as the Federal New Source Performance Standards for new municipal waste combustors outlined in regulations pursuant to the federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. 7401, et seq., as amended. (j) 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 facility. The division may require any generator in Georgia to cease offering solid waste for handling if such solid waste is not acceptable under standards promulgated by the board, and the division may prohibit the handling of such solid waste until waste management procedures acceptable to the division are developed. Such prohibition shall continue in effect until the waste management procedure for handling is approved in writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part. 12-8-24.1. (a) After July 1, 1992, no person shall perform the duties of a municipal solid waste disposal facility operator without being duly certified under this Code section. (b) After July 1, 1992, no municipal solid waste disposal facility shall be operated in Georgia unless the operator is certified under this Code section. All inspectors of municipal solid waste disposal facilities shall be certified to inspect the same. (c) The division is authorized to cooperate with the University System of Georgia or with any other appropriate organization approved by the director to develop a certification program which conforms with the requirements of this part. The division may classify all municipal solid waste disposal facilities required to have operators certified under this part with due regard to the size, type, character of the solid waste to be disposed of, and other physical conditions affecting such municipal solid waste disposal facilities according to the skill, knowledge, and experience that the operator in responsible charge must have to operate the facilities successfully so as to Page 429 protect the public health and welfare and prevent environmental problems. (d) Any certificate granted under this Code section shall be renewable as provided by rules of the board. (e) The division shall approve all examinations and courses to be used in determining the knowledge, ability, and judgment of applicants for certification under this Code section. (f) Upon application, a certificate may be issued without examination in a comparable classification to any person who holds a valid current certificate in any state, territory, or possession of the United States or any other country, provided that the requirements for certification of operators under which the person's certificate was issued do not conflict with this part and are of a standard not lower than that specified by regulations adopted under this part and provided, further, that reciprocal privileges are granted to certified operators of this state. (g) The director may investigate the actions of any operator and may revoke or suspend the certificate of an operator when the director finds that the operator has practiced fraud or deception; that reasonable care or 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. 12-8-25. (a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from March 15, 1988, through April 1, 1990, no permit shall be issued for a solid waste disposal facility 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 one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit Page 430 applications that are pending or made on or after March 15, 1988, and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. (2) Except as otherwise provided in subsection (b) of this Code section, until after April 1, 1990, no permit shall be issued to a private applicant for a solid waste disposal facility 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 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 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 facility' shall not mean or include any solid waste disposal facility which incorporates waste to energy processing, recycling, activities associated with the recycling process, or any combination of the foregoing. (3) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal facility in any county if any part of the site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a facility if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. Page 431 (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal facility is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal facility is transferred. (2) With respect to the expansion of a solid waste disposal facility for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of the site as expanded will be within one-half mile of an adjoining county. 12-8-25.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal facility within 5,708 yards of the geographic center of any of the three sites currently designated in Georgia as a National Historic Site; provided, however, that the director may permit a solid waste disposal facility at such a site if the applicant provides evidence that no alternative sites or methods are available in that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. 12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste 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. 12-8-25.3. (a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the Page 432 case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste management activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area. (b) In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contiguous and such counties or special districts have entered into a joint contract for the collection and disposal of solid waste. 12-8-26. (a) Any county, municipality, group of counties, or authority beginning a process to select a site for a municipal solid waste disposal facility must first call at least one public meeting to discuss waste management needs of the local government or region and to describe the process of siting facilities to the public. Notice of this meeting shall be published within a newspaper of general circulation serving such county or municipality at least once a week for two weeks immediately preceding the date of such meeting. A regional solid waste management authority created under Part 2 of this article must hold at least one meeting within each jurisdiction participating in such authority, and notice for these meetings must be published within a newspaper of general circulation serving each such jurisdiction at least once a week for two weeks immediately preceding the date of such meeting. (b) The governing authority of any county or municipality taking action resulting in a municipal solid waste disposal facility siting decision shall cause to be published within a newspaper of general circulation serving 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 and the meeting shall be conducted by the governing authority taking the action. Page 433 12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as `special solid waste' in paragraph (32) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities: (1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility and any corrective action which may be required as a condition of a permit or order of the director. (B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure; (2) The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and (3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all waste received by the facility in accordance with rules and regulations adopted by the board. (b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generation through all other handling, storage, treatment, and disposal. Any person who Page 434 transports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in violation of this part and shall be subject to all penalties available under this part. (c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director. (d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or disposer which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be generated shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director. (e) If any state or local law, ordinance, or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately. 12-8-27.1. (a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-27, and Code Section 12-8-30.6 and all interest earned by such moneys deposited in such fund may be expended by the director, with the approval of the board, for the following purposes: Page 435 (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; and (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure. (b) If the director determines that a special solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited in the solid waste trust fund. (c) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director. 12-8-27.2. (a) No solid waste handling 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 or to carry out any corrective action which may be required as a condition of a permit. The available financial responsibility mechanisms shall be expansive with adequate Page 436 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, utilizing actuarially sound risk-spreading techniques. The director shall require the demonstration of financial responsibility prior to issuing a permit for any solid waste handling facility. (b) The provisions of this Code section shall not apply to any county, municipality, authority, or special district empowered to engage in solid waste management activities which operates or maintains a solid waste handling facility unless and until such times as federal regulations require counties, municipalities, or special districts to demonstrate financial responsibility for such facilities. 12-8-28. (a) After January 1, 1991, no person may place a used lead acid vehicle battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid vehicle battery except by delivery to a battery retailer or wholesaler, to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries. (b) After January 1, 1991, no battery retailer shall dispose of a used lead acid vehicle battery except by delivery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recovered materials processing facility that accepts lead acid vehicle batteries. (c) After January 1, 1991, any person selling lead acid vehicle batteries at retail or offering lead acid vehicle batteries for retail sale in this state shall: (1) Accept, at the point of transfer, lead acid vehicle batteries from customers for recycling; and (2) Post written notice, which must be at least 8 inches by 11 inches in size and must contain the universal recycling symbol and the following language: Page 437 `IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE. RECYCLE YOUR USED BATTERIES. STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.' (d) After January 1, 1991, any person selling lead acid vehicle batteries at wholesale or offering lead acid vehicle batteries for sale at wholesale must accept, at the point of transfer, lead acid vehicle batteries from customers. 12-8-29. The director shall have the authority to investigate any apparent violation of this part and to take any action authorized under this part as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this part. 12-8-29.1. The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to solid waste handling in this state. 12-8-29.2. (a) Any information relating to secret processes, devices, or methods of manufacture or production, or quantities and sources of recovered materials being privately processed, obtained by the director or his agents in the administration of this part shall be kept confidential. (b) In the event the employment of the director or his agents with the department terminates for any reason, the confidentiality requirement outlined in subsection (a) of this Code section shall continue to apply to such persons. Any person who violates this subsection shall be guilty of a misdemeanor. Such criminal penalty shall be in addition to such civil remedies as may be available to any party. 12-8-30. Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, Page 438 the director may issue an order directed to such violator or violators. The order shall specify the provisions of this part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing no later than 30 days after such order is served on such person or persons. 12-8-30.1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but shall be afforded a hearing within 48 hours. 12-8-30.2. All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this part shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. 12-8-30.3. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal or modified on any review or appeal from which no further review is taken or allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court. 12-8-30.4. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice Page 439 which constitutes or will constitute any violation of this part, the director may apply to the superior court of the county where such person resides, or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order restaining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 12-8-30.5. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this part. 12-8-30.6. (a) Any person, provided that person is a public authority or a city or county government located within the boundaries of Georgia, violating any provision of this part or rules or regulations adopted pursuant to this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $1,000.00 for such violation and for an additional civil penalty not to exceed $500.00 for each day during which such violation continues. Any person other than a public authority or a city or county government located within the boundaries of Georgia violating any provision of this part or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this part shall be liable for a civil penalty not to exceed $25,000.00 per day for each day during which such violation continues. (b) Whenever the director has reason to believe that any person has violated any provision of this part or any rule or regulation effective under this part or has failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before an administrative law judge appointed by the board. Upon finding that said person has violated any provision of this part or any rule or regulation effective under this part or has failed or refused to comply with any final order or emergency order of the director, the administrative law judge shall issue Page 440 his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) In rendering a decision under this Code section imposing civil penalties, the administrative law judge shall consider all factors which are relevant, including, but not limited to, the following: (1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (2) The character and degree of impact of the violation or failure to comply on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure to comply; (4) Any prior violations or failures to comply by such person with regard to statutes, rules, regulations, or orders administered, adopted, or issued by the director; (5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure to comply; (6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure; and (7) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out. (d) All civil penalties recovered by the director as provided in this Code section shall be paid into the solid waste Page 441 trust fund established pursuant to the provisions of Code Section 12-8-27.1. 12-8-30.7. It shall be unlawful for any person to engage in solid waste handling except in such a manner as to conform to and comply with all applicable rules, regulations, and orders established under this part. 12-8-30.8. Any person who violates any provision of this part shall be guilty of a misdemeanor. Each day of continued violation after conviction shall constitute a separate offense. 12-8-30.9. No provision of this part and no rule, regulation, or ruling of the board or the director shall be construed to be a limitation: (1) On the power of a municipality, county, authority or special district to adopt and enforce additional regulations, not in conflict with this part, imposing further conditions, restrictions, or limitations with respect to the handling or disposal of municipal solid waste; (2) On the power of a municipality, county, authority, or special district to declare, prohibit, and abate nuisances; (3) On the power of the Attorney General, at the request of the director or upon his own violation, to bring an action in the name of the State of Georgia; or (4) On the power of any state agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer. 12-8-30.10. This part shall not apply to any individual disposing of solid waste originating from his own residence onto land or facilities owned by him when disposal of such waste does not thereby adversely affect the public health. 12-8-31. (a) By January 1, 1991, the division, jointly with the Department of Community Affairs and in cooperation with the Georgia Environmental Facilities Authority and local government officials, shall develop a state solid waste management plan. Page 442 (b) The state solid waste management plan shall be submitted to the Governor's Development Council and shall serve as the guide for the development of local plans and regional plans for solid waste management. (c) The state solid waste management plan shall include but not be limited to: (1) A general analysis of solid waste management practices currently in use, management alternatives and technologies available, and their application; (2) Procedures and strategies for meeting state goals and objectives for waste reduction; (3) Minimum standards and procedures to be met by local and regional solid waste management plans, including the assurance of adequate solid waste handling capability and capacity for the subsequent ten-year period which shall specifically include adequate collection capability; (4) A procedure for informing the public annually of the locally incurred costs of solid waste management; (5) Procedures for ensuring cooperative efforts on solid waste management planning by the state, regional development centers, local governments, groups of local governments, and private companies, including a description of the means by which the state will encourage local governments to pursue regional approaches; (6) A description of public and private alternatives for the provision of solid waste management services; (7) A description of the respective roles of agencies in the implementation of a state-wide public information education program on solid waste management which emphasizes grass roots participation of all age levels; (8) Methods of assuring public participation in the planning and decision-making processes; and Page 443 (9) Methods for assuring implementation of the state solid waste management plan. (d) In monitoring and reporting on the implementation success of the state solid waste management plan required under this Code section, the Department of Community Affairs, with the cooperation of the division and the Georgia Environmental Facilities Authority, beginning in January, 1992, shall report annually to the Governor and the General Assembly on the status of solid waste management in Georgia. The annual report shall include but not be limited to: (1) The status of local and regional solid waste planning in Georgia; (2) The number and types of solid waste handling facilities in Georgia; (3) The remaining permitted capacity of each permitted solid waste handling facility; (4) The number and types of solid waste grants made to local governments; (5) The number and types of solid waste loans made to local governments; (6) A compilation and analysis of solid waste management data provided by cities and counties in their annual reports; (7) A statement of progress achieved in meeting the goal established in subsection (c) of Code Section 12-8-21; (8) A statement of progress achieved in solid waste management education; (9) Any revisions in the state solid waste management plan which are deemed necessary; and (10) Recommendations for improving the management of solid waste in this state. Page 444 12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a regional solid waste plan but in either case shall conform to the plan development procedures outlined in Chapter 70 of Title 36 and Articles 1 and 2 of Chapter 8 of Title 50 and to minimum standards and procedures developed by the Department of Community Affairs as outlined in this Code section. (b) The local or regional solid waste plan shall provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors. (c) The review process for local and regional solid waste management plans shall be as outlined in Articles 1 and 2 of Chapter 8 of Title 50 and in Chapter 70 of Title 36. The regional development center for each geographical location in which a local or regional plan applies shall confirm that the local or regional plan is consistent with the state solid waste management plan. (d) Effective January 1, 1992, each city and county shall report annually to the Department of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdictions within their region. The annual report shall include but not be limited to: (1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste generation in the planning area since the previous reporting period and total cumulative progress made towards meeting the 25 percent reduction goal; Page 445 (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required. (e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following: (1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any; (2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local or regional solid waste management plan, if any; and (3) Demonstration that the host jurisdiction and the jurisdiction generating solid waste destined for the applicant's facility are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. (f) This Code section shall not apply to any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a Page 446 local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure. (g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste; (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or (3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility. 12-8-32. (a) Prior to submission of an application to the division for a permit for a regional solid waste disposal facility, conflicts as defined in Articles 1 and 2 of Chapter 8 of Title 50 shall follow the mediation procedures developed by the Department of Community Affairs pursuant to Articles 1 and 2 of Chapter 8 of Title 50. Upon the submission of any application to the division for any municipal solid waste disposal facility for which a permit other than a permit by rule is required by the division, the permit applicant shall within 15 days of the date of submission of the application publicize the submission by public notice and in writing as follows: (1) If the application is for a facility serving no more than one county, the public notice shall be published in a newspaper of general circulation serving the host county, Page 447 and each local government in the county and the regional development center shall further be notified in writing of the permit application; (2) If the application is for a facility serving more than one county, the public notice shall be published in a newspaper of general circulation serving each affected county, and each local government within said counties and the regional development center shall be further notified in writing of the permit application; and (3) The public notice shall be prominently displayed in the courthouse of each notified county. (b) The division shall review the application and supporting data, make a determination as to the suitability or unsuitability of the proposed site for the intended purpose, and notify the applicant and the host local government if different from the applicant in writing of its determination. (c) Upon receipt from the division of notice that the proposed site is suitable for the intended purpose, the applicant shall within 15 days of receipt of such notification publicize the fact by public notice as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section. Further, within 45 days of receipt of such notification from the division, the host local government for the proposed site shall as outlined in paragraphs (1), (2), and (3) of subsection (a) of this Code section advertise and hold a public meeting to inform affected residents and landowners in the area of the proposed site and of the opportunity to engage in a facility issues negotiation process. (d) Following notification of the applicant of the proposed site's suitability, the division may continue to review the applicant's permit application but the director shall not take any action with respect to permit issuance or denial until such time as the local notification and negotiation processes described in this Code section have been exhausted. (e) The division shall not be a party to the negotiation process described in this Code section, nor shall technical environmental issues which are required by law and rules to be Page 448 addressed in the permitting process be considered negotiable items by parties to the negotiation process. (f) Within 30 days following a public meeting held in accordance with subsection (c) of this Code section, a facility issues negotiation process shall be initiated by the host local government upon receipt of a written petition by at least 25 affected persons, at least 20 of whom shall be registered voters of or landowners in the host jurisdiction. Multiple petitions may be consolidated into a single negotiating process. For the purposes of this subsection, the term `affected person' means a registered voter of the host local government or of a county contiguous to such host local government or a landowner within the jurisdiction of the host local government. (g) Within 15 days following receipt of such written petition, the host local government shall validate the petition to ensure that the petitioners meet the requirements of this Code section. (h) Within 15 days following the validation of the written petition to negotiate, the host local government shall notify the petitioners by publication as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section; shall notify the permit applicant if different from the host local government, the division, and the regional development center that the negotiation process is being initiated; and shall set a date for a meeting with the citizens facilities issues committee, the host local government, and the permit applicant not later than 30 days following validation of such written petition to negotiate. (i) The petitioning persons shall select up to ten members, at least eight of whom shall be registered voters or landowners in the host local government, to serve on a citizens facility issues committee to represent them in the negotiation process. The membership of the citizens facility issues committee shall be chosen within 15 days following the validation of such written petition pursuant to this Code section. (j) The negotiation process shall be overseen by a facilitator named by the host local government, after consultation with the citizens facility issues committee, from a list provided by the Department of Community Affairs. The function of the Page 449 facilitator shall be to assist the petitioners, the host local government, and the permit applicant, if different from the host local government, through the negotiation process. The cost, if any, of the facilitator shall be borne by the permit applicant. (k) Beginning with the date of the first negotiation meeting called in accordance with subsection (h) of this Code section, there shall be no fewer than three negotiation meetings within the following 45 day period unless waived by consent of the parties. Such negotiation meetings shall be presided over by the facilitator named in subsection (j) of this Code section and shall be for the purpose of assisting the petitioners, the host local government, and the permit applicant, if different from the host local government, to engage in nonbinding negotiation. (l) Minutes of each meeting and a record of the negotiation process shall be kept by the host local government. (m) All issues except those which apply to environmental permit conditions are negotiable. Environmental permit conditions are not negotiable. Issues which may be negotiated include but are not limited to: (1) Operational issues, such as hours of operation; (2) Recycling efforts that may be implemented; (3) Protection of property values; (4) Traffic routing and road maintenance; and (5) Establishment of local advisory committees. (n) At the end of the 45 day period following the first negotiation meeting, the facilitator shall publish a notice of the results, if any, of the negotiation process in the same manner as provided in paragraphs (1), (2), and (3) of subsection (a) of this Code section and shall include the date, time, and place of a public meeting to be held within ten days after publication at which the input of persons not represented by the citizens facility issues committee may be received. Page 450 (o) The negotiated concessions reached by the negotiating parties shall be reduced to writing and executed by the chairman of the citizens facility issues committee and the chief elected official of the host local government and shall be adopted by resolution of the host local government. (p) If the negotiating parties fail to reach consensus on any issue or issues, the permit applicant may nonetheless proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have failed to reach consensus. (q) If the negotiating parties reach consensus on negotiated issues, the permit applicant may proceed to seek a permit from the division. The facilitator shall notify the division in writing that the negotiating parties have reached consensus. (r) Negotiated concessions shall not be construed as environmental permit conditions. (s) Upon receipt of a written notification from the facilitator that the parties to negotiation have reached consensus or have failed to reach consensus on negotiated issues, and upon written notification from the permit applicant that he wishes to pursue permitting of the solid waste disposal facility for which an application has been filed, the director shall proceed to process the permit in accordance with Code Section 12-8-24. 12-8-33. (a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows: (1) Seven members appointed by the Governor representing the paper, glass, aluminum, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling; (2) One member who is an elected municipal official to be appointed by the Governor; (3) One member who is an elected member of a county governing authority to be appointed by the Governor; Page 451 (4) One member appointed by the Speaker of the House of Representatives; (5) One member appointed by the Lieutenant Governor; and (6) One representative each from the Department of Administrative Services; the Department of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources. (b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly. (c) The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished. 12-8-34. (a) On and after January 1, 1991, it shall be unlawful to manufacture for use in Georgia or offer for sale in Georgia any rigid plastic container or rigid plastic bottle which is not labeled in accordance with subsection (b) of this Code section. (b) On and after January 1, 1991, any rigid plastic container or rigid plastic bottle manufactured for use in Georgia or offered for sale in Georgia shall be labeled with a code molded into the plastic product which indicates the resin used to produce the bottle or container. Such coding shall conform with the following: (1) Rigid plastic containers or rigid plastic bottles with basecups or other components of the secondary material may, if the materials are compatible in recycling systems, carry the code of the basic material (even when the basic code is applied to the basecup of the secondary material); otherwise `7-other' is appropriate. (2) The label code shall consist of a number placed inside a triangle and letters placed below the triangle as Page 452 required by paragraph (3) of this subsection. The triangle shall be equilaterial, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number; (3) The numbers and letters used on labels described in subsections (a) and (b) of this Code section and their interpretations shall be as follows: `1-PETE' (polyethylene terephthalate) `2-HDPE' (high-density polyethylene) `3-V' (vinyl) `4-LDPE' (low-density polyethylene) `5-PP' (polypropylene) `6-PS' (polystyrene) `7-OTHER' All other resins and layered multimaterial. 12-8-35. (a) The commissioner of administrative services shall: (1) By July 1, 1990, commence a review of all goods and products purchased to determine what percentage of state purchases contain recycled materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report of his findings with the General Assembly and the Governor; and (2) By July 1, 1990, commence a review of the purchasing specifications, practices, and procedures of the State of Georgia, paying particular attention to any procedures and specifications which concern or impact the purchase Page 453 of recovered materials or goods or products made from recovered or recyclable materials, which review shall be completed by December 31, 1991, and, upon completion of his review, file a report to the Governor and the General Assembly with recommendations for procedures and specifications for state purchasing which promote the increased purchase of goods or products made from recovered materials and goods or products which are recyclable; provided, however, that the commissioner of administrative services shall not propose any procedure or specification which would be economically infeasible or which would cause the state to sacrifice quality or performance standards or would unduly restrict free and open competition among vendors. (b) In conducting any review required under this Code section, the commissioner of administrative services shall consider those specifications adopted or recommended by the United States government pursuant to 40 C.F.R. Parts 248, 249, 250, 252, and 253. 12-8-36. (a) Each state agency which is located in a state owned building and the General Assembly, in cooperation with the Georgia Building Authority, shall establish a collection program for recovered materials generated as a result of agency operations, including, at a minimum, aluminum, high-grade office paper, and corrugated paper. The collection program shall be coordinated by the Georgia Building Authority, which at a minimum shall establish procedures for collection and storage of recovered materials and contractual or other arrangements for transportation and purchase of said recovered materials. (b) The Georgia Building Authority is authorized to expand the state collection program to cover any recovered materials not specifically referenced in this Code section and to engage in, contract for, or otherwise allow or arrange for programs which promote the composting of yard waste from state office buildings. (c) Nothing in this part shall prohibit any state agency from engaging in, contracting for, or otherwise allowing or Page 454 arranging for composting of yard waste on property owned or controlled by said agency. 12-8-37. The director shall be the state representative to receive and administer financial aid from the federal government or other public or nonprofit sources for purposes of solid waste management. 12-8-37.1. (a) The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or instruction, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part. (b) The director shall administer all funds granted by the state pursuant to this Code section. 12-8-38. Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the division for use in the operation and maintenance of that area. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. 12-8-39. (a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as Page 455 determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs as required by Code Section 12-8-39.2. Such fee shall be imposed equally upon all users of the municipal solid waste disposal facility. (b) A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after the effective date of this part, shall be paid into a local restricted account and shall be used for solid waste management purposes only. (c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments. (d) Effective January 1, 1992, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility and may be used to offset the impact of the facility, public education efforts for solid waste management, the cost of solid waste management, and the administration of the local or regional solid waste management plan. 12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste generated within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21. 12-8-39.2. Effective January 1, 1992, each city and county shall be required to report to the Department of Community Affairs the total annual cost of providing solid waste management Page 456 services and to disclose this information to the public. The Department of Community Affairs shall develop the forms, rules, and procedures necessary for cities and counties to meet the requirements of this Code section. 12-8-40. This article shall not apply to any individual, corporation, partnership, or cooperative disposing of livestock-feeding facility waste from facilities with a maximum total capacity of 1,000 cattle or 5,000 swine, provided that if such individual, corporation, partnership, or cooperative shall provide an approved waste disposal system which is capable of properly disposing of the runoff from a `ten-year storm,' such individual shall be further exempt regardless of total per head capacity. Nothing in this article shall limit the right of any person to use poultry or other animal manure for fertilizer. 12-8-40.1. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on tires originating in or which may ultimately be disposed of in its area of jurisdiction. These restrictions may include but are not limited to: (1) A ban on the disposal of tires at solid waste disposal facilities within its control; and (2) A requirement that tires be recycled, shredded, chopped, or otherwise processed in an environmentally sound manner prior to disposal at solid waste disposal facilities owned or operated by the city, county, or authority. 12-8-40.2. Effective July 1, 1990, each city, county, or solid waste management authority shall have the right to impose certain restrictions on yard trash which is generated in or may ultimately be disposed of in its are of jurisdiction. These restrictions may include but are not limited to: (1) A requirement that yard trash not be placed in or mixed with municipal solid waste; (2) A ban on the disposal of yard trash at municipal solid waste disposal facilities within its jurisdiction; or Page 457 (3) A requirement that yard trash be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling. Part 2 12-8-50. This part shall be known and may be cited as the `Regional Solid Waste Management Authorities Act.' 12-8-51. (a) This part is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this part is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. For such reasons, the state covenants from time to time with the holders of the bonds issued under this part that such authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. (b) It is the express policy of the State of Georgia that any authority created by this part shall be authorized with respect to any solid waste which the generator thereof, county, or municipal corporation makes available to such authority to enter into agreements in furtherance of a project granting, directing, or providing for an exclusive right or rights in any authority with respect to such solid waste, including, but not limited to, the exclusive right to collect, acquire, receive, transfer Page 458 store, treat, process, utilize, sell, or dispose of discarded solid waste; provided, however, no authority created by this part and no county or municipal corporation or other governmental body shall have the right to enter into agreements or to enact ordinances or resolutions providing for any rights with respect to recovered materials or substances, materials, or resources contained in solid waste as may be separated for recycling, use, or reuse at any time prior to pickup by or delivery to any authority, county, municipal corporation, or persons under contract with such authority, county, or municipal corporation. (c) Notwithstanding any other provision of this part, no authority shall compete unfairly with the private sector by purchasing or offering to purchase recovered materials at prices higher than the highest prevailing market prices in the county in which the purchase is made for recovered materials of like grade and quality. 12-8-52. As used in this part, the term: (1) `Authority' means each public corporation created pursuant to this part. (2) `Collection' means the aggregating of solid waste from its primary source and includes all activities up to such time as the waste is delivered to the place at which it is to be processed. (3) `Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the project and facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for project functions; 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 the project in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all Page 459 expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this part. The costs of any project may also include 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 for the operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the project and may be paid or reimbursed as such out of the proceeds of user fees, of revenue bonds or notes issued under this part for such project, or from other revenues obtained by the authority. (4) `County' means any county of this state or a governmental entity formed by the consolidation of a county and one or more municipal corporations. (5) `Governing body' means the elected or duly appointed officials constituting the governing body of each municipal corporation and county in the state. (6) `Municipal corporation' means any city or town in this state. (7) `Project' means: (A) The collection, transportation, and management of solid waste and shall also mean any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, utilization, or final disposal of resources contained in solid waste, including the conversion of solid waste or resources contained therein into compost, oil, charcoal, gas, or any other product or energy source and the collection, storage, treatment, utilization, processing, or final disposal of solid waste in connection with the foregoing; and Page 460 (B) Any property, real or personal, used as or in connection with a facility for the composting, extraction, collection, storage, treatment, processing, or utilization of water resources and the conversion of such resources into any compost or useful form of energy. 12-8-53. (a) There is created in and for each county and municipal corporation in this state a public body corporated and politic, to be known as the `solid waste management authority' of such county or municipal corporation. No authority shall transact any business or exercise any powers under this part until the governing body of the county by proper resolution of its board of commissioners, or, if a municipal corporation, by proper ordinance or resolution of its council, declares that there is a need for an authority to function in the county or municipal corporation. (b) Any two or more counties or municipal corporations or a combination thereof may jointly form an authority, to be known as the `regional solid waste management authority' for such counties and municipal corporations. No authority shall transact any business or exercise any powers under this part until the governing authorities of the units of local government involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of the unit of local government to enter into an agreement with the other units of local government for the activation of an authority and such agreement is executed. 12-8-54. Control and management of the authority shall be vested in a board of at least five directors who shall be residents of the county or municipal corporation which is a member of the authority. At least three of such directors shall be elected officials of the county or municipal corporation which is a member of the authority. The directors shall serve at the pleasure of the governing authority of the county or municipal corporation. Directors shall be appointed, and may be reappointed, for terms of four years. In the case of a regional solid waste management authority, each unit of local government participating in the authority shall appoint two members, with an additional member to be appointed by the directors themselves. The directors shall elect one of their members as Page 461 chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties. The directors may make bylaws and regulations for the governing of the authority and the operation of projects and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper. 12-8-55. A majority of the directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors. 12-8-56. (a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation and operated, either as owner of all or of any part in common with others, a project or projects within the county in which the authority is activated and, subject to execution of agreements with the appropriate political subdivisions affected, within other counties and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or from any other contribution or user fees, all of which the authority is authorized to receive, accept, and use; (4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, by condemnation in accordance with any and all laws applicable to the condemnation of property for public Page 462 use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project; the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired; or the demolition to make room for such project or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authoirty may also use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private. Title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority, upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corporations and counties and Page 463 by such municipal corporations and counties to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this part and may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this part, as the parties thereto shall deem to be in their best interests, including, but not limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposal with respect to such facility. In carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement Page 464 may be binding upon the authority without further action or approval of the authority; (7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or instrumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, department, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (8) To do any and all things necessary or proper for the accomplishment of the objectives of this part and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this part, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (9) To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this part and to pay Page 465 all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 12-8-58; and (10) To fix rentals and other charges which any user shall pay to the authority for the use of the project or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. Such rentals and other charges shall be so fixed and adjusted with respect to the aggregate thereof from the project or any part thereof so as to provide a fund with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project. 12-8-57. Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his responsibilities, shall be subject to any liability resulting from: (1) The design, construction, ownership, maintenance, operation, or management of a project; or (2) The carrying out of any of the discretionary powers or duties expressly provided for in this part. 12-8-58. (a) Subject to the limitations and procedures provided by this Code section, the obligations of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may provide for the pledging of all or any part of its revenues, Page 466 income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may convenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes executed by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this part, all or part of the cost of any project, including the cost of extending, financing, adding to, or improving such project, or for the purpose of refunding any bond anticipation notes issued in accordance with this part or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obligations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, Page 467 unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this part, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitations with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this part. (g) All revenue bonds issued by an authority under this part will be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as provided in subsection (f) of this Code section and except as specifically set forth below: (1) Revenue bonds issued by an authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such Page 468 exchangeability an transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a minimum per annum rate of interest specified in such notices or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (h) The term `cost of project' shall have the meaning prescribed in paragraph (3) of Code Section 12-8-52 whenever referred to in bond resolutions of an authority, bonds and bond anticipation notes issued by an authority, or notices and proceedings to validate such bonds. 12-8-59. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, municipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. Page 469 However, provisions of this Code section shall not preclude counties, municipal corporations, or other political subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a regional solid waste authority as part of its demonstration of adequate financial responsibility pursuant to this part. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bonds or obligation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal corporation, or political subdivision. 12-8-59.1. (a) This part shall be liberally construed to effect the purposes hereof. Sale or issuance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the `Georgia Securities Act of 1973,' or any other law. (b) A municipal corporation, a county, or any number of counties and municipal corporations shall have the right to activate any authority under this part, notwithstanding the existence of any other authority having similar powers or purposes within the county or municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this part shall be construed as repealing, amending, superseding, or altering the organization of or abridging the powers of such authorities as are now in existence. Section 2 . Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, is amended by adding immediately following Code Section 50-8-7.2 a new Code section describing further powers, duties, and authority of the Department of Community Affairs, to be designated Code Section 50-8-7.3, to read as follows: 50-8-7.3. (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 Page 470 establish a solid waste management education program in the state. Such program shall include, but not be limited to, the following: (1) (A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management. (B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educators; and other areas as the Governor may deem appropriate. (C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the department; and (2) (A) The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste. (B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state government relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educational programs. Page 471 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, 1990. AUGUSTA JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 1107 (House Bill No. 1574). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to six the number of judges for the Augusta Judicial Circuit; to provide for the appointment and term of the initial judge; to provide for the election and term of successors to the initial judge; to provide for the qualifications and for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereto and provide for duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter for said circuit and the compensation of that reporter; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 472 Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (5) and inserting in its place a new paragraph (5) to read as follows: (5) Augusta Circuit..... 6 Section 2 . The number of superior court judges of the Augusta Judicial Circuit is increased from five to six. The initial judge to fill the sixth judgeship shall be appointed by the Governor for a term beginning July 1, 1990, and ending December 31, 1992, and until a successor is elected and qualified. Thereafter, said sixth judge shall be elected in 1992 and quadrennially thereafter for a term of four years as provided by law. Section 3 . The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Augusta Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4 . The six judges of the superior courts of the Augusta Judicial Circuit of Georgia in transacting the business of said court and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect thereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The six judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business Page 473 and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts and of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge, as defined in this section, shall control. Section 5 . The six judges of the Augusta Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 6 . Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 7 . This Act shall become effective July 1, 1990, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 474 COWETA JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 1108 (House Bill No. 1946). 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 fourth judge of the superior courts of the Coweta 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 empanelling jurors; to provide for an additonal court reporter for said circuit; to authorize the governing authorities of the counties comprising the Coweta Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraph (14) and inserting in its place a new paragraph to read as follows: (14) Coweta Circuit..... 4 Section 2 . One additional judge of the superior courts is added to the Coweta Judicial 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, 1990, and continuing Page 475 through December 31, 1992, and until his successor is elected and qualified. His successor 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, 1992, for a term of four years beginning on the first day of January, 1993, and until his successor is elected and qualified. Future successors shall be elected at the general election each four years thereafter 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 their election. Such elections shall be held and conducted in the manner provided by law for the election of judges of 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 Coweta Judicial Circuit of Georgia shall designate with the proper authority in all general elections 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 Coweta Judicial Circuit of Georgia provided for in this Act 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 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 of the Coweta Judicial Circuit. The salary supplements enacted by the counties of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act. Page 476 Section 7 . All writs and processes in the superior courts of the Coweta 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 the four judges of said circuit with equal 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 Coweta 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, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The senior judge shall have the right to appoint referees of the juvenile courts in the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit, the senior judge in point of continuous service shall appoint the judge of said court as provided by law. The four judges of the superior courts of the Coweta Judicial Circuit shall have and 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. 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 senior judge as defined in this Act shall control. Section 9 . The drawing and empanelling 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 each of them, shall have full power and authority to draw and empanel 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 four judges of the Coweta Judicial Circuit shall be authorized and empowered to appoint an additional Page 477 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 Coweta Judicial Circuit may bear teste in the name of any judge of said Coweta 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 12 . The governing authorities of the counties comprising the Coweta Judicial Circuit shall provide the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. 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 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 statutes of the State of Georgia. Section 14 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create an additional judgeship for the superior courts of the Coweta Judicial Circuit; to provide for a local salary supplement to be paid to the additional superior court judge from funds of the counties comprising the Coweta Judicial Circuit; to provide for related matters; and for other purposes. Page 478 This 15th day of January, 1990. HONORABLE LEONARD MEADOWS REPRESENTATIVE, 91st DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard R. Meadows, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following date: January 19, 1990. /s/ Leonard R. Meadows Representative, 91st District Sworn to and subscribed before me, this 22nd day of January, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create an additional judgeship for the superior courts of the Coweta Judicial Circuit; to provide for a local salary supplement to be paid to the additional superior court judge from funds of the counties comprising the Coweta Judicial Circuit; to provide for related matters; and for other purposes. This 16th day of January, 1990. Page 479 /s/ Charles Thomas, Jr. Honorable Charles A. Thomas, Jr., Representative, 69th District. /s/ John Simpson. Honorable John Simpson, Representative, 70th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr., who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Georgian which is the official organ of Carroll County, on the following date: January 26, 1990. /s/ Charles A. Thomas, Jr. Representative, 69th District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) GEORGIA, TROUP COUNTY Before me personally appeared, Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Page 480 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create an additional judgeship for the superior courts of the Coweta Judicial Circuit; to provide for a local salary supplement to be paid to the additional superior court judge from funds of the counties comprising the Coweta Judicial Circuit; to provide for related matters; and for other purposes. This 2nd day of February, 1990. Honorable A. Quillian Baldwin, Jr. Senator, 29th District has been published in said LaGrange Daily News, to-wit: Feb. 6, 1990 being one publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen O. Long Publisher Sworn and subscribed before me this eighth day of February 1990. /s/ Dottie Beall Hulett Notary Public, Troup County, Georgia My Commission Expires Aug. 31, 1991 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create an additional judgeship for the superior courts of the Coweta Judicial Circuit; to provide for a local salary supplement to be paid to the additional superior court judge from funds of the counties comprising the Coweta Judicial Circuit; to provide for related matters; and for other purposes. This 9th day of February, 1990. Page 481 /s/ J. Crawford Ware Honorable J. Crawford Ware Representative, 77th District STATE OF GEORGIA COUNTY OF HEARD Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. T. McCutchen, who on oath deposes and says that he is the Publisher of The News and Banner, which is the official organ of Heard County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner on February 14, 1990. /s/ B. T. McCutchen Sworn to and subscribed before me this the 14th day of February, 1990. /s/ June Yates Notary Public, Heard County, Georgia My Commission Expires Jan. 1, 1991 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to create an additional judgeship for the superior courts of the Coweta Judicial Circuit; to provide for a local salary supplement to be paid to the additional superior court judge from funds of the counties comprising the Coweta Judicial Circuit; to provide for related matters; and for other purposes. This 18th day of January, 1990. Honorable Sidney Jones, Representative, 71st District. Page 482 PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement was published in The Newnan Times-Herald, official organ of Coweta County, State of Georgia, on the following dates: 1-18 /s/ William W. Thomasson, Publisher Sworn before me on this 6 day of February, 1990 /s/ Carolyn Joyner Notary Public (SEAL) Approved March 30, 1990. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDBENEFITS. Code Section 47-17-80 and 47-17-81 Amended. No. 1109 (House Bill No. 44). AN ACT To amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivor benefits; to provide for applicability; to provide for other matters relative to the foregoing; to provide conditions 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: Page 483 Section 1 . Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivor benefits under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (b), (c), (d), (h), and (i) of Code Section 47-17-80, relating to benefits, in their entirety and substituting in lieu thereof, respectively, new subsections (b), (c), (d), (h), and (i) to read as follows: (b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $17.50 per month for each full year of creditable service and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit shall be paid for each month of additional service credit, provided that the member either has at least 20 years of creditable service and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year and additional full months of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits under this option until the member's official duties as a peace officer have been terminated, except as otherwise provided in this chapter, and unless the member files an application for retirement benefits within 90 days from the date of the termination of the member's official duties as a peace officer, unless prevented therefrom for good cause. If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which the member has received service credit, dues shall be deducted from the member's monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if the member's employment as a peace officer is terminated; and upon reaching 55 years of age the member may be eligible to receive retirement benefits under this option. (c) Option Two shall consist of a 100 percent joint life annuity payable during the life of the member or the member's spouse. The amount of monthly payment to be paid under this option shall be based on the date the member first becomes Page 484 eligible to receive pension benefits (normal retirement date) and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA 51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The application, age, and service requirements for this option shall be the same as for Option One. (d) Option Three shall consist of a contingency life annuity with a 50 percent monthly payment to the surviving spouse. The amount of monthly payment to be paid under this option shall be based on the date the member first becomes eligible to receive pension benefits (normal retirement date) and shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA 51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The application, age, and service requirements for this option shall be the same as for Option One. (h) The amounts provided for as retirement benefits in this Code section shall apply to those members who have retired prior to July 1, 1990, as well as to those members who retire on or after that date. The service of each member who retired prior to July 1, 1990, shall be recomputed; and, if it is determined that the amounts provided for in this Code section result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount and shall be paid to the member in the future, beginning July 1, 1990. If it is determined that an increase in retirement benefits will result for any such retired member, and such retired member shall not have completed payment of dues for all service credit previously allowed as of the date of such member's retirement, monthly dues shall be deducted from the member's monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received; provided, however, that no such member shall be allowed to change the option under which the member originally retired unless the member shall again Page 485 become employed as a peace officer as provided in subsection (g) of this Code section and complies with all the provisions of subsection (g) of this Code section. (i) In the event an active member of the fnd dies before retirement and such member has accumulated at least 20 years of creditable service or would otherwise have been eligible to receive retirement benefits except for the member's not having terminated the member's official capacity as a peace officer, benefits shall be extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option Two of this Code section to the same extent as if such member had died while receiving retirement benefits under Option Two. Section 2 . Said article is further amended by striking subsections (a), (c), and (d) of Code Section 47-17-81, relating to disability benefits, in their entirety and substituting in lieu thereof, respectively, new subsections (a), (c), and (d) to read as follows: (a) Any dues-paying member who is rendered totally and permanently disabled by disease or injury so as to be unable to perform substantially all of the duties of the position to which the member was regularly assigned when the disability originated or so as to be unable to engage in any occupation or gainful employment for which the member is reasonably suited by virtue of the member's background, training, education, and experience shall be entitled to disability benefits of $257.00 per month for life or until the member's disability ceases, provided that the member makes application to the board for disability benefits within 12 months of becoming totally and permanently disabled. (c) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Code section on June 30, 1990, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Code Section 47-17-80. For each year of service above 20 years but not more than 30 years which such member had when first becoming Page 486 eligible to receive disability benefits, the benefits shall be the same as those provided for the same number of years of creditable service under the provisions of Code Section 47-17-80. The benefits of such members who are receiving disability benefits pursuant to this Code section on June 30, 1990, shall be recomputed and the increased benefits shall be paid to such members beginning July 1, 1990. Any member who first becomes eligible to receive disability benefits on or after July 1, 1990, who has the required years of creditable service as provided in this subsection shall have disability benefits computed and paid in the same manner as provided in this subsection. (d) The amount of disability benefits in this Code section shall apply to those members who have retired on disability prior to July 1, 1990, as well as to those members who retire on disability on or after that date. The service of each such member who retired prior to July 1, 1990, shall be recomputed, and the benefits provided under this Code section shall be paid to such member in the future beginning July 1, 1990. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 487 APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1989-90. No. 1110 (House Bill No. 253). AN ACT To provide supplementary appropriations to the Department of Defense for the remainder of the State Fiscal Year ending June 30, 1990, for the payment of disaster relief claims; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The sums of money hereinafter provided are hereby appropriated as supplementary appropriations to the Department of Defense for the remainder of the State Fiscal Year ending June 30, 1990, for the payment of disaster relief claims, and are in addition to any other appropriations heretofore or hereafter made. Budget Unit: Department of Defense Disaster Relief Payments $ 8,800,000 Total Funds Budgeted $ 8,800,000 Federal Funds Budgeted $ 6,600,000 State Funds Budgeted $ 2,200,000 Section 2 . TOTAL STATE APPROPRIATION STATE FISCAL YEAR 1990 $ 2,200,000 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 488 PUBLIC OFFICERS AND EMPLOYEESINDEMNIFICATION; PRIVATE EMPLOYMENT. Code Section 45-9-81 Amended. No. 1111 (House Bill No. 1149). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change the definition of the term in the line of duty; to provide that certain determinations shall not be considered in the determination of whether a law enforcement officer is entitled to certain other benefits; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking subparagraph (C) of paragraph (4) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) With respect to a law enforcement officer, while on duty and performing services for and receiving compensation from the law enforcement agency which employs such officer. A law enforcement officer who is performing duties for and receiving compensation from a private employer at the time of his death or bodily injury causing permanent disability shall not be considered in the line of duty unless he has left the scope of his employment for the private employer for the direct purpose of enforcing or attempting to enforce the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or attempting to investigate Page 489 crime. The determination that a law enforcement officer was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this article shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from his public or private employer; or. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. FLINT JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 1112 (House Bill No. 1951). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit; to provide for the appointment of the initial additional judge and a term of office; to provide for the subsequent election and term of office of said judge; to fix a time at which such judge shall begin his or her term of office; to require candidates for such judgeships to designate the places for which they are running; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to provide for a chief judge and to prescribe his or her powers, duties, and privileges; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia; to provide for a salary supplement to be paid to said judge from funds of the counties comprising the Flint Judicial Circuit; to provide for the issuance of official papers and before whom heard; to provide the manner of drawing and impaneling jurors; to provide for an additional court reporter; to authorize the governing authority of each county comprising the Flint Judicial Circuit to provide facilities, office space, supplies, Page 490 equipment, and personnel for said judges; to declare inherent authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, is amended by striking paragraph (18) and inserting in lieu thereof a new paragraph (18) to read as follows: (18) Flint Circuit.....3 Section 2 . One additional judge of the superior courts is added to the Flint Judicial Circuit, thereby increasing to three the number of judges of said circuit. Section 3 . The additional judge provided for in this Act shall be appointed by the Governor for an initial term of office beginning on July 1, 1990 and ending on December 31, 1992, and until a successor is elected and qualified. A 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, 1992, for a term of four years beginning on the first day of January, 1993, and until a 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. Successors shall take office on the first day of January following the date of their election. Section 4 . Every person who shall offer for nomination and election as one of the judges of the superior courts of the Flint Judicial Circuit of Georgia shall designate with the proper authority in all general elections the specific judgeship for which he or she is offering as a candidate by naming the incumbent judge whom he or she desires to succeed, and thereupon he or she shall be qualified, if otherwise qualified to offer as a candidate for said specific judgeship and no other. In the event there is no incumbent judge in the place for which such person desires to offer, the candidate shall qualify by announcing his or her intention to offer as a candidate for the office for which there is no incumbent. Page 491 Section 5 . The additional judge of the superior courts of the Flint Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the 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 judge of said courts senior in length of continuous service as a superior court judge shall be the chief judge of the Flint Judicial Circuit. Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the superior courts of said circuit, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by said chief judge and filed in the offices of each of the clerks of the superior courts of the counties comprising the Flint Judicial Circuit, shall be binding upon the other judge or judges of said circuit. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. Such chief judge may be published rule, or from time to time by order, allocate the jurisdiction and powers of the superior courts of said circuit and the duties of the judges thereof; may assign to the other judges of said circuit such of the business of said circuit as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerks of court of said circuit and from other judges of said circuit relative to business of the courts; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said courts. Section 7 . (a) The compensation, salary, and expense allowance of said additional judge of the superior courts of the Flint Judicial Circuit shall be the same as that provided by the State of Georgia for other judges of the superior courts of Georgia. (b) Said additional judge shall receive a local salary supplement in the same amount heretofore prescribed by law for the other judges of the superior courts of the Flint Judicial Circuit; and such supplement shall be paid from funds of the counties comprising the Flint Judicial Circuit in the same proportions heretofore Page 492 prescribed by law for the supplements of the other judges of the superior courts of the Flint Judicial Circuit. Section 8 . All writs, processes, orders, subpoenas, and other official papers issuing out of the superior courts of the Flint Judicial Circuit may bear teste in the name of any judge of said Flint Judicial Circuit. When issued by and in the name of any judge of said circuit, they shall be fully valid and may be determined before any judge in the regular course of business of said courts. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. 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 the circuit. Any of said judges shall have full power and authority to draw and empanel 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 chief judge of the Flint Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as the chief judge sees fit up to and including, but not exceeding, the remuneration of the present court reporters of the Flint Judicial Circuit as the same is now fixed or may hereafter be fixed by law. In the employment of said court reporter, the additional judge shall have the right to select and approve the individual to fill said position, and said court reporter shall be assigned to the additional judge. However, the chief judge, under the provisions of Section 5 of this Act, shall be authorized to assign temporarily said court reporter to other duties in order to equalize the workload and when the business of the courts shall require the same. Section 11 . Upon request of the chief judge, the board of commissioners of each county comprising the Flint Judicial Circuit is authorized to furnish all judges of said courts with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of court and payable out of each county treasury as such. Page 493 Section 12 . 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 statutes of the State of Georgia. Section 13 . This Act shall become effective July 1, 1990, except that this Act shall, for purposes of the appointment by the Governor of the initial judge to fill the judgeship created by this Act, become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14 . 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 1990 session of the General Assembly of Georgia a bill to amend code section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to change the number of judges in the Flint Judicial Circuit and for other purposes. This 5th day of February 1990 Larry Smith Representative District 78 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Gazette which is the official organ of Lamar County, on the following date: February 7, 1990. /s/ Larry Smith Representative, 78th District Page 494 Sworn to and subscribed before me, this 8th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to change the number of judges in the Flint Judicial Circuit; and for other purposes. This 5th day of February, 1990. /s/ Curtis S. Jenkins Honorable Representative, 80th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Monroe County Reporter which is the official organ of Monroe County, on the following date: February 7, 1990. /s/ Curtis S. Jenkins Representative, 80th District Page 495 Sworn to and subscribed before me, this 13th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to change the number of judges in the Flint Judicial Circuit; and for other purposes. This 2nd day of February, 1990. Larry Smith Representative, 78th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following date: February 7, 1990. /s/ Larry Smith Representative, 78th District Sworn to and subscribed before me, this 9th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Page 496 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1990 session of the General Assembly of Georgia a bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to change the number of judges in the Flint Judicial Circuit; and for other purposes. This 2nd day of February, 1990. Honorable Wesley Dunn Representative, 73rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wesley Dunn, who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following date: February 16, 1990. /s/ Wesley Dunn Representative, 73rd District Sworn to and subscribed before me, this 19th day of February, 1990. /s/ Connie S. Guzzetti Notary Public, Clayton County, Georgia My Commission Expires Oct. 26, 1993 (SEAL) Approved March 30, 1990. Page 497 COURTSTEMPORARY ASSIGNMENT OF JUDGES; ADDITIONAL SUPERIOR COURT JUDGES. Code Sections 15-1-9.1 and 15-6-2 Amended. No. 1113 (House Bill No. 1523). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the temporary assignments of judges shall be made by the district administrative judge; to provide for definitions; to provide for the compensation and expenses of part-time judges; to change the procedure for requesting judicial assistance; to add superior court judges to certain judicial circuits; to provide for appointment and future elections of such judges; to provide for initial and regular terms of office; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-1-9.1, relating to service of judges outside their own courts, which reads as follows: 15-1-9.1. (a) As used in this Code section, the term: (1) `Chief judge' means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned. (2) `Judge' includes Justice, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created. (b) (1) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The request Page 498 by the chief judge may be made if one of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (2) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) The written request for judicial assistance shall identify the chief judge to whom the request is directed and the court, the county, the time period, and, if applicable, the specific case or cases for which the assistance is sought. A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section. (d) (1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or Page 499 absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall name and assign a judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court. (2) If a vacancy shall occur in the judicial office for which the Governor is authorized to name and assign a judge to hold the regular or special term of court as provided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided by law. (e) The chief judge of the court receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geographic subdivision of the state shall not apply to a designated judge. The designation and its acceptance or rejection shall be made in writing and delivered to the judge requesting assistance. (f) A copy of each request, designation, and acceptance or refusal of assistance shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the request or extension of the assistance shall be written, filed, and recorded as is the original request and the acceptance of assistance. (g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding. Page 500 (h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts. (i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by subsection (d) of Code Section 47-8-64. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance. (j) The court reporter, support personnel, facilities, equipment, and supplies necessary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed. (k) This Code section shall be supplementary to other laws relating to the authorization of replacement judges., and inserting in lieu thereof a new Code Section 15-1-9.1 to read as follows: 15-1-9.1. (a) As used in this Code section, the term: (1) `Administrative judge' means a superior court judge or senior judge of the superior court elected within an administrative district as provided by Code Section 15-5-4. (2) `Chief judge' means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned. (3) `Judge' includes Justices, judges, senior judges, magistrates, and every other such judicial officer of whatever name existing or created. (4) `Part-time judge' means a judge who serves on a continuing or periodic basis but who is permitted by law to Page 501 devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. (b) (1) If assistance is needed from a judge outside of the county, a superior court judge of this state or the chief judge of a class of courts other than an appellate court may make a request for judicial assistance in the court served by said requesting judge to the administrative judge of the judicial administrative district in which said requesting judge's court is located, if any of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (C) A majority of the judges of the requesting court determines that the business of the court requires Page 502 the temporary assistance of an additional judge or additional judges. (3) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) A chief judge of a requesting court or assisting court shall be presumed to act with the consent of all judges of the court. However, if a judge of a court shall insist, all judges of that court shall vote upon whether to ratify the action taken by the chief judge under this Code section. (d) (1) If the chief judge is unable because of disability, illness, or absence to make a request for assistance, a majority of the judges of the court may make such a request for him. If a court is served by only one judge who, himself, is unable to make a request because of disability, illness, or absence, or when the judge or judges of the court fail to procure assistance in the event of the absence, illness, disability, or disqualification of one of the judges, and it is satisfactorily made to appear to the Governor that any regular or special term of any court will not be held or continued in session because of such failure to procure assistance, the Governor shall request the administrative judge of the judicial administrative district within which district the court in need of assistance lies to assign another judge to hold the regular or special term of such court. However, no judge shall be named or assigned to hold court when the time fixed by law for holding the term of court conflicts with the holding of any regular or special term already called by him in his own court. Page 503 (2) If a vacancy shall occur in the judicial office for which the Governor has had to request assistance from the administrative judge of the judicial administrative district in a situation wherein the conditions exist as provided in paragraph (1) of this subsection, the Governor may appoint a judge of a court of record as an interim judge to fill temporarily such vacancy until the vacancy is permanently filled as provided by law. (e) The administrative judge of the district receiving a request for assistance shall designate a judge to preside as requested. The designated judge may consent to preside in the requesting court provided he is otherwise qualified to serve as a judge in the requesting court. The qualifications of residency within a particular political or geographic subdivision of the state shall not apply to a designated judge. The designation shall be made in writing and delivered to the judge requesting assistance. (f) The written designation shall identify the court in need of assistance, the county where located, the time period covered, the specific case or cases for which assistance is sought if applicable, and the reason that assistance is needed. The written designation shall be filed and recorded on the minutes of the clerk of the court requesting assistance. Any amendment to the designation shall be written, filed, and recorded as is the original designation. (g) A judge rendering assistance in accordance with this Code section shall discharge all the duties and shall exercise all of the powers and authority of a judge of the court in which he is presiding. (h) The governing authority responsible for funding the operation of the requesting court shall bear the expenses of the judge rendering assistance in accordance with this Code section, except that such judges presiding in the appellate or superior courts in accordance with this Code section shall be compensated by state funds appropriated or otherwise available for the operation of these courts. (i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided Page 504 by Code Section 47-8-64. In accordance with subsection (h) of this Code section, part-time judges may receive reasonable compensation and payment for actual expenses and mileage. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance. (j) The court reporter, support personnel, facilities, equipment, and supplies necessary to perform the duties requested shall be provided to any judge rendering assistance in accordance with this Code section by the requesting court, unless otherwise agreed. (k) In the event that the judge requesting assistance is a superior court judge other than a chief judge, then a copy of the assignment shall also be filed with the chief judge of the court to be assisted. (l) As an alternative to the other provisions of this Code section, any judge other than a superior court judge may, under the circumstances described in subparagraph (b)(1)(B) or (b)(1)(C) of this Code section, request judicial assistance from any other judge who is not a superior court judge and who is otherwise qualified; and the judge so requested may agree to so serve. When one judge serves in the court of another pursuant to this subsection, a written designation by the requesting judge shall be filed and recorded on the minutes in the same general manner as provided for in subsection (f) of this Code section and the provisions of subsection (h) of this Code section shall apply with respect to the payment of expenses. The provisions of this subsection are supplementary to the provisions of the other subsections of this Code section. (m) This Code section shall be supplementary to other laws relating to the authorization of replacement judges. Section 2 . Said title is further amended by striking paragraphs (3) and (28) of Code Section 15-6-2, relating to members of superior court judges for each judicial circuit, and inserting in their respective places new paragraphs (3) and (28) to read as follows: Page 505 (3) Atlanta Circuit 14 (28) Ocmulgee Circuit 4 Section 3 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, the additional judgeships created by this Act shall initially be filled by appointments by the Governor for a term beginning July 1, 1990, and expiring December 31, 1992, and until a successor is elected and qualified. A successor to each such initial judge 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, 1992, for a term of four years beginning on January 1, 1993, 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 . Section 2 of this Act shall become effective July 1, 1990. The remaining provisions of 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, 1990. Page 506 TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE FOR VISITING SCHOLARS. Code Section 47-3-91 Enacted. No. 1122 (House Bill No. 109). AN ACT To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize creditable service to be obtained for time spent as a visiting scholar at a public college or university; to provide for a definition; to provide conditions and requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions 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 . Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-91 to read as follows: 47-3-91. (a) As used in this Code section, the term `public college or university' means a college or university or other educational institution which is operated by or is under the control and management of a government or an agency or political subdivision of a government and which depends on government funds as a primary source of financial support. (b) Any member who was or is granted a leave of absence from a unit of the University System of Georgia to accept appointment as a visiting scholar to give lectures or teach at a public college or university located inside or outside the United States shall be entitled to obtain creditable service under this chapter for the period of time spent as a visiting scholar, subject to the provisions of subsection (c) of this Code section. Page 507 (c) Any creditable service obtained pursuant to the authority of this Code section shall be subject to the following conditions and requirements: (1) No more than two years of creditable service may be obtained under this Code section; (2) No member who receives or who is or will become entitled to receive any annuity or pension or retirement benefit from any other source, except social security, shall be eligible to obtain creditable service under this Code section; (3) No creditable service obtained under this Code section shall be applied to obtain creditable service under Code Section 47-3-89, and no person shall be entitled to obtain more than a total of ten years of creditable service pursuant to this Code section and Code Section 47-3-89; and (4) The member must pay employer and employee contributions which would have been paid to the retirement system during the period of time claimed as creditable service based on the member's earnable compensation at the time of making application for creditable service plus regular interest thereon compounded annually from the time the service as a visiting scholar was rendered until the date of payment. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Page 508 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE. Code Section 47-2-182 Enacted. No. 1123 (House Bill No. 156). AN ACT To amend Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, so as to authorize creditable service to be obtained for certain teaching service as an employee of a county or independent school district which maintained a local retirement system; to provide for definitions; to provide for conditions and requirements; to provide for other matters relative to the foregoing; to provide conditions 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 . Part 3 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia for service as a teacher, is amended by adding at the end thereof a new Code Section 47-2-182 to read as follows: 47-2-182. (a) As used in this Code section, the term: (1) `Local retirement system' means a retirement system maintained by a county or independent school district for the purpose of providing a retirement benefit program Page 509 for the teachers and other employees of the county or independent school district. (2) `Teacher' means a teacher as defined in paragraph (28) of Code Section 47-3-1. (b) Any member who was employed by a county or independent school district as a teacher at any time prior to July 1, 1979, and who was a member of a local retirement system during such employment and who is not and will not become eligible to receive any benefit under the provisions of said local retirement system shall be eligible to obtain creditable service under this retirement system for any part or all of such previous employment as a teacher, subject to the following conditions and requirements: (1) The member must pay to the board of trustees employee and employer contributions for the creditable service claimed under this Code section based on the compensation actually received for the teaching service claimed as creditable service; (2) The member must pay to the board of trustees regular interest on the amount determined under paragraph (1) of this subsection compounded annually from the time the teaching service was rendered until the time of payment; and (3) No creditable service obtained under this Code section shall be used in determining the qualifications of a member to receive benefits under this chapter other than vested rights, death or disability benefits, or normal service retirement allowances. (c) Any member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees in such manner as the board shall require. The board of trustees may require such documentation as may be necessary to verify teaching service and compensation therefor that is claimed as creditable service under this Code section. Page 510 Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. GEORGIA LEGISLATIVE RETIREMENT SYSTEMRETIREMENT ALLOWANCE. Code Section 47-6-80 Amended. No. 1124 (House Bill No. 198). AN ACT To amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, so as to change the provisions relating to the retirement allowance; to provide conditions 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 47-6-80 of the Official Code of Georgia Annotated, relating to retirement allowances under the Georgia Legislative Retirement System, is amended by striking subsections (d) and (e) in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: Page 511 (d) Upon such retirement under subsection (a) of this Code section, the retired member shall receive a monthly service retirement allowance which shall be equal to $28.00 multiplied by the number of years of the member's creditable service. (e) Any increase in benefits payable under the retirement system which becomes effective as a result of a change in the benefit formula provided for by subsection (d) of this Code section shall be applicable to beneficiaries of the system who are receiving benefits at the time the increase becomes effective. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. DISTRICT ATTORNEYS EMERITUSMINIMUM STATE SALARY. Code Section 47-12-82 Amended. No. 1125 (House Bill No. 230). AN ACT To amend Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, so as to provide for a minimum state salary; to provide that such minimum state salary shall apply to the calculation of spouses' benefits; to provide for a cost-of-living increase in the salary being paid to certain persons holding office as district Page 512 attorneys emeritus on a certain date; to provide for other matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-12-82 of the Official Code of Georgia Annotated, relating to the state salary paid to district attorneys emeritus, 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) Any person holding office as a district attorney emeritus on July 1, 1990, or who is appointed to such position on or after such date shall receive from the State of Georgia an annual salary of $15,000.00 or one-half of the state salary received by such person as a district attorney for the calendar year immediately prior to the person's retirement and resignation as an active district attorney, whichever is the greater amount. Such annual salary shall be paid in equal monthly installments. The annual salary provided for in this subsection shall apply to the calculation of the amount of spouses' benefits under Code Section 47-12-42 as applied to persons receiving such benefits on July 1, 1990, and as applied to persons who begin receiving such benefits on or after July 1, 1990. (b) If a person becomes eligible for appointment or is appointed district attorney emeritus and during such period of eligibility or appointment is elected or appointed to and qualifies for an office of profit or trust under the Constitution of the United States or the Constitution of Georgia, the person's right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed for that position shall be suspended during the period of time that the person holds such office. Upon ceasing to hold such office, the person shall then be entitled to appointment or reappointment as district attorney emeritus with all the obligations, rights, and duties of that position. The person's compensation as district attorney emeritus in such event shall be (1) the same amount received by the person as district attorney emeritus at the time of the person's election or appointment and qualification Page 513 for the office under the Constitution of the United States or the Constitution of Georgia or (2) if the person was eligible but did not then hold an appointment as district attorney emeritus, an annual salary of $15,000.00 or one-half of the amount of state salary received by such person as district attorney for the calendar year immediately prior to the person's election or appointment to and qualification for such office under the Constitution of the United States or the Constitution of Georgia, whichever is the greater amount. Section 2 . Said Code section is further amended by adding at the end thereof a new subsection (e) to read as follows: (e) (1) Except as provided in paragraph (2) of this subsection, effective on July 1, 1990, the monthly salary being paid to each person holding office as a district attorney emeritus on July 1, 1990, shall be increased by $15.00 for each full year which has elapsed from the date of appointment as district attorney emeritus until July 1, 1990. (2) A district attorney emeritus whose annual salary on June 30, 1990, is less than the minimum annual salary provided for in subsection (a) of this Code section shall receive either such minimum annual salary or the increase provided for in paragraph (1) of this subsection if such increase would result with an annual salary exceeding such minimum annual salary. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 514 RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; JUDICIAL EMPLOYEES. Code Section 47-2-203 Enacted. No. 1126 (House Bill No. 436). AN ACT To amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, so as to provide for membership for certain officials and employees of the judicial branch of state government; to provide for limitations; to provide for employee and employer contributions; to provide for related matters; to provide for a conditional effective date and for a conditional automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of employees of certain departments in the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-203 to read as follows: 47-2-203. (a) On and after July 1, 1990, the following shall be members of the retirement system: (1) The director of the Administrative Office of the Courts of the Judicial Council of Georgia and any other person employed by the Administrative Office of the Courts or the Judicial Council of Georgia who is in a position which normally requires actual performance of duties during the full 12 months of the calendar year; and (2) The director of the Council of Juvenile Court Judges and any other person employed by the Council of Juvenile Court Judges who is in a position which normally Page 515 requires actual performance of duties during the full 12 months of the calendar year. (b) Membership under this Code section shall be subject to the provisions of Code Section 47-2-334, relating to persons becoming members of the retirement system on or after July 1, 1982. (c) Employee contributions from members under this Code section for service on and after July 1, 1990, shall be deducted and remitted to the board of trustees by the appropriate employing authority. Employer contributions under this Code section for service on and after July 1, 1990, shall be payable from funds appropriated for the operation of the judicial branch of government; and such employer contributions shall be in addition to the regular compensation otherwise payable to such members. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 516 SUPERIOR COURT JUDGES RETIREMENT SYSTEMCREDITABLE SERVICE. Code Section 47-9-3 Amended. Code Section 47-9-41.1 Enacted. No. 1127 (House Bill No. 441). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System so as to authorize creditable service for certain service as a state court judge; to provide requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions 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 Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System is amended by striking subparagraph (C) of paragraph (2) of Code Section 47-9-3, relating to definitions, in its entirety and substituting in lieu thereof a new subparagraph (C) to read as follows: (C) Creditable service obtained pursuant to Code Sections 47-9-41 and 47-9-41.1. Section 2 . Said chapter is further amended by adding immediately following Code Section 47-9-41 a new Code Section 47-9-41.1 to read as follows: 47-9-41.1. (a) As used in this Code section, the term `service as a state court judge' means holding office after December 31, 1976, as a judge of a state court while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title. Page 517 (b) A member of the retirement system may receive creditable service for service as a state court judge pursuant to the provisions of this Code section. (c) The payment required to receive such creditable service shall be an amount equal to all employer and employee contributions made to the Trial Judges and Solicitors Retirement Fund by or on behalf of the state court judge during service as a state court judge plus interest on such amount at the rate of 6 percent per annum compounded annually from the date of termination of service as a state court judge to the date of payment. (d) For a member who has not withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement Fund to the fund provided for in this chapter. (e) For a member who has withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows: (1) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions plus interest thereon shall be transferred from the Trial Judges and Solicitors Retirement Fund to the retirement fund provided for in this chapter; and (2) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under paragraph (1) of this subsection shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (f) A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or payment of the amounts provided for in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records. Page 518 Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. TEACHERS RETIREMENT SYSTEM OF GEORGIAMEMBERS TRANSFERRED FROM SCHOOL SYSTEMS OF COUNTIES OF 550,000 OR MORE; REFUNDS; CREDITABLE SERVICE. Code Section 47-3-67 Amended. No. 1128 (House Bill No. 623). 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 for certain refunds or payments to a county school system; to authorize creditable service for previous service in certain positions; to provide for other matters relative to the foregoing; to provide conditions 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 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, Page 519 is amended by adding immediately preceding subsection (f) a new subsection (e.2) to read as follows: (e.2) (1) If a transferred teacher who has maintained continuous service with the county school system or a beneficiary of such a transferred teacher does not qualify to receive a monthly benefit under this retirement system but would be qualified to receive a monthly benefit under the local retirement fund if the transferred teacher's membership in the local retirement fund had continued, such transferred teacher or the beneficiary of such transferred teacher may elect to receive a monthly benefit under the provisions of subsection (d) of this Code section. If such transferred teacher or a beneficiary of such transferred teacher thereafter qualifies to receive a monthly benefit under this retirement system, the amount payable to the transferred teacher or beneficiary under subsection (d) of this Code seciton shall be reduced accordingly. (2) A transferred teacher or a beneficiary of a transferred teacher who makes the election provided for in paragraph (1) of this subsection shall not be entitled to a refund of the accumulated contributions which have been credited to the transferred teacher's account at the time of said election. If such a transferred teacher subsequently returns to active service, this paragraph shall not apply to accumulated contributions credited to the transferred teacher's account after returning to active service. (3) If a transferred teacher who makes the election provided for in paragraph (1) of this subsection does not at any time thereafter qualify to receive a monthly benefit under this retirement system and if no beneficiary of the transferred teacher is qualified to receive a monthly benefit under this retirement system upon the death of the transferred teacher, then upon the death of such transferred teacher, the board of trustees shall pay to the county school system an amount equal to the accumulated contributions of the deceased transferred teacher and an amount equal to the funds paid into the pension accumulation fund pursuant to paragraphs (1) and (2) of subsection (e.1) of this Code section, plus regular interest on that amount. The Page 520 board of trustees shall maintain such records as may be necessary to comply with the provisions of this paragraph. Section 2 . Said Code section is further amended by adding at the end thereof a new subsection (m) to read as follows: (m) Any full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, or full-time public school warehouse managers or supervisors who become members of this retirement system pursuant to the provisions of this Code section or Code Section 47-3-66 shall have the right to obtain creditable service under this retirement system pursuant to the provisions of subsection (b) of Code Section 47-3-63 on the same basis that other members of this retirement system who are subject to the provisions of Code Section 47-3-63 obtain creditable service. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 521 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE FOR CERTAIN MILITARY SERVICE. Code Section 47-2-96 Amended. No. 1129 (House Bill No. 695). AN ACT To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service to be obtained for certain active duty service in the armed forces of the United States as a member of a National Guard unit which was called into federal service; to provide for matters relative thereto; to provide conditions 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 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (i) to read as follows: (i) (1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2-334, who served on active duty in the armed forces of the United States during a period of time provided for in paragraph (2) of this subsection as a member of a National Guard unit which was called into federal service may receive creditable service for such active duty military service subject to the limitations and requirements of this subsection. (2) If the active duty military service described in paragraph (1) of this subsection was at any time from August 5, 1964, through May 7, 1975, the member claiming the creditable service shall pay the employee contributions Page 522 plus interest described in subsection (f) of this Code section as a condition of obtaining such creditable service. If the active duty military service described in paragraph (1) of this subsection was at any time from January 1, 1954, until August 5, 1964, the member claiming the creditable service shall pay the employee contributions plus interest described in subsection (g) of this Code section as a condition of obtaining such creditable service. (3) No active duty military service shall be creditable under the provisions of this subsection if such service has been or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. The maximum amount of creditable service which may be obtained pursuant to the provisions of this Code section is five years and the total creditable service for all military service shall not exceed ten years. Creditable service obtained pursuant to the provisions of this subsection may not be used to attain any level of creditable service to qualify for a retirement benefit based on involuntary separation from service. (4) Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may obtain creditable service pursuant to the provisions of this subsection until July 1, 1991. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Page 523 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. DISTRICT ATTORNEYS' RETIREMENT SYSTEMTRANSFER TO EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA. Code Section 47-13-40 Amended. No. 1130 (House Bill No. 752). AN ACT To amend Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, so as to [Illegible Text] certain members to transfer their membership to the [Illegible Text] Retirement System of Georgia; to provide for the effect of such [Illegible Text] for determining appropriate benefits under said employees' [Illegible Text] system; to provide for other matters relative to the [Illegible Text]; to provide conditions for an effective date and for [Illegible Text] [Illegible Text]; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-13-40 of the Official Code of Georgia Annotated, relating to membership in the District Attorneys' Retirement System, is amended by [Illegible Text] at the end thereof new subsections (d) and (e) to read as [Illegible Text] (d) (1) Any provisions of this [Illegible Text] or Chapter 2 of this title to the contrary [Illegible Text], any district attorney who was a contributing [Illegible Text] of the Employees' Retirement System of Georgia at the [Illegible Text] of taking office as a district attorney and who upon taking such office became a member of this retirement system shall have the right to Page 524 transfer membership from this retirement system to the Employees' Retirement System of Georgia, provided the following conditions are met: (A) All employee and employer contributions, plus regular interest thereon, paid into the fund provided for in this chapter by or on behalf of the transferring district attorney shall be transferred to the Employees' Retirement System of Georgia; (B) The transferring district attorney shall pay to the Employees' Retirement System of Georgia any deficit between the employee contributions transferred under subparagraph (A) of this paragraph and the amount of employee contributions that would have been paid to the Employees' Retirement System of Georgia if the transferring district attorney had been a member of said employees' retirement system while holding office as a district attorney, plus regular interest on such deficit amount; and (C) The Department of Administrative Services shall pay to the Employees' Retirement System of Georgia from funds appropriated or available to said department for the operation of the superior courts any deficit between the employer contributions transferred under subparagraph (A) of this paragraph and the amount of employer contributions that would have been made to said employees' retirement system on behalf of the transferring district attorney if the transferring district attorney had been a member of said employees' retirement system while holding office as a district attorney, plus regular interest on such deficit amount. (2) The term `regular interest' as used in paragraph (1) of this subsection means interest at the rate of 4 percent per annum compounded annually from the time of rendering the transferred service to the date of payment required under said paragraph (1). (3) The Board of Trustees of the Employees' Retirement System of Georgia shall be notified in writing by the Page 525 district attorney by not later than December 31, 1990, of the desire to transfer to said employees' retirement system. (e) Any district attorney who transfers membership from this retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section shall be treated under said employees' retirement system as if the transferring district attorney had been a member of said employees' retirement system during the time of membership in this retirement system, without any break in service. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIADISABILITY; RESTORATION TO SERVICE. Code Section 47-2-126 Amended. No. 1131 (House Bill No. 761). AN ACT To amend Code Section 47-2-126 of the Official Code of Georgia Annotated, relating to the restoration to service of a disability beneficiary under the Employees' Retirement System of Georgia, so as to delete provisions relating to restoration to service on or after age 50; to provide for other matters relative to the Page 526 foregoing; to provide conditions 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 47-2-126 of the Official Code of Georgia Annotated, relating to the restoration to service of a disability beneficiary under the Employees' Retirement System of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-2-126 to read as follows: 47-2-126. If a disability beneficiary is restored to service, the retirement allowance of the beneficiary shall cease and the beneficiary shall again become a contributing member of the retirement system. Anything in this chapter to the contrary notwithstanding, any prior service certificate or creditable service which was used to compute such a member's creditable service at the time of retirement shall be restored to full force and effect, and upon the member's subsequent retirement the member shall be credited with all service as a member. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as requested by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 527 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP. Code Section 47-2-292 Amended. Code Section 47-2-319 Enacted. No. 1132 (House Bill No. 769). AN ACT To amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to change the provisions relative to membership in the retirement system of county tax commissioners, collectors, receivers, and their employees; to provide that all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of said retirement system; to provide for other matters relative to the foregoing; to ratify and confirm certain creditable service obtained prior to the effective date of this Act; to provide conditions 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 . Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by striking subsection (h) of Code Section 47-2-292, relating to membership in the retirement system of county tax commissioners, collectors, receivers, and their employees, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) Notwithstanding any other provisions of this Code section, no tax commissioner, tax collector, tax receiver, or any employee of any such official shall be eligible for membership in the retirement system if such official or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage and coverage under any county or other local retirement or pension system. The provisions of subsections (a), (c), and (d) of this Code section shall Page 528 apply to any tax officials or their employees who become members of the retirement system pursuant to subsections (f) and (g) of this Code section. Section 2 . Said article is further amended by adding at the end of Part 10 thereof, relating to employees of certain state authorities, commissions, and entities being members of the Employees' Retirement System of Georgia, a new Code Section 47-2-319 to read as follows: 47-2-319. (a) As used in this Code section, the term `Georgia Hazardous Waste Management Authority' or `authority' means the Georgia Hazardous Waste Management Authority established by Article 4 of Chapter 8 of Title 12. (b) Effective on July 1, 1990, or on first becoming officers or employees of the Georgia Hazardous Waste Management Authority, all officers and employees of the Georgia Hazardous Waste Management Authority shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1990, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1990, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (c) All employer contributions, including employee contributions made on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Hazardous Waste Management Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 3 . Any creditable service obtained prior to the effective date of this Act under the Employees' Retirement System of Georgia and under a local retirement or pension system by any Page 529 person who is subject to the provisions of Code Section 47-2-292 of the Official Code of Georgia Annotated shall not be rescinded or forfeited as a result of the provisions of said Code Section 47-2-292 as it existed prior to the effective date of this Act, and such creditable service is ratified and confirmed. Section 4 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. TEACHERS RETIREMENT SYSTEM OF GEORGIAREESTABLISHMENT OF CREDITABLE SERVICE. Code Section 47-3-82 Amended. No. 1133 (House Bill No. 964). AN ACT To amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to revise completely the provisions relating to the reestablishment of such creditable service; to provide for other matters relative thereto; to provide conditions 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: Page 530 Section 1 . Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, is amended by striking said Code section, which reads as follows: 47-3-82. (a) Any member who has withdrawn his contributions not more than three times after January 1, 1961, may, after three years of active service as a contributing member, reestablish such teaching service as is represented by the withdrawn contributions upon his payment back into the fund of a sum equal to the amount withdrawn plus applicable accrued regular interest for each year or portion thereof from the time withdrawn. (b) A member who has withdrawn contributions from the retirement system not more than four times may reestablish creditable service for the membership service represented by the withdrawn contributions, subject to the following conditions and requirements: (1) At the time of making application for the reestablishment of the creditable service, the member must have at least 15 years of creditable service and at least ten years of active membership service since the last withdrawal of contributions from the retirement system; and (2) The member must pay to the board of trustees an amount equal to the withdrawn contributions plus interest thereon at the rate of regular interest plus 2 percent compounded annually from the date of the withdrawal of the contributions to the date of payment to the board of trustees., in its entirety and substituting in lieu thereof a new Code Section 47-3-82 to read as follows: 47-3-82. (a) Subject to the additional requirements of subsections (b) and (c) of this Code section, a member who has withdrawn accumulated contributions from the retirement system pursuant to the provisions of Code Section 47-3-128 may reestablish the creditable service represented by the withdrawn contributions by paying to the board of trustees a sum equal to Page 531 the amount of accumulated contributions which were withdrawn plus applicable accrued regular interest for each year or portion thereof which elapsed from the time of such withdrawal of contributions to the date of such payment. (b) A member must complete a minimum number of years of service as a contributing member of the retirement system before becoming eligible to reestablish creditable service under subsection (a) of this Code section as follows: (1) When accumulated contributions have been withdrawn not more than three times, the minimum shall be three years; (2) When accumulated contributions have been withdrawn not more than four times, the minimum shall be five years; and (3) When accumulated contributions have been withdrawn five or more times, the minimum shall be ten years. (c) The regular interest rate provided for in subsection (a) of this Code section shall be increased 2 percent for each withdrawal of accumulated contributions exceeding three such withdrawals. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 532 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIARETIREMENT ALLOWANCES REVISED; CONTRIBUTIONS. Code Section 47-2-334 Amended. No. 1134 (House Bill No. 1095). AN ACT To amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia for certain members of said retirement system, so as to change the provisions relating to the retirement allowances of such members; to change the provisions relating to employee contributions of such members; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to the service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia for certain members of said retirement system, is amended by striking subsections (b) and (c) in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) Every member subject to this Code section shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (A) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (B) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to more than 1.5 percent, but not greater than 2 Page 533 percent, the actual percent to be set by the board of trustees in direct relation to the amount of increased appropriations provided by the General Assembly to fund the provisions of this paragraph, of the member's average monthly compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of the member's years of creditable service. (2) For members subject to this Code section, the calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the calculations provided for in paragraph (1) of this subsection. For the purposes of calculating average monthly compensation as described in subparagraph (B) of paragraph (1) of this subsection, any increase or decrease in salary in excess of two 5 percent increases or decreases during the eight consecutive calendar quarters on which such average monthly compensation is based shall be disregarded. (c) From and after July 1, 1990, every member subject to this Code section shall contribute employee membership contributions in the amount of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the 1 percent deducted from the earnable compensation of members, 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire 1 percent deducted from the member's earnable compensation shall be credited to the member's individual account in the annuity savings fund. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 534 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. GEORGIA LEGISLATIVE RETIREMENT SYSTEMCREDITABLE SERVICE. Code Section 47-6-70.2 Enacted. Code Section 47-6-84 Amended. No. 1135 (House Bill No. 1114). AN ACT To amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to authorize creditable service for certain prior service as a member of the General Assembly; to provide an option for retired members who return to service in the General Assembly to return to active membership in the retirement system; to provide for creditable service in connection therewith; to provide for other matters relative to the foregoing; to provide conditions 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 . Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding at the end of Article 5, relating to service creditable toward retirement, a new Code Section 47-6-70.2 to read as follows: Page 535 47-6-70.2. Any current member who had previously ceased to be a member of the General Assembly and who withdrew accumulated contributions from the retirement system pursuant to Code Section 47-6-85 may reestablish as creditable service the total creditable service possessed by the member at the time of such withdrawal of accumulated contributions by paying to the board of trustees the amount of accumulated contributions which were withdrawn plus regular interest on such amount compounded annually from the date of the withdrawal of such contributions to the date of payment. Section 2 . Said chapter is further amended by designating the present language of Code Section 47-6-84 as subsection (a) and by adding at the end thereof a new subsection (b) to read as follows: (b) (1) If a retired member returns to service as a member of the General Assembly, the retired member may either continue to receive a retirement benefit while serving as a member of the General Assembly or reestablish active membership in the retirement system. If the election is to reestablish active membership in the retirement system, the member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service as long as such active membership continues. Except as otherwise provided by paragraph (2) of this subsection, a retired member who returns to service in the General Assembly shall make the election provided for in this paragraph within 30 days after taking office. Such election shall be made in writing to the board of trustees and shall be irrevocable. (2) A retired member who returned to service in the General Assembly prior to the existence of the option to reestablish active membership in the retirement system shall have the right to make the election provided for in paragraph (1) of this subsection at any time prior to January 1, 1991. In addition to creditable service provided for in paragraph (1) of this subsection, any such retired member who elects to reestablish active membership in the retirement system may obtain creditable service for service in the General Assembly rendered from the time of returning to service in the General Assembly until the date of reestablishing Page 536 active membership in the retirement system. In order to obtain such creditable service, the member shall pay to the board of trustees the employee contributions which would have been paid to the retirement system during the period for which such creditable service is claimed, plus regular interest thereon compounded annually from the time the service in the General Assembly was rendered until the date of payment. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. TEACHERS RETIREMENT SYSTEM OF GEORGIAEMPLOYEE CONTRIBUTIONS; RETIREMENT AGE. Code Sections 47-3-22, 47-3-41.1, and 47-3-101 Amended. No. 1136 (House Bill No. 1560). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the title of the executive officer of the retirement system; to delete a provision relating to the treatment for tax purposes of employee contributions made by employers; to delete a provision relative to the age for mandatory retirement; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 537 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking Code Section 47-3-22, relating to the election of officers by the Board of Trustees of the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-3-22 to read as follows: 47-3-22. (a) The board of trustees shall elect from its membership a chairman and shall elect an executive director, who shall not be one of its members. (b) The executive director shall be subject to the rules and regulations of the board of trustees and shall be the treasurer of the assets of the retirement system. All payments of the funds of the retirement system shall be made by the executive director and only upon vouchers signed by him and counter-signed by one other person designated by the board of trustees. The executive director shall furnish the board of trustees with a surety bond issued by a company authorized to do business in this state and in such an amount as shall be required by the board of trustees. The premium on such bond shall be paid from the expense fund provided for in Code Section 47-3-47. Section 2 . Said chapter is further amended by repealing subsection (e) of Code Section 47-3-41.1, relating to the payment of employee contributions by employers, which reads as follows: (e) Employee contributions made by employers on behalf of members as provided in subsection (a) of this Code section shall continue to be taxable income for the purposes of Chapter 7 of Title 48, relating to Georgia income taxes, notwithstanding the fact that under subsection (b) of this Code section such contributions may be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code., in its entirety and substituting in lieu of said repealed subsection the following: (e) Reserved. Page 538 Section 3 . Said chapter is further amended by repealing subsection (b) of Code Section 47-3-101, relating to eligibility for retirement, which reads as follows: (b) Except as otherwise provided, any member in service who on the commencement date has attained age 70 or who thereafter attains age 70 shall be retired forthwith on a service retirement allowance at the close of the current school year. In exceptional instances, where a county or independent board of education deems it necessary for the efficient operation of its school system, it may, in its discretion, allow member teachers in its school system to remain in service for a period not to exceed three years from the date such teacher member of the retirement system attains the age of 70 years at which time he shall be retired forthwith on service retirement allowance under this retirement system, unless such member receives written approval from his employer to complete the current school, contract, or fiscal year; provided, however, that the provisions of this subsection relating to retention in service until age 73 do not apply to retirement of teachers in the University System of Georgia., in its entirety and substituting in lieu of said repealed subsection the following: (b) 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 March 30, 1990. Page 539 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE. Code Section 47-2-334 Amended. No. 1137 (Senate Bill No. 10). AN ACT To amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, so as to provide that such members shall receive creditable service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions 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 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) Members subject to this Code section shall be subject to the following conditions: (1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section; (2) Except as otherwise provided by paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and Page 540 (3) The provisions of Code Section 47-2-91 shall be applicable to members subject to this Code section. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDMEMBERSHIP. Code Sections 47-17-1, 35-3-9, and 49-5-10 Amended. No. 1138 (Senate Bill No. 28). AN ACT To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term peace officer; to thereby authorize membership in the Peace Officers' Annuity and Benefit Fund for employees of the Department of Human Resources who are designated to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken the conditions of their supervision, and to thereby authorize membership in said fund for narcotics agents of the Georgia Bureau of Investigations; to provide that such persons shall be certified as peace officers under the Georgia Peace Officers Standards and Training Act; to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, so as to delete the prohibition against Page 541 eligibility in the Peace Officers' Annuity and Benefit Fund; to amend Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children to the Department of Human Resources, so as to delete provisions relating to ineligibility of such employees for membership in the Peace Officers' Annuity and Benefit Fund; to provide conditions for an effective date and for automatic repeal; 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 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended in Code Section 47-17-1, relating to definitions, by striking the word and at the end of subparagraph (G) of paragraph (5), by replacing the period at the end of subparagraph (H) of paragraph (5) with a semicolon and the word and, and by adding at the end of paragraph (5) a new subparagraph (I) to describe certain persons included within the definition of the term peace officer and to read as follows: (I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the `Georgia Peace Officers Standards and Training Act': (i) Persons employed by the Department of Human Resources who have been designated by the commissioner of human resources to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; and (ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9. Section 2 . Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents, is amended by striking subsection (h) in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: Page 542 (h) Persons retained as narcotics agents shall be considered persons in the service of the bureau under a contract of hire with that agency whose employment of those persons as narcotics agents shall be considered an employment in the usual course of the business of that agency. Persons retained by the bureau as narcotics agents shall have all the rights and privileges of other employees of the bureau; provided, however, that such persons shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, or other such matters concerning their employment established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies; provided, further, that persons retained as narcotics agents shall not be authorized to be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. Section 3 . Code Section 49-5-10 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children to the Department of Human Resources, is amended by striking paragraph (2) of subsection (i) and inserting in its place a new paragraph to read as follows: (2) The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate and apprehend such children and to arrest any person physically interfering with the proper apprehension of such children. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter. Page 543 Section 4 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIASECRETARY-TREASURER; DUES; BENEFITS. Code Sections 47-11-21 and 47-11-40 Amended. No. 1139 (Senate Bill No. 58). AN ACT To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretary-treasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits; to provide conditions 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 . Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Page 544 Retirement Fund of Georgia, is amended by striking in its entirety subsection (b) of Code Section 47-11-21, relating to the creation of the office of secretary-treasurer, credit for service, and retirement benefits for such officer, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any other provisions of this chapter to the contrary, in addition to such salary, the secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after March 21, 1958, until July 1, 1979, and credit for a sum of $750.00 per annum for time served after July 1, 1979, as dues in the retirement system for up to 20 years. The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer or upon reaching the age of 60 years, whichever may occur last, based on the rate of 5 percent of $12,000.00 for each year served as secretary-treasurer from March 21, 1958, until July 1, 1979, 5 percent of $15,000.00 for each year served as secretary-treasurer from July 1, 1979, to January 1, 1991, and 5 percent of $20,000.00 for each year served as secretary-treasurer from January 1, 1991, to the date of retirement, up to a maximum of 20 years of service, provided that a minimum of four years has been served as secretary-treasurer. Withdrawal of such dues by the secretary-treasurer or said officer's estate shall be subject to Code Section 47-11-72. The secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of Code Section 47-11-71 and the exceptions provided for in Code Section 47-11-70. Section 2 . Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 47-11-40, relating to membership in the Judges of the Probate Courts Retirement Fund of Georgia, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) As to judges of the probate courts, file with such application a sworn statement setting out the length of time served as judge of the probate court by the applicant since December 22, 1953, and his net earnings for each month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his office if he is on a fee basis, but by the gross amount if he is on salary; provided, however, Page 545 that if by either method the income of such judge of the probate court for his service as such: (A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month for any calendar year prior to 1979, such income shall be deemed to be not more than $12,000.00 during such year and shall be adjusted to this figure; (B) Exceeds $6,000.00 or an average of more than $1,000.00 per month for the six-month period beginning January 1, 1979, and ending June 30, 1979, such income shall be deemed to be not more than $6,000.00 during such six-month period and shall be adjusted to this figure; (C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the six-month period beginning July 1, 1979, and ending December 31, 1979, such income shall be deemed to be not more than $7,500.00 during such six-month period and shall be adjusted to this figure; (D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month for any calendar year after 1979, such income shall be deemed to be not more than $15,000.00 during such year and shall be adjusted to this figure; or (E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month for any calendar year after 1990, such income shall be deemed to be not more than $20,000.00 during such year and shall be adjusted to this figure;. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 546 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. TRIAL JUDGES AND SOLICITORS RETIREMENT FUNDCONTRIBUTIONS; BENEFITS. Code Sections 47-10-3, 47-10-60, 47-10-100, and 47-10-103 Amended. Code Section 47-10-61 Repealed. No. 1140 (Senate Bill No. 71). AN ACT To amend Chapter 10 of Title 47, known as the Trial Judges and Solicitors Retirement Fund Act, so as to change the provisions relating to the definition of average annual compensation; to change the provisions relating to the basis for employer and employee contributions to the fund; to repeal a provision relating to the fee system of compensation and reports in connection therewith; to change the provisions relating to retirement and disability benefits; to provide for other matters relative to the foregoing; to provide conditions 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 . Chapter 10 of Title 47, known as the Trial Judges and Solicitors Retirement Fund Act, is amended by striking paragraph (1) of Code Section 47-10-3, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: Page 547 (1) `Average annual compensation' means the average annual compensation of a member during the two consecutive years of creditable service producing the highest such average, except that any increase in compensation during such two-year period which exceeds an annual increase in compensation of 5 percent shall not be counted in determining average annual compensation. Section 2 . Said chapter is further amended by striking Code Section 47-10-60, relating to the basis for employee and employer contributions to the fund, in its entirety and substituting in lieu thereof a new Code Section 47-10-60 to read as follows: 47-10-60. The basis for employer and employee contributions to the fund with respect to a judge or solicitor of an inferior court shall be the actual salary received as such judge or solicitor. Section 3 . Said chapter is further amended by repealing Code Section 47-10-61, which reads as follows: 47-10-61. (a) Each member who is a solicitor of an inferior court and who is on a fee system shall submit a report by the fifth day of each calendar month, setting forth the fees received for the previous calendar month and at the time the report is submitted shall also pay, as his employee contribution to the fund, an amount equal to 7 percent of the fees received, as detailed in the report. Such contributions shall be paid and the report shall be submitted to a person to be designated by the governing authority of the governmental unit which pays the costs of operation of such court. It shall be the duty of each solicitor of an inferior court who is on a fee system to submit the report and pay the employee contributions set forth in this subsection. The board is authorized to promulgate any rules and regulations, including rules and regulations providing for cancellation of membership in the fund, that might be necessary or desirable to ensure compliance with this subsection. (b) The persons designated by the governing authorities to receive the reports and employee contributions set forth in subsection (a) of this Code section shall forward such reports and contributions to the board by not later than the fifteenth day of the calendar month in which they were received. A duplicate Page 548 copy of such reports, certified as true and correct by such persons so designated, shall be forwarded to the Fiscal Division of the Department of Administrative Services at the same time in order for it to determine and pay the employer contributions set forth in subsection (c) of this Code section. (c) From funds appropriated or otherwise available for the operation of superior courts, the Fiscal Division of the Department of Administrative Services is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions for judges and solicitors of the inferior courts, including contributions to fund any creditable service authorized by this chapter. Such amount is to be determined by the Fiscal Division of the Department of Administrative Services on the basis of the duplicate reports submitted to it under subsection (b) of this Code section and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits provided for under this chapter., in its entirety and inserting in lieu of said repealed Code section the following: 47-10-61. Reserved. Section 4 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 47-10-100, relating to retirement benefits, in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) The maximum retirement benefits under this chapter shall be based on 16 years of creditable service and attainment of the age of 60. After completing such years of service and upon attaining age 60, a member shall be entitled to retire and receive a monthly retirement benefit. Such monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of 4 percent of the member's average annual compensation multiplied by the member's total number of years of creditable service, not to exceed 16 years. (c) After obtaining 16 years of creditable service, a member shall continue to make the employee contributions required Page 549 by this chapter, but the maximum retirement benefit shall be based on 16 years of creditable service. If a member continues in service after obtaining 16 years of creditable service, the member's average annual compensation all be computed on the basis of increases in compensation received after obtaining such 16 years of creditable service, subject to the requirements and limitations of paragraph (1) of Code Section 47-10-3. Section 5 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-10-103, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Code Section 47-10-100, except that such disabled member shall in any case be entitled to receive a minimum disability retirement benefit which shall be equal to 50 percent of the maximum retirement benefit provided by subsection (b) of Code Section 47-10-100 after 16 years of creditable service. (b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office as a result of an act of external violence incurred in or as a result of the performance of the member's official duties shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (b) of Code Section 47-10-100, except that such disabled member shall in any case be entitled to receive a minumum disability retirement benefit which shall be equal to 50 percent of the maximum retirement benefit provided by subsection (b) of Code Section 47-10-100 after 16 years of creditable service. Section 6 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as Page 550 provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. RETIREMENT AND PENSIONSJUDGES. Code Sections 47-9-40 and 47-10-40 Amended. No. 1141 (Senate Bill No. 79). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Act Creating the Superior Court Judges Retirement System, so as to change the provisions relating to membership in the system; to provide that any state court judge who is a member of the Employees' Retirement System of Georgia shall have the right to remain a member of said system if such judge becomes a superior court judge; to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the Trial Judges and Solicitors Retirement Fund Act, so as to change the provisions relating to membership in the fund; to provide that any member of the fund who becomes a superior court judge shall have the right to remain a member of said fund; to provide for other matters relative to the foregoing; to provide conditions 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: Page 551 Section 1 . Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Act Creating the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-40, relating to membership in the system, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in subsection (d.1) of this Code section and in subsection (g) of Code Section 47-10-40, any person who becomes a superior court judge for the first time after December 31, 1976, shall be a member of the retirement system created by this chapter and shall make employee contributions into the fund. Any judge of the superior court who holds office as such on December 31, 1976, and who is transferred from the Trial Judges and Solicitors Retirement Fund by Code Section 47-9-41 shall be a member of the retirement system created by this chapter and shall make employee contributions into the fund. Section 2 . Chapter 9 of Title 47 is further amended by adding between subsections (d) and (e) of Code Section 47-9-40, relating to membership in the Superior Court Judges Retirement System, a new subsection (d.1) to read as follows: (d.1) Any state court judge who is a member of the Employees' Retirement System of Georgia and who, without any break in service, becomes a superior court judge shall have the right to remain a member of the Employees' Retirement System of Georgia while holding office as a superior court judge. Code Section 47-2-260 shall apply to any superior court judge who exercises the right to remain a member of the Employees' Retirement System of Georgia pursuant to the provisions of this Code section. Section 3 . Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the Trial Judges and Solicitors Retirement Fund Act, is amended by adding at the end of Code Section 47-10-40, relating to membership in the fund, a new subsection (g) to read as follows: (g) The provisions of this or any other law to the contrary notwithstanding, any member of the fund who, without any break in service, becomes a superior court judge shall have Page 552 the right to remain a member of the fund while holding office as a superior court judge. The right granted by this subsection must be exercised by a member within 30 days after becoming a superior court judge and shall be exercised by sending written notification to the board of trustees of the fund and to the Board of Trustees of the Superior Court Judges Retirement System provided for in Chapter 9 of this title. The basis for employee contributions to the fund for a superior court judge who remains a member of the fund as authorized in this subsection shall be the state salary paid to such superior court judge. The employer contributions for any such member shall be determined by the Fiscal Division of the Department of Administrative Services and shall be an amount sufficient, together with employee contributions and earnings of the fund, to fund the service and disability retirement benefits of such member under this chapter. Section 4 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 553 SHERIFFS' RETIREMENT FUND OF GEORGIABENEFITS. Code Section 47-16-101 Amended. No. 1142 (Senate Bill No. 121). AN ACT To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to change the retirement benefits under Option One, known as the single life annuity; to provide conditions 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 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, 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) Option One shall be known as a `single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $204.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $204.00 per month, plus $51.00 per month for each additional year of service so credited to the member and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, that in no case shall such benefits exceed $1,530.00 per month;. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as Page 554 provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. GEORGIA FIREMEN'S PENSION FUNDBENEFITS. Code Sections 47-7-100 and 47-7-102 Amended. No. 1143 (Senate Bill No. 162). AN ACT To amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired or who shall retire under such Code section; to amend Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund, so as to increase retirement benefits payable to persons who have retired on disability or who shall retire on disability under such Code section; to provide conditions 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 47-7-100 of the Official Code of Georgia Annotated, relating to retirement benefits payable under the Georgia Firemen's Pension Fund, is amended by redesignating the present language of subsection (g) as paragraph (1) of subsection (g) and the present language of subsection (h) as paragraph (2) Page 555 of subsection (g) and by adding a new subsection (h) to read as follows: (h) (1) Effective July 1, 1990, the monthly retirement benefit for any person who retires on or after that date under this Code section shall be $570.00. (2) Effective July 1, 1990, the maximum monthly retirement benefit which would otherwise be payable to persons retired under this Code section prior to July 1, 1990, shall be increased by the amount of $40.00 per month, and the monthly retirement benefit of each person who retired under this chapter prior to that date or the monthly benefit of any surviving spouse or selected beneficiary who was receiving a benefit prior to that date shall be increased by a percentage of $40.00 which is equal to the percentage that the retired person's surviving spouse's, or selected beneficiary's monthly benefit payable immediately prior to July 1, 1990, bore to the maximum monthly benefit otherwise payable to such person under this Code section prior to July 1, 1990. Section 2 . Code Section 47-7-102 of the Official Code of Georgia Annotated, relating to disability retirement benefits payable under the Georgia Firemen's Pension Fund, is amended by adding at the end thereof a new subsection (j) to read as follows: (j) (1) Effective July 1, 1990, the maximum monthly disability retirement benefit for any person who retires under this Code Section on or after that date shall be $375.00. (2) Effective July 1, 1990, the maximum monthly retirement benefit which would otherwise be payable to persons retired under this Code section prior to July 1, 1990, shall be increased in the amount of $40.00 per month. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 556 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. RETIREMENT AND PENSIONSEMPLOYEES OF GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE. Code Section 47-2-310 Amended. No. 1144 (Senate Bill No. 312). AN ACT To amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia Federal-State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, so as to authorize creditable service for certain prior service as an employee of said inspection service; to provide for other matters relative thereto; to provide conditions 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 47-2-310 of the Official Code of Georgia Annotated, relating to employees of the Georgia Federal-State Shipping Point Inspection Service being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) Any member who was a member of the retirement system prior to July 1, 1975, and who, prior to becoming a member of the retirement system, was employed by the inspection Page 557 service shall be eligible to receive up to five years of creditable service under the retirement system for service rendered as an employee of the inspection service prior to becoming a member of the retirement system. In order to receive such creditable service, the member must pay to the board of trustees the employer and employee contributions which would have been paid to the retirement system during the period, not to exceed five years, of employment by the inspection service as if such employment had been rendered while a member of the retirement system, plus interest at the rate of 7 percent on such employer and employee contributions compounded annually from the time of the employment with the inspection service to the date of payment. The board of trustees may require such documentation as the board finds necessary to verify the period of employment with the inspection service and the compensation received for such employment. The board of trustees shall calculate the amount of payment required to obtain creditable service under this Code section and shall certify such amount to a member who applies for creditable service under this subsection. No more than a total of five years of service prior to July 1, 1975, as an employee of the inspection service may be obtained as creditable service under all provisions of this Code section. No creditable service may be obtained pursuant to the provisions of this subsection for any period for which creditable service has been or may be obtained under any other provision of this chapter. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 558 POSSESSION OF FIREARMSEXEMPTION FOR UNITED STATES ATTORNEYS. Code Section 16-11-130 Amended. No. 1145 (Senate Bill No. 20). AN ACT To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to include within such exemptions certain persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-130 to read as follows: 16-11-130. (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed full time in the offices listed below or if not full-time employees while engaged in pursuit of official duty or when authorized by federal or state law, regulations, or order: (1) Peace officers; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for Page 559 manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; (6) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (7) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the `State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation; (9) Public safety directors of municipal corporations; (10) Trial judges; and (11) United States Attorneys and Assistant United States Attorneys. (b) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 560 PROFESSIONS AND BUSINESSESARCHITECTS; EXAMINATIONS. Code Section 43-4-11 Amended. No. 1146 (Senate Bill No. 230). AN ACT To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to change certain provisions relating to examinations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking subsection (b) of Code Section 43-4-11, relating to qualifications of applicants for examination, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The examinations shall be the examinations prepared in accordance with the outline prescribed by the National Council of Architectural Registration Boards. The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary, with approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. The candidate for examination shall submit to the board satisfactory evidence of the following qualifications: (1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Accrediting Board may be accepted in lieu of a maximum of one year of the required practical experience; Page 561 (2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or (3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. HOSPITALSSTAFF PRIVILEGES. Code Sections 31-7-7 and 31-7-8 Amended. No. 1147 (Senate Bill No. 333). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for additional factors to be Page 562 considered by the governing body of a hospital in the granting of staff privileges; to provide that the governing bodies of certain hospitals, in considering whether to grant staff privileges to licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, or doctors of dentistry, shall not discriminate among qualified applicants; to provide for the construction of certain provisions; to provide for reports to the appropriate licensing board of disciplinary actions taken against such medical practitioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking Code Section 31-7-7, relating to the refusal or revocation by a public hospital of staff privileges, and inserting in its place a new Code Section 31-7-7 to read as follows: 31-7-7. (a) Whenever any licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry shall make application for permission to treat patients in any hospital owned or operated by the state, any political subdivision thereof, or any municipality, the hospital shall act in a nondiscriminatory manner upon such application expeditiously and without unnecessary delay considering the applicant on the basis of the applicant's demonstrated training, experience, competence, and availability and reasonable objectives, including, but not limited to, the appropriate utilization of hospital facilities; but in no event shall final action thereon be taken later than 90 days following receipt of the application; provided, however, whenever the applicant is licensed by any governmental entity outside the continental limits of the United States, the hospital shall have 120 days to take action following receipt of the application. This subsection shall apply solely to applications by licensed doctors of medicine, doctors of podiatric medicine, doctors of osteopathic medicine, and doctors of dentistry who are not members of the staff of the hospital in which privileges are sought at the time an application is submitted and by those not privileged, at such time, to practice in such hospital under a previous grant of privileges. The provisions of this subsection Page 563 shall not be construed so as to repeal the provisions of Code Section 31-7-15, to mandate hospitals to offer or provide any type of service or services not otherwise offered, or to prohibit a hospital with a clinical training program affiliated with a school of medicine from requiring an applicant to have a faculty teaching appointment as a condition of eligibility. (b) Whenever any hospital owned or operated by the state, any political subdivision thereof, or any municipality shall refuse to grant a licensed doctor of medicine, doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry the privilege of treating patients in the hospital, wholly or in part, or revoke the privilege of such licensed medical practitioner for treating patients in such hospital, wholly or in part, the hospital shall furnish to the licensed medical practitioner whose privilege has been refused or revoked, within ten days of such action, a written statement of the reasons therefor. (c) The provisions of this Code section shall not be construed to mandate such hospital to grant or to prohibit such hospital from granting staff privileges to other licensed practitioners of the healing arts who are otherwise qualified for staff privileges pursuant to the bylaws of the governing body of the hospital and, in addition, shall not be construed to modify or restrict the rights of health service provider psychologists to be treated in a nondiscriminatory manner as provided in Code Sections 31-7-161 and 31-7-164. Section 2 . Said article is further amended by striking Code Section 31-7-8, relating to reports of disciplinary actions against persons authorized to practice medicine, and inserting in its place a new Code Section 31-7-8 to read as follows: 31-7-8. (a) The hospital administrator or chief executive officer of each institution subject to this chapter shall submit a written report to the appropriate licensing board when a person who is authorized to practice medicine, osteopathy, podiatry, or dentistry in this state under Chapter 34, Chapter 35, or Chapter 11, respectively, of Title 43 and who is a member of the medical staff at the institution, has medical staff privileges at the institution, or has applied for medical staff privileges at the institution has his medical staff privileges denied, restricted, or revoked for any reason involving the medical Page 564 care given his patient. Each such administrator or officer shall also report to the appropriate licensing board resignations from practice in that institution by persons licensed under Chapter 34, Chapter 35, or Chapter 11 of Title 43. This Code section shall not require reports of temporary suspensions for failure to comply with medical record regulations. (b) The written report required by subsection (a) of this Code section shall be made within 20 working days following final action by the institution on the restriction, denial, or revocation of medical staff privileges. The results of any legal appeal of such action shall be reported within 20 working days following a final court decision on such appeal. (c) The report required by this Code section shall contain a statement detailing the nature of the restriction, denial, or revocation of medical staff privileges, the date such action was taken, and the reasons for such action. If the action is a voluntary resignation or restriction of medical staff privileges which was the result of action initiated by the institution, the report shall contain the circumstances involved therein. (d) There shall be no civil or criminal liability on the part of, and no cause of action for damages shall arise against, any hospital administrator, chief executive officer, or other authorized person who in good faith complies with this Code section. (e) Except as provided in this subsection, information contained in any report made to the appropriate licensing board pursuant to this Code section shall be confidential and shall not be disclosed to the public. Access to such reports shall be limited to members of the appropriate licensing board or its staff for their use and to interested institutions for their use in the review of medical staff privileges at the institution. (f) The failure of an institution to comply with this Code section shall be grounds for the denial, refusal to renew, or Page 565 revocation of the permit for the operation of the institution issued pursuant to this chapter. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. PENAL INSTITUTIONSTRANSMITTAL OF INFORMATION ON CONVICTED PERSONS. Code Section 42-5-50 Amended. No. 1148 (Senate Bill No. 354). AN ACT To amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, so as to change the provisions relating to transmittal of information on convicted persons; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to transmittal of information on convicted persons, places of detention, and custody of inmates, is amended by striking subsection (a) of said Code section, which reads as follows: (a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy Page 566 of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence, and other documents set forth in this section. Such notice shall be mailed within such time period by firstclass mail and shall be accompanied by three complete and certified sentence packages containing the following documents: (1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indictment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed; and (4) Order of probation revocation or tolling of probation. All of the aforementioned documents will be submitted on forms provided by the commissioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within thirty working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service. Page 567 Section 2 . This Act shall become effective on September 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. PUBLIC OFFICERS AND EMPLOYEESSTATE EMPLOYEES; HEALTH CARE AND DEPENDENT CARE SPENDING ACCOUNTS. Code Section 45-18-52 Amended. No. 1149 (Senate Bill No. 417). AN ACT To amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, so as to provide that the flexible employee benefit plan may provide for deductions or salary deductions for health care or dependent care spending accounts as authorized under certain provisions of the United States Internal Revenue Code of 1986; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the Employee Benefit Plan Council and the establishment of flexible employee benefit plans, is amended by striking in its entirety Code Section 45-18-52, relating to the establishment of flexible employee benefit plans, and inserting in lieu thereof a new Code Section 45-18-52 to read as follows: Page 568 45-18-52. The council is authorized to establish a flexible employee benefit plan for employees of the state and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter. Except as provided in Code Section 45-18-30 and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage. 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, 1990. PROBATE COURTSCHIEF CLERK; DUTIES DURING VACANCY IN THE OFFICE OF JUDGE. Code Section 15-9-11.1 Amended. No. 1150 (Senate Bill No. 449). AN ACT To amend Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate Page 569 court, so as to change the provisions regarding the filling of such vacancy; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-9-11.1 of the Official Code of Georgia Annotated, relating to assumption of duties by the chief clerk upon a vacancy occurring in the office of judge of the probate court, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (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 which occurs more than 60 days after the vacancy or the expiration of the remaining term of office, whichever occurs first; and (2) If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy, 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 570 DOWNTOWN DEVELOPMENT AUTHORITIESQUALIFICATIONS OF DIRECTORS. Code Section 36-42-7 Amended. No. 1151 (Senate Bill No. 489). AN ACT To amend Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, so as to change the provisions relating to such qualifications; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-42-7 of the Official Code of Georgia Annotated, relating to the qualifications of directors of downtown development authorities, is amended by striking said Code section, which reads as follows: 36-42-7. Directors shall be taxpayers residing in the municipal corporation for which the authority is created; and their successors shall be appointed by the governing body of the municipal corporation. Not less than four of the directors shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. Each authority shall have perpetual existence., in its entirety and substituting in lieu thereof a new Code Section 36-42-7 to read as follows: 36-42-7. (a) Directors shall be: Page 571 (1) Taxpayers residing in the municipal corporation for which the authority is created; or (2) Owners or operators of businesses located within the downtown development area and who shall be taxpayers residing in the county in which is located the municipal corporation for which the authority is created; or (3) Persons having a combination of the qualifications specified in paragraphs (1) and (2) of this subsection. (b) Not less than four of the directors having the qualifications specified in subsection (a) of this Code section shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. Successors to the directors shall be appointed by the governing body of the municipal corporation. (c) The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred by them in the performance of their duties. Each authority shall have perpetual existence. 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, 1990. Page 572 ANIMALSPREVENTION AND CONTROL OF DISEASE; LAW ENFORCEMENT OFFICERS; DUTIES. Code Section 4-4-5 Amended. No. 1152 (Senate Bill No. 517). AN ACT To amend Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, so as to provide that at the request of the Commissioner of Agriculture it shall be the duty of all state, county, municipal, and other law enforcement officers to enforce and assist in enforcement of the provisions of such chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 4-4-5 of the Official Code of Georgia Annotated, relating to enforcement of Chapter 4 of Title 4, relating to prevention and control of disease in livestock, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows: (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the Page 573 employees and agents of the department in the enforcement of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. CIVIL PRACTICEGOVERNOR'S COMMISSION ON OBSTETRICS. Code Section 9-9-84 Enacted. No. 1153 (Senate Bill No. 553). AN ACT To amend Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, so as to create the Governor's Commission on Obstetrics; to provide for the membership, powers, duties, chairman, meetings, per diem, and expenses of the commission; to provide for recommendations and reports; to provide for time limits; to provide for the termination of the commission and the repeal of laws relating to the commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration in medical malpractice claims, is amended by adding at the end thereof a new Code Section 9-9-84 to read as follows: 9-9-84. (a) The General Assembly finds and declares that: Page 574 (1) The health and well-being of Georgians is a major concern of the General Assembly; (2) There has been a significant decrease in the number of physicians who practice obstetrics and who deliver babies; and (3) Prompt action, after a thorough investigation of all facets of this problem, is needed to ensure adequate medical care for mothers and their children. (b) There is created the Governor's Commission on Obstetrics. The commission shall be composed of 19 members. Thirteen members shall be appointed by the Governor as follows: (1) Three members shall be female citizens of this state who are not affiliated with the medical profession, the health care industry, or the insurance industry; (2) Three members shall be physicians chosen from a list recommended by the Medical Association of Georgia; (3) Three members shall be attorneys chosen from a list recommended by the State Bar of Georgia; (4) One member shall be a certified nurse-midwife chosen from a list recommended by the Georgia Chapter of the American College of Nurse-Midwives; (5) One member shall be a representative of the Georgia Hospital Association; (6) One member shall be a representative of the insurance industry with experience and expertise in liability insurance coverage; and (7) One member shall be a certified registered nurse anesthetist from a list recommended by the Georgia Association of Certified Registered Nurse Anesthetists. Three members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Page 575 Three members shall be members of the Senate appointed by the President of the Senate. The Governor shall designate one member of the commission as chairman of the commission. The chairman shall call all meetings of the commission. (c) The commission shall undertake a study of all problems and conditions relative to the provision of obstetrical care for the citizens of this state. The commission shall seek solutions to the obstetrical crisis. The commission shall recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1990. (d) While engaged in the duties of the commission, the legislative members of the commission shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees. Such members shall receive such expenses and allowances from the funds of the legislative branch of state government. (e) The commission may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (f) The commission created by this Code section shall stand abolished on December 1, 1990, and this Code section is repealed effective on December 1, 1990. 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, 1990. Page 576 GEORGIA AUCTIONEERS COMMISSIONTERMS, REPORTS, AND TERMINATION. Code Title 43, Chapter 6 Amended. No. 1154 (Senate Bill No. 574). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to change certain definitions; to provide that no member of the Georgia Auctioneers Commission may serve more than two consecutive terms; to repeal Code Section 43-6-5 of the Official Code of Georgia Annotated, relating to certain reports; to amend provisions relating to exemptions from such chapter; to change the termination date of such commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 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 applicable to auctioneers, 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: (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 Page 577 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. (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 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. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-6-3, relating to the filling of vacancies on the Georgia Auctioneers Commission, and inserting in lieu thereof a new Code Section 43-6-3 to read as follows: 43-6-3. (a) Members of the commission shall serve until their successors are appointed and qualified. No member of the commission may serve more than two consecutive terms. Vacancies on the commission shall be filled by appointment of the Governor. (b) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient Page 578 to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter. (c) The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-6-5, relating to certain reports, and inserting in lieu thereof the following: 43-6-5. Reserved. Section 4 . Said chapter is further amended by striking in its entirety Code Section 43-6-24, relating to exceptions to such 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 full-time 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. Page 579 Section 5 . Said chapter is further amended by striking in its entirety Code Section 43-6-26, relating to a termination date, and inserting in lieu thereof a new Code Section 43-6-26 to read as follows: 43-6-26. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Auctioneers Commission shall be terminated on July 1, 1996, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 6 . 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, 1990. GEORGIA MILITARY COLLEGEBOARD OF TRUSTEES. Code Title 20, Chapter 3, Article 9 Amended. No. 1155 (Senate Bill No. 623). AN ACT To amend Chapter 3 Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to create the Board of Trustees of the Georgia Military College; to provide definitions; to provide for composition of such board; to provide for the appointment and terms of members; to provide for a chairman; to provide for attendance by members at meetings of the board; to provide for payment of and reimbursement of expenses for members of the board; to provide for authority of the board; to provide for a fiscal year; to provide for an annual report; to provide for legislative Page 580 intent applicable to the Georgia Military College; to provide that management of the college shall vest in the board of trustees; to provide that certain trust funds created prior to July 1, 1990, shall vest in the board of trustees; to provide that all property of the college shall vest in the board of trustees; to authorize the board of trustees to sell or otherwise dispose of property owned by the college under certain circumstances; to provide for the use of the proceeds of such disposition of property; to provide for the execution of deeds; to provide for a scholarship program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking in its entirety Article 9, relating to the Georgia Military College, and inserting in lieu thereof a new Article 9 to read as follows: ARTICLE 9 Part 1 20-3-540. As used in this article, the term: (1) `Board of trustees' or `board' means the Board of Trustees of the Georgia Military College. (2) `College' means the Georgia Military College. 20-3-541. There is created a public authority, a body corporate and politic, to be known as the Board of Trustees of the Georgia Military College, which shall be deemed an instrumentality of this state and a public corporation. 20-3-542. The board shall be composed of one member appointed by the Governor from each congressional district in the state, and two members appointed by the Governor from the state at large. The Governor shall not be a member of the board. Page 581 20-3-543. The initial members appointed from even-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1990, and shall serve three-year terms, and the initial members appointed from odd-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1990, and shall serve six-year terms. Thereafter, each appointed member shall serve a six-year term. It shall be the duty of the members of the board to attend the meetings of the board. 20-3-544. The board shall elect one of its members as chairman who shall serve for a two-year term. 20-3-545. Members of the board of trustees shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the board or for each day of travel, within or outside the state, as a member of a committee of the board, which travel has been authorized by the chairman or by action of the board, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting or places of visits or inspections. No member shall be authorized to receive the sums, expenses, and costs provided by this Code section for more than 60 days per year. Such sums, expenses, and costs shall be paid from funds appropriated to or otherwise available to the board. 20-3-546. The board of trustees shall have the authority: (1) To make such reasonable rules and regulations as are necessary for the performance of its duties; (2) To elect or appoint professors, educators, stewards, or any other officers necessary for the Georgia Military College; to discontinue or remove them as the good of the college may require; and to fix their compensations; (3) To determine the policy and shape the conduct of the college; (4) To receive donations, bequests, and contributions to the college; Page 582 (5) To sign, execute, and deliver in the name of the college all bonds that may be required of the college or its officers or trustees; (6) To execute and deliver in the name of the college all contracts that may be needed or necessary; (7) To borrow money, execute and deliver the note of the college, and to secure the same; (8) To make purchases; (9) To erect buildings and equip them on lands belonging to the college, on land loaned or leased to the college, and on lands of the state heretofore or hereafter granted to or set apart for use of the college; (10) To administer scholarships, loans, and financial assistance programs as may become available; and (11) To exercise any power usually granted to such board, necessary to its usefulness, not inconsistent with the Constitution and laws of this state. 20-3-547. The fiscal year of the board of trustees and of the Georgia Military College is from July 1 in each year through June 30 in the following year. 20-3-548. The board of trustees shall submit to the Governor annual reports of its transactions, together with such information as is necessary to show the condition of the Georgia Military College and with such suggestions as it may deem conducive to the good of the college. Part 2 20-3-560. It is the intention of the General Assembly that the Georgia Military College be a state-wide institution dedicated to providing a high-quality military education to the youth of this state, but not beyond the level of the second year of postsecondary study; provided, however, that the level of such educational programs shall be subject to the availability of funds appropriated by the General Assembly. The student Page 583 enrollment of the college shall reflect as closely as possible the racial and demographic makeup of the state. 20-3-561. The government, control, and management of the Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Military College shall receive any designated funds appropriated by the General Assembly through the State Board of Regents. 20-3-562. Any trust fund or property, real, personal, or mixed, that may have been created prior to July 1, 1990, by will or otherwise, as a fund, gift, donation, or devise to any prior board of trustees of the college or to any executor or trustee to and for the benefit, use, or behoof of the college shall not lapse by virtue of any of the provisions of this article, but such trust shall remain valid and of full force and effect; and the beneficial interest under any such deed of gift, will, or other conveyance shall vest in the board of trustees as trustee to and for the use, benefit, and behoof of the college. In any case where provisions of any deed of gift, will or other conveyance referred to in this Code section require a trustee and no trustee shall in any contingency exist, the board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance. 20-3-563. Title to all real, personal, and mixed property of whatever nature of the Georgia Military College is vested in the board of trustees, to be held by the board in trust for the benefit and use of the college. 20-3-564. All properties owned or held by the board of trustees pursuant to this article which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board, subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interest of the college, if the board shall first determine that such property can no longer be advantageously used by the college; provided, however, that where any such property has been granted or conveyed to the college or the board for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance. Page 584 20-3-565. In case of any sale, lease, or disposition of property under Code Section 20-3-564, the board of trustees, through its proper officers, and the Governor, on behalf of the state, shall execute and deliver such written evidence of title or of the creation of a leasehold interest as may be necessary. 20-3-566. The proceeds arising from any sale or lease of property under Code Section 20-3-564 shall be used for the support of the college or for the payment of any debts thereof as the board may determine. 20-3-567. (a) The board of trustees shall have the authority to grant to qualified students who are citizens and bona fide residents of this state such scholarships as available funds allow. The basis for those scholarships shall be financial need and student achievement, and the board of trustees shall establish rules and regulations governing the eligibility for and awarding of such scholarships; provided, however, that such scholarships shall be apportioned on an equal basis by congressional district. (b) The funds necessary to provide for the program of scholarships authorized by this Code section shall come from funds appropriated or otherwise made available to the board of trustees for such purposes; provided, however, that nothing in this Code section shall be construed to require the General Assembly to appropriate any such funds. Section 2 . This Act shall become effective on July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 585 FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICERSPEEDING OR LEAVING STATE. Code Section 40-6-395 Amended. No. 1156 (Senate Bill No. 642). AN ACT To amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, so as to provide that driving in excess of 30 miles an hour above the posted speed limit or leaving the state while fleeing or attempting to elude an officer shall be a misdemeanor of a high and aggravated nature; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-6-395 to read as follows: 40-6-395. (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) (1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be Page 586 subject to suspension, stay, or probation or imprisoned for up to one year, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection. Page 587 (5) Any person violating the provisions of subsection (a) of this Code section and, while fleeing or attempting to elude a pursuing police vehicle or police officer, operates his vehicle in excess of 30 miles an hour above the posted speed limit or leaves the state shall be guilty of a misdemeanor of a high and aggravated nature. (c) It shall be unlawful for a person: (1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the state division of investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state, or local law enforcement agency; or (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. CRIMES AND OFFENSESFORFEITURE OF PROPERTY USED IN OR DERIVED FROM ILLEGAL GAMBLING. Code Section 16-12-32 Amended. No. 1157 (House Bill No. 1154). AN ACT To amend Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to Page 588 gambling and related offenses, so as to change the provisions relating to the entry of judgment by default where no defense is filed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-12-32 of the Official Code of Georgia Annotated, relating to seizure and disposition of property used in or derived from a violation of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows: (f) If no defense is filed within 30 days after the service of a copy of the action or the last publication required under subsection (e) of this Code section, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. MOTOR VEHICLESSAFETY BELTS; PASSENGERS IN PICKUP TRUCKS ON INTERSTATE HIGHWAYS. Code Section 40-8-76.1 Amended. Code Section 40-8-79 Enacted. No. 1158 (House Bill No. 1180). AN ACT To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to change the definition of the term passenger vehicle Page 589 in connection with the requirement for the use of safety belts in passenger vehicles; to provide that it shall be unlawful for any person under 18 years of age to ride as a passenger in the uncovered bed of a pickup truck on an interstate highway; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking subsection (a) of Code Section 40-8-76.1, relating to the use of safety belts in passenger vehicles, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term `passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use. Section 2 . Said chapter is further amended by adding immediately following Code Section 40-8-78 a new Code Section 40-8-79 to read as follows: 40-8-79. It shall be unlawful for any person under the age of 18 to ride as a passenger in the uncovered bed of a pickup truck on any interstate highway in this state. The driver of any vehicle in violation of this Code section shall be guilty of a misdemeanor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 590 LABOR AND INDUSTRIAL RELATIONSDISCRIMINATION AGAINST EMPLOYEE FOR ATTENDING JUDICIAL PROCEEDING. Code Sections 15-1-4 and 34-1-3 Amended. No. 1159 (House Bill No. 1274). AN ACT To amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, so as to repeal the provisions relating to the inapplicability of this Act to certain employees; to amend Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, so as to provide for the inapplicability of such Code section to certain employees; 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 15-1-4 of the Official Code of Georgia Annotated, relating to the extent of the contempt powers of courts, is amended by striking subsection (c), which reads as follows: (c) This Act shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee's expected absence or delay in reporting to work in order to attend a judicial proceeding., in its entirety. Section 2 . Code Section 34-1-3 of the Official Code of Georgia Annotated, relating to discrimination against an employee for attending a judicial proceeding in response to a court order or process, is amended by adding at the end thereof a new subsection (c) to read as follows: Page 591 (c) This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employee's expected absence or delay in reporting to work in order to attend a judicial proceeding. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. MOTOR VEHICLES AND TRAFFICACCIDENT REPORTING. Code Sections 40-9-30 and 40-9-31 Repealed. No. 1160 (House Bill No. 1295). AN ACT To amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial responsibility, so as to remove the requirement that certain accidents be reported to the Department of Public Safety; to repeal the penalties for failure to report; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving proof of financial responsibility, is amended by striking Code Section 40-9-30, which reads as follows: Page 592 40-9-30. (a) The operator of every motor vehicle which is in any manner involved in an accident in this state in which any person is killed or injured, or in which damage to the property of any one person, including himself, to the extent of $250.00 or more is sustained, shall within ten days after receiving a written request from the commissioner report the matter in writing to the commissioner. The owner of any parked vehicle which is involved in an accident shall file a report within ten days after receiving a written request from the commissioner. Such report, the form of which shall be prescribed by the commissioner, shall contain sufficient information to enable the commissioner to determine whether the requirements for the deposit of security under Code Section 40-9-32 are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter. If no law enforcement officer investigates or is called to the scene of the accident, then such report shall be filed by the operator of a moving vehicle within ten days after the accident and by the owner of a parked vehicle within ten days after learning of the accident. (b) The operator or the owner of the vehicle involved in the accident shall furnish such additional relevant information as the department may require. The operator or the owner is not required to file a report or furnish other information unless requested by the commissioner to do so in writing or unless no law enforcement officer investigates or is called to the scene of the accident. (c) If such operator is physically incapable of making a report and is not the owner of the motor vehicle involved, the owner of the motor vehicle involved in the accident shall, within ten days after learning of the accident if no law enforcement officer investigated or was called to the scene of the accident, or within ten days after receiving a written request from the commissioner, make such report. If the operator and owner are the same person, and he is physically incapable of making such report within the required ten-day period, he shall file the report as soon as he is able to do so, and in the meantime the commissioner has authority to request a report of the accident from any officer who investigated the accident., in its entirety and inserting in lieu thereof the following: Page 593 40-9-30. Reserved. Section 2 . Said chapter is further amended by striking Code Section 40-9-31, which reads as follows: 40-9-31. (a) Any person who fails to report an accident as required in Code Section 40-9-30 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $25.00. The department shall suspend the license or the nonresident's operating privilege of any person who fails to report an accident resulting in injury to or damage to the person or property of another until such report has been filed and for such further period, not to exceed 30 days, as the department may determine. (b) Any person who gives information required in a report or otherwise provided in Code Section 40-9-30 knowing or having reason to believe that such information is false shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than one year, or by both such fine and imprisonment., in its entirety and inserting in lieu thereof the following: 40-9-31. Reserved. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 594 EDUCATIONGEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION. Code Sections 20-13-1 through 20-13-12 Enacted. No. 1161 (House Bill No. 1313). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Public Telecommunications Commission as a body corporate and politic which shall be deemed to be a public corporation and an instrumentality of the State of Georgia; to provide for the membership of the commission and their appointments and terms of office and the method of filling vacancies; to provide for the compensation of the members; to provide for meetings of the commission; to provide for an executive director and his duties and responsibilities; to provide for the functions of the commission; to provide for the transfer of certain Federal Communications Commission licenses, facilities, and equipment held and owned by the prior Georgia Public Telecommunications Commission to the new commission; to provide for the powers, duties, and responsibilities of the commission; to provide for the transfer of certain positions to the commission from the State Board of Education and the board of regents; to provide for membership of certain employees in the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the procedures connected therewith; to provide through the commission a mechanism to improve the quality and variety of educational experiences and resources for all Georgia citizens, to meet the continuing professional and non-professional educational needs of the adult citizenry, to provide a variety of cultural and educational programming which reflects the diversity of Georgia's population, to provide objective and comprehensive coverage of local, state, national, and international issues so that citizens may make effective use of them, to provide a forum for the discussion and debate of ideas, to provide a noncommercial, creative outlet for existing and future cultural and artistic talent in Georgia, to provide adequate planning for a state-wide public telecommunications system, to provide for the integration of new technologies for the improvement of both cost-effectiveness and delivery of services, and to minimize costs to Georgia taxpayers for the delivery of public broadcasting and telecommunications Page 595 services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new Chapter 13 to read as follows: CHAPTER 13 20-13-1. (a) There is created a body corporate and politic to be known as the Georgia Public Telecommunications Commission 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 of this state. (b) The commission shall have perpetual existence. Any change in name or composition of the commission shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter. (c) The commission shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as provided for in Code Section 50-4-3. 20-13-2. (a) The commission shall be composed of nine members, who shall be appointed as follows: (1) Six members from the general public chosen by the Governor; (2) The State School Superintendent, ex officio; (3) The chancellor of the university system, ex officio; and (4) The commissioner of technical and adult education, ex officio. Page 596 Except for the State School Superintendent, the chancellor of the university system, and the commissioner of technical and adult education, no person may serve on the commission who is also an official, officer, or employee of the state or any of its agencies or instrumentalities or an official, officer, employee, or representative of any public school system. (b) The initial terms of office of the members chosen from the general public shall be for two members' terms to expire on June 30, 1992, two members' terms to expire on June 30, 1993, and the remaining two members' terms to expire on June 30, 1994. The Governor shall determine which of such appointees shall serve for which terms. Thereafter, their successors shall serve for terms of four years and until a successor is appointed and qualified. (c) The commission shall elect one of its members as chairperson. (d) Vacancies which occur in the appointed membership of the commission shall be filled by the Governor. 20-13-3. The appointed members of the commission shall receive for each day of service expended as a member of the commission the per diem and expense allowances authorized for members of other state boards and commissions, as provided by Code Section 45-7-21. 20-13-4. The commission shall hold regular meetings bimonthly or as necessary as determined by the chairperson. Additional meetings may be called by the chairperson or at the request of three or more of the members. 20-13-5. (a) The Georgia Public Telecommunications Commission is declared to be a public charitable organization created, designed, and intended for the purpose of providing educational, instructional, and public broadcasting services to the citizens of the State of Georgia and making available those services to the citizens of the several states as deemed necessary and feasible. (b) The commission is authorized to accept and utilize gifts, contributions of money, property, facilities, services, Page 597 donations, bequests, and appropriations from the State of Georgia or any agency, instrumentality, or political subdivision thereof; or from any individual or corporation; or from the United States of America or any agency or instrumentality thereof. (c) Subject to appropriations by the General Assembly, the commission will provide for the public broadcasting and other transmission of educational, instructional, and continuing educational programs and telecourses to the various schools and citizens of the State of Georgia. (d) Upon the submission of its budget request in accordance with the budget submission provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' the commission may receive each year a grant appropriated to the board of regents for commission personnel and operating expenses. The commission shall submit a budget request consistent with the process used by other state agencies and commissions. This shall be submitted as a separate budget request through the board of regents as provided for in Code Section 50-4-3. (e) The members of the commission shall be accountable in all respects as trustees. The commission shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit annually to the state auditor or his designated agent for inspection all of the books together with the proper statement of the commission's financial position at the close of its fiscal year. (f) The Department of Law shall provide legal services to the commission in the same manner as legal services are provided to state departments under Article 2 of Chapter 15 of Title 45; and the provisions of Code Sections 45-15-13 through 45-15-16, relating to provision of legal services to state authorities, shall not apply with respect to provision of legal services to the commission. 20-13-6. The Georgia Public Telecommunications Commission shall appoint an executive director of the commission and shall fix his compensation, duties, and responsibilities consistent with the provisions of this chapter. The executive director of the commission shall exercise the overall supervision Page 598 and direction of the staff of the commission and shall serve at the pleasure of the commission. The commission may assign and delegate to the executive director such responsibilities, powers, and duties as it may deem proper and appropriate, including the authority to execute on behalf of the commission those documents and other filings required by the Federal Communications Commission and other regulatory agencies. 20-13-7. The executive director shall be responsible for implementing the policies of the commission and for the day-to-day operations of the commission. The executive director shall develop job descriptions for the necessary administrative, production, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the commission operations. The executive director, with approval of the commission and with advice from the agencies which use its services, shall seek ways to improve these services. To the extent delegated by the commission, the executive director shall represent the commission nationally and shall transmit and interpret the state's position on public telecommunications matters to national, regional, and state bodies as necessary and as directed by the commission. The executive director shall recommend to the commission such advisory councils and memberships as shall be deemed appropriate by the executive director. 20-13-8. (a) (1) The commission is authorized and empowered to hold licenses issued by the Federal Communications Commission or other appropriate governmental agencies necessary for the operation of public telecommunications facilities and to operate such facilities in the State of Georgia for the purpose of serving the educational and public telecommunications needs of the State of Georgia and the various communities within the state. For the purposes of this chapter, public telecommunications facilities shall include noncommercial educational radio and television stations, auxiliary broadcast facilities, low power television or radio stations, satellite earth stations, microwave stations, cable television systems, instructional television fixed service facilities, and such other telecommunications equipment and facilities as may be necessary for the provision of public telecommunications services to as much of the State of Georgia as feasible and for the realization of the other purposes of this chapter. Page 599 (2) For the purposes of this chapter, public telecommunications services shall include noncommercial educational and cultural radio and television programs and related instructional or informational material that may be transmitted by means of electronic communications. (b) The prior Georgia Public Telecommunications Commission in existence as of January 1, 1990, is directed to do all acts necessary to make application, as promptly as possible, to the Federal Communications Commission for the necessary authority to transfer or assign to the commission created by this chapter any and all Federal Communications Commission licenses or other authorizations which it holds or for which applications are pending before the Federal Communications Commission. (c) The prior Georgia Public Telecommunications Commission is also directed to take actions mandated by the Federal Communications Commission or prudent to preserve and provide for the orderly transfer of the licenses. On the first Monday following the expiration of 40 days after the last grant of Federal Communications Commission authority for the assignment to the commission created by this chapter of any Federal Communications Commission license or other authorization, the prior Georgia Public Telecommunications Commission in existence on January 1, 1990, is authorized and directed to transfer or assign to the commission created by this chapter all rights, title, and interest to all such facilities and equipment, unless the commission created by this chapter shall direct that a later date for said transfer shall be utilized, in which event the date specified by the commission created by this chapter shall control said transfer. Until the transfer to the commission created by this chapter of the Federal Communications Commission license or other authorization, the noncommercial educational broadcast stations licensed to the prior Georgia Public Telecommunications Commission in existence on January 1, 1990, shall remain under the control of such prior commission. (d) The commission created by this chapter shall integrate the facilities and equipment provided for in subsection (c) of this Code section and shall perform the following functions: Page 600 (1) Ensure the production and delivery of educational materials as needed by the state's educational entities, which shall include: (A) Making instructional television available state wide to the various institutions of secondary, post-secondary, and higher education as well as the general public; (B) Assisting in design of public telecommunications systems in public schools and training of public school employees to effectively operate such systems; (C) Working with the Department of Education, the Board of Technical and Adult Education, and the board of regents in planning and providing the most flexible instructional television delivery system possible, to include design, building, and operating of various open-air and closed circuit electronic delivery systems to serve elementary, secondary, postsecondary, vocational, college, postgraduate, and adult continuing educational needs; and (D) Providing public telecommunications services state-wide and meeting the public telecommunications needs of the public in the state; (2) Initiate negotiations when deemed appropriate and acquire any other public broadcasting facilities that would enhance and improve the commission's public broadcasting network; (3) Develop and implement a plan to establish adequate levels of local programming; (4) Serve the public telecommunications television and radio production needs of all public agencies in the state which request such assistance on an at-cost purchase-of-services basis; (5) Provide and acquire television and radio programming as needed; Page 601 (6) Purchase and provide services as necessary from and to public and private entities so as to perform effectively and efficiently its responsibilities and increase its fund base; (7) Solicit and receive funds from the general public, corporate underwriters, and various public and private foundations; (8) Enter into contracts individually or jointly with other entities for the production of quality educational and public programming; (9) Make maximum efficient use of production and transmission equipment; plan equipment replacements in an orderly fashion; and monitor ongoing technological advances so that they can be adopted when they become cost feasible; (10) Be empowered and encouraged to provide and maintain a state-wide public radio network and radio reading service for the visually handicapped; (11) Comply with all applicable regulations, such as ascertainment of viewer and listener needs and provisions for local participation; (12) Offer technical assistance upon request to local governments in their negotiation of franchise agreements with cable television companies; (13) Establish and maintain a positive working relationship with other organizations involved in public and private telecommunications in Georgia; (14) Represent the state with other public telecommunications and regulatory agencies in Georgia, in other states, and at the national level; (15) Represent the state as the coordinating entity for the National Telecommunications and Information Agency's public telecommunications facilities program; Page 602 (16) Establish and appoint advisory committees as necessary; and (17) Adopt such rules and regulations as are necessary to carry out the purposes of this chapter. 20-13-9. It is the intent of this chapter that the content of instructional television is clearly and unequivocally the responsibility of the Board of Education, the Board of Technical and Adult Education, and the board of regents for programs and courses within their respective purviews. In consultation with the appropriate agencies, the commission shall make available various public telecommunications services to help enable these agencies to carry out their defined responsibilities and purposes. 20-13-10. (a) The executive director and his deputy director, division directors, and other employees shall be considered state employees in the unclassified service of the merit system for the purposes of benefits administered by the merit system and for retirement purposes. (b) Upon the assignment of the licenses held by the prior Georgia Public Telecommunications Commission to the commission created by this chapter, pursuant to the provisions of Code Section 20-13-8, all current positions and all officers and employees previously employed, assigned, or delegated by the Department of Education and the board of regents to the prior Georgia Public Telecommunications Commission shall be transferred to the commission created by this chapter. Certain employees from the Foundation for Public Broadcasting in Georgia who have functioned in support positions in the foundation for the benefit of the state and the prior Georgia Public Telecommunications Commission shall be employed by the commission created by this chapter subject to the operating needs of the commission. (c) All employees of the Department of Education transferred to the commission by the provisions of subsection (b) of this Code section shall retain all accumulated sick and annual leave and shall be entitled to retain membership in the Employees' Retirement System of Georgia and to retain any and all rights under said retirement plan. Page 603 (d) All employees of the board of regents transferred to the commission by the provisions of subsection (b) of this Code section shall retain all accumulated sick and annual leave and shall be entitled to retain membership in the Teachers Retirement System of Georgia and to retain any and all rights under said retirement plan. (e) All employees or officers hired or appointed by the Georgia Public Telecommunications Commission on or after July 1, 1990, shall be members of the Employees' Retirement System of Georgia as a condition of employment. All employees and officers of the Georgia Public Telecommunications Commission who are not already members of the Employees Retirement System of Georgia may elect to become members on or after July 1, 1990. Any officer or employee of the commission who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employes shall be entitled to credit for his services and shall not suffes any loss of credit to which he is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Public Telecommunications Commission all employer contributions required under this subsection, including employer's social security contributions. The commencement date shall be July 1, 1990. 20-13-11. The commission shall have the power: (1) To have a seal and alter it at pleasure; (2) Subject to the approval of the State Properties Commission, to acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real property of every kind and character for its corporate purposes; (3) Subject to the provisions of Part 1 of Article 3 of Chapter 5 of Title 50, relating to centralized purchasing, to acquire by purchase, lease, or otherwise and to hold, lease and dispose of personal property of every kind and character for its corporate purposes; (4) To appoint and select officers, agents, and employees, including architects, engineers, and construction experts, and to fix their compensation; Page 604 (5) Subject to the approval of the Georgia State Financing and Investment Commission: (A) To accept loans of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (B) To borrow money for temporary financing of a commission production and to provide for the payment of the same, as may be permitted under the Constitution and laws of the State of Georgia; (6) To accept grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (7) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (8) To act as agent for the United States of America, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the commission; (9) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be employed, as the commission may deem necessary or expedient in facilitating its business; (10) To receive gifts, donations, contributions, or endowments from any person, firm, or corporation; (11) To hold, use, administer, and expend such sum or sums as may hereafter be received as income from gifts, donations, contributions, or endowments for any of the purposes of the commission; Page 605 (12) To do any other things necessary or proper to provide for, promote, improve, and render public broadcasting projects self-supporting, including the establishment and modification of all reasonable fees, rentals, and other charges of whatever kind, consistent with paragraph (4) of subsection (d) of Code Section 20-13-8, it deems necessary for any services or facilities provided to other agencies, instrumentalities, individuals, and corporations, both public and private; (13) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the commission causes to be constructed, erected, or acquired; and (14) To do all things necessary or convenient to carry out the powers expressly given, authorized, or required in this chapter. 20-13-12. It is found, determined, and declared that the creation of the commission and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the commission will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. This state warrants and covenants that the commission shall be required to pay no taxes or assessments upon any property owned, acquired, or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings, towers, and facilities erected or acquired by it or upon any fees, rentals, or other charges for the use of such buildings, towers, or facilities or upon other income received by the commission. This exemption shall include an exemption from state and local sales and use tax on property purchased by the commission for use exclusively by the commission. Page 606 Section 2 . This Act shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. GEORGIA LAND SALES ACT. Code Title 44, Chapter 3, Article 1 Amended. No. 1162 (House Bill No. 1333). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to reenact Article 1 thereof, relating to sales in this state of subdivided lands, so as to provide that the Secretary of State will no longer have powers or duties under that article and that certain of such powers and duties will become the powers and duties of the Georgia Real Estate Commission; to change the short title; to change definitions; to change the provisions regarding certain registration statements, accompanying documents, and property reports; to change certain provisions regarding previously effective property reports and registration statements; to change provisions regarding required letters of credit; to provide for certain fees and expenses; to provide for effective dates of registration and amendments and notifications relating thereto; to change certain provisions regarding notices, administrative hearings, and judicial review thereof and provide for the applicability of certain provisions of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide for applications and forms; to provide for changes in property reports and use of such reports; to change certain provisions regarding issuance of stop orders; to provide for powers and duties of the Georgia Real Estate Commission and real estate commissioner; to change certain pronoun references and change certain terms; to provide for investigations, confidentiality, subpoenas and their enforcement, and disciplinary sanctions; to Page 607 provide for rules and regulations; to require certain business records; to provide for denials, reprimands, suspensions, revocations, cease and desist orders, and civil penalties and grounds therefor; to change provisions relating to immunity from liability; to change certain dates relating to retroactive and prospective application of laws and relating to civil actions, registrations, orders, and judicial review; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking Article 1 thereof, the Georgia Land Sales Act of 1982, and inserting in its place a new Article 1 to read as follows: ARTICLE 1 44-3-1. This article shall be known as the `Georgia Land Sales Act.' 44-3-2. As used in this article, the term: (1) `Agent' means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another person consists of rendering legal services. (2) `Blanket encumbrance' means: (A) Any deed to secure debt, trust deed, mortgage, mechanic's lien, or any other lien or financial encumbrance securing or evidencing money debt and affecting subdivided land or affecting more than one lot or parcel of subdivided land; or (B) Any agreement affecting more than one such lot or parcel by which the subdivider holds such subdivided land under an option, contract to purchase, or trust agreement; provided, however, that taxes and Page 608 assessments levied by public authority are not deemed to be encumbrances within the meaning of this definition. (3) `Business day' means any calendar day except Sunday or any national legal public holiday. (4) `Commission' means the Georgia Real Estate Commission. (4.1) `Commissioner' means the real estate commissioner. (5) `Common promotional plan' means a plan undertaken by a single developer or a group of developers acting in concert to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert and, where such land is contiguous or known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. (6) `Developer' or `subdivider' or `owner' means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision. (7) `Disposition' or `dispose of' means any sale, exchange, lease, assignment, award by lottery, or other transaction designed to convey an interest in a subdivision or parcel, lot, or unit thereof, if undertaken for gain or profit. (8) `Offer' means every inducement, solicitation, or attempt to bring about a disposition. (9) `Person' means an individual, firm, company, association, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association or organization, two or more of Page 609 any of the foregoing having a joint or common interest, or any other legal or commercial entity. (9.1) `Property report' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the subdivision as required by this article. (10) `Purchaser' means a person other than a developer or lender who acquires an interest in any lot, parcel, or unit in a subdivision. (11) `Sale' means every sale, lease, assignment, award by lottery, solicitation, or offer to do any of the foregoing concerning a subdivision, if undertaken for gain or profit. (12) `Subdivision' or `subdivided land' means: (A) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (B) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan. 44-3-3. It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless such land is subject to an effective registration statement under this article or such land is exempt under Code Section 44-3-4. (1) The registration statement shall contain the information specified in paragraph (2) of this Code section and shall be accompanied by the documents specified in paragraph (3) of this Code section, except that the commission may by rules and regulations provide that any such information or document need not be included with respect to any subdivided land where it finds that the inclusion of such information or document is not necessary in the public interest or for the protection of the purchasers by reason of the small amount involved, the limited character of the Page 610 offering, or the registration and approval of such property under the laws of any other state. (2) Every registration statement filed pursuant to this Code section shall contain the following information: (A) With respect to the subdivider: its name, street address, form of organization, and telephone number; the state or foreign jurisdiction in which the subdivider is organized; date of organization; a statement of its authorization to do business in this state, if the subdivider is a foreign corporation; the name and address of its resident agent; the name and address of the person to whom correspondence should be addressed; the name, address, and telephone number of the person or persons who are in charge of the subdivider's sales in this state; and a statement as to where the subdivider's records are located; (B) With respect to the subdivided land: the total acreage in the subdivision as a whole, including land held for future expansion; the number of lots, parcels, or tracts included in the filing; the number of acres in the filing; the size of the smallest parcel to be offered for sale; the county and state in which the land is located; the name of the nearest incorporated town; and the route and distance from the nearest incorporated town to the land; (C) With respect to the title of the subdivided land: the name, address, and telephone number of the record titleholder; the significant terms of any encumbrances, easements, liens, and restrictions; the names and addresses of any securityholders; the total original amount, the balance owing, the terms of payment, the pay-out period, and any release clauses of any indebtedness affecting the title; and a statement of the present merchantability of the title; (D) With respect to any existing or contemplated future improvements: statements of the conditions of drainage control systems, streets, roads, sewage disposal facilities, sidewalks, electrical services, telephone Page 611 connections, water supply, gas supply, clubhouses, golf courses, and other recreational facilities; a statement as to whether any performance bonds or other obligations have been posted with any public authority to assure the completion of any improvements; a statement as to whether the county or city wherein the land lies has agreed to accept maintenance of any improvements other than recreational facilities; a statement as to whether any contracts have been made with any public utility for the installation of any improvements; a statement as to the existence or contemplated future existence of any improvement maintenance charge; and a statement as to whether all improvements promised to purchasers are included in the sales contracts; (E) The provisions of any zoning ordinances and regulations affecting the subdivided land and each lot or unit thereof; (F) A statement of all existing taxes or assessments affecting the subdivided land; (G) The terms and conditions of sales and a statement as to any sums which purchasers will be required to pay other than the actual purchase price with interest and any taxes or assessments validly imposed by governmental authority; (H) A statement as to whether the subdivision has been approved or disapproved for loans by any lending institutions or agencies; (I) The names of the governmental authorities or private entities which will provide police protection, fire protection, and garbage collection; and (J) The name and address of the person who prepared the registration statement. (3) Every registration statement filed under this Code section shall be accompanied by the following documents: Page 612 (A) A legal description of subdivided land included in the filing; (B) A general map, drawn to scale, showing the total subdivided land area and its relation to the existing streets, roads, waterways, schools, churches, shopping centers, and bus and rail transportation in the immediate vicinity and showing all lands reserved for future expansion, if any; (C) Copies of the conveyances by which the subdivider or owner acquired title to the land, with the copies bearing the public record book and page numbers; (D) Copies of all instruments presently creating liens, mortgages, encumbrances, reservations, or defects upon the use or title of the subdivided land included in the filing; (E) A copy of the title insurance policy or an attorney's title opinion for the subdivided land, issued within 30 days of the date of submission of the registration statement; (F) Copies of deed restrictions, if any; (G) A copy of the purchase agreement to be employed in the sales program; (H) A copy of the deed to be employed in the sales program; (I) Statements from the appropriate governmental agencies approving the installation of the improvements enumerated in subparagraph (D) of paragraph (2) of this Code section, including, but not limited to, a statement of approval from the state water quality control board concerning the sewage disposal facilities and siltation; (J) A statement as to how streets and other public places in the subdivided land are to be maintained; Page 613 (K) A copy of any contract or franchise with a public utility company, if any; (L) A copy of a plat of the subdivided land approved by the appropriate specified governmental agency and recorded in the appropriate specified public record book and page number; (M) Copies of any performance bonds or agreements with public authorities guaranteeing completion; (N) A copy of the proposed property report containing the information required by paragraph (4) of this Code section; (O) A phased development schedule for all improvements promised by the subdivider and not completed, showing each type of improvement and the month and year of the start of completion; (P) A performance bond or similar item meeting the requirements of paragraph (5) of this Code section; (Q) A statement by the subdivider of any additional and material facts that should be called to the attention of the commission before the registration statement is acted upon; (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; (S) A consent to service of process pursuant to Code Section 44-3-15; and (T) A statement of the terms of payment. Page 614 (4) (A) Every property report filed pursuant to this Code section shall contain the following information: (i) The name and principal address of the subdivider; (ii) The significant terms of any encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting the subdivided land and each lot or unit thereof, and a statement of all existing taxes or assessments which affect the subdivided land; (iii) A statement of the use for which the property is offered; (iv) Information concerning all usual and necessary improvements and all existing or contemplated future improvements which will be made available, including, but not limited to, any improvements depicted or represented in advertising or otherwise as being available or completed, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities, clubhouses, golf courses, and other recreational facilities and customary utilities; (v) The estimated costs, dates of completion, and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided land; (vi) Such additional information consistent with this article which the commission may require by its rules and regulations to assure full and fair disclosure to prospective purchasers; (vii) Language, substantially similar to the following, in ten-point type on the top two-thirds of the front cover of the property report: Page 615 `UNLESS YOU RECEIVED THIS PROPERTY REPORT PRIOR TO OR AT THE TIME YOU ENTER INTO A CONTRACT, YOU MAY VOID THE CONTRACT BY WRITTEN NOTICE TO THE SELLER. IF YOU RECEIVED THE PROPERTY REPORT LESS THAN 48 HOURS PRIOR TO SIGNING A CONTRACT OR AGREEMENT, YOU HAVE UNTIL MIDNIGHT OF THE SEVENTH DAY FOLLOWING THE SIGNING OF SUCH CONTRACT OR AGREEMENT TO REVOKE YOUR CONTRACT BY WRITTEN NOTICE TO THE SELLER.'; (viii) The following language overprinted in light red type over the language required in division (4)(A)(vii) of this Code section, in the style used to mark sample documents and in letters one-half inch in size with one-half inch spaces between lines: `PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING'; and (ix) The following legend on the cover page in boldface print or capital type: `THIS LAND HAS BEEN REGISTERED WITH THE GEORGIA REAL ESTATE COMMISSION. THE GEORGIA REAL ESTATE COMMISSION, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THIS LAND.' (B) The commission shall be informed by the subdivider of all material changes with respect to subdivided land then registered for sale under this article and may require that the property report be amended to reflect such material changes in accordance with paragraph (13) of this Code section. Page 616 (C) In the event the subdivider wishes to update the property report, he may do so upon proper application to the commission. (D) When the subdivider consolidates a subsequent registration with an earlier registration, the property report shall be amended in accordance with subparagraph (C) of paragraph (13) of this Code section. (E) The property report shall not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report unless specifically approved or required by the commission. (5) No subdivision shall be registered under this Code section until the subdivider first files one of the following items with the commission, which item the commission in its discretion may allow to be reduced from time to time as the improvements being bonded or guaranteed are installed: (A) A performance bond, payable to the commission and issued by an insurance or bonding company authorized to do business in this state and having given consent to have actions brought against it in this state, in such amount as the commission in its discretion may require; (B) An irrevocable letter of credit from a commercial bank or other financial institution approved by the commission, issued in favor of and payable to the commission in such amount as the commission in its discretion may require; or (C) A financial statement of the subdivider, certified by a certified public accountant, disclosing a net worth equal to at least one and one-half times the proposed development costs of the subdivision, as verified by a contractor or engineer approved by the commission, and the subdivider shall enter into an agreement, Page 617 approved by the commission, that the said net worth will be maintained until the development is completed or until the commission approves termination of the agreement. (6) Where lots or parcels within a subdivision are subject to a blanket encumbrance, the commission, in its discretion and in addition to the bond required in paragraph (5) of this Code section, may require that one of the following conditions be met: (A) Such blanket encumbrance shall contain provisions evidencing the subordination of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property; or (B) The fee title to the subdivision is placed in trust under an agreement of trust acceptable to the commission until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser. (7) A certificate of registration which has not been revoked or is not suspended shall be renewed annually on the anniversary date of the issuance of the original certificate, upon payment of the required fee. (8) The fee for filing of the initial registration application shall be established by the commission. The fee for annual renewal of a certificate of registration shall be established by the commission. There shall be no fee charged for amendments to the initial filing. (9) If the commission affirmatively determines upon inquiry and examination that the requirements of this article have been met, it shall issue a certificate of registration registering the subdivided land and shall approve the form of the property report. Page 618 (A) Except as otherwise provided in this Code section, the effective date of the registration or any amendment thereto shall be the sixtieth day after the filing of a completed application and fee or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such proper application for amendment and fee were filed. (B) If it appears to the commission that the application for registration or any amendment thereto is on its face incomplete or inaccurate in any material respect, the commission shall so advise the applicant prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the registration until the sixtieth day after the applicant files such additional information as the commission shall require. Upon denial of an application, the applicant may request a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (C) Applications for registration, for renewal of registration, and for any change of information required to be filed with the commission must be on commission approved forms. If an application is submitted on a form which is no longer in use by the commission, the commission may require the registrant or applicant to submit a new application on its latest form at no further cost to the applicant. A registrant or applicant for registration must supply all information requested on any form submitted to the commission. The commission shall return any incomplete application, any obsolete application, or any application on an unapproved form to a registrant or applicant by mail at either the address listed on the incomplete or incorrect application or to the last known business address of record in the commission's files if the incomplete or incorrect application contains no address. The registrant or applicant must correct any deficiencies noted by the commission on such application within 30 days of the commission's Page 619 mailing notice of the deficiency to the registrant or applicant. If no response is received by the commission within 30 days of the commission's mailing notice of the deficiency, the application shall be viewed as abandoned, any fee paid forfeited, and the registrant or applicant must submit a new application and fee in order to complete the transaction. (10) A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available by the subdivider and subject to inspection by the commission. The commission shall be notified of any change affecting the location of the records. (11) When a certificate of registration is granted by the commission, the subdivider shall cause a copy of the property report to be given to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by written notice to the seller until midnight of the seventh day following the signing of such contract or agreement. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within seven days following the signing of such contract or agreement. Receipts taken for any published report shall be kept on file, subject to inspection by the commission, for three years from the date the receipt is taken. If such a report is never given prior to or after the execution of any binding contract or agreement for sale, the purchaser may have rights exercisable under Code Section 44-3-11 in addition to the right of rescission given in this paragraph. (12) (A) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of purchase price outstanding at the date of the sales contract after full credit is given for down payment, and the terms of the sales contract. Page 620 (B) Every sales contract relating to the purchase of real property in a subdivision shall provide that the purchaser shall receive his warranty deed to the property, together with a copy of any purchase money deed to secure debt or purchase money mortgage, as may be specified in the sales contract, within not more than 180 days from the date of execution of the contract; provided, however, that, in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 180 days after such completion. (13) (A) Any subdivision or common promotional plan properly registered under the former provisions of this article, the `Georgia Land Sales Act of 1982' shall be deemed properly registered under this article provided the developer or subdivider has properly amended any registration statements or property reports filed under the former provisions of this article, the `Georgia Land Sales Act of 1982.' (B) The commission at any time may require a developer or subdivider to alter or supplement the form of or information contained in the property report to assure that the property report adequately and accurately discloses to prospective purchasers the material required to be disclosed by this article. The property report shall not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. The developer must make any changes in the property report which are necessary to assure its truthfulness and accuracy at all times, and those changes must be filed with the commission and approved by it prior to the developer's or the developer's agents supplying the changes to prospective purchasers. (C) When a subdivider registers additional subdivided land to be offered for sale, he may consolidate the subsequent registration with any earlier registration which offered subdivided land for sale under the same promotional plan, and the property report shall be amended to include the additional subdivided land so registered. Page 621 44-3-4. Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 shall not apply to offers or dispositions in an interest in land: (1) By a purchaser of any subdivision, lot, parcel, or unit thereof for his own account in a single or isolated transaction; (2) On which there is a commercial or industrial building, condominium, shopping center, house, or apartment house; or as to which there is a contractual obligation on the part of the subdivider to construct such a building within two years from date of disposition; or the sale or lease of which land is restricted by zoning ordinance, covenant, or other legally enforceable means to commercial or nonresidential purposes; or the sale or lease of which land is pursuant to a plan of development for commercial or nonresidential purposes; (3) As cemetery lots or interests; (4) Where the plan of sale for a subdivision is to dispose of all the interests to ten or fewer persons; (5) Where each lot, parcel, or unit being offered or disposed of in any subdivision is five acres or more in size; (6) To any person who is engaged in the business of the construction of residential, commercial, or industrial buildings for disposition; (7) Where at least 95 percent of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (8) Made pursuant to the order of any court of this state; (9) Made by or to any government or government agency; Page 622 (10) Made as evidence of indebtedness secured by way of any deed to secure debt, mortgage, or deed of trust of real estate; (11) As securities or units of interest issued by an investment trust regulated under the laws of the State of Georgia; (12) Registered under the provisions of the federal Interstate Land Sales Full Disclosure Act, provided that the commission has received prior to such offer or disposition: (A) A certificate of filing from the secretary of the Department of Housing and Urban Development; (B) A consent to service of process in accordance with Code Section 44-3-15; (C) A copy of any property report to be used in connection with the offer or disposition; (D) A filing fee as established by the commission; (E) Satisfactory compliance with the performance bond provisions of paragraph (5) of Code Section 44-3-3; and (F) Other such documents or information as the commission, by rule or regulation, may require; (13) Of lots, parcels, or units contained in a recorded subdivision plat, if all of the following conditions exist: (A) Each lot, parcel, or unit is situated on an existing paved and dedicated road or street constructed to the specifications of the board of county commissioners of the county or the governing body of the municipality, which board or governing body has voluntarily agreed to accept such road or street for maintenance and, if a waiting period is required, adequate assurances have been established with the county or municipality; Page 623 (B) The subdivision has drainage structures and fill necessary to prevent flooding, which structures and fill have been approved by the board of county commissioners of the county or the governing body of the municipality; (C) Electric power is available at or near each lot, parcel, or unit; (D) Domestic water supply and sanitary sewage disposal meeting the requirements of the applicable governmental authority are available at or near each lot, parcel, or unit; (E) The subdivider is at all times prepared to convey title to the purchaser by general warranty deed unencumbered by any mortgages, deeds to secure debt, or other liens; and (F) All promised improvements and amenities are complete; (14) Of lots, parcels, or units contained in a subdivision plat that has been accepted by the board of county commissioners and property recorded where: (A) Each lot, parcel, or unit is situated on a road dedicated or approved by the board of county commissioners and arrangements acceptable to the commission have been made for the permanent maintenance of such roads; (B) All promised improvements and amenities are complete; (C) The promotional plan of sale is directed only to bona fide residents of this state whose primary residence is or will be located in the county in which the lots are platted of record; (D) The method of sale is by cash or deed and first mortgage or deed to secure debt with all funds escrowed in this state prior to closing. Closing shall occur within Page 624 180 days after execution of the contract for purchase, at which time the purchaser shall receive a general warranty deed unencumbered by any mortgages or other liens except the mortgage or deed to secure debt given by the purchaser; and (E) The purchaser has inspected the property to be purchased prior to the execution of the purchase contract and has so certified in writing; (15) (A) The commission shall create by rule a limited offering transaction exemption that will be applicable for the sale of not more than 150 lots, parcels, units, or interest. Except as otherwise provided, any such rule shall require that the commission receive prior to any such sale: (i) A notice of intention to sell which has been executed by the applicant which sets forth the information required by the rule; (ii) A filing fee as established by the commission; (iii) A consent to service of process in the form prescribed by Code Section 44-3-15 which has been executed by the applicant; and (iv) Such information and proof of financial responsibility as the commission may by rule or regulation require. (B) The commission shall issue to the person who executed the notice of intention to sell a certificate which shall state the compliance or noncompliance with the filing requirements of this Code section. (C) If any sale is to be made pursuant to this exemption more than 12 months after the date on which the commission issues a certificate under this Code section, such action shall require the applicant to pay a renewal fee as established by the commission. The applicant shall be required to comply with this renewal Page 625 requirement every 12 months so long as the offering shall continue in this state. Upon any renewal, the commission shall issue a certificate which shall be signed and sealed and which shall state the compliance or non-compliance with the renewal requirements of this Code section; or (16) Where no representations, promises, or agreements are made that any improvements or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser. 44-3-4.1. The commission shall establish reasonable fees for registration; on-site inspection and application investigation, if necessary; and annual renewal fees for subdivisions and common promotional plans required to be filed under this article. The commission is authorized to establish through its rule-making authority the amount of any fees which it is authorized by this article to charge and collect. All fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged and collected by the commission shall approximate the total of direct and indirect costs to the state of the enforcement of this article. The commission shall consider the costs incurred to regulate the activities of each category of registrants in establishing their respective fees. The expenses of the commission must always be kept within the income collected and deposited in accordance with this article and the expenses thereof shall not be supported or paid from any other state fund. No fees or portion of a fee required under this article which is paid to the commission shall be refunded. 44-3-5. (a) The commission may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44-3-13, if it finds that the order is in the public interest and that: (1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated Page 626 therein or necessary to make the statements therein not misleading; (2) Any property report used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; (3) Any provision of this article or any rule, order, or condition lawfully imposed under this article has been willfully violated in connection with the offering by (A) the person filing the registration statement, or (B) the subdivider; any partner, executive officer, or director of the subdivider; or any person occupying a similar status or performing similar functions, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the subdivider; (4) The offering has worked or tended to work a fraud upon purchasers or would so operate; or (5) The developer or the developer's agents, while engaging in the offer to sell or the sale of subdivided land within or from this state, have willfully failed to obtain real estate licenses if required by applicable statutes. (b) The commission may by order summarily postpone or suspend the effectiveness of the registration statement pending final determination of any proceeding under this Code section. Upon entry of the order, the commission shall promptly notify, by telephone or telegraph, the subdivider that the order has been entered, of the reasons therefor, and that, within 15 days after the receipt of a written request, the matter will be set down for hearing. If no hearing is requested and none is ordered by the commission, the order will remain in effect until it is modified or vacated by the commission. If a hearing is requested or ordered, the commission, after notice of an opportunity for hearing to the subdivider, may modify or vacate the order or extend it until final determination. (c) No stop order issued under any part of this Code section, except the first sentence of subsection (b) of this Code section, Page 627 shall become effective until and unless the commission has complied with the provisions of Code Section 44-3-13. (d) The commission may vacate or modify a stop order if it finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so. 44-3-6. (a) The administration of the provisions of this article shall be vested in the commission and the real estate commissioner as delegated by the commission. The commission shall have the full power to regulate the registration of any subdivision or common promotional plan and to revoke, impose a civil penalty, suspend, or reprimand the registration of same. (b) The commission shall have the authority to administer oaths in and to prescribe forms for all matters arising under this article. The commission shall cooperate with the administrators of the land sales laws of other states and of the United States with a view to assisting those administrators in the enforcement of their land sales laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The commission shall have authority to employ investigators, examiners, clerks, stenographers, and other employees as the administration of that portion of this article vested in it may require. (d) The commission shall have the power to make, adopt, amend, and repeal such rules and regulations from time to time as it may deem necessary and proper for the enforcement of this article. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50. (e) The members of the commission and any person employed by the commission shall be paid in addition to their regular compensation the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by them in the performance of their duties under this article. Page 628 (f) The commission shall delegate such of its powers and duties under this article to the real estate commissioner as it desires. (g) The commission is authorized to participate in the program of Certification of Substantially Equivalent State Law pursuant to the federal Interstate Land Sales Full Disclosure Act if it deems participation to be in the public interest of the State of Georgia. 44-3-7. (a) The commission, at its discretion: (1) May make such public or private investigations within or outside this state as it deems necessary to determine whether any person has violated or is about to violate any provision of this article or any rule, regulation, or order under this article, or to aid in the enforcement of this article or in the prescribing of rules and regulations under this article; (2) May in connection with any application or exemption make an on-site inspection of a subdivision; (3) May make an annual on-site reinspection of each subdivision registered or exempted under this article; (4) May require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all the facts and circumstances concerning the matter to be investigated; (5) May require an applicant for registration to submit reports prepared by competent engineers as to any hazard to which, in the opinion of the commission, any subdivision offered for sale in this state is subject or as to any factor which affects the utility of lots or parcels within the subdivision; and (6) May publish information concerning any violation of this article or any rule, regulation, or order under this article. Page 629 (b) For the purpose of conducting any investigation as provided in this Code section, the commission shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the real estate commissioner or chairperson of the commission is authorized to issue a subpoena for any witness or a subpoena or notice to produce evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the commission. (c) In case of refusal to obey a subpoena issued under any Code section of this article to any person, a superior court of appropriate jurisdiction upon application by the commission may issue to the person an order requiring that person to appear before the court to show cause why that person should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) (1) The commission may, with the approval of the Attorney General, issue to any person who has been or may be called to a hearing or other proceeding under this article a written order requiring the individual to give testimony or provide other information which that person refuses to give or provide on the basis of that person's privilege against self-incrimination. Such order shall be issued only if the commission shall find that: (A) The testimony or other information from such individual may be in the public interest; and (B) Such individual has refused or is likely to refuse to testify or provide other information on the basis of that individual's privilege against self-incrimination. (2) Whenever any witness refuses, on the basis of that witness's privilege against self-incrimination, to testify or provide other information at any hearing or other proceeding Page 630 under this article, and the person presiding over the proceeding delivers to the witness a written order issued under paragraph (1) of this subsection, the witness may not refuse to comply with the order on the basis of that witness's privilege against self-incrimination; but no testimony or other information compelled under the order as to which the witness could validly assert that witness's privilege against self-incrimination or any information directly or indirectly derived from such testimony or other information may be used against the witness in any criminal case, except a prosecution for perjury, false swearing, giving a false statement to the commission pursuant to this article, or otherwise failing to comply with the order. (e) In addition to any other hearings and investigations which the commission is authorized or required by this article to hold, the commission is also authorized to hold investigative hearings on its own motion with respect to any matter under this article. An investigative hearing as provided for in this article may be conducted by any person designated by the commission for that purpose and may, but need not be, transcribed by the commission or by any other interested party. No formal action may be taken as a result of such investigative hearing, but the commission may take such action as it deems appropriate, based on the information developed in the hearing and on any other information which it may have. 44-3-8. (a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of Code Section 44-3-3 or any rule, regulation, or order promulgated by the commission under any provision of this article; (2) To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made in the light of the circumstances under which they are made not misleading, the purchaser not knowing of the untruth or omission, if such person shall not sustain the burden of proof that such person did not know and, in the exercise of reasonable care, could not known of the untruth or omission; or Page 631 (3) To offer to sell or to sell any subdivided land registered under Code Section 44-3-3 by means of any property report except a property report which complies with paragraph (4) of Code Section 44-3-3. (b) It shall be unlawful for any person to make to any prospective purchaser any representation that the filing or effectiveness of a registration statement, the registration of any subdivided land under Code Section 44-3-3, or the existence of any exemption for any land means that the commission has passed in any way upon the truth, completeness, or accuracy of such registration statement, upon the merits of such land, or has recommended or given approval to such land or transaction. (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the commission or in any proceeding under this article, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) It shall be unlawful for any person in connection with the offer, sale, or purchase of any subdivided land, directly or indirectly: (1) To employ any device, scheme, or artifice to defraud; or (2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller. 44-3-8.1. The commission may deny any application for registration or reprimand, suspend, impose a civil penalty, or revoke the registration of a subdivision or common promotional plan if the developer, the developer's agent, or, in the case of a corporate registrant or applicant, its officers, directors, or principals: (1) Do not bear a good reputation for honesty, trust-worthiness, integrity, and competence and, where the developer is a corporation or partnership, only if the stockholders or partners who have a controlling interest Page 632 therein do not bear a good reputation for honesty, trustworthiness, and integrity; (2) Submit an incomplete application for registration required in Code Section 44-3-3 or have made a false statement of material fact on the application or caused to be submitted or by being a party to preparing or submitting any falsified application to the commission; (3) Have been convicted of or have had criminal penalties imposed as a result of a plea of nolo contendere to charges of any crime involving land dispositions, any crime of moral turpitude, any felony, any violation of securities laws, any fraudulent business activities, or any requirement of this article or any similar laws of the United States or any other state or foreign country, or have been subject to any injunction or administrative order within the past ten years restraining a false or misleading promotional plan involving any of the activities above; (4) Have had a sanction other than a reprimand imposed against any real estate license; (5) Do not own the subdivision or common promotional plan; (6) Have been involved with any time-share program, subdivision, or common promotional plan whose registration has been disciplined by a regulatory agency in this state or any other state; or (7) Fail to utilize properly licensed real estate brokers as sales agents if required by Chapter 40 of Title 43. 44-3-9. (a) Whenever it appears to the commission, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article or by any rule, regulation, or order of the commission promulgated or issued pursuant to any Code section, the commission may in its discretion act under any or all of the following paragraphs: Page 633 (1) Issue an order, if it deems it to be appropriate in the public interest or for the protection of purchasers, prohibiting such persons from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-13 of this article; (2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may at that person's discretion institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the commission may apply for and be entitled to have issued the court's subpoena requiring: (1) The immediate appearance of any defendant and that defendant's agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant. (c) In any criminal proceeding, either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring: Page 634 (1) The appearance forthwith of any defendant or that defendant's agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings. (d) Any owner or subdivider who fails to pay, when due, the registration and inspection fees stated by this article and continues to sell or offers to sell subdivided land shall be liable, in an action brought by the commission, for a penalty in an amount equal to treble the unpaid fees. 44-3-10. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. (b) Any person who shall willfully violate paragraph (2) of subsection (a) of Code Section 44-3-8 or subsection (d) of Code Section 44-3-8 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both. (c) Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law. (d) Nothing in this article shall be deemed to prohibit the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10 from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person. 44-3-11. (a) Any person who violates any provision of Code Section 44-3-8 shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if that buyer no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the consideration paid, or the fair value thereof at the time the consideration was paid if such consideration Page 635 was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees. (b) Every person who directly or indirectly controls a person liable under subsection (a) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every person who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) of this Code section unless the person whose liability arises under the provisions of this subsection sustains the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable. (c) No person may bring an action under this Code section more than two years from the date of the contract for sale or sale if there is no contract for sale. (d) Every cause of action under this article survives the death of any person who might have been a plaintiff or defendant. (e) Nothing in this article shall limit any statutory or common-law right of any person in any court for any act involving the sale of land. (f) The owner, publisher, licensee, or operator of any newspaper, magazine, visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, publisher, licensee, or operator of such a newspaper, magazine, station or network of stations shall not be liable under this article for any advertising of any subdivision, lot, parcel, or unit in any subdivision carried in any such newspaper or magazine or by any such visual or sound radio broadcasting station or network of stations, nor shall any of them be liable under this article for the contents of any such advertisement, Page 636 unless the owner, publisher, licensee, or operator has actual knowledge of the falsity thereof. 44-3-12. For the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regulation, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article, in the county of any violator's principal place of business, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation. 44-3-13. Where the commission has issued any order under Code Section 44-3-5 or 44-3-9, it shall promptly provide to each subdivider or other person directly affected thereby and any person named in the order as a party a notice of opportunity for hearing. After taking any action pursuant to Code Section 44-3-8.1, the commission shall promptly provide to each subdivider or other person directly affected thereby a notice of opportunity for hearing. Notices under this Code section shall contain the information and be transmitted as required by Code Section 50-13-13 and hearings upon decisions of the commission and judicial reviews of these decisions shall be made in accordance with the procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 44-3-13.1. The commission may reprimand, suspend, or revoke the registration of any subdivision or common promotional plan or impose a civil penalty not to exceed $10,000.00 if the developer or the developer's agent has been found guilty of a violation of any of the provisions of this article or the rules and regulations of the commission promulgated pursuant to this article. 44-3-13.2. (a) The commission may, upon its own motion, and shall, upon the sworn written request of any person, investigate any subdivision or common promotional plan required to be registered under this article. Any person authorized to conduct an investigation on behalf on the commission shall have access to and may examine any writings, documents, Page 637 or other material which may be related to an investigation made upon the order of the commission. In the conduct of an authorized investigation, the commissioner or chairperson of the commission may issue subpoenas to compel such production of such writings, documents, or material either on behalf of the commission or, after the service of a notice of hearing, at the request of a respondent. The commission or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. (b) The results of all investigations shall be reported only to the commission or to the commissioner and the records of such investigations shall be kept by the commission, and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, a review by the respondent or the respondent's legal counsel after the service of a notice of hearing, a review by the commission's legal counsel, a review by another governmental agency, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. 44-3-13.3. The commission may issue a cease and desist order if a developer has failed to register a subdivision or common promotional plan as required by this article. 44-3-14. Any developer or its agents shall keep among its business records and make reasonably available for examination to the commission or its authorized agents the following: (1) A copy of each item required to be submitted to the commission on the application for registration as provided in Code Section 44-3-3; and (2) A copy of the sales agreement from each sale relating to the purchase of real property in a subdivision. 44-3-15. Where a consent to service of process is required under this article, such consent to service of process shall be in the form prescribed by the commission, shall be irrevocable, Page 638 and shall provide that actions arising out of or founded upon the sale of any subdivided land in violation of this article may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the commission. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the commission shall, if made on the commission, be by duplicate copies, one of which shall be filed in the office of the commission and the other shall immediately be forwarded by the commission by certified mail to the person against whom such process or pleadings are directed at that person's latest address on file in the office of the commission. 44-3-16. Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: (1) Compliance with any provision of this article or of the rules and regulations promulgated under this article; (2) Any rights provided by this article or by the rules and regulations promulgated under this article; or (3) Any defenses arising under this article of under the rules and regulations promulgated under this article shall be void. 44-3-17. For any action taken or any proceeding had under the provisions of this article or under color of the law, the commissioner and the commission shall be immune from liability and actions to the same extent that any judge of any court of general jurisdiction in this state would be immune. 44-3-18. (a) In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense. (b) In any action, civil or criminal, a certificate signed and sealed by the commission stating compliance or noncompliance with the provisions of this article shall constitute prima-facie Page 639 evidence of such compliance or noncompliance with the provisions of this article and shall be admissible in any such action. (c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the commission, of any documents filed in its office and of any of its records shall be admissible with the same effect as the original of such documents or records would have if actually produced. 44-3-19. (a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1990, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, within two years of July 1, 1990. (b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this article had not been passed. They are considered to have been filed, entered, or imposed under this article but are governed by prior law. Renewals and consolidations of effective registrations under prior law which are filed after July 1, 1990, shall be governed by the provisions of this article and not by prior law. (c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1990, are governed by Code Section 44-3-13, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, by September 1, 1990. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 640 CONTROLLED SUBSTANCES AND DANGEROUS DRUGSLISTING. Code Sections 16-13-25 and 16-13-71 Amended. No. 1163 (House Bill No. 1377). 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 listing of controlled substances and dangerous drugs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule 1 controlled substances, a new subparagraph to read as follows: (UU) 1-(1-(2-thienyl)cyclohexy)pyrrolidine;. Section 2 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, defining dangerous drugs, the following paragraphs: (152) Cefazolin; (152.01) Cefonicid; (153) Cefoxitin; (153.01) Ceftazidine; (153.1) Ceftizoxime; (153.2) Ceftriaxone sodium;, Page 641 and inserting in the appropriate positions in said subsection (b) the following paragraphs: (13.6) Adenosine; (142.5) Carboplatin; (151.3) Cefazolin; (151.6) Cefixime; (151.8) Cefonicid; (152.9) Cefoxitin; (153.1) Cefpiramide sodium; (153.4) Ceftazidine; (153.6) Ceftizoxime; (153.8) Ceftriaxone sodium; (206.5) Clozapine; (402.5) Flutamide; (411.5) Ganciclovir sodium; (550.5) Mefloguine HCL; (663.5) Omeprazole; (788.5) Propafenone HCL; (793.5) Propofol; (852.6) Selegiline HCL;. Section 3 . Said chapter is further amended by adding after paragraph (11.1) of subsection (c) of Code Section 16-13-71, defining dangerous drugs, the following paragraph: Page 642 (11.6) Imodium A-D 2mg caplets. 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, 1990. GUARDIAN AND WARDDISPUTED CLAIMS; STRUCTURED SETTLEMENTS. Code Section 29-2-16 Amended. No. 1164 (House Bill No. 1390). AN ACT To amend Code Section 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, so as to provide that probate judges shall be authorized to approve structured settlements entered into by a guardian on behalf of his ward; 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 29-2-16 of the Official Code of Georgia Annotated, relating to the power of a guardian to compromise contested or doubtful claims, is amended by designating the existing text of said Code section as subsection (a) and by adding a new subsection (b) to read as follows: (b) If an order of approval is obtained from the judge of the probate court based upon the best interest of the ward, the guardian is authorized to compromise any contested or Page 643 doubtful claim in favor of the ward he represents without receiving the consideration for such compromise as a lump sum. Without limiting the foregoing, such compromise may be in exchange for an arrangement which defers receipt of part or all of the consideration for the compromise until after the ward reaches majority, and may involve a structured settlement or creation of a trust on such terms as the court approves. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. ELECTIONSSOIL AND WATER CONSERVATION DISTRICT SUPERVISORS EXEMPTED FROM FILING CAMPAIGN CONTRIBUTION DISCLOSURE REPORTS. Code Section 21-5-34 Amended. No. 1165 (House Bill No. 1465). AN ACT To amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that elected soil and water conservation district supervisors shall not be required to file campaign contribution disclosure reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, is amended by adding at the end thereof a new subsection to be designated subsection (j) to read as follows: Page 644 (j) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the `Soil and Water Conservation Districts Law' shall not be required to file campaign contribution disclosure reports under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. REAL ESTATE BROKERSOCCUPATIONAL TAX. Code Sections 48-13-6 and 48-13-17 Amended. No. 1166 (House Bill No. 1608). 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 clarify the authority of municipalities and counties to levy occupation taxes on real estate brokers; to authorize municipalities and counties to prosecute and to issue executions against persons who fail to pay special taxes, occupation taxes, or license fees; to repeal conflicting laws; and for other purposes. 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 Code Section 48-13-6, relating to occupation taxes on real estate brokers, in its entirety and substituting in lieu thereof a new Code Section 48-13-6 to read as follows: 48-13-6. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional Page 645 tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county. Section 2 . Said chapter is further amended by striking Code Section 48-13-17, relating to the issuance of executions against delinquent taxpayers, in its entirety and inserting in lieu thereof the following: 48-13-17. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due. (b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent Page 646 taxpayers as authorized by subsection (a) of this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. INDEMNIFICATION OF EMERGENCY MEDICAL TECHNICIANS. Code Section 45-9-81 Amended. No. 1167 (House Bill No. 1630). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to change a certain definition; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking in their entirety subparagraphs (A) and (B) of paragraph (4) and inserting in lieu thereof new subparagraphs (A) and (B) to read as follows: (A) With respect to an emergency medical technician, while on duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; Page 647 (B) With respect to a fireman, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and 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 March 30, 1990. LIQUIFIED PETROLEUM GASONE-TIME FEE FOR LICENSEE OR PERMITTEE FOR SALE OR STORAGE. Code Sections 10-1-266 and 10-1-269 Amended. No. 1168 (House Bill No. 1644). AN ACT To amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, so as to provide for a one-time fee for licenses or permits; to provide for the application of the one-time fee to licensees or permittees having paid an annual fee for the current year; to delete a reference to annual license fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale and storage of liquified petroleum gas, is amended by striking Code Section 10-1-266, relating to the issuance of and annual fees for licenses and Page 648 permits, in its entirety and inserting in its place a new Code Section 10-1-266 to read as follows: 10-1-266. The state fire marshal is authorized and empowered to issue a license or permit to such person, firm, or corporation qualifying under the terms of this article and such rules and regulations as may be adopted by the state fire marshal. For such license or permit issued on or after July 1, 1990, a one-time fee of not less than $100.00 nor more than $500.00 shall be charged, on a graduated capacity scale for each installation of such person, firm, or corporation doing business in Georgia. All fees, assessments, and collections made by the state fire marshal shall be paid into the general fund of the state treasury. The license or permit of any licensee or permittee who had paid an annual license or permit fee on or after January 1, 1990, but prior to July 1, 1990, shall be valid for the remainder of the period of time covered by such payment and, upon the expiration of such period of time, the licensee or permittee shall become subject to the one-time fee requirement provided in this subsection. Section 2 . Said article is further amended by striking paragraph (1) of Code Section 10-1-269, relating to the suspension or revocation of licenses or the imposition of penalties by the state fire marshal, in its entirety and inserting in its place a new paragraph (1) to read as follows: (1) That the licensee has failed to pay the license fee or any fee required under this article or any penalty imposed under the article; or. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. Page 649 MOTOR VEHICLE SAFETY RESPONSIBILITY ACTHABITUAL VIOLATORS. Code Section 40-9-2 Amended. No. 1169 (House Bill No. 1677). AN ACT To amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the Motor Vehicle Safety Responsibility Act, so as to change the definition of financial responsibility as it applies to habitual violators; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the Motor Vehicle Safety Responsibility Act, is amended by striking paragraph (5) of Code Section 40-9-2 relating to the definition of proof of financial responsibility, in it entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Proof of financial responsibility' means: (A) Proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $15,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident; (B) In the case of any person applying for or operating under a probationary driver's license issued pursuant to Code Section 40-5-58, proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $25,000.00 because of bodily injury to or death of one person Page 650 in any one accident, and subject to said limit for one person, in the amount of $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000.00 because of injury to or destruction of property of others in any one accident; or (C) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000.00 per injured person in compliance with Chapter 34 of Title 33, the `Georgia Motor Vehicle Accident Reparations Act.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. REAL ESTATE BROKERS AND SALESPERSONSLICENSES. Code Title 43, Chapter 40 Amended. No. 1170 (House Bill No. 1679). 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 a new requirement for the reinstatement of a salesperson's license; to define certain terms; to authorize the refusal of a license or the imposition of a sanction with respect to an applicant or licensee found guilty of a violation of state or federal fair housing laws; to revise provisions relative to certain violations by real estate licensees, schools, or instructors; to provide that a cease and desist order of the Georgia Real Estate Commission shall be final after a certain time period has elapsed unless a hearing is requested; to provide for other matters relative to the foregoing; to provide an effective date and conditions relative thereto; to repeal conflicting laws; and for other purposes. Page 651 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 in its entirety paragraph (10) of Code Section 43-40-1, relating to definitions, which reads as follows: (10) `Subdivider' means any person who causes land to be subdivided into a subdivision for himself or others or who undertakes to develop a subdivision but it does not include a public agency or officer authorized by law to create subdivisions. Section 2 . Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Section 43-40-8, relating to the qualifications of real estate licensees, and inserting in its place a new paragraph (2) to read as follows: (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section and must complete the Sales III course before making application to reinstate such license. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-40-9, relating to nonresident real estate licenses, a new subsection (1) to read as follows: (1) As used in this Code section, the term `state' means any state, district, territory, possession, or province of the United States or Canada. Section 4 . Said chapter is further amended by striking Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, in its entirety and inserting in its place a new Code Section 43-40-15 to read as follows: 43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only Page 652 after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation or partnership if a stockholder or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate. (b) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. As used in this Code section, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this Code section, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for licensure has been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if: (1) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (2) No criminal charges are pending against the applicant; and Page 653 (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, an competence to transact the business of a licensee in such manner as to safeguard the interest of the public. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or the state fair housing law by an administrative law judge or a court of conpetent jurisdiction and after any appeal of such conviction concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permited by this chapter. (d) Where an applicant or licensee has made a false statement of material fact on his application or caused to be submited or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be sufficient ground for the refusal, suspension, or revocation of the license. (e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c) and (d) of this Code section which relates to the denial of a reestate license to an applicant shall also be grounds for impostion of any sanction permitted by this chapter when the conduct is that of a licensee. (g) If a licensee: (1) Voluntarily surrenders his license to the commission; (2) Allows his license to lapse due to failure to meet educational requirements provided by law; or (3) Allows his license to lapse due to failure to pay any required fees Page 654 after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. (h) Where an applicant for a salesperson's, associate broker's, or broker's license has been sanctioned by the commission or by a similar commission of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate broker or a broker who has had a license revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed by the commission as an associate broker or a broker only if: (1) At least ten years have passed since the date that the applicant's occupational license was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (i) 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 Page 655 may impose upon that licensee any sanction permitted by this chapter. Section 5 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (1) to read as follows: (1) Because of race, color, religion, sex, handicap, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; Section 6 . Said chapter is further amended by striking paragraph (15) of subsection (a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (15) to read as follows: Page 656 (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or pruchase price is an appraisal unless such licensee holds a registration, license, or certification as an appraiser in accordance with Chapter 39A of this title; Section 7 . Said chapter is further amended by striking paragraph (17) of subsection (a) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, and inserting in its place a new paragraph (17) to read as follows: (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured 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: (A) 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; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; Section 8 . Said chapter is further amended by adding following subsection (b) of Code Section 43-40-25, relating to violations of said chapter by real estate licensees, schools, and instructors generally, new subsections (c) and (d) to read as follows: (c) Whenever a licensee acts in a real estate transaction as a principal or as an officer or employee of a corporation or partnership or any other entity acting as a principal, the commission Page 657 may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. (d) Whenever a salesperson or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such salesperson or associate broker. Section 9 . Said chapter is further amended by striking subsection (c) of Code Section 43-40-30, relating to acting without a real estate license and the issuance of cease and desist orders by the Georgia Real Estate Commission, and inserting in its place a new subsection (c) to read as follows: (c) Notwithstanding any other provisions of law to the contrary, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the commission. Section 10 . (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1990. (b) Section 6 of this Act shall become effective on July 1, 1990, but only if SB 250 of the 1990 regular session of the General Assembly which enacts Chapter 39A of Title 43 and which relates Page 658 to real estate appraisers is passed by the General Assembly and is approved by the Governor or becomes law without such approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1990. AUGUSTA-RICHMOND COUNTY COMMISSION ON DISADVANTAGED YOUTH. No. 65 (House Resolution No. 639). A RESOLUTION Re-creating the Augusta-Richmond County Commission on Disadvantaged Youth; and for other purposes. WHEREAS, unemployment is a massive problem which affects our entire society but is particularly serious in that it most heavily impacts disadvantaged teenagers and young people; and WHEREAS, it is particularly important that solutions be sought for the problem of unemployment as it relates to such disadvantaged teenagers and young people, who are the most important resource of our state and nation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Augusta-Richmond County Commission on Disadvantaged Youth is re-created. The commission shall be composed of 21 members as follows: (1) Three members shall be appointed from community based service organizations; (2) Three members shall be appointed from the religious community; Page 659 (3) Four members shall be appointed from the chambers of commerce of Richmond County and the City of Augusta; (4) Two members shall be appointed from the board of education of Richmond County; (5) Two members shall be appointed from the city council of the City of Augusta; (6) Two members shall be appointed from the board of commissioners of Richmond County; (7) Three members shall be appointed from the community at large; and (8) Two members shall be appointed from the Richmond County legislative delegation. All appointments shall be made by majority vote of the members of the Richmond County House delegation to be confirmed by both Senators from Richmond County. BE IT FURTHER RESOLVED that all members of the commission shall be appointed by May 1, 1990. The organizational meeting of the commission shall be held at the call of the members who serve in the General Assembly. At the organizational meeting the commission shall elect from its own membership a chairman and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties. The commission may hire staff and purchase services as their resources allow. BE IT FURTHER RESOLVED that the commission shall be authorized to: study the underlying causes of minority youth unemployment; develop ways and means to reduce disadvantaged youth unemployment in Richmond County; create a joint partnership between the public and private sectors in examining the current unemployment environment; foster a better understanding Page 660 between the employing community and minority youth; prepare and disseminate information concerning employment opportunities in the C.S.R.A.; examine future job needs and assist with establishing job and data banks; create job opportunities for disadvantaged youth; develop a closer working relationship between those who provide jobs and those youth seeking job opportunities; seek to provide job opportunities for college bound youths and youths returning home from college; develop incentives to retain young people in the Richmond County area; and train youth in the art of entrepreneurship and the value of our economic system. BE IT FURTHER RESOLVED that the city council of the City of Augusta, the board of commissioners of Richmond County, and the board of education of Richmond County are encouraged to work with the commission in any way possible. The C.S.R.A. (J.T.P.A.) consortium is encouraged to participate through training, funding, and support in ways that will enhance the goals and objectives of the commission. BE IT FURTHER RESOLVED that the commission may make such recommendations as it deems necessary to further the aims and objectives of its purposes. The commission shall issue written reports of the progress of its efforts to the members of the Richmond County legislative delegation on a quarterly basis. BE IT FURTHER RESOLVED that the commission shall stand abolished on January 1, 1991, and this resolution shall stand repealed in its entirety on January 1, 1991. Approved March 30, 1990. Page 661 DEPARTMENT OF NATURAL RESOURCESTEMPORARILY RESTRAIN FROM PROMULGATING RULES. No. 66 (Senate Resolution No. 432). A RESOLUTION Providing that the Department of Natural Resources should not promulgate certain requirements applicable to gasoline service stations until such time as amendments to the Federal Clean Air Act have been finalized by Congress; to provide an effective date; and for other purposes. WHEREAS, pursuant to Chapter 9 of Title 12 of the O.C.G.A., The Georgia Air Quality Act of 1978, the Department of Natural Resources has responsibility for developing plans to assure that all areas of Georgia attain and stay in compliance with state and federal standards for ambient air quality; and WHEREAS, the Department of Natural Resources is in the process of developing a plan for assuring that the Atlanta metropolitan area attains the state and federal air quality standards for ozone; and WHEREAS, the Department of Natural Resources has proposed to require gasoline service stations in certain portions of the Atlanta metropolitan area to install certain controls (hereinafter called Stage II controls) which may assist in reducing the amount of fuel vapors that escape into the atmosphere as vehicles are refueled possibly contributing to the formation of ozone; and WHEREAS, Stage II controls have been shown in other parts of the United States to be of questionable environmental value and to have high costs for the owners of the gasoline service stations; and WHEREAS, the United States Congress is currently in the process of amending the Federal Clean Air Act including amendments to deal more effectively with the national problems of attaining the ozone air quality standards; and Page 662 WHEREAS, such amendments to the Federal Clean Air Act may affect the Department of Natural Resources's proposed implementation plan for ozone controls in such a way as to make Stage II controls unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources should not promulgate any rules or regulations requiring the installation of State II controls by gasoline service stations until such time as mandated by the United States Congress or the Environmental Protection Agency. BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved March 30, 1990. STATE GOVERNMENTREAL PROPERTY INVENTORY; RECORDING. Code Section 50-16-122 Amended. No. 1171 (Senate Bill No. 707). AN ACT To amend Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, so as to change the time and requirements of recording certain state real property acquisition and disposition instruments and plats with the State Properties Commission; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 663 Section 1 . Part 1 of Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the state's inventory of real property, is amended by striking in its entirety Code Section 50-16-122, relating to requirements for real property acquired or disposed of by the state and the filing of conveyances with the State Properties Commission, and inserting in lieu thereof a new Code Section 50-16-122 to read as follows: 50-16-122. (a) As used in this Code section, the term: (1) `Real property' means any real property owned by the state and under the custody of any state official, department, board, bureau, commission, or other state agency, except public road, street, and highway rights of way and other real property held by the Department of Transportation pursuant to Ga. L. 1919, p. 242, art. 5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. Also expressly excluded from the meaning of `real property,' as used in this Code section, is all real property held by the Board of Regents of the University System of Georgia and owned by the following public corporations: the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll IslandState Park Authority, and the Stone Mountain Memorial Association. (2) `Department' means any state official, department, board, bureau, commission, or other state agency having custody of state owned real property. (b) All real property, the ownership of which is either acquired or disposed of by the state or any department thereof after the effective date of this Code section, shall be subject to the following requirements: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof, the title to all real property acquired shall be in the name of the Page 664 state; but the conveyance shall have written or printed thereon in the upper right-hand corner of the initial page thereof the name of the department for which acquired who is the custodian thereof; (2) The original of any conveyance acquiring real property shall be filed in the office of the State Properties Commission within 30 days after being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the recorded plat of the real property conveyed. The State Properties Commission shall index and affix both the commission's stamp and the assigned real property inventory number on the recorded original of the conveyance and all copies of the recorded plat and shall retain the recorded original of the conveyance and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the recorded original of the conveyance shall be produced by the State Properties Commission and, along with a copy of the recorded plat, forwarded by such commission to the department acquiring the real property; (3) When real property is acquired by eminent domain and is conveyed to the state by court order or judgment, following recording of the court order or judgment in the deed book records in the office of the clerk of the superior court of the county or counties wherein the real property is located, a certified copy of the recorded court order or judgment, along with four copies of the recorded plat of the real property conveyed, shall be filed in the office of the State Properties Commission. The State Properties Commission shall index and affix both the commission's stamp and the assigned real property inventory number on the certified copy of the recorded court order or judgment and all copies of the recorded plat and shall retain the certified copy and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the certified copy of the recorded court order or judgment shall be produced by the State Properties Commission and, along with a copy of the recorded plat, Page 665 forwarded by such commission to the department acquiring the real property; (4) (A) The original of any fully executed conveyance disposing of real property, except an Act or Resolution Act of the General Assembly, shall be filed in the office of the State Properties Commission before being delivered to the purchaser thereof for recording in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the plat of the real property conveyed. Though it is encouraged, it is not required that the plat be either already recorded in or eligible to be recorded in the plat book records in the office of the clerk of the superior court of the county or counties wherein the real property is located. The commission shall index and affix both the commission's stamp and the assigned real property inventory number on the original of the conveyance and all copies of the plat. The State Properties Commission shall then cause the conveyance to be duplicated. The duplicate of the conveyance and two copies of the plat shall be retained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission. The original of the conveyance and a copy of the plat shall be delivered to the purchaser of the real property. Upon receiving the original of the conveyance and a copy of the plat, the purchaser of the real property may then have the original of the conveyance and, if necessary and eligible for recording, the copy of the plat recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. (B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or Resolution Act, authorizing or directing a disposition of real property; and (5) When real property is conveyed by an Act or Resolution Act of the General Assembly, the State Properties Page 666 Commission shall obtain from the office of the Secretary of State a certified copy of the Act or Resolution Act and retain the same as a part of the permanent real property inventory records kept by such commission. As a part of such retention, the State Properties Commission shall index and affix both the commission's stamp and the assigned real property inventory number on the certified copy of the Act or Resolution Act. (c) The documents which are required to be maintained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission, as provided by paragraphs (2) through (5) of subsection (b) of this Code section, shall be used by the State Properties Commission in such manner as it shall determine best in maintaining the real property inventory. 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, 1990. Page 667 GEORGIA TRANSFERS TO MINORS ACT. Code Title 44, Chapter 5, Article 5 Amended. Code Sections 53-12-3 and 53-15-3 Amended. No. 1181 (House Bill No. 256). AN ACT To amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, and to amend Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property, and to amend Code Section 53-15-3 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to conform Georgia law more nearly to the Uniform Transfers to Minors Act; to provide for a short title; to provide for definitions; to provide for scope and jurisdiction; to provide for nomination of custodians; to provide for transfers by gift or exercise of power of appointment; to provide for transfers authorized by wills or trusts; to provide for other transfers by fiduciaries; to provide for transfers by obligors; to provide for receipts for custodial property; to provide for the manner of creating custodial property and effecting transfers; to provide for designation of initial custodians; to provide for control; to provide for single custodianships; to provide for validity and effect of transfers; to provide for care of custodial property; to provide for powers of custodians; to provide for use of custodial property; to provide for custodian's expenses, compensation, and bonds; to provide for exemption of third persons from liability; to provide for liability to third persons; to provide for renunciation, resignation, death, or removal of custodians; to provide for designation of successor custodians; to provide for accounting by and determination of liability of custodians; to provide for termination of custodianship; to provide for effect on existing custodianships; to provide for uniformity of application and construction; to expand the types of transfers that may be made to custodianships; to expand the types of property that may be transferred to custodianships; to include the power to make transfers from estates and trusts among the fiduciary powers that may be incorporated by reference; to provide an effective date; to Page 668 provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking Article 5, known as The Georgia Gift to Minors Act, and inserting in lieu thereof a new Article 5 to read as follows: ARTICLE 5 44-5-110. This article shall be known and may be cited as `The Georgia Transfers to Minors Act.' 44-5-111. As used in this article, the term: (1) `Adult' means an individual who has attained the age of 21 years. (2) `Benefit plan' means an employer's plan for the benefit of an employee or partner or an individual retirement account. (3) `Broker' means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (4) `Court' means the probate court in the county where the minor resides, or, if the minor is not a resident of this state, the probate court in the county where the custodian resides or has his principal place of business or where the custodial property is located. (5) `Custodial property' means any interest in property transferred to a custodian under the authority of this article and the income from and proceeds of that interest in property. Page 669 (6) `Custodian' means a person so designated under Code Section 44-5-119 or a successor or substitute custodian designated under Code Section 44-5-128. (7) `Financial institution' means a bank, trust company, national banking association, industrial bank, savings institution, or credit union chartered and supervised under state or federal law. (8) `Guardian' means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. (9) `Legal representative' means an individual's personal representative or guardian. (10) `Member of the minor's family' means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) `Minor' means an individual who has not attained the age of 21 years. (12) `Person' means an individual, corporation, organization, or other legal entity. (13) `Personal representative' means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (14) `State' includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (15) `Transfer' means a transaction that creates custodial property under Code Section 44-5-119. (16) `Transferor' means a person who makes a transfer under the authority of this article. Page 670 (17) `Trust company' means a financial institution, corporation, or other legal entity authorized to exercise general trust powers in this state. 44-5-112. (a) This article applies to a transfer that refers to `The Georgia Transfers to Minors Act' in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this article despite a subsequent change in residence of a transferor, the minor, or the custodian or the removal of custodial property from this state. (b) A person designated as custodian under the authority of this article is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. 44-5-113. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act. ' The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is delivered to the payor, issuer, or other obligor of the contractual rights. Page 671 (b) A custodian nominated under this Code section must be a person to whom a transfer of property of that kind may be made under subsection (a) of Code Section 44-5-119. (c) The nomination of a custodian under this Code section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Code Section 44-5-119. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Code Section 44-5-119. 44-5-114. A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Code Section 44-5-119. 44-5-115. (a) A personal representative or trustee may make an irrevocable transfer pursuant to Code Section 44-5-119 to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under Code Section 44-5-113 to receive the custodial property, the transfer must be made to that person. (c) If the testator or settlor has not nominated a custodian under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of Code Section 44-5-119, which designation may include the personal representative or the trustee. 44-5-116. (a) Subject to subsection (c) of this Code section, a personal representative or trustee may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the personal representative or the trustee) for the benefit of a minor pursuant to Code Section 44-5-119, in the absence of a will or under a will or trust that does not contain an authorization to do so. Page 672 (b) Subject to subsection (c) of this Code section, a guardian may make an irrevocable transfer to an adult or trust company as custodian (which custodian may be the guardian) for the benefit of the minor pursuant to Code Section 44-5-119. (c) A transfer under subsection (a) or (b) of this Code section may be made only if: (1) The personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor; (2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and (3) The transfer is authorized by the court as in the best interest of the minor if such transfer, combined with all prior transfers to the minor under this Code section, in the aggregate exceeds $10,000.00 in value. 44-5-117. (a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section 44-5-119. (b) If a person having the right to do so under Code Section 44-5-113 has nominated a custodian under that Code section to receive the custodial property, the transfer must be made to the custodian so designated. (c) If no custodian has been nominated under Code Section 44-5-113, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this Code section may be made to an adult member of the minor's family or to a trust company as custodian for the benefit of the minor if a guardian appointed for such minor considers the transfer to be in the best interest of the minor and, on petition brought by the minor's guardian, the transfer is authorized by the court as in the best interest of the minor. Page 673 44-5-118. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article. 44-5-119. (a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; or (B) Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this Code section; (2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; (3) The ownership of a life or endowment insurance policy or annuity contract is either. (A) Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; or (B) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose Page 674 name in the assignment is followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; (4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; (5) An interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; (6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (A) Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; or (B) Delivered to an adult other than the transferor or to a trust company, endorsed to that person, followed in substance by the words: `as custodian for(name of minor) under The Georgia Transfers to Minors Act '; (7) An interest in any property not described in paragraphs (1) through (6) of this subsection is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this Code section. Page 675 (b) An instrument in the following form satisfies the requirements of subparagraph (B) of paragraph (1) and paragraph (7) of subsection (a) of this Code section: `TRANSFER UNDER THE GEORGIA TRANSFERS TO MINORS ACT I,(name of transferor or name and representative capacity if a fiduciary) transfer to(name of custodian), as custodian for(name of minor) under The Georgia Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it). Dated: (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under The Georgia Transfers to Minors Minors Act. Dated: (c) A transferor shall place the custodian in control of the custodial property as soon as practicable. 44-5-120. A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship. 44-5-121. (a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control; Page 676 (2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of Code Section 44-5-119; or (3) Death or incapacity of a person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant to Code Section 44-5-119 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this article, and neither that minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this article. (c) By making a transfer, the transferor incorporates in the disposition all the provisions of this article and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this article. 44-5-122. (a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall invest and reinvest the custodial property as would prudent men of discretion and intelligence who are seeking a reasonable income and the preservation of their capital, without reference to the laws relating to permissible investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to Page 677 the minor or the minor's estate, may retain any custodial property received from a transferor without reference to the laws relating to permissible investments by fiduciaries. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on: (1) The life of the minor only if the minor or the minor's estate is the sole beneficiary; or (2) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: `as a custodian for(name of minor) under The Georgia Transfers to Minors Act. ' (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. 44-5-123. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This Code section does not relieve a custodian from liability for breach of Code Section 44-5-122. Page 678 44-5-124. (a) A custodian may deliver or pay to the minor or expend for or apply to the minor's benefit so much or the whole of the custodial property as the custodian considers advisable for the support, maintenance, education, and general use and benefit of the minor in such manner, at such time or times, and to such extent as the custodian may deem suitable and proper, without court order and without regard to: (1) The duty or ability of the custodian personally or of any other person to support the minor; or (2) Any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this Code section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor. 44-5-125. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under Code Section 44-5-114, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in subsection (f) of Code Section 44-5-128, a custodian need not give a bond. 44-5-126. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: Page 679 (1) The validity of the purported custodian's designation; (2) The propriety of, or the authority under this article for, any act of the purported custodian; (3) The validity or propriety under this article of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian. 44-5-127. (a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian is not personally liable: (1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. Page 680 44-5-128. (a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Code Section 44-5-113, the person who made the nomination may nominate a substitute custodian under Code Section 44-5-113; otherwise, the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under subsection (a) of Code Section 44-5-119. The custodian so designated has the rights of a successor custodian. (b) A custodian at any time may designate a trust company or an adult other than a transferor under Code Section 44-5-114 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b) of this Code section, an adult member of the minor's family, a guardian of the minor, or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death, or incapacity, the guardian of the minor becomes successor custodian. If the minor has no guardian or the guardian declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. Page 681 (e) A custodian who declines to serve under subsection (a) of this Code section or resigns under subsection (c) of this Code section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the guardian of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Code Section 44-5-114 or to require the custodian to give appropriate bond. 44-5-129. (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court: (1) For an accounting by the custodian or the custodian's legal representative; or (2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Code Section 44-5-127 to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under subsection (f) of Code Section 44-5-128, the court shall require an accounting and order delivery of the custodial property and records to the successor Page 682 custodian and the execution of all instruments required for transfer of the custodial property. 44-5-130. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earliest of: (1) The minor's attainment of 21 years of age with respect to custodial property transferred under Code Section 44-5-114 or 44-5-115; (2) The minor's attainment of majority under the laws of this state other than this article with respect to custodial property transferred under Code Section 44-5-116 or 44-5-117; or (3) The minor's death. 44-5-131. This article applies to a transfer within the scope of Code Section 44-5-112 made after July 1, 1990, if: (1) The transfer purports to have been made under former Article 5 of this chapter, known as `The Georgia Gifts to Minors Act'; or (2) The instrument by which the transfer purports to have been made uses in substance the designation `as custodian under the Uniform Gifts to Minors Act' or `as custodian under the Uniform Transfers to Minors Act' of any other state, and the application of this article is necessary to validate the transfer. 44-5-132. (a) Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former Article 5 of this chapter, known as `The Georgia Gifts to Minors Act,' for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This article applies to all transfers made before July 1, 1990, in a manner and form prescribed in former Article 5 of this chapter, known as `The Georgia Gifts to Minors Act,' Page 683 except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1990. 44-5-133. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. 44-5-134. The former Article 5 of this chapter, known as `The Georgia Gifts to Minors Act,' is repealed. To the extent that this new article, by virtue of subsection (b) of Code Section 44-5-132, does not apply to transfers made in a manner prescribed in `The Georgia Gifts to Minors Act' or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of `The Georgia Gifts to Minors Act' does not affect those transfers or those powers, duties, and immunities. Section 2 . Code Section 53-12-3 of the Official Code of Georgia Annotated, relating to a description of trustee powers which render a trust executory, termination of irrevocable executory trusts, effects of retention of a life estate, power of appointment, or remainder interest, and distribution or division of trust property, is amended by striking subsection (d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows: (d) If upon petition of the trustee, personal representative of the decedent's estate, or any beneficiary, the court having jurisdiction over such trust, regardless of any spendthrift or similar protective provisions, finds that: (1) The costs of administration of such trust are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution from a probate estate, would defeat or substantially impair the purpose of the trust; (2) The purpose of the trust has been fulfilled or has become illegal or impossible of fulfillment; or (3) Owing to circumstances not known to the grantor, donor, or settlor and not anticipated by such grantor, Page 684 donor, or settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purpose of the trust, the court, after due notice to all persons then having an interest in the trust, may order distribution of the trust property. The order shall specify the appropriate share of each beneficiary who is to share in the proceeds of the trust, taking into account the interest of any income beneficiaries and remaindermen, so as to conform as nearly as possible to the intention of the grantor, donor, settlor, or testator. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, `The Georgia Transfers to Minors Act.' In addition, the court may make such other orders as it deems proper or necessary to protect the interests of the beneficiaries and of the trustee. Section 3 . Code Section 53-15-3 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, is amended by striking the word and at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting in lieu thereof the symbol and word ; and and by adding at the end of said Code section a new paragraph (32) to read as follows: (32) To transfer interests in property to a custodianship . To make distribution (whether of income or principal) from the estate or trust to or for a person under the age of 21 years by transferring the amount or property interest involved to a custodianship for the benefit of such person created under and governed by Article 5 of Chapter 5 of Title 44, known as `The Georgia Transfers to Minors Act.' Page 685 Section 4 . This Act shall become effective on July 1, 1990. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE. Code Section 47-3-1 Amended. Code Section 47-3-84.2 Enacted. No. 1182 (House Bill No. 458). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that certain persons who are allowed to continue as members of the retirement system may obtain certain creditable service; to provide requirements and for other matters relative thereto; to provide conditions 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 . Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking the last undesignated paragraph of Code Section 47-3-1, relating to definitions, in its entirety and inserting in lieu thereof a new undesignated paragraph to read as follows: Notwithstanding the provisions of subparagraphs (N) and (P) of paragraph (28) of this Code section, no person becoming an employee of the Georgia Association of Educators, the Georgia Page 686 High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a `teacher' within the meaning of paragraph (28) of this Code section or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a `teacher' within the meaning of a subparagraph of paragraph (28) of this Code section other than subparagraph (N) or (P). Except as otherwise provided by Code Section 47-3-84.2, subparagraphs (N) and (P) of paragraph (28) of this Code section shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by said subparagraph (N) or (P) to continue such membership as long as the person continues to hold such position. Section 2 . Said chapter is further amended by adding immediately following Code Section 47-3-84.1 a new Code Section 47-3-84.2 to read as follows: 47-3-84.2. (a) Any member described in subparagraph (N) or (P) of paragraph (28) of Code Section 47-3-1 who is allowed to continue membership in the retirement system after June 30, 1984, under the provisions of the last undesignated paragraph of Code Section 47-3-1 shall be eligible to obtain creditable service under this chapter for service rendered prior to July 1, 1984, in a position described in said subparagraph (N) or (P) of paragraph (28) of Code Section 47-3-1, provided creditable service has not been obtained by the member for the same period of time under any other provision of this chapter and provided further that payment is made for such creditable service as required in subsection (b) of this Code section. (b) In order to obtain creditable service authorized in subsection (a) of this Code section: (1) The member applying for such creditable service shall pay to the board of trustees the employee contributions that would have been paid into the retirement system during the period of time for which creditable service is obtained as if the person had been a member of the retirement Page 687 system during such period of time, plus regular interest that would have accrued on such contributions; and (2) The Georgia Association of Educators, the Georgia High School Association, the Georgia School Boards Association, or the Georgia Vocational Association which employed the member during the period of time for which application is made for creditable service shall pay to the board of trustees an amount which when added to the amount paid to the board under paragraph (1) of this subsection shall be sufficient to pay the full actuarial cost of granting the creditable service claimed by the member applying therefor. (c) The board of trustees may require such documentation as may be necessary to verify any service and the compensation therefor that may be claimed as creditable service under this Code section. Upon application for creditable service under this Code section and the provision of such documentation as the board of trustees may require, the board shall certify to the applying member and to the appropriate association the amount of the payments required under subsection (b) of this Code section. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 688 EDUCATIONATTENDANCE OFFICERS. Code Section 20-2-695 Amended. No. 1183 (House Bill No. 677). AN ACT To amend Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to employment of attendance officers in lieu of visiting teachers, so as to limit the authority for local boards of education to employ attendance officers; to change certain terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-695 of the Official Code of Georgia Annotated, relating to the employment of attendance officers in lieu of visiting teachers, is amended by striking that Code section in its entirety and inserting in its place a new Code section to read as follows: 20-2-695. A local board of education may employ a person as an attendance officer in lieu of a visiting teacher only if that person had been employed as an attendance officer by such local board prior to July 1, 1990. Such an attendance officer must be paid wholly from local funds of the local board. Attendance officers shall not be required to qualify under rules and regulations promulgated by the State Board of Education for the certification of visiting teachers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 689 PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARECONTINUING EDUCATION OF LICENSEES. Code Section 44-34-3 Enacted. No. 1184 (House Bill No. 702). AN ACT To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assistants, and respiratory care, so as to authorize the Composite State Board of Medical Examiners to require continuing education programs for persons licensed or certified under such chapter; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses; to provide for waivers; to provide for authority of the board; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding physicians, physician's assistants, and respiratory care, is amended by adding at the end thereof a new Code section, to be designated Code Section 43-34-3, to read as follows: 43-34-3. (a) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, Page 690 or in cases where physicians or physicians' assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress, or under such other circumstances as the board deems appropriate. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. RETIREMENT AND PENSIONSCAUSING DEATH OF MEMBER. Code Section 47-1-24 Enacted. No. 1185 (House Bill No. 764). AN ACT To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on membership in public retirement systems, so as to provide that no person who commits or conspires to commit the murder or voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive a refund of contributions or any benefit under the public retirement system upon the death of the member, retiree, or beneficiary; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws and for other purposes. Page 691 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to the effects of convictions for certain crimes on membership in public retirement systems, is amended by adding at the end thereof a new Code Section 47-1-24 to read as follows: 47-1-24. No person who commits or conspires to commit the murder or voluntary manslaughter of a member, retiree, or beneficiary under a public retirement system shall receive any refund of contributions or any benefit under the public retirement system upon the death of the member, retiree, or beneficiary, even though the person so killing or conspiring is a named beneficiary for such refund of contributions or benefit. A plea of guilty or a judicial finding of guilt which is not reversed or otherwise set aside as to any such crime shall be prima-facie evidence of guilt for the purpose of applying the provisions of this Code section. All rights, interests, and entitlements to any such refund of contributions or benefit shall go to the secondary beneficiary designated by the member, retiree, or beneficiary, if a secondary beneficiary is designated and is living, upon the death of the member, retiree, or beneficiary, but otherwise to the member's, retiree's, or beneficiary's estate. 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 4, 1990. Page 692 GEORGIA DEVELOPMENT IMPACT FEE ACT. Code Title 36, Chapter 71 Enacted. No. 1186 (House Bill No. 796). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the Georgia Development Impact Fee Act; to state a short title and legislative findings; to define terms; to provide that municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval; to provide minimum standards and requirements for ordinances; to provide for development impact fee advisory committees; to provide for receipt, deposit, and expenditure of impact fees; to provide for refunds and appeals; to provide for intergovernmental agreements; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 71 of said title to read as follows: CHAPTER 71 36-71-1. (a) This chapter shall be known and may be cited as the `Georgia Development Impact Fee Act.' (b) The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety, and general welfare of the citizens of the State of Georgia. It is the intent of this chapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; Page 693 (2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Establish minimum standards for the adoption of development impact fee ordinances by municipalities and counties; and (4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions. 36-71-2. As used in this chapter, the term: (1) `Capital improvement' means an improvement with a useful life of ten years or more, by new construction or other action, which increases the service capacity of a public facility. (2) `Capital improvements element' means a component of a comprehensive plan adopted pursuant to Chapter 70 of this title which sets out projected needs for system improvements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement. (3) `Comprehensive plan' has the same meaning as provided for in Chapter 70 of this title. (4) `Developer' means any person or legal entity undertaking development. (5) `Development' means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities. Page 694 (6) `Development approval' means any written authorization from a municipality or county which authorizes the commencement of construction. (7) `Development exaction' means a requirement attached to a development approval or other municipal or county action approving or authorizing a particular development project, including but not limited to a rezoning, which requirement compels the payment, dedication, or contribution of goods, services, land, or money as a condition of approval. (8) `Development impact fee' means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development. (9) `Encumber' means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a municipality or county. (10) `Feepayor' means that person who pays a development impact fee or his successor in interest where the right or entitlement to any refund of previously paid development impact fees which is required by this chapter has been expressly transferred or assigned to the successor in interest. In the absence of an express transfer or assignment of the right or entitlement to any refund of previously paid development impact fees, the right or entitlement shall be deemed `not to run with the land.' (11) `Level of service' means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or service of public facilities or both. (12) `Present value' means the current value of past, present, or future payments, contributions or dedications of goods, services, materials, construction, or money. Page 695 (13) `Project' means a particular development on an identified parcel of land. (14) `Project improvements' means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the improvement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or a system improvement. If an improvement or facility provides or will provide more than incidental service or facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No improvement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a oject improvement. (15) `Proportionate share' means that portion of the cost of system improvements which is reasonably related to the service demands and needs of the project. (16) `Public facilities' means: (A) Water supply production, treatment, and distribution facilities; (B) Waste-water collection, treatment, and disposal facilities; (C) Roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of state or federal highways; (D) Storm-water collection, retention, detention, treatment, and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; Page 696 (E) Parks, open space, and recreation areas and related facilities; (F) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G) Libraries and related facilities. (17) `Service area' means a geographic area defined by a municipality, county, or intergovernmental agreement in which a defined set of public facilities provide service to development within the area. Service areas shall be designated on the basis of sound planning or engineering principles or both. (18) `System improvement costs' means costs incurred to provide additional public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions, including but not limited to the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorneys' fees, and expert witness fees), and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvement element, and administrative costs, provided that such administrative costs shall not exceed 3 percent of the total amount of the costs. Projected interest charges and other finance costs may be included if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the municipality or county to finance the capital improvements element but such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs. (19) `System improvements' means capital improvements that are public facilities and are designed to provide service to the community at large, in contrast to `project improvements.' Page 697 36-71-3. (a) Municipalities and counties which have adopted a comprehensive plan containing a capital improvements element are authorized to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of this chapter. After the transition period provided in this chapter, development exactions for other than project improvements shall be imposed by municipalities and counties only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter. (b) Notwithstanding any other provision of this chapter, that portion of a project for which a valid building permit has been issued prior to the effective date of a municipal or county development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit. (c) Payment of a development impact fee shall be deemed to be in compliance with any municipal or county requirement for the provision of adequate public facilities or services in regard to the system improvements for which the development impact fee was paid. 36-71-4. (a) A development impact fee shall not exceed a proportionate share of the cost of system improvements, as defined in this chapter. (b) Development impact fees shall be calculated and imposed on the basis of service areas. (c) Development impact fees shall be calculated on the basis of levels of service for public facilities that are adopted in the municipal or county comprehensive plan that are applicable to existing development as well as the new growth and development. (d) A municipal or county development impact fee ordinance shall provide that development impact fees shall be collected not earlier in the development process than the issuance of a building permit authorizing construction of a building or structure; provided, however, that development impact fees for Page 698 public facilities described in subparagraph (D) of paragraph (16) of Code Section 36-71-2 may be collected at the time of a development approval that authorizes site construction or improvement which requires public facilities described in subparagraph (D) of paragraph (16) of Code Section 36-71-2. (e) A municipal or county development impact fee ordinance shall include a schedule of impact fees specifying the development impact fee for various land uses per unit of development on a service area by service area basis. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs. (f) A municipal or county development impact fee ordinance shall be adopted in accordance with the procedural requirements of Code Section 36-71-6. (g) A municipal or county development impact fee ordinance shall include a provision permitting individual assessments of development impact fees at the option of applicants for development approval under guidelines established in the ordinance. (h) A municipal or county development impact fee ordinance shall provide for a process whereby a developer may receive a certification of the development impact fee schedule or individual assessment for a particular project, which shall establish the development impact fee for a period of 180 days from the date of certification. (i) A municipal or county development impact fee ordinance shall include a provision for credits in accordance with the requirements of Code Section 36-71-7. (j) A municipal or county development impact fee ordinance shall include a provision prohibiting the expenditure of development impact fees except in accordance with the requirements of Code Section 36-71-8. Page 699 (k) A municipal or county development impact fee ordinance may provide for the imposition of a development impact fee for system improvement costs previously incurred by a municipality or county to the extent that new growth and development will be served by the previously constructed system improvements. (l) A municipal or county development impact fee ordinance may exempt all or part of particular development projects from development impact fees provided that such projects are determined to create extraordinary economic development and employment growth or affordable housing, provided that the public policy which supports the exemption is contained in the municipality or county's comprehensive plan and provided that the exempt development's proportionate share of the system improvement is funded through a revenue source other than development impact fees. (m) A municipal or county development impact fee ordinance shall provide that development impact fees shall only be spent for the category of system improvements for which the fees were collected and in the service area in which the project for which the fees were paid is located. (n) A municipal or county development impact fee ordinance shall provide that, in the event a building permit is abandoned, credit shall be given for the present value of the development impact fee against future development impact fees for the same parcel of land. (o) A municipal or county development impact fee ordinance shall provide for a refund of development impact fees in accordance with the requirements of Code Section 36-71-9. (p) A municipal or county development impact fee ordinance shall provide for appeals from administrative determinations regarding development impact fees in accordance with the requirements of Code Section 36-71-10. (q) Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs. Page 700 (r) Development impact fees shall be calculated on a basis which is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements, including taxes, assessments, user fees, and intergovernmental transfers. 36-71-5. (a) Prior to the adoption of a development impact fee ordinance, a municipality or county adopting an impact fee program shall establish a Development Impact Fee Advisory Committee. (b) Such committee shall be composed of not less than five nor more than ten members appointed by the governing authority of the municipality or county and at least 40 percent of the membership shall be representatives from the development, building, or real estate industries. An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee. (c) The Development Impact Fee Advisory Committee shall serve in an advisory capacity to assist and advise the governing body of the municipality or county with regard to the adoption of a development impact fee ordinance. In that the committee is advisory, no action of the committee shall be considered a necessary prerequisite for municipal or county action in regard to adoption of an ordinance. 36-71-6. Prior to the adoption of an ordinance imposing a development impact fee pursuant to this chapter, the governing body of a municipality or county shall cause two duly noticed public hearings to be held in regard to the proposed ordinance. The second hearing shall be held at least two weeks after the first hearing. 36-71-7. (a) In the calculation of development impact fees for a particular project, credit shall be given for the present value of any construction of improvements or contribution or dedication of land or money required or accepted by a municipality or county from a developer or his predecessor in title or interest for system improvements of the category for Page 701 which the development impact fee is being collected. Credits shall not be given for project improvements. (b) In the event that a developer enters into an agreement with a county or municipality to construct, fund, or contribute system improvements such that the amount of the credit created by such construction, funding, or contribution is in excess of the development impact fees which would otherwise have been paid for the development project, the developer shall be reimbursed for such excess construction, funding, or contribution from development impact fees paid by other development located in the service area which is benefited by such improvements. 36-71-8. (a) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one or more interest-bearing accounts. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter. (b) Expenditures of development impact fees shall be made only for the category of system improvements and in the service area for which the development impact fee was imposed as shown by the capital improvement element and as authorized by this chapter. Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development. (c) As part of its annual audit process, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area. 36-71-9. Any municipality or county which adopts a development impact fee ordinance shall provide for refunds in accordance with the following provisions: Page 702 (1) Upon the request of an owner of property on which a development impact fee has been paid, a municipality or county shall refund the development impact fee if capacity is available and service is denied or if the municipality or county, after collecting the fee when service is not available, has failed to encumber the development impact fee or commence construction within six years after the date that the fee was collected. In determining whether development impact fees have been encumbered, development impact fees shall be considered encumbered on a first-in, first-out (FIFO) basis; (2) When the right to a refund exists due to a failure to encumber development impact fees, the municipality or county shall provide written notice of entitlement to a refund to the feepayor who paid the development impact fee at the address shown on the application for development approval or to a successor in interest who has given notice to the municipality or county of a transfer or assignment of the right or entitlement to a refund and who has provided a mailing address. Such notice shall also be published within 30 days after the expiration of the six-year period after the date that the development impact fees were collected and shall contain the heading `Notice of Entitlement to Development Impact Fee Refund'; (3) An application for a refund shall be made within one year of the time such refund becomes payable under paragraph (1) or (2) of this Code section or within one year of publication of the notice of entitlement to a refund under this Code section, whichever is later; (4) A refund shall include a refund of a pro rata share of interest actually earned on the unused or excess development impact fee collected; (5) All refunds shall be made to the feepayor within 60 days after it is determined by a municipality or county that a sufficient proof of claim for a refund has been made; and (6) The feepayor shall have standing to sue for a refund under the provisions of this chapter if there has been a timely application for a refund and the refund has been Page 703 denied or has not been made within one year of submission of the application for refund to the collecting municipality or county. 36-71-10. (a) A municipality or county which adopts a development impact fee ordinance shall provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project. (b) A developer may pay a development impact fee under protest in order to obtain a development approval or building permit, as the case may be. A developer making such payment shall not be estopped from exercising the right of appeal provided by this chapter, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected. (c) A municipality or county development impact fee ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise. 36-71-11. Municipalities and counties which are jointly affected by development are authorized to enter into intergovernmental agreements with each other, with authorities, or with the state for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws. 36-71-12. This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improvements; provided, however, that all local ordinances or resolutions imposing development exactions for system improvements on the effective date of this chapter shall be brought into conformance with this chapter no later than two years from the effective date of this chapter. 36-71-13. (a) Nothing in this chapter shall prevent a municipality or county from requiring a developer to construct Page 704 reasonable project improvements in conjunction with a development project. (b) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers and municipalities, counties, or other governmental entities in regard to the construction or installation of system improvements and providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvement costs which are used or shared by more than one development project. (c) Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county that collects development impact fees pursuant to this chapter shall include a provision for credit for such hook up or connection fees collected by the municipality or county to the extent that such hook up or collection fee is collected to pay for stem improvements. (d) Nothing in this chapter shall apply to a water authority created by Act of the General Assembly of Georgia, as long as such authority is not established as a political subdivision of the State of Georgia but instead acts subject to the approval of a county governing authority. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 705 AIDSDISCLOSURE OF CONFIDENTIAL INFORMATION; HIV TESTS. Code Sections 24-9-47 and 31-22-9.2 Amended. No. 1187 (House Bill No. 842). AN ACT To amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information in certain proceedings and procedures regarding mentally ill, mentally retarded, alcoholic, or drug dependent persons and in certain guardianship proceedings and procedures and provide for conditions and procedures relating thereto; to provide for measures to retain confidentiality; to amend Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, so as to provide additional conditions under which HIV tests may be ordered and results thereof obtained without complying with certain requirements; to change certain penalty and statute of limitations provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to disclosure of AIDS confidential information, is amended by adding at the end a new subsection to read as follows: (bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, mentally retarded, or alcoholic or drug dependent, or as a part of any proceeding or procedure authorized or required pursuant to Title 29, regarding the guardianship of a person or that person's estate, as follows: (1) Any person who files or transmits a petition or other document which discloses AIDS confidential information Page 706 in connection with any such proceeding or procedure shall provide a cover page which contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words `CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically contains AIDS confidential information; (2) AIDS confidential information shall only be disclosed pursuant to this subsection after disclosure to and with the written consent of the person identified by that information, or that person's parent or guardian if that person is a minor or has previously been adjudicated as being incompetent, or by order of court obtained in accordance with subparagraph (C) of paragraph (3) of this subsection; (3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which discloses AIDS confidential information without obtaining consent as provided in paragraph (2) of this subsection, the court receiving such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or: (A) Return such petition or other document to the person who filed or transmitted same, with directions against further filing or transmittal of such information in connection with such proceeding or procedure except in compliance with this subsection; (B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or (C) (i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is Page 707 sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney personally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Chapter 5 of Title 29, in which event the hearing shall not be held sooner than 48 hours after service. (ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evidence of a compelling need for the AIDS confidential information sought in connection with the particular proceeding or procedure which cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and (4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records Page 708 of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of medical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, so long as the identity of the person identified by such information is not thereby revealed. Section 2 . Code Section 31-22-9.2 of the Official Code of Georgia Annotated, relating to ordering HIV tests, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows: (e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of subsection (c), (d), or (g) of this Code section. The statute of limitations for any action alleging a violation of this Code section shall be two years from the date of the alleged violation. Section 3 . Said Code section is further amended by adding at the end thereof a new subsection to read as follows: (g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control or according to infectious disease standards of the health care facility where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof: (1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered and after having been provided counseling and an opportunity to refuse the test; or (2) If the patient or representative refuses the test, following compliance with paragraph (1) of this subsection, Page 709 when at least one other health care provider who is otherwise authorized to order an HIV test concurs in writing to the testing, the patient is informed of the results of the test and is provided counseling with regard to those results, and the occurrence of that test is not made a part of the patient's medical records, where the test results are negative, without the patient's consent. 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, 1990. GEORGIA FOREST PRODUCTS TRUCKING RULESPROMULGATION. Code Section 46-1-1 Amended. No. 1188 (House Bill No. 887). AN ACT To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, so as to change the provisions relative to certain definitions; to provide for the adoption and promulgation by the Public Service Commission of the Georgia Forest Products Trucking Rules; to provide for the motor vehicles to which such rules shall be applicable; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 710 Section 1 . Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in laws relating to public utilities and public transportation, is amended by striking in its entirety division (7)(C)(x) and inserting in lieu thereof a new division (7)(C)(x) to read as follows: (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term `producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term `agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (11) of this Code section. Such rules and any amendments thereto adopted by the commission shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission shall be effective July 1, 1991;. Section 2 . Said Code section is further amended by striking subparagraph (A) of paragraph (11) in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows: Page 711 (A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject only to the Georgia Forest Products Trucking Rules provided for in division (7)(C)(x) of this Code section;. Section 3 . This Act shall become effective on January 1, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. GEORGIA RADIATION CONTROL ACT. Code Title 31, Chapter 13 Amended. No. 1189 (House Bill No. 947). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplication of effort in the areas of radiation control; to designate the Department of Human Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radiation generating equipment and to designate the Department of Natural Resources as the state agency responsible for the administration of the state-wide program for regulation and control of radioactive materials; to provide for editorial revision; to provide for the powers and duties of the Department of Natural Resources and the Department of Human Resources with respect to radiation generating equipment and radioactive materials; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with respect to radioactive materials; to provide for orders by the director; to provide Page 712 for administrative hearings and for judicial review; to provide for restraining orders to be issued by the superior courts; to provide that the Attorney General shall represent the director in certain actions; to provide the Governor with authority to transfer powers and duties of the Department of Human Resources and the Department of Natural Resources by executive order; to specify the effect of this Act upon pending proceedings; to provide for the assumption of rules, regulations, and obligations; to provide for editorial revision; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 13, relating to radiation control, in its entirety and inserting in its place a new Chapter 13 to read as follows: CHAPTER 13 31-13-1. This chapter shall be known and may be cited as the `Georgia Radiation Control Act.' 31-13-2. It is the policy of this state, in furtherance of its responsibility to protect the environment and the public health and safety of its citizens and, to the extent authorized under Article VI, Section 2 of the Constitution of the United States: (1) To institute and maintain programs to allow development and utilization of sources of radiation for purposes that are consistent with the protection of the environment and the health and safety of the public; and (2) To prevent any associated harmful effects of radiation upon the environment or the health and safety of the public through the institution and maintenance of regulatory programs for radiation sources, providing for: (A) Compatibility with the standards and regulatory programs of the federal government for by-product, source, and special nuclear materials; Page 713 (B) An effective system of regulations within the state consistent with this chapter and with any environmental laws, rules, regulations, standards, or limitations; and (C) A system consonant insofar as possible with those of other states. 31-13-3. As used in this chapter, the term: (1) `Accelerator produced radioactive material' means any material made radioactive by a particle accelerator. (1.1) `By-product material' means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (2) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) `General license' means a license effective pursuant to applicable rules and regulations promulgated by the Department of Human Resources or the Department of Natural Resources without the filing of an application, to transfer, acquire, own, possess, or use quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially or devices, radiation generating equipment, or equipment utilizing such materials. (4) `Ionizing radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves or visible, infrared, or ultraviolet light. (4.1) `Naturally occurring radioactive material' means radioactive material occurring naturally in the environment. (4.2) `Nonionizing radiation' means: Page 714 (A) Any electromagnetic radiation other than ionizing electromagnetic radiation; or (B) Any sonic, ultrasonic, or infrasonic wave. (5) `Permissible radiation exposure' means the maximum amount of radiation to which an individual may be exposed, as established in applicable standards adopted by the Department of Human Resources or the Department of Natural Resources. (6) `Person' means any individual, corporation, partnership, association, trust, estate, public or private institution, agency or political subdivision of this state, or any other state or political subdivision or agency thereof. (7) `Radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves with frequencies between 1x109 hertz and 1x1024 hertz and wavelengths between 3 x 10-1 meters and 3x10-16 meters. (8) `Radiation generating equipment' means any manufactured product or device, or component part of such a product or device, or any machine or system which during operation can generate or emit radiation, except those which emit radiation only from radioactive material. (9) `Radioactive material' means any solid, liquid, or gas for any use that emits ionizing radiation spontaneously. It includes accelerator produced, by-product, naturally occurring, source, and special nuclear material. (9.1) `Registration' means registration with either the Department of Human Resources or the Department of Natural Resources in accordance with applicable rules and regulations adopted pursuant to this chapter. (10) `Source material' means (A) uranium, thorium, and any other material which the Department of Natural Resources declares to be source material after the Nuclear Page 715 Regulatory Commission, or any successor thereto, has determined the material to be such; or (B) ores containing one or more of the foregoing materials, in such concentration as the Department of Natural Resources declares to be source material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material. (11) `Special nuclear material' means (A) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Department of Natural Resources declares to be special nuclear material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (B) any material artificially enriched by any of the foregoing, but does not include source material. (12) `Specific license' means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially, or devices or equipment utilizing such materials. 31-13-4. The Department of Human Resources is designated the state agency to administer a state-wide radiation control program for radiatin generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Department of Natural Resources. It is declared to be the intent of the General Assembly that no provision of this chapter shall be construed so as to repeal, supersede, or preempt any of the functions, powers, authority, duties, or Cresponsibilities assigned to the Environmental Protection Division of the Department of Natural Resources under this chapter or any other laws or statutes of this state. 31-13-4.1. The Department of Natural Resources is designated the state agency to administer a state-wide radiation control program for radioactive materials consistent with this chapter. Page 716 31-13-5. (a) For the protection of the public health and safety, the Department of Human Resources, with regard to radiation generating equipment, and the Department of Natural Resources, with regard to radioactive materials, are empowered to: (1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs; (2) Advise, consult, and cooperate with other public agencies and with affected groups and industries; (3) Encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the effect upon public health and safety of exposure to radiation, and related problems; (4) Adopt, promulgate, amend, and repeal such rules, regulations, and standards which may provide for licensing or registration relating to the distribution, assembly, manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation generating equipment as may be necessary to carry out this chapter, provided that prior to adoption of any regulation or standard, or amendment or repeal thereof, the Department of Human Resources or the Department of Natural Resources, as is appropriate, shall afford interested parties an opportunity, at a public hearing conducted as provided in Article 1 of Chapter 5 of this title, to submit data or views orally or in writing. The recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration when formulating standards relative to the permissible dosage of radiation; (5) Issue, modify, or revoke orders, in connection with proceedings under this chapter, prohibiting or abating the discharge of radiation and radioactive material or waste into the ground, air, or waters of the state, except that the Page 717 Department of Natural Resources shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency; (6) Require the submission of plans, specifications, and reports for new construction and material alterations on (A) the design and protective shielding of installations for radioactive material and radiation generating equipment; and (B) systems for the disposal of radioactive waste materials and for the determination of any radiation hazard; and render opinions, approve, or disapprove such plans and specifications; (7) Require all sources of radiation to be shielded, transported, handled, used, stored, or disposed of in such a manner to provide compliance with this chapter and rules, regulations, and standards adopted pursuant to this chapter; (8) Collect and disseminate information relating to the control of sources of radiation, including but not limited to (A) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (B) maintenance of a file of registrants possessing sources of radiation requiring registration under this chapter, regulations promulgated pursuant to this chapter, and any administrative or judicial action pertaining thereto; (9) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the Department of Human Resources or the Department of Natural Resources, as is applicable, determines that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public; (10) Adopt and promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses as the Department of Human Resources or the Department of Natural Resources shall deem desirable, subject to such registration requirements Page 718 as may be prescribed by the applicable department; and (11) Exercise all incidental powers necessary to administer this chapter. (b) The Department of Human Resources and the Department of Natural Resources are authorized to enter upon any public or private property at all reasonable times for the purpose of determining compliance with applicable provisions of this chapter and rules, regulations, and standards adopted pursuant to this chapter. (c) The Department of Human Resources and the Department of Natural Resources are authorized to enter into appropriate agreements with the federal government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections and other functions related to the control of radiation. (d) The Department of Human Resources and the Department of Natural Resources are authorized to institute appropriate training programs for the purpose of qualifying personnel to administer applicable provisions of this chapter and may make such personnel available for participation in any programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter. 31-13-6. (a) The Department of Natural Resources may require the posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a licensee to meet the requirements of the Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation from radioactive material in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, ownership, or control. The Department of Natural Resources is authorized to establish, by rule or regulation, the Page 719 bonding requirements by classes of licensees and by range of monetary amounts not to exceed $5 million. In establishing such requirements, the Department of Natural Resources shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of radioactive material used by the licensee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the licensee to perform such services to the satisfaction of the Department of Natural Resources. (b) The Department of Natural Resources shall have authority upon finding that conditions under this Code section have not been met or when it determines that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare. (c) A licensee who abandons a site or facility without taking the required actions to meet the requirements of the Department of Natural Resources shall be guilty of a misdemeanor. (d) Any bonding or financial protection requirements established by the Department of Natural Resources pursuant to this Code section shall not apply to the state or any agency of the state. 31-13-7. (a) No person shall construct or operate a site or other facility for the concentration, storage, or burial of radioactive waste without first securing a permit for such construction or operation from the director of the Environmental Protection Division of the Department of Natural Resources. The director, under the conditions he prescribes, may require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permit. The director may issue a permit for the construction or operation of such a site or other facility upon a determination that the construction or operation would be consistent with the purposes and stated policy of this chapter. Any permit which may be issued by the director shall specify the conditions under which the site or facility shall be operated. The director, Page 720 in specifying such conditions, shall have the power and authority to require a permittee to establish and maintain records; to make reports; to install, maintain, and use monitoring equipment or methods including, but not limited to, biological monitoring methods or emission and ambient monitoring devices; to sample any emission or discharge in accordance with such methods, at such locations, at such intervals, and in such manner as the director shall prescribe; and to provide such other information as he may reasonably require. Any permit issued shall be subject to periodic review; and the director may revoke or modify any permit if the holder fails to comply with any conditions thereof. The director is authorized to adopt, modify, repeal, and promulgate, after due notice and public hearing held in accordance with and established pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' rules and regulations not inconsistent with this Code section, for purposes of administering this Code section. (b) The director may require the posting of a bond by the proposed permittee or operator, payable to the state, as a condition of any permit, in order to assure the availability of funds to the state in the event of abandonment, insolvency, or other inability of a permittee to meet the requirements of the Environmental Protection Division of the Department of Natural Resources for the safe collection and disposition of sources of ionizing radiation in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site or facility for the concentration, storage, or burial of radioactive waste, which site is occupied by the permittee or was formerly under its possession, ownership, or control. The Environmental Protection Division of the Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements of permittees by range of monetary amounts. In establishing such requirements, the director of the Environmental Protection Division shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the permittee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the permittee to perform such services to the satisfaction of the director. The director shall have authority upon finding that conditions under this Code section have not been met or when Page 721 he determines that an imminent hazard to the public health and welfare exists to require forfeiture of bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare. A permittee who abandons a site or facility without taking the required actions to meet the requirements of the director of the Environmental Protection Division of the Department of Natural Resources shall be guilty of a misdemeanor. Any bonding or financial protection requirements established by the director pursuant to this Code section shall not apply to the state, or any agency of the state, or to the storage of spent fuel possessed under 10 CFR Part 50 or Part 70, which fuel was generated at an electric generating utilization facility and which is stored at such utilization facility in facilities licensed under 10 CFR Part 50 or at another such in-state utilization facility in facilities licensed under 10 CFR Part 50. 31-13-8. (a) The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain responsibilities of the federal government with respect to sources of ionizing radiation and the assumption of such responsibilities by this state. (b) Upon the signing of the contract as provided in subsection (a) of this Code section, the Department of Natural Resources shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain Page 722 such terms and conditions as the Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter. 31-13-8.1. The Department of Natural Resources shall establish, manage, and administer a program for the general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radioactive material including by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials, including the promulgation of such rules and regulations as the Board of Natural Resources may deem necessary to implement and enforce the program. Such rules or regulations shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the Department of Natural Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Natural Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Natural Resources may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the Department of Natural Resources may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter. 31-13-8.2. The Department of Human Resources is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, distribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation generating Page 723 equipment. Such rule or regulation shall provide for suspension or revocation of registration. Each application for registration shall be in writing on forms prescribed and furnished by the Department of Human Resources and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Human Resources may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Human Resources may require any applications or statements to be made under oath or affirmation. No registration issued under the authority of this chapter and no right to possess or utilize radiation generating equipment granted by any registration shall be assigned or in any manner disposed of without prior notification to the Department of Human Resources. 31-13-9. (a) The Department of Human Resources and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, each person who possesses or uses a source of radiation (1) to maintain appropriate records relating to its receipt, storage, use, transfer, or disposal and to maintain such other records as the Department of Human Resources or the Department of Natural Resources, as is applicable, may require, subject to such exemptions as may be provided by rules and regulations; and (2) to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the Department of Human Resources or the Department of Natural Resources, as is applicable, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this subsection shall be submitted to the Department of Human Resources or the Department of Natural Resources, as is appropriate, or the duly authorized agents of such department upon request. (b) The Department of Human Resources and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, any person possessing or using a source of radiation to furnish, at the request of any employee for whom personnel monitoring is required, a copy of such employee's personal exposure record Page 724 annually, upon termination of employment, and at any time such employee has received excessive exposure. 31-13-10. (a) The Department of Natural Resources may refuse to grant a license as provided in Code Section 31-13-8 or 31-13-8.1 and the Department of Human Resources may refuse to register radiation generating equipment as provided in Code Section 31-13-8.2 to any applicant who does not possess the applicable requirements or qualifications which the Department of Natural Resources or the Department of Human Resources, as applicable, may prescribe in rules and regulations. The Department of Natural Resources or the Department of Human Resources may suspend, revoke, or amend any license or registration, respectively, in the event the person to whom such license or registration was granted violates any of the rules and regulations of the Department of Natural Resources or the Department of Human Resources, whichever is applicable, or ceases or fails to have the reasonable facilities prescribed by the Department of Natural Resources or the Department of Human Resources, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title. (b) Whenever the Department of Natural Resources or the Department of Human Resources finds that an emergency exists involving any licensee or registrant requiring immediate action to protect the public health and safety, the Department of Natural Resources or the Department of Human Resources, as is appropriate, may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the Department of Natural Resources or the Department of Human Resources, as is appropriate, shall be afforded a hearing within ten days. On the basis of such hearing, the emergency order shall be continued, modified, or revoked within 30 days after such hearing, as the Department of Natural Page 725 Resources or the Department of Human Resources, as is appropriate, may deem appropriate under the evidence. (c) Any applicant or person to whom a license or registration was granted who is aggrieved by any order of the Department of Natural Resources or the Department of Human Resources or the duly authorized agent of such department denying any such application or suspending, revoking, or amending such license or registration may file a hearing request with the appropriate agency to contest such action pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 31-13-11. (a) In the event of an emergency, the Department of Human Resources shall have the authority to impound or order the impounding of radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued pursuant to this chapter. (b) The Department of Human Resources may release such radiation generating equipment to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radiation generating equipment and providing for its destruction or other disposition so as to protect the public health and safety. (c) In the event of an emergency, the Department of Natural Resources shall have the authority to impound or order the impounding of radioactive materials in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules and regulations issued pursuant to this chapter. (d) The Department of Natural Resources may release such radioactive materials to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radioactive materials and providing for their destruction or other disposition so as to protect the public health and safety. Page 726 31-13-12. It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the Department of Natural Resources or the Department of Human Resources, respectively, in accordance with this chapter and rules and regulations adopted and promulgated pursuant to this chapter. 31-13-13. (a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regulation promulgated pursuant to such Code section, or who violates the provisions of Code Section 31-13-12, or who hinders, obstructs, or otherwise interferes with any representative of the Department of Human Resources or the Department of Natural Resources in the discharge of his official duties in making inspections as provided in Code Section 31-13-5 or in impounding materials as provided in Code Section 31-13-11 shall be guilty of a misdemeanor. (b) (1) Any person who: (A) Violates any licensing or registration provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license or registration certificate under this chapter; or (B) Commits any violation for which a license or registration certificate may be revoked under rules or regulations issued pursuant to this chapter may be subject to a civil penalty, to be imposed by the Department of Natural Resources or the Department of Human Resources, as is applicable, not to exceed $10,000.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the Department of Human Resources proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing: Page 727 (A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, or registration certificate involved in the violation; and (C) Advising of each penalty which the Department of Human Resources proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Department of Human Resources to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Department of Human Resources shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty, if any, subsequently determined by the Department of Human Resources, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may contest such action in an administrative hearing pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (3) On the request of the Department of Human Resources, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund. 31-13-14. The director or his duly authorized representatives shall have the power to enter at reasonable times upon any private or public property for the purpose of inspection and investigation of conditions relating to the handling of radioactive materials in the state. Page 728 31-13-15. The director shall have the authority to investigate any apparent violation of this chapter and to take any action authorized under this chapter as he deems necessary and may institute proceedings of mandamus or other proper legal proceedings to enforce this chapter. 31-13-16. Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this chapter or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this chapter shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the director no later than 30 days after such order is served on such person or persons. 31-13-17. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it. 31-13-18. Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the director, such person may request and obtain a hearing by filing a petition with the director within 30 days after service of the order or notice of action. Such hearing and any other hearing under this chapter shall be conducted pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Page 729 31-13-19. Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. In this connection, all proceedings for judicial review shall be conducted in accordance with subsections (b) through (h) of Code Section 50-13-19, and any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state. 31-13-20. The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation maintains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappealed final order of the director or of a final order of the director affirmed upon appeal whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though such judgment had been rendered in an action duly heard and determined by such court. 31-13-21. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this chapter, the director may apply to the superior court of the county where such person resides or, if such person is a nonresident of the state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice for an order restraining and enjoining such act or practice. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 33-13-22. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter. Page 730 31-13-23. The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Human Resources as he deems appropriate by executive order. 31-13-24. This chapter shall not affect the validity of any judicial or administrative proceeding pending or which was commenced before the effective date of the applicable provisions of this chapter, and any successor department shall be substituted as the proper party at interest. Furthermore, upon the transfer of any function under this chapter, the agency assuming the transfer and performing the function in the future shall be construed as a continuation of the original agency for the purpose of federal aid and may continue to receive any such funds to carry out or perform such functions. 31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources will, by operation of law, be assumed by the Department of Natural Resources on the effective date of this chapter. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 731 EMINENT DOMAINSANITARY SEWAGE SYSTEMS. Code Sections 22-3-60, 22-3-61, and 22-3-62 Amended. No. 1190 (House Bill No. 1050). AN ACT To amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the power of eminent domain in connection with the construction and operation of waterworks, so as to apply the provisions of such article to sanitary sewerage systems as well as to waterworks; 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 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the power of eminent domain in connection with the construction and operation of waterworks, is amended by striking said article in its entirety and substituting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 22-3-60. Any person constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities. 22-3-61. If a person seeking to exercise the power of eminent domain under this article fails to procure, by contract, title to the land necessary or proper for the construction and successful operation of a waterworks or sanitary sewerage system, or both, and the parties cannot agree upon the damage Page 732 done, the same shall be assessed as provided in Chapter 2 of this title. 22-3-62. The powers granted by this article shall apply to those persons who have entered into a contract with the proper authorities for supplying water for public purposes and to such persons providing water or sanitary sewerage services through water or sanitary sewerage systems, or both, which have been permitted by the Environmental Protection Division of the Department of Natural Resources. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATIONINTERDEPARTMENTAL TRANSFERS; WORKING TEST PERIOD. Code Section 45-20-2 Amended. Code Section 45-20-16 Enacted. No. 1191 (House Bill No. 1094). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the definition of certain terms; to regulate interdepartmental transfers; to authorize departments to require working test periods for certain employees subject to an interdepartmental transfer; to provide that under certain conditions an employee subject to an interdepartmental transfer shall retain permanent status in a certain class; to provide for guidelines to be used by appointing authorities in reviewing classified employees during working test periods; to repeal conflicting laws; and for other purposes. Page 733 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by striking in its entirety paragraph (8.1) of Code Section 45-20-2, relating to definitions, and inserting in lieu thereof a new paragraph (8.1) to read as follows: (8.1) `Interdepartmental transfer' means a transfer from a classified position in one department to a classified position in another department at the same or a higher or lower pay grade. A transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer. Section 2 . Said article is further amended by striking in its entirety paragraph (16) of Code Section 45-20-2, relating to definitions, and inserting in lieu thereof a new paragraph (16) to read as follows: (16) `Working test' or `working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each: (A) Appointment; (B) Reappointment; (C) Promotion; and (D) Interdepartmental transfer as provided in Code Section 45-20-16. The commissioner may fix the length of the working test period for any class at not less than three months nor more than 12 months exclusive of any time in nonpay status or an unclassified position. The State Personnel Board shall provide guidelines Page 734 to be used by appointing authorities in reviewing classified employees during the working test period. Section 3 . Said article is further amended by striking in its entirety paragraph (17) of Code Section 45-20-2, relating to definitions, and inserting in lieu thereof a new paragraph (17) to read as follows: (17) `Working test employee' or `employee on working test' means a covered employee serving a working test period in the class of positions in which he is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted; provided, further, that an employee with five years or more of continuous state service who is serving a working test period following an interdepartmental transfer shall retain permanent status rights in the new department as provided in subsection (b) of Code Section 45-20-16. Section 4 . Said article is further amended by adding at the end thereof a new Code Section 45-20-16 to read as follows: 45-20-16. (a) Prior to the interdepartmental transfer of any employee with less than five years of continuous state service, the department to which the employee is transferring may require the employee to execute a written statement acknowledging that a new working test period is required in the new department and that the employee retains no rights to any former class or employment in either department. If the department to which the employee is transferring fails to require the employee to execute the statement, the employee shall be considered a permanent status employee in the new class in the department to which the employee transferred. (b) An employee with five years or more of continuous state service who accepts an interdepartmental transfer shall be required to serve a working test period in the class in the new department; provided, however, if the employee previously held permanent status in a class on a pay grade lower than the class to which the employee transferred in the new department, the Page 735 employee shall retain permanent status rights to the lower class in the new department. (c) Notwithstanding any other provision of this Code section, a transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer subject to the provisions of this Code section. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. PROBATION OF FIRST OFFENDERSCRIMINAL RECORDS. Code Sections 42-8-62 and 42-8-65 Amended. No. 1192 (House Bill No. 1184). AN ACT To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to prohibit altering, expunging, or destroying certain criminal records as a result of the discharge of a defendant without court adjudication of guilt; to change the manner of making and content of certain entries; to change certain provisions relating to release or disclosure of records of discharge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, is amended by striking subsection (a) of Code Section 42-8-62, Page 736 relating to the discharge of a defendant without adjudication of guilt, and inserting in its place a new subsection to read as follows: (a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following: `Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry or, if the docket or record is maintained using computer print-outs, microfilm, or similar means, such entry shall be underscored, boldface, or made in a similar conspicuous manner and shall be dated and include the name of the person making such entry. The criminal file, docket books, criminal minutes and final record, and all other records of the court relating to the offense of a defendant who has been discharged without court adjudication of guilt pursuant to this subsection shall not be altered as a result of that discharge, except for the entry of discharge thereon required by this subsection, nor shall the contents thereof be expunged or destroyed as a result of that discharge. Section 2 . Said article is further amended by striking Code Section 42-8-65, relating to use of prior findings of guilt in subsequent prosecutions, and inserting in its place a new Code section to read as follows: 42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. Page 737 (b) The records of the Georgia Crime Information Center shall be modified, without a court order, to show a conviction in lieu of treatment as a first offender under this article whenever the conviction of a person for another crime during the term of probation is reported to the Georgia Crime Information Center. If a report is made showing that such person has been afforded first offender treatment under this article on more than one occasion, the Georgia Crime Information Center may report information on first offender treatments subsequent to the first such first offender treatment as if they were convictions. Such records may be disseminated by the Georgia Crime Information Center in the same manner and subject to the same restrictions as any other records of convictions. (c) Notwithstanding any other provision of this article, any person who is sentenced to a term of confinement pursuant to paragraph (2) of subsection (a) of Code Section 42-8-60 shall be deemed to have been convicted of the offense during such term of confinement for all purposes except that records thereof shall be treated as any other records of first offenders under this article and except that such presumption shall not continue after completion of such person's confinement sentence. Upon completion of the confinement sentence such person shall be treated in the same manner and the procedures to be followed by the court shall be the same as in the case of a person placed on probation under this article. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 738 MOTOR VEHICLE INSURANCEASSIGNED RISK PLANS. Code Section 40-9-100 Amended. No. 1193 (House Bill No. 1196). AN ACT To amend Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, so as to provide eligibility requirements for persons to be insured under the assigned risk plan; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-9-100 of the Official Code of Georgia Annotated, relating to the assigned risk plan for motor vehicle insurance, is amended by adding following subsection (b) a new subsection (c) to read as follows: (c) A person who has committed no traffic offenses for the prior three years and has had no claims based on fault against an insurer for the prior three years shall not be eligible for a policy to be issued under the plan created by this Code section unless such person's application or the subsequent investigation on the application discloses reasons for which the person would not be able to procure a policy through ordinary methods. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 739 CHECK CASHERSREGULATION. Code Title 7, Chapter 1, Article 4A Enacted. No. 1194 (House Bill No. 1208). 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 regulation and licensing of cashers of checks; to provide for definitions; to provide for the requirements for licensure; to provide for investigations of applicants for licensure; to provide for fees for licensure; to provide for rules and regulations; to provide for renewal, denial, suspension, and revocation of licenses; to provide for examinations and fees; to provide for posting of licenses; to provide for the maintenance of records by licensees; to provide for procedures for licensees; to prohibit certain conduct and charges for cashing checks in excess of certain amounts; to provide for penalties; to provide exceptions from licensure; to provide for registration of persons claiming to be exempt from licensure; 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 adding between Article 4 and Article 5 a new Article 4A to read as follows: ARTICLE 4A 7-1-700. As used in this article, the term: (1) `Licensed casher of checks' means any individual, partnership, association, or corporation duly licensed by the Department of Banking and Finance to engage in business pursuant to the provisions of this article. (2) `Licensee' means a licensed casher of checks, drafts, or money orders. Page 740 7-1-701. (a) No person, partnership, association, or corporation shall engage in the business of cashing checks, drafts, or money orders for a consideration without first obtaining a license under this article. The term `consideration' shall include any premium charged for the sale of goods in excess of the cash price of such goods. (b) Each application for a license shall be in writing and under oath to the department, in such form as the department may prescribe, and shall include the following: (1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The location where the initial registered office of the applicant will be located in this state; (3) The complete address of any other locations at which the applicant proposes to engage in cashing checks; and (4) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, or agents. (c) The application shall be filed together with an investigation and supervision fee established by regulation which shall not be refundable but which, if the license is granted, shall satisfy the fee requirement for the first license year or the remaining part thereof. 7-1-702. (a) The department shall conduct an investigation of every applicant to determine the financial responsibility, experience, character, and general fitness of the applicant. If the department determines to its general satisfaction: (1) That the applicant is financially responsible and appears to be able to conduct the business of cashing checks in an honest, fair, and efficient manner and with the confidence and trust of the community; and Page 741 (2) That the granting of such application will promote the convenience and advantage of the area in which the business is to be conducted, the department shall issue the applicant a license to engage in the business of cashing checks. (b) The department shall not issue such a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or substantial stockholder of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this article because of such conviction. The term `substantial stockholder,' as used in this subsection, shall be deemed to refer to a person owning or controlling 10 percent or more of the total outstanding stock of the corporation in which such person is a stockholder. (c) Such license shall be kept conspicuously posted in the place of business of the licensee. Such license shall not be transferable or assignable. (d) A license issued pursuant to this article shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended, or revoked pursuant to this article. Page 742 7-1-703. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-683 with such modifications as the department may specify and as may be necessary. Such renewal application shall be filed on or after June 1 of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January 1. If a renewal application is filed with the department before July 1 of any year, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license. The annual license fee established by the department pursuant to this Code section for any licensee which cashes checks, drafts, or money orders incidental to the retail sale of goods and services shall not exceed $250.00. 7-1-704. (a) Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article. (b) To assure compliance with the provisions of this article and in consideration of any application to renew a license pursuant to the provisions of Code Section 7-1-703, the department may examine the books and records of any licensee to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee shall pay an examination fee as established by regulations of the department to cover the cost of such examination. 7-1-705. (a) In every location licensed under this article, there shall be conspicuously posted and at all times displayed a notice stating the charges for cashing checks. (b) Each licensee shall keep and use in its business such books, accounts, and records as the department may require to carry into effect the provisions of this article and the rules and Page 743 regulations. Every licensee shall preserve such books, accounts, and records for at least two years. (c) Before a licensee shall deposit with any bank a check, draft, or money order cashed by such licensee, the same must be endorsed with the actual name under which such licensee is doing business. (d) (1) No licensee shall receive any check, draft, or money order with payment deferred pending collection. Payment shall be made immediately in cash for every check, draft, or money order accepted by the licensee. (2) Notwithstanding the provisions of paragraph (1) of this subsection, drafts may be accepted for collection with payment deferred where the licensee has posted a surety bond in the same manner as prescribed for check sales licensee under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee, but in no event in excess of $100,000.00 for all such locations. (e) No licensee shall cash a check, draft, or money order made payable to a payee other than a natural person unless such licensee has previously obtained appropriate documentation from the executive entity of such payee clearly indicating the authority of the natural person or persons cashing the check, draft, or money order on behalf of the payee. (f) No licensee shall indicate through advertising, signs, billhead, or otherwise that checks may be cashed without identification of the bearer of such check, and any person seeking to cash a check shall be required to submit such reasonable identification as shall be prescribed by the department; provided, however, the provisions of this subsection shall not prohibit a licensee from cashing a check simultaneously with the verification and establishment of the identity of the presenter by means other than the presentation of identification. (g) Within five business days after being advised by the payor financial institution that a check, draft, or money order has been altered, forged, stolen, obtained through fraudulent or illegal means, negotiated without proper legal authority, or represents Page 744 the proceeds of illegal activity, the licensee shall notify the department and the district attorney for the judicial circuit in which the check was received. In the event a check, draft, or money order is returned to the licensee by the payor financial institution for any of the aforementioned reasons, the licensee may not release the check, draft, or money order without the consent of the district attorney or other investigating law enforcement authority. 7-1-706. No licensed casher of checks shall: (1) Charge check cashing fees, except as otherwise provided in this Code section, in excess of 5 percent of the face amount of the check or draft or $5.00, whichever is greater; (2) Charge check cashing fees in excess of 3 percent of the face amount of the check or draft or $5.00, whichever is greater, if such check or draft is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of such check or draft; or (3) Charge check cashing fees for personal checks or money orders in excess of 10 percent of the face amount of the personal check or money order or $5.00, whichever is greater. 7-1-707. (a) The department may suspend or revoke any licenses or license issued pursuant to this article if, after notice and a hearing: (1) It shall find that the licensee: (A) Has committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (B) Has violated any provisions of the banking law or any regulation issued pursuant thereto, or has violated any other law in the course of its or his dealings as a licensed casher of checks; Page 745 (C) Has made a false statement in the application for such license or failed to give a true reply to a question in such application; (D) Has demonstrated his or its incompetency or untrustworthiness to act as a licensed casher of checks; or (E) Has charged check cashing fees, exclusive of direct costs of verification, in unconscionable amounts which do not adequately reflect: (i) The level of risk associated with the cashing of checks of a particular class using ordinary prudence and commercially reasonable standards of identification and acceptance; (ii) The cost of funds necessary to operate a check cashing business; and (iii) The extraordinary costs for security safeguards associated with the business location of the licensee; or (2) It shall find that any ground or grounds exist which would require or warrant the refusal of an application for the issuance of the license if such an application were then before it. (b) No application for a license under this article shall be denied and no license granted under this article shall be suspended or revoked unless the applicant or licensee is given a reasonable opportunity to be heard by the department. For this purpose, the department shall give the applicant or licensee at least 20 days' written notice of the time and place of such hearing by registered or certified mail addressed to the principal place of business of such applicant or licensee. A copy of such notice of hearing shall be mailed to any association of licensees registered with the department for the purpose of receiving such notices, and such association shall be permitted to participate in the hearing, either on behalf of the applicant or in opposition to the application. Any order of the department denying, suspending, or revoking a license shall state the Page 746 grounds upon which it is based and shall not be effective for 20 days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee. (c) A decision of the department denying a license, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. 7-1-708. Any person, partnership, association, or corporation and the several members, officers, directors, agents, and employees thereof, who shall violate any of the provisions of this article, shall be guilty of a misdemeanor, and shall be punishable by imprisonment for not more than one year or by a fine of not more than $500.00, or by both such fine and imprisonment. 7-1-709. (a) This article shall not apply to any bank, trust company, credit union, building and loan association, or savings and loan association which is chartered under the laws of this state or under federal law and domiciled in this state. (b) The provisions of Code Sections 7-1-701, 7-1-702, 7-1-703, and 7-1-707 shall not apply to persons, partnerships, associations, or corporations engaged in the business of cashing checks, drafts, or money orders: (1) Incidental to the retail sale of goods or services for a consideration of not more than $1.00 per check, draft, or money order; or (2) Where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks, drafts, or money orders does not exceed the lesser of $12,000.00 for each location at which checks are cashed or 5 percent of the total gross income from the retail sale of goods or services by such person, partnership, association, or corporation during its most recently completed fiscal year. Page 747 In all other respects, such persons, partnerships, associations, or corporations shall be deemed to be licensees under this article. (c) Persons, partnerships, associations, or corporations claiming exemption under paragraph (2) of subsection (b) of this Code section shall register with the department on or before June 1 of each year certifying as to the basis for such exemption. A single registration accompanied by a registration fee to be established by regulations of the department shall cover all locations operated by such person, partnership, association, or corporation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT. Code Title 43, Chapter 26, Article 1 Amended. No. 1195 (House Bill No. 1250). AN ACT To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to strike and reenact Article 1 thereof, relating to registered nurses, so as to provide for a short title; to provide for legislative purpose; to provide for definitions; to continue the Georgia Board of Nursing and provide for terms, appointments, confirmations, qualifications, and vacancies of members; to provide for the board's organization, powers, duties, and functions; to provide for notifications to the board; to provide for statutory construction and incorporation; to provide for use of titles and certain other indications of licensure; to provide for licensure and permits and conditions and procedures relating thereto; to prohibit certain conduct and provide penalties therefor; Page 748 to provide for sanctions, examinations, and investigations; to provide for exceptions; to provide for the termination of the Georgia Board of Nursing and repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by striking Article 1 thereof, relating to registered nurses, and inserting in its place a new article to read as follows: ARTICLE 1 43-26-1. This article shall be known and may be cited as the `Georgia Registered Professional Nurse Practice Act.' 43-26-2. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through legislative regulation and control of registered professional nursing education and practice. This article ensures that any person practicing or offering to practice nursing or using the title registered professional nurse, as defined in this article, within the State of Georgia, shall be licensed as provided in this article. 43-26-3. As used in this article, the term: (1) `Advanced nursing practice' means practice by a registered professional nurse who meets those educational, practice, certification requirements, or any combination of such requirements, as specified by the board and includes certified nurse midwives, nurse practitioners, certified registered nurse anesthetists, clinical nurse specialists in psychiatric/mental health, and others recognized by the board. (2) `Board' means the Georgia Board of Nursing created in Code Section 43-26-4. (3) `Consumer member' means a United States citizen and Georgia resident who is knowledgeable about consumer health concerns, does not derive that person's primary livelihood Page 749 from the practice of nursing, and shall neither be, nor ever have been, a health care provider or enrolled in any health-related educational program. (4) `License' means a current document, issued by the board, permitting a person to practice nursing as a registered professional nurse or a licensed undergraduate nurse. (5) `Licensure' means the bestowing of a current license by the board permitting a person to practice nursing as a registered professional nurse or a licensed undergraduate nurse. (6) `Practice nursing' or `practice of nursing' means to perform for compensation or the performance for compensation of any act in the care and counsel of the ill, injured, or infirm, and in the promotion and maintenance of health with individuals, groups, or both throughout the life span. It requires substantial specialized knowledge of the humanities, natural sciences, social sciences, and nursing theory as a basis for assessment, nursing diagnosis, planning, intervention, and evaluation. It includes, but is not limited to, provision of nursing care; administration, supervision, evaluation, or any combination thereof, of nursing practice; teaching; counseling; the administration of medications and treatments as prescribed by a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, or a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter 35 of this title. (7) `Practice nursing as a licensed undergraduate nurse' means to practice nursing by performing for compensation selected acts in the care of the ill, injured, or infirm under the direction of a registered professional nurse, a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter 35 of this title. Page 750 (8) `Practice nursing as a registered professional nurse' means to practice nursing by performing for compensation any of the following: (A) Assessing the health status of individuals, groups, or both throughout the life span; (B) Establishing a nursing diagnosis; (C) Establishing nursing goals to meet identified health care needs; (D) Planning, implementing, and evaluating nursing care; (E) Providing for safe and effective nursing care rendered directly or indirectly; (F) Managing and supervising the practice of nursing; (G) Collaborating with other members of the health care team in the management of care; (H) Teaching the theory and practice of nursing; (I) Administering, ordering, and dispensing medications, diagnostic studies, and medical treatments authorized by protocol, when such acts are authorized by other general laws and such acts are in conformity with those laws; (J) Administering medications and treatments as prescribed by a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter of this title; or (K) Performing any other nursing act in the care and counsel of the ill, injured, or infirm, and in the promotion and maintenance of health with individuals, groups, or both throughout the life span. Page 751 (9) `Registered professional nurse' means a person who is authorized by a licese issued under this article to practice nursing as a registered professional nurse. 43-26-4. (a) The Georgia Board of Nursing existing immediately prior to the effective date of this subsection is continued in existence and shall continue to consist of eight members to be appointed by the Governor with the confirmation of the Senate. Members shall serve three-year terms and until their successors are duly appointed and qualified. Those persons serving as members of the board immediately prior to the effective date of this subsection shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. No member shall be appointed to more than two consecutive full terms, and for purposes of this limitation, an appointment to fill a vacancy for an unexpired term of two or more years shall constitute an appointment for a full term. (b) A vacancy on the board for any reason other than expiration of the term shall be filled for the remainder of the unexpired term by appointment of the Governor with the confirmation of the Senate. (c) Each of seven members appointed to the board shall be a registered professional nurse; shall have practiced nursing as a registered professional nurse for at least five years since graduation and immediately prior to appointment; shall be engaged in paid employment in clinical, educational, or administrative positions, or any combination thereof; shall be a citizen of the United States; and a resident of Georgia. The eighth member shall be a consumer member appointed by the Governor. (d) No fewer than two members of the board shall hold master's or doctoral degrees or both. No fewer than two members of the board shall be currently employed in nursing service administration. No fewer than two members of the board shall be currently employed in professional nursing education. No two members of the board shall be employed by the same private school, school within the University System of Georgia, private employer, agency of state government, or another public employer. In the event a board member changes employment Page 752 which causes a conflict with this subsection, the position of the member making such change shall be immediately vacant and a new member appointed to fill the vacancy. (e) The board shall meet annually and shall elect from its members a president, vice president, and other officers as deemed necessary. All officers shall serve for terms of one year and until their successors have been elected. The board may hold such other meetings during the year as necessary to transact its business. 43-26-5. (a) The board shall: (1) Be responsible for the enforcement of the provisions of this article and shall be specifically granted all of the necessary duties, powers, and authority to carry out this responsibility; (2) Be authorized to draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this article in the protection of public health, safety, and welfare; (3) Enforce qualifications for licensure; (4) Develop and enforce reasonable and uniform standards for nursing education and nursing practice; (5) Periodically evaluate nursing education programs and approve such programs as meet the board's requirements; (6) Deny or withdraw approval from noncompliant nursing education programs; (7) License duly qualified applicants by examination, endorsement, or reinstatement; (8) Be authorized to issue temporary permits; (9) Renew licenses of registered professional nurses and licensed undergraduate nurses in accordance with this article; Page 753 (10) Be authorized to set standards for competency of licensees continuing in or returning to practice; (11) Set standards for and regulate advanced nursing practice; (12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-34-26.1; (13) Implement the disciplinary process; (14) Be authorized to issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending; (15) Issue a limited license to practice nursing subject to such terms and conditions as the board may impose; (16) Provide consultation and conduct conferences, forums, studies, and research on nursing education and nursing practice; (17) Approve the selection of a qualified person to serve as executive director; (18) Be authorized to appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns and to facilitate communication amongst the board, licensees, and the community; (19) Maintain membership in the national organization which develops and regulates the nursing licensing examination; (20) Be authorized to collect data regarding existing nursing resources in Georgia and coordinate planning for nursing education and nursing practice; (21) Determine fees; and Page 754 (22) Adopt a seal which shall be in the care of the executive director and shall be affixed only in such a manner as prescribed by the board. (b) The board shall be the sole examining board for determining if a registered professional nurse or any other person has engaged illegally in the practice of nursing. If a registered professional nurse is charged with the unauthorized practice of any other health profession by any other examining board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this article shall be construed to limit any powers of any other state examining board. (c) Chapter 1 of this title is expressly adopted and incorporated by reference into this article as if all the provisions of such chapter were included in this article. 43-26-6. (a) Any person who is licensed as a registered professional nurse shall have the right to use the title `registered professional nurse' and the abbreviation `R.N.' No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is a registered professional nurse in Georgia. Nothing in this subsection shall be construed to repeal the right of any person who is licensed as a registered professional nurse on the effective date of this Act to be licensed and to use the title `registered professional nurse.' (b) Any person holding a license to practice nursing as a licensed undergraduate nurse, which license was issued by the board and valid on July 1, 1975, shall be deemed to be licensed to practice nursing as a licensed undergraduate nurse under this article and shall have the right to use the title `licensed undergraduate nurse' and the abbreviation `L.U.N.' No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is licensed to practice nursing as a licensed undergraduate nurse. After July 1, 1975, there shall be no new certificates issued for licensure to practice nursing as a licensed undergraduate nurse. Page 755 (c) An applicant who holds an examination temporary permit may use the title `graduate nurse' and the abbreviation `G.N.' until the license to practice nursing as a registered professional nurse has been issued. An applicant who fails the first examination may no longer use the title `graduate nurse' or abbreviation `G. N.' An individual who is qualified to use the title `graduate nurse' must practice under the on-site supervision of a registered professional nurse or physician. 43-26-7. Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (a) An applicant for licensure by examination shall: (1) Submit a completed written application and fee; (2) Have graduated from a nursing education program, approved by this board, or which meets criteria similar to, and not less stringent than, those established by this board; (3) Pass a board recognized licensing examination; provided, however, such examination may not be taken prior to graduation from the nursing education program; and (4) Meet such other criteria as established by the board. (b) An applicant for licensure by endorsement shall: (1) Submit a completed written application and fee; (2) Have passed a board recognized licensing examination following graduation from the nursing education program; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; Page 756 (4) Have practiced nursing as a registered professional nurse for a period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; and (5) Meet such other criteria as established by the board. (c) An applicant for reinstatement who has previously held a valid license in Georgia, shall: (1) Submit a completed written application and fee; (2) Have practiced nursing as a registered professional nurse for period of time as determined by the board or have graduated from a nursing education program within the four years immediately preceding the date of the application; and (3) Meet such other criteria as established by the board. 43-26-8. A temporary permit may be issued to an applicant for licensure by examination, endorsement, or reinstatement in accordance with criteria established by the board. 43-26-9. (a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board. (b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board. (c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-26-11 or Code Section 43-1-19. Page 757 43-26-10. It shall be a misdemeanor for any person, including any corporation, association, or individual to: (1) Practice nursing as a registered professional nurse, without a valid, current license, except as otherwise permited under Code Section 43-26-12; (2) Practice nursing as a registered professional nurse under cover of any diploma, license or record illegally or fraudulently obtained, signed, or issued; (3) Practice nursing as a registered professional nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew; (4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse unless such person is duly licensed so to practice under the provisions of this article; (5) Fraudulently furnish a license to practice nursing as a registered professional nurse; (6) Knowingly employ any person to practice nursing as a registered professional nurse who is not a registered professional nurse; (7) Conduct a nursing education program preparing persons to practice nursing as registered professional nurses unless the program has been approved by the board; or (8) Knowingly aid or abet any person to violate this article. 43-26-11. In addition to the authority granted in Code Section 43-1-19, the board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a licensee, or to discipline a licensee upon a finding by the board that the applicant or licensee has: (1) Been convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law Page 758 relating to controlled substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including but not limited to a plea of nolo contendere entered to the charge; or (2) Displayed an inability to practice nursing as a registered professional nurse or licensed undergraduate nurse with reasonable skill and safety due to illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. (A) In enforcement of this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by a board-approved health care professional. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary law or rule. Every person who is licensed to practice nursing as a registered professional nurse or licensed undergraduate nurse in this state, or who shall file an application shall be deemed to have given such person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond that person's control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin to practice with reasonable skill and safety nursing as a registered professional nurse or licensed dergraduate nurse. (B) In enforcement of this paragraph the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before Page 759 the board, notwithstanding any privilege under a contrary rule of law or statute. Every person who is licensed as a registered professional nurse or licensed undergraduate nurse in this state or who shall file an application shall be deemed to have given such person's consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication. 43-26-11.1. In any case where it is lawful for a duly licensed physician practicing medicine under the laws of this state to administer anesthesia such anesthesia may be administered by a certified registered nurse anesthetist, provided that such anesthesia is administered under the direction and responsibility of a duly licensed physician. 43-26-12. (a) No provision in this article shall be construed to require licensure in Georgia as a registered professional nurse in: (1) The practice of nursing by students that is an integral part of a curriculum in a board-approved nursing education program leading to initial licensure; (2) The rendering of assistance by anyone in the case of an emergency or disaster; (3) The incidental care of the sick by members of the family, friends, or persons primarily utilized as housekeepers, provided that such care does not constitute the practice of nursing within the meaning of this article; (4) Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing; (5) The performance of auxiliary services in the care of patients when such care and activities do not require the knowledge and skill required of a person practicing nursing as a registered professional nurse and when such care and activities are performed under orders or directions of a Page 760 licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse; (6) The practice of nursing as a registered professional nurse, by a person licensed so to practice in another state, who is employed by the United States government, or any bureau, division, or agency thereof while in the discharge of that person's official duties; and (7) The practice of nursing as a registered professional nurse, by a person currently licensed so to practice in another state, who is employed by an individual, agency, or corporation located in another state and whose employment responsibilities including transporting patients into, out of, or through this state for a period not to exceed 24 hours. (8) The practice of nursing as a registered professional nurse by a person currently licensed so to practice in another state, who is visiting Georgia as a nonresident, in order to provide specific, nonclinical, short-term, time limited services including, but not limited to, consultation, accreditation site visits, and the participation in continuing education programs. (b) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception pursuant to subsection (a) of this Code section has the burden of proving this exemption or exception. In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception pursuant to subsection (a) of this Code section is on the person claiming the exemption or exception. 43-26-13. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Nursing shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Page 761 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, 1990. STATE BOARD OF REGISTRATION FOR USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERSTERMINATION DATE. Code Section 43-48-21 Amended. No. 1196 (House Bill No. 1296). AN ACT To amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, so as to continue the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers but provide for a later termination of the board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, is amended by striking Code Section 43-48-21, relating to termination, and inserting in lieu thereof a new Code Section 43-48-21 to read as follows: Page 762 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, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. GAME AND FISHCREEL LIMIT FOR RED DRUM. Code Sections 27-4-10 and 27-4-11 Amended. No. 1197 (House Bill No. 1372). AN ACT To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to delete the provisions of Code Section 27-4-10 which provide for a creel and possession limit for red drum; to delete the provisions of Code Section 27-4-11 which provide minimum size limits for red drum and spotted sea trout; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, Page 763 is amended by striking in its entirety paragraph (13) of Code Section 27-4-10, relating to creel limits for red drum, and which reads as follows: 27-4-10. (13) Two red drum, commonly known as spottail bass or channel bass, greater than 32 inches in length. Section 2 . Said article is further amended by striking in their entirety subsections (f) and (g) of Code Section 27-4-11 which read as follows: (f) It shall be unlawful to take or have in possession from any salt waters any red drum, commonly known as spot-tail bass or channel bass, less than 14 inches in length except that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for red drum. (g) It shall be unlawful to take or have in possession from any salt waters any spotted sea trout, also known as winter trout or speckled trout, less than 12 inches in length except that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for spotted sea trout. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 764 GUARDIAN AND WARDAPPOINTMENT, MODIFICATION, AND TERMINATION OF GUARDIANSHIP. Code Sections 29-5-6 and 29-5-9 Amended. No. 1198 (House Bill No. 1391). AN ACT To amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for minor revisions in the procedure for the appointment of a guardian; to revise extensively the provisions relating to modification or termination of guardianships; to provide that the death of the ward shall automatically terminate the guardianship for all purposes except the final accounting by the guardian of the property; to provide that if the ward dies intestate, the guardian of the property, or if none, the guardian of the person assumes the duties of administration; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking paragraph (4) of subsection (f) of Code Section 29-5-6, relating to procedure for appointment of guardian, in its entirety 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 during the ward's lifetime, 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 such adult, the expiration date of such guardianship if limited by the court's order, the date on Page 765 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 . Said chapter is further amended by striking Code Section 29-5-9, relating to modification or termination of guardianships, in its entirety and inserting in lieu thereof a new Code Section 29-5-9 to read as follows: 29-5-9. (a) Upon the petition of any interested person, including the incapacitated person, or upon the probate court's own motion after review of the guardianship reports, a guardianship of the person or property of an adult ward may be modified or terminated, as appropriate, by the court: (1) By the procedures provided in Article 2 of Chapter 2 of this title in the event of such conflicts of interest or unfitness as substantially impair the guardian's ability to perform his duties under this chapter effectively or in the event of any other misconduct of the guardian; (2) By the procedures provided for in Article 3 of Chapter 2 of this title in the event of the resignation or death of the guardian, except that the persons to be notified shall be the same as set forth in paragraph (2) of subsection (a) of Code Section 29-5-6; (3) By adjusting the guardianship order in the event of a significant change in the extent of the incapacity of the ward or the circumstances of the ward or the guardian; or (4) By restoring all personal and property rights and terminating the guardianship upon a proper showing that the need for the guardianship has ended. (b) In petitions under paragraphs (3) and (4) of subsection (a) of this Code section, where the primary issue is a change in the condition of the ward, the petition must be accompanied by an affidavit of two persons who have knowledge Page 766 of the ward or of a physician licensed to practice medicine under Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 43, setting forth the supporting facts and determinations. Thereafter, the provisions of subsections (c) and (e) of Code Section 29-5-6 shall apply, except that the court may dismiss the petition prior to hearing if after reviewing the evaluation report the court finds that there is not probable cause to believe that there are grounds for modification or termination of the guardianship. In all proceedings under this Code section the burden of proof shall be upon the guardian and the prior adjudication of incapacity shall not be competent evidence in these proceedings. (c) In all guardianship modification or termination procedures referred to in this Code section, notice shall be given personally to the guardian and the ward; counsel shall be appointed for the ward where he cannot afford counsel; and all the rights of the ward enumerated in Code Section 29-5-6 shall apply to the hearing upon the petition. (d) A guardianship with a specific duration shall end automatically on its expiration. (e) The death of the ward automatically terminates the guardianship for all purposes except the final accounting by the guardian of the property, if any. In the event that the ward dies intestate, the guardian of the property, or if none, the guardian of the person other than a representative of the Department of Human Resources acting in his official capacity shall assume the duties of administrator of the ward's estate pursuant to Code Section 29-2-23. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 767 PUBLIC RETIREMENT SYSTEMS STANDARDS LAWACTUARIAL INVESTIGATIONS. Code Sections 47-20-30, 47-20-35, and 47-20-36 Amended. No. 1199 (House Bill No. 1415). AN ACT To amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly under the Public Retirement Systems Standards Law, so as to provide for an additional definition of a nonfiscal retirement bill; to change certain dates relative to actuarial investigations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to retirement bills in the General Assembly under the Public Retirement Systems Standards Law, is amended by adding immediately following paragraph (4) of Code Section 47-20-30, relating to definitions applicable to retirement bills in the General Assembly, a new paragraph (4.1) to read as follows: (4.1) `Nonfiscal retirement bill' also means a retirement bill which removes or increases a mandatory retirement age of a retirement system or which removes or modifies provisions of a retirement system requiring forfeiture of benefits upon failure to retire upon reaching a mandatory retirement age or which provides for any combination of the foregoing. Section 2 . Said article is further amended by striking subsection (a) of Code Section 47-20-35, relating to the perfection of bills by the committee, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A retirement bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session Page 768 during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 47-20-36 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the House Committee on Retirement shall be authorized to meet with the Senate Committee on Retirement to consider and perfect a bill during the period following the close of a regular session, and, if the bill originated in the House, the Senate Committee on Retirement shall have the same authority. The committees may adopt such procedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective committees as authorized by this subsection, the members of the Senate and House committees on retirement shall receive the expenses and allowances provided by law for members of legislative interim committees. If a retirement bill having a fiscal impact is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized. Section 3 . Said article is further amended by striking subsections (a) and (b) of Code Section 47-20-36, relating to reports of actuarial investigations on retirement bills having a fiscal impact, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) If an actuarial investigation of a retirement bill having a fiscal impact is requested under Code Section 47-20-35, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than November 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following Page 769 factors as such factors are relevant to the retirement bill under consideration: (1) The dollar amount of the unfunded actuarial accrued liability which will result from the bill for the retirement system affected by the bill; (2) The dollar amount of the annual normal cost which will result from the bill for the retirement system affected by the bill; (3) A statement of the employer contribution rate currently in effect for the retirement system affected by the bill; (4) A statement of the employer contribution rate, which must be in conformity with the minimum funding standards specified by Code Section 47-20-10, recommended for the retirement system affected by the bill; and (5) A statement of the dollar amount of the increase in the annual employer contribution, if an existing retirement system is affected by the bill, or a statement of the total annual employer contribution, if a new retirement system is established by the bill, which will be necessary to maintain the retirement system affected or established by the bill in an actuarially sound condition. (b) By not later than November 1 of the same year that the request for an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairman of the committee who requested it along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 770 WORKERS' COMPENSATIONSELF-INSURERS GUARANTY TRUST FUND; CREATED. Code Sections 34-9-380 through 34-9-389 Enacted. No. 1200 (House Bill No. 1421). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to create and establish the Self-insurers Guaranty Trust Fund; to provide for legislative intent; to define certain terms; to provide for the purposes and investments of the fund; to provide for the appointment of the board of trustees of the fund and the terms of office, method of filling vacancies, removal, powers, and compensation of the board of trustees; to provide for a chairman; to provide for matters relative to the conduct of business of the board; to provide for procedures and conditions for the payment of moneys from the funds; to provide for assessments of participants; to provide for reimbursements; to provide for other matters relative to the operation of the fund; to provide for review of self-insurers; to provide that the state shall not be responsible for any debt or obligation incurred by the 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding at the end thereof a new article, to be designated Article 10, to read as follows: ARTICLE 10 34-9-380. It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees, when a self-insured employer becomes insolvent. Page 771 34-9-381. As used in this article, the term: (1) `Applicant' means an employee entitled to workers' compensation benefits. (2) `Board' means the State Board of Workers' Compensation. (3) `Board of trustees' means the board of trustees of the fund. (4) `Fund' means the Self-insurers Guaranty Trust Fund established by this article. (5) `Insolvent self-insurer' means a self-insurer who files for relief under the federal Bankruptcy Act, a self-insurer against whom involuntary bankruptcy proceedings are filed, or a self-insurer for whom a receiver is appointed in a federal or state court of this or any other jurisdiction and who is determined to be insolvent by rules and regulations promulgated by the board of trustees and approved by the board. (6) `Participant' means a self-insurer who is a member of the fund and exclusive of those entities described in Article 5 of this chapter. (7) `Self-insurer' means a private employer that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, or captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter. (8) `Trustee' means a member of the Self-insurers Guaranty Trust Fund board of trustees. 34-9-382. (a) There is established a Self-insurers Guaranty Trust Fund for the sole purpose of making payments in Page 772 accordance with this article. The fund shall be administered by an administrator appointed by the chairman of the board of trustees with the approval of the board of trustees. All moneys in the fund shall be held in trust and shall not be money or property of the state or the participants. The board of trustees shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments in government backed securities. (b) All returns on investments shall be retained by the fund. The funds of the Self-insurers Guaranty Trust Fund shall be for the purposes of compensating employees who are eligible to receive workers' compensation benefits from their employers pursuant to the provisions of this chapter when, pursuant to this Code section, the board has determined that compensation benefits due are unpaid or interrupted due to the insolvency of a participant. Moneys in the fund may be used to compensate an employee for any type of injury or occupational disease or death, including medical or rehabilitation expenses which are compensable under this chapter against a participant, and all claims for related administrative fees, operating costs of the board of trustees, attorneys' fees incurred by the board of trustees or at its direction, and other costs reasonably incurred by the board of trustees. Payment from the Self-insurers Guaranty Trust Fund shall be made in accordance with this chapter. (c) As a condition of self-insurance, a private employer, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter, must make application to and be accepted in the Self-insurers Guaranty Trust Fund. 34-9-383. (a) Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairman and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed for terms of office which shall end on January 1, 1993, and the chairman and the three other initial Page 773 trustees shall be appointed for terms of office which shall end on January 1, 1995. Thereafter, each trustee and chairman shall be elected to a four-year term and shall continue to serve unless otherwise ineligible under subsection (b) of this Code section. No later than 90 days prior to the end of any member's term of office, the chairman shall select a nominating committee from among the participants to select candidates for election by the participants for the following term. In the event the chairman fails to complete his term of office, a successor will be elected by the board of trustees to fill the unexpired term of office. (b) A vacancy in the office of any elected member of the board of trustees shall occur upon resignation, death, conviction of a felony, or when the employer no longer qualifies as a self-insured participant or the trustee is no longer an employee of a participant. The board of trustees may remove any member from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall elect a successor to fill that office for the unexpired term. 34-9-384. The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: (1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities, including, but not limited to, the establishment of an application fee. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund. Page 774 (2) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairman, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairman not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairman shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request. (3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees. (4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his official duties. (5) The board of trustees shall have the right to bring and defend actions only in the name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund. 34-9-385. (a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. (b) Any person who files an application for adjustment of a claim against a participant who has filed for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings have been filed or for whom a receiver has been appointed must file a written notice of such fact with the board and the board of trustees within 30 days of such person's knowledge of the event. Page 775 (c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent according to procedures established by the board of trustees and approved by the board. Such determination shall be made within a reasonable time after the date the board and board of trustees receive notification as provided in subsection (a) or (b) or this Code section. (d) When a participant is determined to be an insolvent self-insurer, the board of trustees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations excluding penalties, fines, and claimant's attorneys' fees and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of paying outstanding obligations of the participant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative fees of the board of trustees including attorneys' fees, and following exhaustion of all amounts assessed and received pursuant to subsections (a) and (b) of Code Section 34-9-121 and any applicable rule of the board may be refunded by the fund as directed by the board of trustees, subject to the approval of the board, to the appropriate party one year from the date of final payment, provided no outstanding liabilities remain against the fund. (e) The board of trustees shall be a party in interest in all proceedings involving workers' compensation claims against a participant whose workers' compensation obligations have been paid or assumed by the board of trustees and shall be subrogated to the rights of the participant. In such proceedings the board of trustees shall assume and may exercise all rights and defenses of the participant, including, but not limited to: (1) The right to appear, defend, and appeal claims; (2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and Page 776 (3) The right to investigate, handle, and controvert claims. (f) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall appear and move to lift the stay so that the orderly administration of claims can proceed. (g) The board of trustees shall notify all employees who have pending claims against a participant for workers' compensation benefits which are subject to the provisions of this article of the name, address, and telephone number of the party administering and defending their claim. 34-9-386. (a) (1) The board of trustees shall, commencing at the beginning of the first calendar year following the effective date of this article, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $3 million, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of this subsection. (2) Assessment for each new participant in the first calendar year of participation shall be $4,000.00. Thereafter, assessments shall be in accordance with paragraphs (3) and (4) of this subsection. (3) After the first calendar year of participation, the assessment of each participant shall be made on the basis of a percentage of the total of indemnity benefits paid by each participant during the previous calendar year. Except as provided in paragraph (2) of this subsection for the first calendar year of participation, in no event shall a participant be assessed at any one time an amount in excess of 1.5 percent of the indemnity benefits paid by that participant during the previous calendar year or $1,000.00, whichever is greater. The total amount of assessments in any calendar year against any one participant shall not exceed the amount of $4,000.00. (4) If after the full funded level of $3 million has been attained, the fund is reduced to an amount below $2 million Page 777 as the result of the payment of claims, the administration of claims, or the costs of administration of the fund the board of trustees shall assess the participants in an amount sufficient to increase the funded level to $3 million. (5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this subsection is not made within 30 days of the sending of the notice to the participant, the board of trustees shall proceed in court for judgment against the participant, including the amount of the assessment, the costs of suit, interest, and reasonable attorneys' fees. (b) (1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1991; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million. (2) All participants shall be required to maintain surety bonds or the board of trustees may, in its discretion, accept any irrevocable letter of credit or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consultation with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security. (c) A participant who ceases to be a self-insurer shall be liable for any and all assessments made pursuant to this Code section as long as indemnity compensation is paid for claims which originated when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity benefits paid by the participant during the previous calendar year. (d) Upon refusal to pay assessments to the fund when due, the fund may treat the self-insurer as being in noncompliance with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure. Page 778 34-9-387. (a) The board of trustees shall have the right and obligation to obtain reimbursement from any participant for compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (b) The board of trustees shall have the right and obligation to obtain from the security deposit of any participant, its excess insurance carrier, and from any other guarantor the amount of the participant's workers' compensation obligation assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations. 34-9-388. (a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency. (b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a copy of each participant's certified financial information, three to five years of loss history, name of person or company to administer claims and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to Page 779 review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information. (c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents. (d) The board of trustees shall have the authority to review all applications for self-insurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance. 34-9-389. The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund. Section 2 . This Act shall become effective on July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 780 MOBILE HOMESTRANSPORTING WITHOUT TAX DECAL PROHIBITED. Code Section 48-5-493 Amended. No. 1201 (House Bill No. 1425). AN ACT To amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to prohibit moving or transporting certain mobile homes which do not have attached and displayed thereon the decals required under Code Section 48-5-492; to provide for criminal penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, is amended by striking Code Section 48-5-493, relating to the failure to attach and display certain decals, and inserting in its place a new Code Section 48-5-493 to read as follows: 48-5-493. (a) (1) It shall be unlawful to fail to attach and display on a mobile home the decal as required by Code Section 48-5-492. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor more than $200.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $25.00. (b) (1) It shall be unlawful for any person to move or transport any mobile home which is required to and which does not have attached and displayed thereon the decal provided for in Code Section 48-5-492. Page 781 (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment for not more than 12 months, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. WORKERS' COMPENSATIONCONFIRMATION OF INSURER'S REFUSAL TO COVER RISK. Code Section 34-9-133 Amended. No. 1202 (House Bill No. 1426). AN ACT To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, so as to allow the agent of an applicant for workers' compensation insurance to confirm in writing an insurer's refusal to cover the risk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liability generally, is amended by striking Code Section 34-9-133, relating to the apportionment and assignment of rejected workers' compensation risks, and inserting in its place a new Code Section 34-9-133 to read as follows: 34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies Page 782 and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Commissioner of Insurance is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk or where the agent for the applicant for such insurance confirms in writing to the four insurers their refusal to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Commissioner of Insurance. Then, such established or approved method shall immediately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. GENERAL ASSEMBLYPUBLISHING OF GEORGIA LAWS. Code Sections 28-4-3, 45-13-22, and 45-13-24 Amended. Code Section 45-13-23 Repealed. No. 1203 (House Bill No. 1446). AN ACT To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, so as to direct the legislative counsel to provide for the compiling, indexing, editing, and publication of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to eliminate provisions relating to the publication of the Georgia Laws and change provisions Page 783 relating to the distribution of the Georgia Laws and the House and Senate Journals; to provide for distribution upon written order of those on the official distribution lists; to provide for sales at cost; 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 . Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services and the Legislative Services Committee, is amended by striking Code Section 28-4-3, relating to the Office of Legislative Counsel, and inserting in its place a new Code section to read as follows: 28-4-3. (a) There is created the Office of Legislative Counsel. The legislative counsel shall be an attorney skilled and experienced in legislative matters and bill drafting. (b) It shall be the duty of the legislative counsel to: (1) Provide bill-drafting services which shall be equally available to every member of the General Assembly; and (2) Advise and counsel members of the General Assembly on legislative matters. (c) The legislative counsel is authorized to: (1) Provide for statutory and Code revision, render opinions, assist standing and interim committees, and perform similar legislative functions; (2) Perform research, issue reports, and make recommendations as a result thereof; (3) Exchange information, data, and material with similar agencies in other states; (4) Provide legal services for the legislative branch of government and, with the approval of the committee or the Page 784 chairman, to represent the interests of the legislative branch in matters involving litigation; and (5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field. (d) Any other provisions of law to the contrary notwithstanding, he is authorized to engage the services of others, including private counsel, by contract or otherwise, to assist him in the performance of his duties and is authorized to provide for the payment of fees, compensation, and expenses therefor from legislative funds. (e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection, such Acts and resolutions shall be published in hard-bound volumes suitable for retention as permanent records as well as in soft-bound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such soft-bound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution. (f) The legislative counsel shall have such other authority and duties as the committee may provide. Page 785 Section 2 . Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, is amended by striking in its entirety Code Section 45-13-22, relating to compilation and distribution of session laws and journals, 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 distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers of soft-bound and hard-bound Georgia Laws needed for distribution. Hard-bound and soft-bound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section. (b) 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 distributions provided for in this Code section. Additional copies of the hard-bound volumes and soft-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same at their cost to the state. (c) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Laws from each legislative session: Page 786 (1) Law Department (including the State Law Library)33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or departmentone set; (3) Each foreign government authority and each state participating in an exchange and depository programone set; (4) Library of Congresstwo sets; (5) Georgia Institute of Technologyone set; (6) University of Georgia52 sets; (7) Supreme Court of Georgia12 sets, which number may be increased by written order of the Chief Justice; (8) Court of Appeals of Georgia13 sets, which number may be increased by written order of the Chief Judge; (9) Administrative Office of the Courtsone set; (10) Each superior court judgeone set; (11) Each clerk of superior courtone set; (12) District Attorney of the Atlanta Judicial Circuittwo sets; (13) Each other district attorneyone set; (14) Each judge of probate courtthree sets, of which one set may be retained for the judge's own use, one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15) Each state courtone set; Page 787 (16) Each magistrate courtone set; (17) United States Supreme Courtone set; (18) United States Court of Appeals for the Eleventh Circuitone set; (19) United States District Courts for the State of Georgiasix sets; (20) Clerk of the House of Representativesfive sets; (21) Each member of the General Assemblyone set; (22) House Judiciary Committeeone set; (23) House Majority Leaderone set; (24) House Minority Leaderone set; (25) Legislative budget analystone set; (26) Legislative counsel15 sets, which number may be increased by written order of the legislative counsel; (27) Legislative fiscal officerone set; (28) President of the Senateone set; (29) President pro tempore of the Senateone set; (30) Secretary of the Senatethree sets; (31) Speaker of the Houseone set; and (32) Senate Judiciary Committeeone set. (d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session: Page 788 (1) Law Department (including the State Law Library)four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or departmentone set; (3) State Archivesone set; (4) Georgia Historical Societytwo sets; (5) Each foreign government and each state participating in an exchange and depository programone set; (6) Library of Congresstwo sets; (7) Augusta Collegeone set; (8) Georgia Institute of Technologyone set; (9) Georgia State Universityone set; (10) University of Georgiaseven sets; (11) Department of Administrative Servicesone set; (12) Department of Human Resourcesone set; (13) Supreme Court of Georgiaas requested in writing by the Chief Justice; (14) Court of Appeals of Georgiaas requested in writing by the Chief Judge; (15) Each judge of probate courtone set; (16) Legislative counselfive sets; (17) Legislative fiscal officernine sets; (18) Each member of the House of Representativesone set; (19) Speaker of the Houseone set; Page 789 (20) Clerk of the House of Representativesthree sets; (21) House Judiciary Committeeone set; (22) House Majority Leaderone set; (23) House Minority Leaderone set; (24) Each member of the Senateone set; (25) President of the Senateone set; (26) President pro tempore of the Senateone set; (27) Secretary of the Senatethree sets; and (28) Senate Judiciary Committeeone set. (e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsections (c) and (d) of this Code section. (f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsections (c) and (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection. Page 790 (g) The Secretary of State shall reserve 30 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 15 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. (h) 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 3 . Said article is further amended by repealing Code Section 45-13-23, relating to provision of legislative Acts to the Office of Legislative Counsel, and inserting in its place the following: 45-13-23. Reserved. Section 4 . Said article is further amended by striking Code Section 45-13-24, relating to distribution of legislative Acts, and inserting in its place a new Code section to read as follows: 45-13-24. Within one calendar week after any local Act or general Act of local application which requires a local referendum or a special election is approved by the Governor or becomes law without his approval, it shall be the duty of the Secretary of State to mail a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application. Page 791 Section 5 . This Act shall become effective on October 1, 1990, and shall apply with respect to Georgia Laws and journals for sessions of the General Assembly taking place after such date. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. DEPARTMENT OF HUMAN RESOURCESVARIANCES AND WAIVERS TO RULES AND REGULATIONS. Code Section 31-2-4 Amended. No. 1204 (House Bill No. 1457). AN ACT To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change substantially the conditions under which the department may grant variances and waivers to rules and regulations establishing standards for certain facilities; to provide that such variances may be granted if strict compliance would cause undue hardship; to provide that such waivers may be granted if the purpose of the rule or regulation is otherwise met; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking in its entirety Code Section 31-2-4, relating to variances and waivers to certain rules and regulations, and inserting in lieu thereof a new Code Section 31-2-4 to read as follows: Page 792 31-2-4. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations must be adapted to the purposes intended and be within the purview of the powers and duties imposed upon the department by this chapter. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows: (1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver Page 793 affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; or (5) Variance or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. COUNTY CHILDREN AND YOUTH COMMISSIONSEXPENDITURE OF COUNTY TAXES. Code Section 48-5-220 Amended. No. 1205 (House Bill No. 1508). AN ACT To amend Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, so as to provide for an additional authorized purpose; to provide for a limitation; to repeal conflicting laws; and for other purposes. Page 794 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-220 of the Official Code of Georgia Annotated, relating to the public purposes for which county taxes may be levied and collected, is amended by striking and at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting in its place ; and, and by adding a new paragraph describing an additional public purpose immediately following paragraph (21), to be designated paragraph (22), to read as follows: (22) To provide for financial assistance to county children and youth commissions providing children and youth services, including but not limited to, the study of the needs, issues, and problems relating to children and youth; the gathering of data, identification of problem areas, and planning and implementation of programs for dealing with problems of children and youth; and the dissemination of information relating to issues of children and youth. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. GEORGIA ADMINISTRATIVE PROCEDURE ACTSTATE BOARD OF EDUCATION AND DEPARTMENT OF EDUCATION. Code Section 50-13-2 Amended. No. 1206 (House Bill No. 1520). 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 expressly that the State Board of Education Page 795 and Department of Education are subject to the Act subject to certain qualifications; to ratify and validate for a certain period of time rules previously adopted by the State Board of Education and Department of Education; to require rules of the State Board of Education and Department of Education to comply with the Act by January 1, 1991; to provide an effective date; to provide for severability; 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 paragraph (1) of Code Section 50-13-2, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term `agency' shall include the State Board of Education and Department of Education, subject to the following qualifications: (A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules Page 796 were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act are intended as curative and are intended to operate retrospectively except to the extent that such retrospective operation is expressly prohibited by the Constitution of Georgia or the United States Constitution; provided, however, that this Act shall not have retrospective operation with regard to any individual cause of action pending in the courts of this state as of January 1, 1990. Section 3 . In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portions so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portions hereof would be declared or adjudged invalid or unconstitutional. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 797 MOTOR VEHICLES AND TRAFFICPRESTIGE LICENSE PLATES FOR PEARL HARBOR SURVIVORS. Code Section 40-2-75.4 Enacted. No. 1207 (House Bill No. 1554). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941; to provide procedures connected therewith; to provide for the design of such license plates; to provide for the transfer or return of such license plates under certain conditions; 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 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding between Code Sections 40-2-75.2 and 40-2-76 a new Code Section 40-2-75.4 to read as follows: 40-2-75.4. (a) Motor vehicle owners who are veterans of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941, shall be eligible to receive special and distinctive vehicle license plates for private passenger car, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates 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. Page 798 (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 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 nor issue such distinctive license plates and all fees shall be refunded to applicants. 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 license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. 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 (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, 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 veteran 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. Page 799 (e) 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 name decal shall be affixed and displayed on license plates issued under this Code section. Section 2 . This Act shall become effective January 1, 1991, except that for purposes of the acceptance of license plate applications and design of such plate by the commissioner, it 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, 1990. MOTOR FUEL TAX. Code Title 48, Chapter 9 Amended. No. 1208 (House Bill No. 1612). AN ACT To amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions; to provide that the acceptance of a bond other than a bond executed by a surety shall be in the discretion of the state revenue commissioner; to provide circumstances under which the state revenue commissioner may accept irrevocable letters of credit in lieu of surety bonds or other bonds; to eliminate current provisions for quarterly and annual reports in lieu of monthly reports; to authorize the state revenue commissioner to establish by regulation the circumstances under which motor fuel distributors may file quarterly or annual reports rather than monthly reports; eliminate refunds of motor fuel taxes paid on motor fuel for official use by persons employed by foreign governments; to provide for waiver by the state revenue commissioner of Page 800 certain taxes incurred by persons operating in Georgia without a required motor fuel distributor's license and assess in lieu thereof certain administrative penalties; to authorize the state revenue commissioner to enter into certain cooperative agreements with other states with respect to the administration of such tax; to provide for the contents and effect of such agreements; to provide for powers, duties, and authority of the state revenue commissioner with respect to such agreements; to authorize the state revenue commissioner to establish by regulation the circumstances under which motor carriers may file annual rather than quarterly reports; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, is amended in paragraph (5) of Code Section 48-9-2, relating to definitions regarding the motor fuel tax, by striking or at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting in its place ; or, and by adding at the end thereof a new subparagraph to be designated subparagraph (G), to read as follows: (G) Imports motor fuel into this state for production, refining, preparation, distilling, manufacturing, blending, compounding, consumption, or use within this state. Section 2 . Said chapter is further amended by striking paragraph (6) of subsection (c) of Code Section 48-9-4, relating to certain distributors' licenses, and inserting in its place two new paragraphs, to be designated paragraphs (6) and (7), to read as follows: (6) In the discretion of the commissioner, in lieu of a bond executed by a surety, a distributor may furnish his bond not so executed if the distributor concurrently deposits and pledges with the commissioner direct obligations of the United States, bonds guaranteed by the United States, bonds of this state, bonds of any public authority created by the General Assembly, or bonds issued pursuant to Article 3 of Chapter 82 of Title 36, in an amount equal to Page 801 three times the full amount of the bond or bonds otherwise required by this Code section. (7) In lieu of a surety bond or a bond under paragraph (6) of this subsection, a distributor may, at the discretion of the commissioner, furnish an irrevocable letter of credit. Such letter of credit shall be: (A) In an amount equal to three times the full amount of the surety bond or surety bonds otherwise required by this Code section; (B) Issued by a financial institution approved by the commissioner; and (C) Conditioned upon the timely filing of true reports and payments by the distributor to the commissioner of all motor fuel taxes together with all penalties and interest imposed by this article and upon faithful compliance with all provisions of this article. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 48-9-8, relating to distributors' tax reports, and inserting in its place a new subsection (a) to read as follows: (a) For the purpose of determining the amount of tax imposed by paragraph (1) of subsection (a) of Code Section 48-9-3, each distributor shall file with the commissioner by the twentieth day of each calendar month a report for the preceding month's activities. By regulation, the commissioner may permit distributors having a quarterly or annual tax not in excess of amounts set by the commissioner to file quarterly or annual reports. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 48-9-10, relating to motor fuel tax refunds, and inserting in its place a new subsection (a) to read as follows: (a) (1) Retail dealers and persons using gasoline for agricultural purposes are entitled to a refund of motor fuel taxes as provided by this Code section. The right to receive Page 802 any refund shall not be assignable and any assignment shall be void and of no effect. No payment shall be made by the commissioner to any person other than the original person entitled to the refund. To enable the commissioner to make the refunds as authorized by this Code section, the fiscal division, under warrants drawn by the Governor, shall remit to the commissioner from funds appropriated by law an amount equivalent to the refunds. Before the Governor issues a warrant for the funds, he shall require the commissioner to certify the name of each applicant and the amount to which each applicant is entitled. (2) In order for any person to be eligible for the refund provided by this Code section, the person must obtain a refund permit issued by the commissioner. The permit application shall state the information required by the commissioner to establish the right of the person to obtain a refund. In order to receive the refund, the applicant shall file with the commissioner a claim as prescribed by the commissioner and shall attach invoices to show proof of purchase, payment of tax, and total accountability of the motor fuel handled, consumed, or sold. Invoices submitted for proof of purchase shall contain no alterations or corrections of the name or dates originally shown on the invoice. No invoice that bears a date falling within a period of time covered by a previously paid refund claim shall be accepted to support the refund claim. Section 5 . Said chapter is further amended by adding two new Code sections at the end of Article 1, relating to motor fuel tax, which provide for penalties and for cooperative motor fuel tax agreements, to be designated Code Section 48-9-18 and 48-9-19, respectively, to read as follows: 48-9-18. If any person required by this article to hold an uncanceled distributor's license engages in business in this state as a distributor without such a license, thereby incurring a tax liability under this article which, but for the fact that such person was unlicensed, would not have been incurred, the commissioner may in his discretion waive such tax liability, including any applicable penalties and interest thereon, and assess in lieu thereof a penalty under this Code section. Such penalty shall be equal to 10 percent of the tax liability which, but for the Page 803 fact that such person was unlicensed, would not have been incurred, but shall not be less than $100.00 for each monthly tax period involved. No taxes shall be waived under this Code section where the commissioner determines that such person failed to become properly licensed prior to operating as a distributor in this state, that such person knew or should have known of the requirement that he be licensed prior to so operating, and that such person failed to remit to the state such taxes under this article as are due from licensed distributors. 48-9-19. (a) The commissioner may enter into cooperative agreements with other states for exchange of information in administering the tax imposed by this article. No agreement, arrangement, declaration, or amendment to an agreement shall be effective until stated in writing and approved by the commissioner. (b) An agreement may provide for determining the base state for motor carriers; records requirements; audit procedures; exchange of information; persons eligible for tax licensing; defining qualified motor vehicles; determining if bonding is required; specifying reporting requirements and periods, including defining uniform penalty and interest rates for late reporting; determining methods for collecting and forwarding of gasoline or other motor fuel taxes and penalties to another jurisdiction; and such other provisions as will facilitate the administration of the agreement. (c) The commissioner may, as required by the terms of an agreement, forward to officials of another state any information in the department's possession relative to the use of gasoline or other motor fuels by any motor carrier. The commissioner may disclose to officials of another state the location of offices, motor vehicles, and other real and personal property of motor carriers. (d) An agreement may provide for each state to audit the records of motor carriers based in that state to determine if the gasoline or other motor fuel taxes due each state are properly reported and paid. Each state shall forward the findings of the audits performed on motor carriers based in that state to each state in which the motor carrier has taxable use of gasoline or other motor fuels. For motor carriers not based in this state Page 804 who have taxable use of gasoline or other motor fuels in this state, the commissioner may utilize the audit findings received from another state as the basis upon which to propose assessments of gasoline or other motor fuel taxes against the motor carrier as though the audit had been conducted by the commissioner. Penalties and interest shall be assessed at the rates provided in the agreement. (e) No agreement entered into pursuant to this Code section may preclude the department from auditing the records of any motor carrier covered by this chapter. (f) Any assessment or order made under this Code section shall be governed by all provisions of this title applicable to assessments and orders under this chapter generally, except to the extent that different treatment is specifically required by this Code section or any agreement entered into pursuant to the authority of this Code section. (g) If the commissioner enters into any agreement under the authority of this Code section and the provisions set forth in the agreement are in conflict with any provision of any rule or regulation promulgated by the commissioner, the provisions of such agreement shall prevail. Section 6 . Said chapter is further amended by striking Code Section 48-9-33, relating to reports by motor carriers, and inserting in its place a new Code Section 48-9-33, to read as follows: 48-9-33. Every motor carrier subject to the road tax imposed by this article shall make to the commissioner on or before the last day of April, July, October, and January such reports of its operations during the quarter of the year ending on the last day of the preceding month as the commissioner requires. The commissioner may by regulation permit motor carriers having an annual road tax not in excess of an amount set by the commissioner to file annual reports. The commissioner by regulation may exempt from the reporting requirements of this Code section motor carriers all of whose operations are within this state. Page 805 Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. BLASTING AND EXCAVATING NEAR GAS PIPES AND UNDERGROUND FACILITIES. Code Title 25, Chapter 9 Amended. Code Section 15-6-77 Amended. No. 1209 (House Bill No. 1651). AN ACT To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near gas pipes and other underground utility facilities, so as to clarify the purpose of said chapter; to change certain definitions; to provide additional definitions; to delete certain provisions relating to filing certain information with clerks of the superior courts and other local government offices; to provide for participation by utilities as members in the utilities protection center; to delete certain duties of clerks of the superior courts and related filing fees; to change certain requirements concerning notifications to be given by persons planning blasting and excavating; to change certain provisions concerning the duties of utilities notified of proposed blasting or excavating; to clarify the degree of accuracy required in gas pipe or other underground utility facility location information; to provide for applicability of the penalties; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, so as to delete the provision relating to the fee for filing information of gas companies in accordance with Code Section 25-9-4; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 806 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 gas pipes and other underground utility facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows: CHAPTER 9 25-9-1. The purpose of this chapter is to prevent injury to persons and property and interruptions of utility and cable television service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and other utility facilities. 25-9-2. As used in this chapter, the term: (1) `Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (2) `Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (3) `Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. Page 807 (4) `Corporation' means any corporation; municipal corporation; county; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (5) `Distribution of gas' means the distribution or furnishing of gas to the ultimate consumer through the use of underground pipes or other facilities and includes, but is not limited to, the distribution of gas pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (6) `Excavating' means any operation by which the level or grade of land is changed and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, and pile driving. Such term, however, does not include public road maintenance activities within the rights of way of a public road on the state highway system, the county road system, or the city street system. (7) `Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term `gas' shall also include liquid petroleum products. (8) `Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitation, bulldozers, backhoes, power shovels, scrapers, draglines, clamshells, augers, drills, and pile drivers. (9) `Person' means an individual or a corporation. Such term, however, does not include and no provision of this chapter shall apply to any excavating done by a railroad when said excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of emergency, on adjacent land. Such term, however, also does not include and shall not apply to the Page 808 Department of Transportation or its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights of way. (10) `Railroad' means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state. (11) `Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service. (12) `Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in intrastate commerce pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (13) `Utilities protection center' or `center' means the corporation or other organization formed by utilities to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected utility members. (14) `Utility' means any person operating or maintaining gas pipes or other underground utility facilities. (15) `Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, telephone or telegraphic, or cable television or video communications. 25-9-3. Reserved. Page 809 25-9-4. (a) All utilities operating or maintaining underground utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities. (b) The utilities protection center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilities may be obtained during business hours on business days. 25-9-5. Reserved. 25-9-6. (a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating, at least 72 hours prior to commencement of the work, excluding hours during days other than business days, has given actual notice to the utilities protection center, which notice shall: (1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity to enable the utility to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating and state whether such person desires to be notified in the event there are no utility facilities present on the tract or parcel specified; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence. Page 810 (b) Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction conference have been mailed to the utility by the Department of Transportation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all underground utility facilities. (c) In the event that the blasting or excavating work which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 17 days following the date of such notice, then no later than 14 days following such date of notice an additional notice must be given in accordance with subsection (a) of this Code section. (d) If, subsequent to giving the notice required by subsection (a) of this Code section a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center. 25-9-7. Within 72 hours, excluding hours during days other than business days, following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6, each utility shall stake or otherwise mark the surface of the tract or parcel of land to indicate the location of gas pipes or other underground utility facilities. Such markings shall be in accordance with the following color code: (1) Safety Red shall be used to mark electric power distribution and transmission facilities; (2) High Visibility Safety Yellow shall be used to mark gas and oil distribution and transmission facilities; (3) Safety Alert Orange shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; Page 811 (4) Safety Precaution Blue shall be used to mark water systems facilities; and (5) Safety Green shall be used to mark sewer systems facilities. If the person planning the blasting or excavating has stated pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6 that he desires to be notified in the event there are no utility facilities present on the tract or parcel specified, then each utility shall attempt to so notify such person by telephoning such person at the number furnished pursuant to paragraph (2) of subsection (a) of Code Section 25-9-6. 25-9-8. Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter; provided, however, that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespective of whether the same have been staked or marked as provided in this chapter. 25-9-9. (a) For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such facilities. If any gas pipe or other underground utility facilities become damaged due to the furnishing of inaccurate information as to their location by the utility, the liabilities imposed by this chapter shall not apply. (b) Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility, the utility shall be liable to that person for his losses. 25-9-10. This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility Page 812 may have with relation to any facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the facility is located. 25-9-11. This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever. 25-9-12. If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mechanized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment. 25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases. (b) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting Page 813 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 or has failed to become a member of the utilities protection center as required by Code Section 25-9-4. Section 2 . Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts, is amended by striking in its entirety paragraph (9) of subsection (d), which reads as follows: (9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of..... 1.00, and inserting in lieu thereof the following: Page 814 (9) Reserved. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. MEDICARE SUPPLEMENT INSURANCEMINIMUM POLICY STANDARDS. Code Sections 33-43-4 and 33-43-5 Amended. No. 1210 (House Bill No. 1674). AN ACT To amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to authorize the promulgation of regulations regarding marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement insurance policies; to repeal certain provisions relating to the compensation of agents; 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 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, is amended by striking Code Section 33-43-4, relating to the establishment of minimum standards relative to medicare supplement insurance policies, and inserting in its place a new Code Section 33-43-4 to read as follows: Page 815 33-43-4. The Commissioner shall issue reasonable regulations to establish minimum standards for benefits and claims payment, marketing practices, compensation arrangements, and reporting practices of insurers for medicare supplement policies. Section 2 . Said chapter is further amended by striking Code Section 33-43-5, relating to filing requirements and procedures for insurers providing medicare supplement insurance policies, and inserting in its place a new Code Section 33-43-5 to read as follows: 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. Page 816 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. BOILER AND PRESSURE VESSEL SAFETY ACTEXEMPTIONS. Code Section 34-11-7 Amended. No. 1211 (House Bill No. 1686). AN ACT To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, so as to change the provisions relating to the exception of boilers and pressure vessels operated and maintained for the production and generation of electricity and the exception of boilers and pressure vessels operated and maintained for the production and generation of steam used in a manufacturing process; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, is amended by striking in their entirety paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof new paragraphs (12) and (13) to read as follows: (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or Page 817 corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 34-11-10; (13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 34-11-10; and. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. LOCAL GOVERNMENTGEORGIA ALLOCATION SYSTEM; BONDS. Code Title 36, Chapter 82, Article 8 Amended. No. 1212 (House Bill No. 1708). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, so as to provide a legislative intent; to provide certain definitions; to provide that the Department of Community Affairs may increase the amount of any notice of allocation of the state ceiling on private activity bonds under certain circumstances; to provide that if a bond issuer fails to issue bonds before the expiration date of such Page 818 notice, the project subject to such notice shall not be eligible for an additional notice for six months; to provide for the economic development share for 1990 and 1991; to provide that applications for notices of allocation from the economic development share must be received by certain dates; to provide that the department shall have no obligation to provide an expiration date for a notice of allocation for UDAG funds in excess of 75 days; to provide for lapse and real-location of funds in the event confirmation of issuance is not received by certain dates; to provide for the 1990 housing share; to provide for the amount of reservations of the housing share; to provide for annual lapse and reallocation of funds in the housing share; to provide for the transfer of funds to the state housing reservation, the urban housing reservation, and the local housing reservation under certain conditions; to provide that applications for single-family bond projects must be filed by certain dates; to provide for a requirement for such applications; to provide for an expiration date for a notice of allocation for a single-family housing project; to establish the flexible share for 1990 and for subsequent years; to provide for a transfer of funds if after the first six months of the year 75 percent or more of the economic development share or any one or more reservation components of the housing share remains unallocated; to repeal Code Section 36-82-188, relating to rural area pool allocation; to repeal Code Section 36-82-191, relating to the single-family, multifamily, and general pools; to repeal Code Section 36-82-191.1, relating to the allocation of the housing share; to repeal Code Section 36-82-192.1, relating to applications for single-family projects; to repeal Code Section 36-82-193, relating to applications for multifamily pool allocations; to repeal Code Section 36-82-194, relating to applications for general pool allocations; to repeal Code Section 36-82-195, relating to limited purpose shares; to repeal Code Section 36-82-196, relating to applications for unlimited purpose share allocations; to repeal Code Section 36-82-197, relating to department shares; to repeal Code Section 36-82-198, relating to the flexible pool, farm labor pool, and competitive pool; to repeal Code Section 36-82-200, relating to applications for farm loan pool allocations; to repeal Code Section 36-82-201, relating to applications for competitive pool allocations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 819 Section 1 . Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds of local governments, is amended by striking in its entirety Article 8 and inserting in lieu thereof a new Article 8 to read as follows: ARTICLE 8 36-82-180. This article shall be known and may be cited as the `Georgia Allocation System.' 36-82-181. The economic development and the availability of safe, sanitary, and affordable housing in the State of Georgia are of vital importance to the state and its citizens. Private activity bond financing has been an integral part of the state's program for economic development and affordable housing. The United States government has enacted a law which limits the availability of private activity bond financing within each state. This limited resource must be used in the best interest of the State of Georgia to the fullest extent permitted by federal law. The federal law limits the annual issuance of private activity bonds in the state to an amount not exceeding a state ceiling imposed under the federal law. The federal law not only provides for a distribution of the state ceiling but also provides that a state may by law provide for a different formula for allocating the state ceiling among the governmental units or other authorities in the state having authority to issue private activity bonds. The purpose of this article is to implement a system for allocating the use of private activity bonds, as permitted by federal law, in order to further the economic development of the state, to further the provision of safe, sanitary, and affordable housing, and otherwise to further the purposes of the laws of the state which provide for the issuance of such bonds. 36-82-182. As used in this article, the term: (1) `Amount' means, when used with respect to bonds, notices of allocation, or portions of the state ceiling, an amount measured in terms of United States dollars. (2) `Application' means the application and amendments thereto for a notice of allocation required to be filed by an issuer with the department pursuant to this article. Page 820 (3) `Bonds' means any bonds, notes, or other obligations which would be included or treated as private activity bonds for the purpose of the state's volume cap under Section 146 of the Federal Code. Section 146 of the Federal Code provides that, for purposes of that section, the term `private activity bond' shall not include the specifically designated types of bonds which would, under other provisions of the Federal Code, constitute private activity bonds; and for purposes of this article, the term `bonds' shall mean only those bonds, notes, or other obligations subject to the volume cap under Section 146 of the Federal Code. For purposes of this article, the term `bonds' shall include the private activity portion of governmental use bonds. (4) `Borrower' means any person or persons whose private business use, within the meaning of Section 141 of the Federal Code, would cause any bonds to constitute private activity bonds within the meaning of Section 141 of the Federal Code. If there is more than one such person with respect to any issue of bonds, then the term `borrower' shall mean and include each and every such person known at the time that the issuer files an application. (5) `Business day' means a day on which the department is open for business. The term `business day' shall not include any Saturday, Sunday, or legal holiday officially observed by the state. (6) `Carryforward election application' means the application for a notice of allocation for a carryforward project required to be filed by an issuer with all attachments and amendments. (7) `Commissioner' means the commissioner of the Department of Community Affairs. (8) `Competitive pool' means that portion of the state ceiling set said prior to April 1, 1990. (9) `Confirmation of issuance' means the issuer's confirmation, in writing, that the bonds authorized by a notice of allocation have been issued, in such form as the commissioner may promulgate from time to time. Page 821 (10) `Department' means the Department of Community Affairs. (11) `Economic development share' means that portion of the state ceiling established in accordance with Code Section 36-82-186. (12) `Employment test' means either of the employment tests set forth in Code Section 36-82-188. (13) `Exempt facility bond' means any bond described as an exempt facility bond in Section 142 of the Federal Code, other than any obligation described in Section 142(a)(1) or Section 142(a)(2) of the Federal Code and any obligation described in Section 142(a)(6) of the Federal Code which is issued as part of an issue if all of the property to be financed by the net proceeds of such issue is to be owned by a governmental unit, within the meaning of Section 146 of the Federal Code. (14) `Expiration date' means the final date on which bonds covered by a notice of allocation may be issued and by which date confirmation of issuance must be filed with the department. (15) `Federal Code' means the Internal Revenue Code of 1986, as amended. (16) `Filing date' means the final date for filing an application as specified in this article. (17) `Flexible pool' means that portion of the state ceiling set aside prior to April 1, 1990. (18) `Flexible share' means that portion of the state ceiling set aside, in accordance with Code Section 36-82-193, for discretionary use by the department. (19) `Georgia Residential Finance Authority' means the authority established under Article 3 of Chapter 3 of Title 8. Page 822 (20) `HoDAG' means a housing development action grant as administered by the United States Department of Housing and Urban Development. (21) `Housing bonds' means multifamily housing bonds, single-family housing bonds, or other qualified housing bonds, as the case may be. (22) `Housing share' means the portion of the state ceiling established in accordance with Code Section 36-83-189. (23) `Issued' means, with respect to any issue of bonds, that such bonds have been delivered and paid for in full. Payment in full may be made, in whole or in part, by a binding, enforceable agreement to make payment in the future. (24) `Issuer' means the political subdivision, governmental unit, authority, or other entity which issues any bonds. (25) `Legal counsel' means an attorney or firm of attorneys duly authorized to practice law in the State of Georgia and admitted to practice before the highest court in the State of Georgia. (26) `Local housing authorities' means any issuer of multifamily housing bonds, single-family housing bonds, or other qualified housing bonds created and existing under the laws of the state. (27) `Mortgage credit certificate' means a certificate issued under a qualified mortgage credit certificate program within the meaning of Section 25 of the Federal Code. (28) `Multifamily housing bond' means any obligation which constitutes an exempt facility bond for the financing of a qualified residential rental project within the meaning of Section 142 of the Federal Code. (29) `Notice of allocation' means the notice given by the department allocating to an issuer a specified amount from the state ceiling for a specific issue of bonds. Page 823 (30) `Period' means any of the time periods into which the calendar year is divided for purposes of authorizing a percentage of the state ceiling to be used during such period as provided in this article as follows: period 1 begins January 1 and ends at midnight on March 31; period 2 begins April 1 and ends at midnight on June 30; period 3 begins July 1 and ends at midnight on September 30; and period 4 begins on October 1 and ends at midnight on December 31. (31) `Person' means any individual, corporation, limited or general partnership, association, trust, or other entity of any nature whatsoever. (32) `Policy guidelines' means the policy guidelines set forth in Code Section 36-82-195. (33) `Private activity portion of governmental use bonds' means the amount of any obligation, treated as a nonqualified amount under Section 141 of the Federal Code, which is in excess of $15 million and which would cause the obligation to be treated as a private activity bond under Section 141(b)(5) of the Federal Code, unless the amount equal to the excess of the nonqualifying amount over $15 million receives an allocation of the state's volume cap under Section 146 of the Federal Code. (34) `Project' means the facility, as described in an application, proposed to be financed, in whole or in part, by an issue of bonds. (35) `Qualified application' means a completed application for a notice of allocation. (36) `Qualified housing project' means a project for which the issuance or exchange of tax-exempt bonds under the Federal Code for qualified housing purposes requires an allocation from the state ceiling. (37) `Reservations' means the amounts reserved for the Georgia Residential Financial Authority, the urban residential finance authorities, and the local housing authorities in Code Section 36-82-190. Page 824 (38) `Single-family housing bond' means any obligation described as a qualified mortgage bond in Section 143 of the Federal Code. (39) `Small issue bond' means any obligation described as a qualified small issue bond in Section 144(a) of the Federal Code. (40) `State' means the State of Georgia. (41) `State ceiling' means for any calendar year the state ceiling applicable to the state, as such term is used in the Federal Code. The amount of the state ceiling shall be determined in accordance with the provisions of the Federal Code. (42) `Student loan bond' means any obligation described as a qualified student loan bond in Section 144(b) of the Federal Code. (43) `System' means the Georgia Allocation System as established by this article. (44) `UDAG bonds' means any issue of bonds 95 percent or more of the net proceeds of which are to be used to provide facilities with respect to which an urban development action grant, under Section 119 of the Housing and Community Development Act of 1974, as amended, has been applied for and which, if such grant is made, would be an issue described in Section 144(a)(4)(F) of the Federal Code. (45) `Unused amount' means, as of any date when the unused amount of any share is computed, the amount of any share from which notices of allocation were authorized to be given during a prior period, if any, but with respect to which either no notices of allocation were given during such period or notices of allocation were given but confirmation of issuance was not filed with the department on or before the applicable expiration date plus the amount of any share from which notices of allocation have been given during the period which includes the date of computation but with Page 825 respect to which confirmation of issuance was not filed with the department on or before the applicable expiration date. (46) `Urban residential finance authority' means any authority established under Chapter 41 of this title. 36-82-183. The department shall administer, operate, and manage the system. Action taken by the department, however, shall not constitute an opinion of the department on any legal matters with respect to the federal or state tax treatment of any bonds. Without limiting the generality of the department's power and authority to administer, operate, and manage the system, the department shall make such determinations and decisions, promulgate such rules, require the use of such forms, establish such procedures, and otherwise administer, operate, and manage the system in such respects as may be, in the department's determination, necessary, desirable, or incident to its responsibilities as the administrator, operator, and manager of the system. The General Assembly recognizes and acknowledge that the department will encounter situations which have not been foreseen or provided for in this article and expressly delegates to the department the power and authority to administer, operate, and manage the system in all situations and circumstances, both foreseen and unforeseen, including, without limiting the generality of the foregoing, the power and authority to control and establish procedures for controlling any misuse or abuses of the system and the power and authority to resolve conflicts or inconsistencies, if any, in this article or which may arise in administering, operating, or managing the system pursuant to this article. Any decision which the commissioner or the department makes, and any action or inaction by the commissioner or the department, in administering, managing, and operating the system shall be final and conclusive and shall not be subject to any review, whether judicial, administrative, or otherwise, and shall not be covered by, subject to, or required to comply with or satisfy any provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The system depends upon the truthfulness of representations made and information submitted in or accompanying applications. The department may use all of the power and authority granted in this article, and such other power or authority as the commissioner may deem necessary or appropriate, in order to take action against those who fail to comply Page 826 with any of the provisions of this article or who fail to display the truthfulness, which shall include the completeness necessary to avoid untruthfulness by omission, which the commissioner deems necessary for the system. Without limiting the generality of this article, the General Assembly expressly delegates to the department the power and authority to control, permit to be used, or refuse to permit to be used any allocation which would reduce the state ceiling under Section 146(m) of the Federal Code, dealing with the private activity portion of governmental use bonds; and the department, to accomplish this end, may impose requirements upon any issuer, including any other agency or department of the state or any county or municipality or agency, department, or authority of a county or municipality within the state. 36-82-184. (a) The amount of the state ceiling shall be determined by the department in accordance with the Federal Code. The amount of the state ceiling available at any time shall be the amount, determined by the department, which results from substracting from the state ceiling: (1) The amount of bonds issued pursuant to notices of allocation and with respect to which confirmation of issuance has been received by the department on or before the applicable expiration date; and (2) The amount of bonds covered by notices of allocation outstanding but with respect to which the expiration date has not occurred and with respect to which no confirmation of issuance has been filed with the department. (b) The department shall keep separate records for the economic development share, housing share, and flexible share and shall make available to the public, by telephone recording or periodic news release or such other means as the department may determine to be appropriate, information with respect to the available amount of the economic development share, housing share, and flexible share. 36-82-185. (a) Applications for notices of allocation shall be filed, received, and acted on by the department as set forth in this Code section. Page 827 (b) Applications shall be filed on such forms as the commissioner shall require. Each application shall be accompanied by the following: (1) A copy of the inducement resolution or other similar official action taken by the issuer with respect to the bonds and the project which are the subject of the application, signed by an officer, or a designee of said officer, of the issuer; (2) An affidavit, or copy thereof, of the publisher of the newspaper or newspapers in which the notice of the public hearing required by Section 147(f) of the Federal Code was published, demonstrating that notice of such public hearing was published, and a copy of the approval of the governmental unit or governmental units required by Section 147(f) of the Federal Code, certified by a public official with the authority to certify such approval. This requirement shall not apply to any bonds: (A) For which Section 147(f) of the Federal Code does not require such a public hearing and approval of a governmental unit or governmental units; or (B) Projects requiring the approval of the Georgia State Financing and Investment Commission; (3) A written opinion of legal counsel, addressed to the department, to the effect that the issuer is authorized under the laws of the state to issue bonds for projects of the same type and nature as the project which is the subject of the application. This opinion shall cite by constitutional or statutory reference, including a reference to the session laws of the General Assembly in the case of a constitutional reference, the provision of the Constitution or law of the state which authorizes the bonds for the project; (4) A written commitment from a lender, financial institution, underwriter, investment banker, or other purchaser, addressed to the department, to purchase the bonds upon delivery by the issuer. In the discretion of the commissioner, this requirement may be waived in the event an officer of the issuer certifies, in writing, that the bonds Page 828 subject to the application will be issued on a competitive bid basis; (5) Any additional items specified elsewhere in this article; and (6) Any other information as reasonably required by the department. (c) All applications shall apply for amounts of the state ceiling specified in even amounts of $1,000.00. (d) If more than one person is a borrower with respect to any issue of bonds, any one of such persons may, and all such persons shall not be required to, execute any application, letter, or writing which this article requires to be executed by the borrower. (e) The department shall stamp or otherwise designate the date on which it receives each completed application. The date stamped or otherwise designated for any application received after the close of business on a business day will be the next business day. For this purpose, the close of business shall be the time officially designated for the close of the department's business day. The application shall not be considered completed and shall not be stamped and accepted for filing unless and until each of the items required under subsection (b) of this Code section has been received by the department. Receipt shall be deemed to occur only on a business day. (f) A notice of allocation shall constitute the only means by which any of the state ceiling shall be allocated to a specific issuer for a specific issue of bonds. Any bonds for which no notice of allocation is given shall not be deemed to have been allocated as a part of the state ceiling as required by the Federal Code and shall be deemed to be bonds issued in excess of the issuer's private activity bond limit under the Federal Code. (g) The notice of allocation shall be in writing, shall be given to the issuer at the address specified in the application, shall specify the amount of bonds which may be issued, and shall specify the expiration date. The notice of allocation shall be in such form as the commissioner shall determine. A notice Page 829 of allocation may not be revoked although it shall expire in accordance with the provisions of this article. All notices of allocation shall be given for amounts of the state ceiling specified in even amounts of $1,000.00. (h) When bonds covered by a notice of allocation have been issued, confirmation of issuance shall be filed with the department immediately and must be filed on or before the expiration date. Unless otherwise determined by the commissioner, the expiration date for any notice of allocation shall never be later than the second to last business day of a calendar year. To the extent necessary to accomplish this, the department shall shorten the time period otherwise allowed to lapse before an expiration date. If bonds are not issued and confirmation of issuance is not filed with the department on or before the expiration date, the notice of allocation shall cease to be effective. The confirmation of issuance shall be deemed to have been filed with the department on the earliest of: (1) The date it is actually delivered to the department; (2) If mailed by the United States mail, certified return receipt requested, the date of the postmark; (3) If sent to the department by a nongovernmental courier or delivery service, the date delivered to that service; or (4) If sent by facsimile machine, the date received by the department. (i) Notwithstanding any provisions of this article to the contrary, the department shall not be required to accept any application for notice of allocation filed with the department after December 15 of each year. (j) A notice of allocation shall not be effective if the bonds actually issued pursuant to such notice of allocation are in an aggregate principal amount which is less than 90 percent of the amount of bonds authorized by such notice of allocation. The department shall, at the written request of the issuer submitted to the department prior to the actual issuance of the bonds, Page 830 amend the notice of allocation so as not to be in conflict with this subsection. (k) The department may, at the written request of an issuer, increase the amount of a notice of allocation by an amount not to exceed 10 percent of the amount of the original application. The department shall not, however, have any obligation to provide such an increase, and no issuer shall have any right to such an increase. (l) If any issuer in receipt of a notice of allocation fails to have issued the bonds subject to the notice of allocation on or before the expiration date, the project subject to the notice of allocation shall not be eligible to receive an additional notice of allocation for six months after the date of the expiration date of the original notice of allocation. This subsection, however, shall not apply to those projects in which the issuer notifies the department, in writing, 15 days prior to the expiration date of the notice of allocation that the bonds subject to the notice of allocation will not be issued. (m) The opinions of legal counsel and the commitment from a lender, financial institution, underwriter, investment banker, or other purchaser which are required to accompany applications shall be dated no more than 30 days prior to the date on which the application is filed. Such opinions, such commitment, and any other items required to accompany an application shall be in substantially the form or forms promulgated by the commissioner. (n) Notices of allocation and other notices and written communications from the department shall be deemed to have been given when duly deposited in the United States mail, first class with all postage prepaid. Notices of allocation may, at the request of the borrower, be picked up by hand or delivered by courier or other delivery service, at the expense of the borrower. Notices and other written communications to and filings with the department shall be given or made either by actual delivery to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation manager, or by depositing the same in the United States mail, first class with all postage prepaid, addressed to the office of the commissioner in Atlanta, Georgia, directed to the attention of the bond allocation Page 831 manager. Such notices and other written communications shall be deemed received only upon actual receipt by the department. (o) The department shall furnish to the issuer receiving a notice of allocation a certificate of the commissioner certifying under penalty of perjury that the allocation evidenced by the notice of allocation was not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign, in such form as the department may specify or as may be required pursuant to the Federal Code. (p) The commissioner of the department is designated, for any purpose required under the Federal Code, as the state official who shall certify that bonds meet the requirements of the state ceiling, in such form as the department may specify or as may be required pursuant to Section 149(e) of the Federal Code and any other applicable Federal Code section or United States Department of the Treasury regulations promulgated pursuant to the Federal Code. 36-82-186. (a) Commencing on April 1, 1990, the economic development share for 1990 is established in an amount equal to 40 percent of the state ceiling. The 1990 percentage shall include any allocations made from the competitive pool prior to April 1, 1990. The economic development share for 1991 and each year thereafter is established in an amount equal to 42 percent of the state ceiling. The economic development share shall be divided among the periods of the year as follows: (1) In 1990, during period 2, notices of allocation may be given for amounts up to 100 percent of the economic development share, minus the amount of any notices of allocation from the competitive pool made prior to April 1, 1990; and (2) In 1991 and each year thereafter: (A) During period 1, notices of allocation may be given for amounts up to 40 percent of the economic development share; Page 832 (B) During period 2, notices of allocation may be given for amounts up to 40 percent of the economic development share; and (C) During period 3, notices of allocation may be given for amounts up to 20 percent of the economic development share. (b) At any time, notices of allocation may be given for any unused amount. 36-82-187. (a) Applications for notices of allocation from the economic development share must be received by the department no later than June 30 of 1990 or September 30 of 1991 and September 30 each year thereafter. Applications for notices of allocation from the economic development share may only be filed for small issue bonds, exempt facility bonds, the private activity portion of governmental use bonds, or any other bond meeting the employment test required by Code Section 36-82-188 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; Page 833 (2) If the employment test applies with respect to jobs retained, a written certification which satisfies the employment test, as required by Code Section 36-82-188; (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 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. (c) The department shall give its notice of allocation approving the allocation requested by the qualified application within 15 days after the department receives the completed application to the extent that amounts in the economic development share remain available for notices of allocation. 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) If the qualified applications received on the same date request notices of allocation that would exceed the amount of the economic development share which, at the time, remains available for notice of allocation, the department shall decide, within 30 days, which qualified application or qualified applications shall receive a notice of allocation by applying the policy guidelines. The decision of the department shall be final and conclusive. Page 834 (e) If at any time none of the economic development share remains available for notices of allocation, but additional amounts of the economic development share become available later because confirmation of issuance was not filed with the department on or before the applicable expiration date for any notice or notices of allocation or for any other reason, the department shall give a notice of allocation with respect to qualified applications including any qualified applications which failed to receive a notice of allocation pursuant to subsection (d) of this Code section. Such notices of allocation shall be given, to the extent that the economic development share becomes available, with respect to qualified applications in the chronological order, by date, in which they were received by the department and, if necessary, by again applying the procedures set forth in subsection (d) of this Code section. (f) Qualified applications received during a period which do not receive a notice of allocation during that period shall automatically be deemed to have been received on the first day of the next period. In order to be deemed automatically to have been received on the first day of the next period, however, any such qualified application received by the department more than 45 days prior to the first day of the next period must be certified as current, not more than 30 days prior to the first day of the next period, by a letter from the issuer, addressed to the department and received by the department prior to the first day of the next period, certifying that the information contained in the qualified application and all items accompanying the qualified application are and remain accurate and in full force and effect, except as may be specifically set forth in any amendment to the qualified application which does not result in the application failing to constitute a qualified application received by the department at or before the receipt of such certification. If such certification is received by the department after the first day of the next period, the application shall be deemed to have been resubmitted and received on the date when such certification was received. (g) Notwithstanding any provisions of this Code section to the contrary, the department may, in its discretion, give a notice of allocation from the flexible share with respect to any qualified application which is not given a notice of allocation from the economic development share. Page 835 (h) Notwithstanding any provisions of this Code section to the contrary, the department shall not be required to give a notice of allocation from the economic development share for any bond in an amount of more than $10 million. (i) (1) The expiration date for a notice of allocation from the economic development share, other than for UDAG bonds, 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 for UDAG bonds may, in the department's discretion, 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. The department shall not, however, have any obligation to provide an expiration date in excess of 75 days, and no issuer shall have any right to an expiration date in excess of 75 days. (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. (j) 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) The economic development share if the notice of allocation ceases to be in effect prior to July 1 of 1990 or October 1 of 1991 and October 1 of each year thereafter; or (2) The flexible share if the notice of allocation ceases to be in effect between July 1 of 1990 and December 31 of 1990 or October 1 of 1991 and December 31 of 1991 and October 1 and December 31 each year thereafter. Page 836 (k) On July 1, 1990, and October 1, 1991, and October 1 in each year thereafter the economic development share shall expire and any unused amounts remaining in the economic development share and any amounts for which the notice of allocation ceases to be in effect shall automatically be added to the flexible share. 36-82-188. (a) In order to qualify for a notice of allocation from the economic development share, a project must satisfy the employment tests as defined in this Code section. To satisfy the employment test, a project must either: (1) Be reasonably expected to increase employment within the territorial area of operation of the issuer by not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the increased employment test; or (2) Be reasonably expected to retain within the territorial area of operation of the issuer not less than one job for each $125,000.00 or part thereof in bond financing. This requirement shall be known as the retained employment test. (b) The increased employment test shall be satisfied if a borrower reasonably expects that the required additional jobs will be available not later than two years after completion of the project and certifies to this effect in writing. The retained employment test shall be satisfied if the borrower certifies in writing, addressed to the department, that, except for the issuance of the bonds which are the subject of the application, such borrower or other entity which operates the project reasonably expects that it would, within two years after the date of the application, either cease operation at the site of the project, thereby reducing employment by not less than the required number, or reduce employment by not less than the required number without ceasing operation. (c) A job shall mean, for purposes of either employment test, a position held by a full-time, paid employee with no agreement or arrangement which would limit the duration of such employment. Such an employee either must spend substantially all of his time on the job performing the duties of his job Page 837 at the location of the project or must be based at the project and spend substantially all of his time on the job performing the duties of his job within the territorial area of operation of the issuer. 36-82-189. Commencing on April 1, 1990, the housing share for 1990 is established in an amount equal to 40 percent of the state ceiling. The 1990 percentage shall include any allocations made from the housing share made prior to April 1, 1990. The housing share for 1991 and each year thereafter is established in an amount equal to 42 1/2 percent of the state ceiling. 36-82-190. (a) Commencing on April 1, 1990, and extending through June 30, 1990, and for 1991 and each year thereafter commencing on January 1 and extending through September 30, reservations from the housing share shall be as follows: (1) Sixty-two percent shall be reserved for the Georgia Residential Finance Authority for any qualified housing project. This shall be known as the state housing reservation; and (2) Nineteen percent shall be reserved for urban residential finance authorities for any qualified housing project. This shall be known as the urban housing reservation; and (3) Nineteen percent shall be reserved for local housing authorities for any qualified housing projects. This shall be known as the local housing reservation. The local housing reservation 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 36-82-195. (b) Any allocations made in 1990 prior to April 1, 1990, shall be subtracted from the total sum which would be available to an issuer based upon which reservation the issuer qualified for and based upon the percentage formula provided in this Code section. Page 838 (c) On July 1, 1990, and October 1, 1991, and October 1 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 share. (d) If at any time amounts of the state housing reservation or the urban housing reservation remain available for allocation, the Georgia Residential Finance Authority or the urban residential finance authorities may, upon written notification to the department, transfer any available reservation, or any part thereof, to the state housing reservation, urban housing reservation, or the local housing reservation, if the issuer making the transfer anticipates that such amounts are more likely to be used in the reservation to which the transfer is made. 36-82-191. (a) Applications for single-family bond projects must be filed no later than June 30 of 1990 or September 30 of 1991 and September each year thereafter 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; and (3) A letter addressed to the department demonstrating that as of the date of the application for notice of allocation the applicant 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 Page 839 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 36-82-190. 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 (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 single-family bond projects from the local housing reservation. (e) The expiration date for a notice of allocation for a single-family housing project from any housing reservation shall be 75 days following the date of notice of allocation. The department may, for good cause shown by an issuer, extend the expiration date by not more than 30 days, but no issuer shall have any right to such an extension. (f) If the confirmation of issuance is not filed with the department on or before the expiration date, the notice of 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 reservation in the housing share if on or before June 30 of 1990 or September 30 of 1991 and September 30 each year thereafter or the flexible share if after June 30 of 1990 or September 30 of 1991 and September 30 each year thereafter. (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 provision of paragraph (3) of subsection (b) of this Code section. 36-82-192. (a) Applications for qualified residential rental projects shall be accompanied by the following: (1) The items specified in Code Section 36-82-185; Page 840 (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 reservation, 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 reservation, 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 reservation for any qualified residential rental housing project in an aggregate principal amount of more than 25 percent of the amount of the local housing reservation. (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 reservation. Page 841 (f) (1) The expiration date for a notice of allocation for a qualified residential rental project from the local housing reservation, 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 may, in the department's discretion, 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. The department shall not, however, have any obligation to provide an expiration date in excess of 75 days, and no issuer shall have any right to an expiration date in excess of 75 days. (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. (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 appropriate housing reservation, as applicable, if on or before September 30 of 1991 and September 30 each year thereafter or the flexible share if after June 30 of 1990 or September 30 of 1991 and September 30 each year thereafter. 36-82-193. Commencing on April 1, 1990, the flexible share for 1990 is established in an amount equal to 20 percent of the state ceiling. The 1990 percentage shall include any allocations made from the flexible pool prior to April 1, 1990. The flexible share for 1991 and years thereafter shall be in an amount equal to 15 percent of the state ceiling. The flexible share shall be available for notices of allocation given during Page 842 period 2 through period 4 in 1990 and period 1 through period 4 in 1991 and each year thereafter. 36-82-194. (a) Applications for notices of allocation from the flexible share shall be received and acted on by the department as set forth in this Code section. (b) Applications for housing bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation with respect to such bonds from the housing share. Applications for student loan bonds shall be filed on the same forms and accompanied by the same items as required by Code Section 36-82-185 and 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 information available at that time to such legal counsel, qualify as student loan bonds under Section 144 (b) of the Federal Code when issued. Applications for all other bonds shall be filed on the same forms and accompanied by the same items as applications for notices of allocation from the economic development share. Such applications need not designate that they are filed for a notice of allocation from the flexible share but may be treated as such by the department in its discretion. (c) The department shall, in its discretion, decide which application or applications shall receive a notice of allocation. The decision of the department shall be final and conclusive. (d) The provisions of subsection (i) 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 flexible share. Notwithstanding the requirements of subsection (i) of Code Section 36-82-187, however, the expiration date for a notice of allocation for the private activity portion of governmental use bonds shall be such date as the commissioner may determine, separately in the case of each notice of allocation, and may be extended for any period of time at the department's discretion. 36-82-195. (a) When the department is required to decide which applications should receive a notice of allocation, it shall compare the applications from which the selection is to be made, applying the policy guidelines set forth in this Code Page 843 section. These policy guidelines are designed to assist the department in making its decisions and are not intended to establish definitive tests or standards. The decision which the department makes shall be final and conclusive. Each of the policy guidelines will be applied following the principle that, if all other things were equal among applications which are being compared, the application which most satisfied the intention of the particular policy guideline would be given a notice of allocation. The policy guidelines are stated in subsection (b) of this Code section, and the order in which they are stated does not indicate any priority of one over another. (b) (1) Special consideration shall be given to projects with a view toward an even and more broadly based geographical distribution of bond issues or bond proceeds, as the case may be, over the state. Applications should be compared based upon the geographic distribution of notices of allocation given during the same calendar year. The department may compare geographic distribution among counties, municipalities, United States congressional districts, or any other geographical areas the department may select. In comparing geographic distribution, the department may consider the amount of bonds covered by notices of allocation and the location of the projects covered by such notices of allocation. For purposes of this policy guideline, the geographic location of student loan bonds shall be considered to be the same as the geographic locations of the educational institutions which are reasonably expected to make use of the proceeds of such student loan bonds; the geographic location of single-family housing bonds shall be considered to be the same as the geographic location of the issuer or, in the case of the Georgia Residential Finance Authority, the geographic location, specified by the Georgia Residential Finance Authority to the department in writing; and the geographic location of the private activity portion of governmental use bonds shall be considered to be the same as the geographic location of the issuer. (2) Special consideration shall be given to projects that would promote or expand economic opportunities, with particular attention given to areas of economic distress. Page 844 (3) Special consideration shall be given to those projects that will meet a severe and critical need and which can demonstrate a significant impact on the territorial area of the issuer in which the project will be carried out. (4) Special consideration shall be given to projects which the department has determined will enhance the public good and general welfare of the state as a whole. 36-82-196. When the department is required to apply the policy guidelines it may consider such factors, known as evaluation factors, in deciding which applications should receive a notice of allocation. The evaluation factors to be considered shall include, but are not limited to, the number of permanent jobs created or retained; the commitment of the borrower to hire individuals eligible for training under the Job Training Partnership Act or its successor program; the unemployment rate of the territorial area of the issuer compared to the state as a whole; the ratio of private investment to bond financing; evidence of HoDAG or UDAG approval; the amount of benefit to low to moderate-income individuals; the cost per qualified residential rental unit; the housing vacancy rate of the territory of the issuer compared to the state as a whole, as determined by the department; and the degree to which the combination of income and price limits serve to target the single-family housing bonds to low to moderate-income households. 36-82-197. If after the first six months of the year, 75 percent or more of the economic development share or any one or more reservation components of the housing share remains unallocated, the commissioner may transfer any available state ceiling, or any part thereof, from the economic development share or the applicable reservation component of the housing share, as the case may be, to the flexible share, if the commissioner anticipates that such amounts are not likely to be used in either the economic development share or the applicable reservation component of the housing share; provided, however, that no such transfer may be made by the commissioner if an issuer submits a letter to the commissioner indicating that such issuer intends to use all or a portion exceeding 25 percent of the respective share or components thereof. Page 845 36-82-198. The department may set aside and reserve from the flexible share amounts which may be treated as a carryforward for one or more carryforward purposes, within the meaning of Section 146 of the Federal Code. Section 146 of the Federal Code requires an election for the use of such carryforward to a future year or years, and regulations with respect to such carryforwards may be promulgated under the Federal Code. The department shall promulgate such rules and procedures as may be necessary in order to use the provisions of the Federal Code and any regulations promulgated pursuant to the Federal Code for such carryforward. The amount of any such carryforward which is set aside and reserved shall be subtracted from the outstanding amount of the flexible share with the same effect as if a notice of allocation were in the amount of the carryforward and confirmation of issuance were received prior to the expiration date. 36-82-199. (a) Unless otherwise determined by the commissioner, carryforward election applications must be filed with the department no later than December 1 of each year. Carryforward election applications shall be filed, received, and acted upon by the department as set forth in this Code section. (b) Carryforward election applications shall be filed on a form promulgated from time to time by the commissioner. Each carryforward election application shall be accompanied by the following: (1) A copy of the inducement resolution or other similar official action to the effect the issuer has taken preliminary official action approving the undertaking of the carryforward project; (2) A written opinion of legal counsel, addressed to the department, to the effect that the issuer is authorized under the laws of the state to issue bonds for projects of the same type and nature as the project which is the subject of the carryforward election application. This opinion shall cite by constitutional or statutory reference, including a reference to the session laws of the General Assembly in the case of a constitutional reference, the provisions of the Constitution or law of the state which authorizes bonds for the project; Page 846 (3) A written opinion of legal counsel, addressed to the department, to the effect that the bonds which are covered by the carryforward election application will, based upon the information available at the time to such legal counsel, qualify for carryforward under Section 146(f) of the Federal Code; and (4) Any other information as reasonably required by the department. (c) The department shall, in its discretion, decide which carryforward election applications shall receive a notice of allocation. The decision of the department shall be final and conclusive. 36-82-200. No issuer of single-family housing bonds may elect to exchange any part of a notice of allocation for mortgage credit certificates without the written authorization of the department. Such authorization shall be in the discretion of the commissioner, and no issuer shall have any right to such authorization. Any unused amount of the state ceiling remaining on the last business day of each year and not subject to a notice of allocation shall automatically be exchanged for mortgage credit certificates carryforward elections in such amounts and to such issuers as the department may determine. Applications for mortgage credit certificates for carryforward purposes shall be on the same forms and accompanied by the same items as required by Code Section 36-82-199. 36-82-201. If necessary or appropriate for complying with federal rules and regulations implementing the Federal Code, the state ceiling shall be deemed to be allocated to the state and the state's allocation shall be deemed to be or have been assigned to the issuers to which notices of allocations are or were issued. 36-82-202. The provisions of this article shall apply to all bonds issued on or after April 1, 1990. Page 847 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, 1990. QUALITY BASIC EDUCATION ACTPROGRAM WEIGHTS. Code Title 20, Chapter 2, Article 6 Amended. No. 1214 (House Bill No. 1756). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, so as to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to add a separate program weight for upper elementary grades; to provide for variations in the program weights; to change certain minimum expenditure requirements; to provide for other matters related to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, is amended by striking Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof a new Code Section 20-2-161 to read as follows: 20-2-161. (a) The instructional program for grades six through eight is declared to be the base program against which Page 848 the cost of all other instructional programs shall be compared. The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the `base amount' and shall reflect program components which constitute the program weight for the middle grades program in Code Sections 20-2-182 through 20-2-186. The program weights listed in subsection (b) of this Code section were calculated using component costs recommended by the task force appointed pursuant to subsection (f) of this Code section. Such component costs for the base amount shall be adjusted annually consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories. (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights: (1) Kindergarten program 1.346 (2) Primary grades program (1-3) 1.265 (3) Upper elementary grades program (4-5) 1.020 (4) Middle grades program (6-8) 1.000 (5) High school general education program (9-12) 1.001 (6) High school nonvocational laboratory program (9-12) 1.219 (7) Vocational laboratory program (9-12) 1.336 (8) Program for the handicapped: Category I 2.246 (9) Program for the handicapped: Category II 2.583 (10) Program for the handicapped: Category III 3.265 (11) Program for the handicapped: Category IV 5.236 (12) Program for intellectually gifted students: Category V 1.583 (13) Remedial education program 1.313 (c) For purposes of calculating the annual allotment of funds to each local school system, the program weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section, consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components, by not more than 1 percent. (d) The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section: (1) Multiply the average full-time equivalent program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section; Page 850 (2) Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and (3) Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection (e) of this Code section. The process and associated components contained within this Code section shall be known as the `Quality Basic Education Formula.' (e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. Such additional amount shall be known as `program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year. (f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems. Section 2 . Said article is further amended in Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs, by striking Page 851 paragraphs (1) and (2) of subsection (a) in their entirety and inserting in lieu thereof new paragraphs (1) and (2) of subsection (a) 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, specifying the salaries and operational costs portions. `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. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for salaries in direct instructional costs for such salaries and a minimum of 90 percent of the funds designated for operational costs in direct instructional costs for such operational costs, except as modified in this paragraph. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the direct instructional costs of an instructional program. In the 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 the appropriate portions of the 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 appropriate portions of 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 Page 852 shall be equal to the combined amount of increases in the 90 percent amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amounts 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 the appropriate portions of the 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. (2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system Page 853 does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161. Section 3 . Said article is further amended by striking Code Section 20-2-181, relating to the base school sizes reflected in program weights, in its entirety and inserting in lieu thereof a new Code Section 20-2-181 to read as follows: 20-2-181. The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calcultion of program weights for the middle grades (6-8) program, the special education programs, and the remedial education program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 full-time equivalent students. Section 4 . Said article is further amended in Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, by striking subsections (b), (c), and (g) and inserting in lieu thereof new subsections (b), (c), and (g) to read as follows: (b) The program weights for the kindergarten program, the primary grades program, and the remedial education program shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional Page 854 Further, the base amount and program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly. (c) The program weights for the primary, upper elementary, and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly. (g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used Page 855 for activities occurring during the period of the fiscal year that an employee is under contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. Section 5 . Said article is further amended by striking Code Section 20-2-186, relating to the salaries of superintendents, visiting teachers, and certain other personnel reflected in program weights, and inserting in lieu thereof a new Code Section 20-2-186 to read as follows: 20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly. Page 856 Section 6 . (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1990. (b) Section 2 of this Act shall become effective on the earlier of the following dates: (1) The date on which funding is provided for the base amount in the Quality Basic Education Formula as specified in subsection (a) of Code Section 20-2-161, as amended by this Act; or (2) July 1, 1992. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. RAPID RAIL PASSENGER SERVICE LINES. Code Title 46 Amended. No. 1215 (House Bill No. 1763). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the amount and time of payment of certain special fees paid by corporations and utilities subject to jurisdiction of the Public Service Commission; to change certain residency requirements with respect to the qualifications of special officers for the protection of railroad property; to provide that the jurisdiction, powers, duties, authority, and control of the Public Service Commission shall be extended to rapid rail passenger service lines and persons or private companies operating such lines in this state; to provide an exception; to define a certain term; to require a person to obtain a permit from the Public Service Commission prior to the operation of a rapid rail passenger service line; to authorize the Public Page 857 Service Commission to promulgate rules and regulations with respect to applications for permits and the establishment of guidelines and standards which an applicant must comply with prior to being issued a permit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking subsections (a) and (b) of Code Section 46-2-10, relating to payment of a special fee by corporations and utilities subject to jurisdiction of the Public Service Commission, and inserting in their place new subsections (a) and (b), respectively, to read as follows: (a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $1,050,000.00 per annum. (b) (1) Not later than December 1, 1990, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1991. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (2) Effective January 1, 1991, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall be available for Page 858 appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. Section 2 . Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 46-2-20, relating to the jurisdiction of the Public Service Commission generally, and inserting in lieu thereof new subsections (a) and (d) to read as follows: (a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, gas or electric light and power companies, and persons or private companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (d) The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands. Section 3 . Said title is further amended by striking in its entirety subsection (a) of Code Section 46-8-232, relating to qualifications of special officers for the protection of railroad property, and inserting in its place a new subsection (a) to read as follows: (a) Every special officer appointed and commissioned under this article shall be a resident of the United States and of good character. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on the faithful performance of his duties. Section 4 . Said title is further amended by adding between Chapters 8 and 9 a new Chapter 8A to read as follows: Page 859 CHAPTER 8A 46-8A-1. As used in this chapter, the term `person' means any corporation, company, firm, association, or individual operating a public rapid rail passenger service line in this state, provided that said term shall not include any public corporation or governmental entity. 46-8A-2. Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who complies with the guidelines and standards established by the commission. 46-8A-3. The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by mail or by personal service to the chief executive officer of the municipalities affected, if any, and shall publish such notice once a week for three consecutive weeks in a newspaper of general circulation in each county affected. 46-8A-4. This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into territory contiguous to that already served by that person and not receiving similar service from another person if no permit has been issued to or applied for by any other person. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 860 HEALTH CARE FACILITIESCERTIFICATES OF NEED; REVOCATION. Code Section 31-6-45.1 Enacted. No. 1216 (House Bill No. 1939). AN ACT To amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide additional conditions for revocation of certificates of need or authority to operate; to provide for the continuation of the offering of certain services under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, is amended by adding after Code Section 31-6-45 a new Code section to read as follows: 31-6-45.1. (a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the planning agency upon: (1) The one hundred and eightieth day following the date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been no appeal, pursuant to Code Section 31-5-3, of the department's revocation; or (2) The date an order or action of the department revoking that facility's permit to operate pursuant to Code Section 31-7-4 has become final, in those cases in which there has been an appeal, pursuant to Code Section 31-5-3, of the department's revocation. Page 861 The planning agency may become a party to any judicial proceeding to review a decision by the department to revoke such a permit. (b) The services which had been authorized to be offered by a health care facility for which a certificate of need has been revoked pursuant to subsection (a) of this Code section may continue to be offered in the service area in which that facility was located under such conditions as specified by the planning agency notwithstanding that some or all of such services could not otherwise be offered as new institutional health services. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. SEWAGE HOLDING TANK ACT. Code Title 12, Chapter 15 Enacted. No. 1217 (House Bill No. 1957). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to regulate the use of holding tanks for the collection and disposal of sewage from flush toilets used at construction sites and special events; to provide for a short title; to provide a statement of purpose; to provide for definitions; to provide for the requirements for the operation of holding tanks for sewage when flush toilets are used; to provide for the requirements for the operation, service, and maintenance of such holding tanks and holding tank systems; to provide for disposal of sewage from such holding tanks; to provide Page 862 for enforcement; to provide for rules and regulations; to provide for penalties; to repeal conflicting laws, and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 15, to read as follows: CHAPTER 15 12-15-1. This chapter shall be known and may be cited as the `Sewage Holding Tank Act.' 12-15-2. The General Assembly finds that there is a need for sewage holding tanks to accommodate the sewage from flush toilets which serve the needs of employees at construction sites during the temporary period of construction and the needs of the public at special events, and that such sewage holding tanks should be regulated to ensure that they are maintained in a clean, sanitary, and functional condition for the protection of human health, safety, and welfare. Where such sewage holding tanks are utilized, their construction, maintenance, and operation shall meet the standards of this chapter and all health and safety regulations applicable thereto: 12-15-3. As used in this chapter, the term: (1) `Construction period' means the period of time during which a valid construction permit is in effect for a construction site. (2) `Construction site' means the property designated in a valid construction permit issued by the local government having jurisdiction of construction. (3) `Department' means the Department of Natural Resources. (4) `Sewage' means human excreta, all water carried wastes, and liquid waste, including graywater or similar waste by-products. Page 863 (5) `Sewage holding tank' means a portable receptacle used on a temporary basis for containing sewage from flush toilets not connected to a public sewer system or an approved on-site sewage management system. (6) `Sewage holding tank system' means a closed system including the plumbing fixtures and connections to the sewage holding tanks. (7) `Special event' means any activity attracting more than 50 persons which is sponsored, organized, promoted, managed, or financed by any person, group, partnership, organization, corporation, business or government entity where individuals congregate to participate in or observe an activity in outdoor or portable enclosed or semienclosed structures for more than two consecutive hours. 12-15-4. Sewage holding tanks may be utilized for construction trailers only at a construction site during the construction period, and at the site of any special event during the period of the special event and for 48 hours before and after the special event. Sewage holding tanks shall not be used as an approved method of sewage disposal in obtaining an occupancy permit or permanent power for any structure. 12-15-5. (a) Sewage holding tanks shall be maintained in a clean, sanitary, and functional condition and shall be constructed of impervious materials. Sewage holding tanks shall be watertight and capable of containing the sewage in a sanitary manner and shall be adequate in size to contain the sewage from the flush toilets being served by the tank and shall be serviced at least once per week while in use so that the tank will not be filled to more than one-half of its volume between regularly scheduled service. The prime contractor at a construction site or sponsor at a special event must monitor sewage holding tank capacity and ensure that the tank volume will not exceed one-half of the tank capacity at any time. (b) Any defective or inadequate holding tank shall be repaired immediately or removed from service. (c) Removal of sewage from sewage holding tanks shall be accomplished in a clean and sanitary manner by means of a Page 864 vacuum hose and shall be received into a leakproof tank truck, approved and licensed for such service by the local health department for transport. Any sewage spilled, leaked, discharged, or otherwise released or removed from a sewage holding tank to any location other than a leakproof tank truck shall be deemed a violation of Article 2 of Chapter 5 of this title, the `Georgia Water Quality Control Act,' and such violation shall be punishable under the provisions of said Article 2. (d) The sewage from sewage holding tanks carried by tank trucks shall be disposed only at a sewage treatment plant which is owned and operated by a city or county government and which holds a valid permit from the division. Such disposal shall occur only with the permission of the city or county government which owns the sewage treatment plant. Any disposal of sewage from a tank truck at any location other than the place inside the property boundaries of a sewage treatment plant designated by the plant's owner, shall be deemed to be a violation of Article 2 of Chapter 5 of this title. Such violation shall be punishable under the provisions of said Article 2. (e) The sewage holding tank provider shall be responsible for maintaining a manifest system to ensure that all sewage pumped from a holding tank is disposed of in accordance with subsection (d) of this Code section. A responsible employee of the city or county sewage treatment plant which receives the sewage must sign a manifest for each load of sewage received, and the sewage holding tank provider must make the manifests available on each tank truck at any time for inspection by the division or any county board of health. 12-15-6. The prime contractor named in the construction permit or the sponsor of a special event and the sewage holding tank service provider shall be responsible for ensuring that the appropriate provisions of this chapter are complied with. 12-15-7. The department and respective county boards of health and their duly authorized agents are authorized to enforce compliance with this chapter and rules and regulations promulgated and adopted pursuant to this chapter. 12-15-8. Any person violating the provisions of this chapter shall be deemed to be in violation of Article 2 of Chapter 5 of Page 865 this title. Any such violation shall be punishable under the provisions of said Article 2. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. DISTRICT ATTORNEYS' RETIREMENT ACTMEMBERSHIP; BENEFITS; JUDGES OF SUPERIOR COURTS. Code Sections 47-13-2, 47-13-70, and 47-13-71 Amended. Code Section 47-13-40.1 Enacted. No. 1218 (Senate Bill No. 72). AN ACT To amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the District Attorneys' Retirement Act, so as to change the provisions relating to the definition of average annual compensation; to provide that members of the retirement system may retain membership while holding certain other positions or offices; to authorize certain judges of the superior courts to transfer from the Superior Court Judges Retirement System to the District Attorneys' Retirement System; to provide for appointment of certain retiring superior court judges as senior judges; to change the provisions relating to retirement and disability benefits; to provide for other matters relative to the foregoing; to provide conditions 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 . Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the District Attorneys' Retirement Act, is amended by striking paragraph (3) of Code Section 47-13-2, relating Page 866 to definitions, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Average annual compensation' means the average annual compensation of a member during the two consecutive years of creditable service producing the highest such average, except that any increase in compensation during such two-year period which exceeds an annual increase in compensation of 5 percent shall not be counted in determining average annual compensation. Section 2 . Said chapter is further amended by adding immediately following Code Section 47-13-40 a new Code Section 47-13-40.1 to read as follows: 47-13-40.1. (a) The provisions of this or any other law to the contrary notwithstanding, any member of the retirement system who, without any break in service, accepts an appointment or is elected to any position or office in the state government covered by Chapter 2 of this title, the Employees' Retirement System of Georgia, or Chapter 9 of this title, the Superior Court Judges Retirement System, shall have the right to decline membership in either such retirement System and remain a member of the retirement system provided for in this chapter while holding such other position or office. The right granted by this subsection shall be exercised within 30 days after taking such other position or office by sending written notification to the board of trustees of this retirement system and the board of trustees of the other retirement system. (b) (1) The provisions of this subsection shall apply to any superior court judge who is a member of the Superior Court Judges Retirement System provided for in Chapter 9 of this title, who was a member of this retirement system at the time of taking office as a superior court judge, who had at least ten years of creditable service under this retirement system at such time, and who has not withdrawn employee contributions from this retirement system. (2) The provisions of this or any other law to the contrary notwithstanding, any superior court judge described in paragraph (1) of this subsection shall have the right to withdraw from membership in the Superior Court Judges Retirement Page 867 System provided for in Chapter 9 of this title and reestablish and continue membership in this retirement system while holding office as a superior court judge, subject to the following requirements: (A) A superior court judge shall exercise the right granted by this subsection by notifying, in writing, the boards of trustees of the two retirement systems by not later than January 1, 1991; (B) Upon receiving notification under subparagraph (A) of this paragraph, the Board of Trustees of the Superior Court Judges Retirement System shall transfer to the fund provided for in this chapter an amount equal to the employee and employer contributions, plus regular interest thereon, contributed by and on behalf of the transferring judge during the time the judge was a contributing member of the Superior Court Judges Retirement System; (C) Upon the transfer of funds under subparagraph (B) of this paragraph, the transferring superior court judge shall be granted creditable service under this retirement system equal to the creditable service obtained as a contributing member of the Superior Court Judges Retirement System; and (D) The transferring superior Court judge shall pay to the fund provided for in this chapter or to the Superior Court Judges Retirement Fund provided for in Code Section 47-9-23, or to both such funds, as the case may be, the amount, if any, necessary to fund the actuarial cost, as determined by the boards of trustees of the respective retirement systems, which is directly attributable to transferring from the Superior Court Judges Retirement System to this retirement system. (c) The basis for employee contributions to and the computation of benefits under this retirement system for a person who remains a member of or transfers to this retirement system as authorized by subsections (a) and (b) of this Code section shall be the state salary paid to the person in the position or office held by the person. Employer contributions for any such Page 868 members shall be determined and paid as provided in Code Section 47-13-50. (d) Any superior court judge who elects to become or continue to be a member of this retirement system pursuant to the provisions of subsection (a) or (b) of this Code section, who completes at least ten years of service as a superior court judge, and who retires pursuant to the provisions of this chapter may become a senior judge under the provisions of Code Section 47-9-60 as if the judge retired under the Superior Court Judges Retirement System. Section 3 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-13-70, relating to retirement benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a retirement benefit. The retirement benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent of the member's average annual compensation multiplied by the member's total number of years of creditable service, not to exceed 16 years. After obtaining at least ten years of creditable service, a member may cease to hold office as a district attorney prior to reaching age 60 and may begin receiving the monthly retirement benefit upon reaching age 60, if the member's contributions to the fund are not withdrawn. (b) After obtaining 16 years of creditable service, a member who continues in service shall continue to make employee contributions to the fund, but the maximum retirement benefit shall be based on 16 years of creditable service. In the event a member continues in service after obtaining 16 years of creditable service, the member's `average annual compensation' for purposes of computing the member's retirement benefit shall be computed as provided in paragraph (3) of Code Section 47-13-2. Section 4 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 47-13-71, relating to disability Page 869 benefits, in their entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who becomes totally and permanently disabled to the extent of being unable to perform the duties of the member's office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Code Section 47-13-70, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided for by subsection (a) of Code Section 47-13-70 after 16 years of creditable service. (b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who becomes totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent of being unable to perform the duties of the member's office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under subsection (a) of Code Section 47-13-70, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided for by subsection (a) of Code Section 47-13-70 after 16 years of creditable service. Section 5 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 870 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. UNEMPLOYMENT COMPENSATIONFISHING. Code Section 34-8-40 Amended. No. 1219 (Senate Bill No. 232). AN ACT To amend Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, so as to provide that services performed by certain individuals in the catching or harvesting of fish and similar services shall not be considered as employment; to provide conditions; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-8-40 of the Official Code of Georgia Annotated, relating to the definition of employment for purposes of unemployment compensation, is amended by striking the word or at the end of paragraph (13) of subsection (o) of said Code section, by striking the period at the end of paragraph (14) of subsection (o) and inserting in its place a semicolon, and by adding two new paragraphs (15) and (16) to read as follows: (15) Service performed by an individual in or as an officer or member of the crew of a vessel while it is engaged in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic Page 871 forms of animal and vegetable life, including service performed by any such individual as an ordinary incident to any such activity, except: (A) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes; and (B) Service performed on or in connection with a vessel of more than ten net tons, which tonnage shall be determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States; or (16) Service, other than service performed by a child under the age of 18 in the employ of his father or mother, performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of such boat pursuant to which: (A) Such individual does not receive any cash remuneration other than as provided in subparagraph (B) of this paragraph; (B) Such individual receives a share of the boat's catch or, in the case of fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of such catch; and (C) The amount of such individual's share depends on the amount of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life, but only if the operating crew of such boat or, in the case of a fishing operation involving more than one boat, the operating Page 872 crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. AUTHORITIESMEMBERSHIP OF SECRETARY OF STATE. Code Section 2-3-5 Amended. Code Title 12, Chapter 3 Amended. No. 1220 (Senate Bill No. 460). AN ACT To amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to remove the Secretary of State from membership on the authority; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, so as to remove the Secretary of State from membership on the governing bodies of certain associations and authorities; to so affect the membership of the Stone Mountain Memorial Association, the Jekyll IslandState Park Authority, the Lake Lanier Islands Development Authority, and the Upper Savannah River Development Authority; 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 2-3-5 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: Page 873 (a) The authority shall consist of 14 members as follows: (1) The Commissioner of Agriculture or his designee; (2) The president of the Georgia Farm Bureau Federation or his designee; (3) A member of the Public Service Commission to be appointed by the Governor; (4) The director of the Tourist Division of the Department of Industry, Trade, and Tourism; (5) The director of the Coastal Plains Experiment Station; (6) A representative appointed by the executive committee of the University of Georgia College of Agriculture Alumni Association; (7) A member of the Chamber of Commerce of Tift County to be appointed by the board of directors of that organization; and (8) Seven members to be appointed by the Governor, one of whom shall be a resident of the Tift County, and another who shall be a member of the Georgia Young Farmers Association. The members appointed by the Governor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term. Section 2 . Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreational facilities, is amended by striking subsection (a) of Code Section 12-3-193, relating to membership of the Stone Mountain Memorial Association, and inserting in its place a new subsection (a) to read as follows: (a) The association shall be composed of the commissioner of natural resources and five members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Page 874 Atlanta area. The members appointed by the Governor shall be appointed for a term of four years and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. Section 3 . Said Chapter 3 of Title 12 is further amended by striking subsection (a) of Code Section 12-3-233, relating to membership of the Jekyll IslandState Park Authority, and inserting in its place a new subsection (a) to read as follows: (a) The authority shall be composed of the commissioner of natural resources and five residents of this state, one of whom shall be from the coastal area of Georgia, to be appointed by the Governor. The five members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. The members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors, except that the terms of the first four appointments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. An appointment by the Governor to fill a vacancy shall be made for the unexpired term. Page 875 Section 4 . Said Chapter 3 of Title 12 is further amended by striking the undersignated introductory language of subsection (a) of Code Section 12-3-312, relating to membership of the Lake Lanier Islands Development Authority, and inserting in its place new undersignated introductory language to read as follows: The authority shall consist of seven members as follows: the commissioner of natural resources and six additional members appointed by the Governor as follows: . Section 5 . Said Chapter 3 of Title 12 is further amended by striking subsection (b) of Code Section 12-3-401, relating to membership of the Upper Savannah River Development Authority, and inserting in its place a new subsection (b) to read as follows: (b) The authority shall consist of six members as follows: the commissioner of natural resources and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 876 CIVIL PROCEDURERENEWAL OF CASE AFTER DISMISSAL. Code Section 9-2-61 Amended. No. 1221 (Senate Bill No. 586). AN ACT To amend Code Section 9-2-61 of the Official Code of Georgia Annotated, relating to the renewal of a case after dismissal, so as to apply the privilege of renewal in cases which are originally filed in either a state or federal court which does not have subject matter jurisdiction; to provide for other matters relating thereto; 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 9-2-61 of the Official Code of Georgia Annotated, relating to the renewal of a case after dismissal, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) The provisions of subsection (a) of this Code section granting a privilege of renewal shall apply if an action is discontinued or dismissed without prejudice for lack of subject matter jurisdiction in either a court of this state or a federal court 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 4, 1990. Page 877 SALE OR GRANT OF MUNICIPAL OR COUNTY PROPERTY TO THE STATE. Code Sections 36-9-3 and 36-37-6 Amended. No. 1222 (Senate Bill No. 687). AN ACT To amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for sale or disposition of county real property generally, so as to provide that the governing authorities of counties may sell or grant real or personal property to the State of Georgia; to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the governing authorities of municipalties may sell or grant real or personal property to the State of Georgia; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county property generally, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any county determines that the establishment of a facility of the state or one of its authorities or other instrumentalities would be of benefit to the county, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such county may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way. Page 878 Section 2 . Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation determines that the establishment of a facility of the state or one of its authorities or other instrumentalities would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 879 RETIREMENT AND PENSIONSINCREASE TO OFFSET TAXATION OF BENEFITS AUTHORIZED. Code Title 47, Chapter 1, Article 3 Enacted. No. 1223 (House Bill No. 738). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to authorize boards of trustees of certain retirement or pension systems to increase benefits of persons receiving benefits on a certain date to offset or partially offset the taxation of such benefits under Georgia income tax laws; to provide for definitions; to provide that such authority is in addition to any other powers possessed by boards of trustees pursuant to the provisions of any other laws; to provide for other matters relative to the foregoing; to provide conditions 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 . Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Chapter 1, relating to general provisions applicable to retirement, a new Article 3 to read as follows: ARTICLE 3 47-1-30. (a) As used in this Code section, the term: (1) `Board of trustees' means the board of trustees or other fiscal authority or governing body, by whatever name designated, of a retirement system. (2) `Retirement system' means a retirement or pension system or fund created by or pursuant to the authority of Georgia law which was listed in paragraph (4) of subsection (a) of Code Section 48-7-27 on January 1, 1989. (b) The board of trustees of a retirement system is authorized to increase benefits being paid to persons receiving Page 880 benefits under the retirement system on July 1, 1990, to offset, wholly or partially, the taxation of retirement benefits pursuant to the provisions of Chapter 7 of Title 48, relating to Georgia income taxes, provided that any increase in benefits granted pursuant to the authority of this subsection: (1) Shall not apply to any portion of a benefit which exceeds $37,500.00 on the date the benefit increase is granted; and (2) Shall be consistent with maintaining the actuarial soundness of the retirement system in conformity with minimum funding requirements of Code Section 47-20-10. (c) The provisions of this Code section are in addition to any powers possessed by a board of trustees pursuant to the provisions of any other law. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 881 CRIMINAL TRESPASS BY MOTOR VEHICLEIDENTIFICATION OF PARKING AREAS. Code Section 16-7-29 Amended. No. 1224 (House Bill No. 1158). AN ACT To amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, so as to change the provisions relating to the identification of parking areas by signs which denote the elements of the crime of criminal trespass by motor vehicle; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to criminal trespass by motor vehicle, 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) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign at each entrance to the parking area, each such sign containing the following information in easy to read printing: (A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and Page 882 (D) Warning that violators will be prosecuted; and. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. THE GEORGIA MUNICIPAL COURTS TRAINING ACT. Code Section 36-32-11 Enacted. Code Title 36, Chapter 32, Article 2 Enacted. No. 1225 (House Bill No. 1294). AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide training requirements for judges of municipal courts; to provide for payment of training costs; to create the Georgia Municipal Courts Training Council to administer the training of municipal judges; to provide a short title; to define certain terms; to provide for the appointment of members of the Georgia Municipal Courts Training Council and for their oath of office, organization, reimbursement for expenses, and powers and duties; to provide for initial training of municipal judges and for additional annual training; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by adding following Code Section 36-32-10 a new Code Section 36-32-11 to read as follows: Page 883 36-32-11. (a) All judges of the municipal courts shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of training completed by municipal judges. (c) If any municipal judge does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission, which shall remove the municipal judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the municipal judge. (d) The reasonable costs and expenses of such training shall be paid by the governing authority of the municipality from municipal funds. Section 2 . Said chapter is further amended by designating Code Sections 36-32-1 through 36-32-11 as Article 1 of said chapter and adding following Article 1 a new Article 2 to read as follows: ARTICLE 2 36-32-20. This article shall be known and may be cited as `The Georgia Municipal Courts Training Council Act.' 36-32-21. As used in this article, the term: (1) `Certified municipal judge' means a municipal judge who has the appropriate required certificate of training issued by the council and on file with the council or a municipal judge who is exempted from such training by subsection (d) of Code Section 36-32-27. (2) `Council' means the Georgia Municipal Courts Training Council. (3) `Municipal court' means and includes any municipal court as defined in subsection (a) of Code Section 36-32-1. Page 884 (4) `Municipal judge' means a judge of a municipal court. (5) `School' means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council. 36-32-22. (a) There is established a council which shall be known and designated as the `Georgia Municipal Courts Training Council' and which shall be composed of the director of the administrative office of the courts or his designee, which member shall not be a voting member, and five municipal judges who shall be appointed by the Governor upon the recommendations of the Georgia Municipal Association. The initial terms for two members shall expire on December 31, 1991. The initial terms for three members shall expire on December 31, 1992. Following the expiration of these initial terms, their successors shall be appointed for terms of two years. (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) Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership. 36-32-23. Immediately and before entering upon the duties of office, the members of the Georgia Municipal Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each member a certificate of appointment. 36-32-24. (a) A chairman and vice-chairman shall be elected at the first meeting of each calendar year. Page 885 (b) The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council. (c) A simple majority of the members of the council shall constitute a quorum for the transaction of business. (d) The council shall maintain minutes of its meetings and such other records as it deems necessary. (e) The council shall report at least annually to the Governor and to the General Assembly as to its activities. 36-32-25. The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly. 36-32-26. The council is vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article; (3) To approve schools and to prescribe minimum qualifications for instructors at approved schools; (4) To issue a certification to any municipal court judge satisfactorily complying with an approved training program established; (5) To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and (6) To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing Page 886 the initial in-service, advanced, specialized, and continuing training courses for certification. 36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his duties, prior to December 31, 1991, and shall attend the first scheduled training session held after the date of his election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) In order to maintain the status of a certified municipal judge, each person certified as such shall complete 12 hours of additional training per annum during each calendar year after the year of his initial certification in which he serves as municipal judge. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. MAGISTRATE COURTSPOST-JUDGMENT INTERROGATORIES. Code Section 15-10-50 Amended. No. 1226 (House Bill No. 1397). AN ACT To amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, so as to provide for an additional interrogatory; to provide for an increase in the threshold value of items that must be identified and located; to provide that an evasive or incomplete answer shall be treated as a Page 887 failure to answer; 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 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in proceedings in magistrate court, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The interrogatories, verification, and notice shall be in substantially the following form: Page 888 1. List your full name, home phone number, and address, including apartment number and ZIP code. 2. List the name, address, and phone number of your employer(s). 3. Describe and state the location of each piece of real estate in which you own any interest. 4. Give the name, address, phone number, and a description of the nature of any business venture in which you own any interest. 5. List the names, addresses, and phone numbers of all persons who owe money to you and specify the amounts owed. 6. List the names and addresses of all banks or savings institutions where you have any sums of money deposited and identify the accounts by number. 7. List and give the present location of all items of personal property owned by you that have a value of more than $100.00. Page 889 NOTICE YOU ARE REQUIRED TO PROVIDE COMPLETE ANSWERS TO THE ABOVE-STATED QUESTIONS TO THE PLAINTIFF WITHIN 30 DAYS AFTER SERVICE OF THESE INTERROGATORIES UPON YOU. IF YOU DO NOT ANSWER, OR DO NOT ANSWER COMPLETELY, YOU MAY BECOME SUBJECT TO THE SANCTIONS PROVIDED BY LAW FOR CONTEMPT OF COURT. IF YOU NEED FURTHER INSTRUCTION OR IF YOU NEED ASSISTANCE IN ANSWERING THE QUESTIONS CONTACT THE COURT AT ONCE. Section 2 . Said Code section is further amended by adding a new subsection (f) to read as follows: (f) An evasive or incomplete answer to an interrogatory shall be treated as a failure to answer. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. COUNTIESAD VALOREM TAXATION; REPORT SHOWING MILEAGE RATE AND ASSESSED VALUE REQUIRED. Code Section 48-5-32 Enacted. No. 1227 (House Bill No. 1540). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to require county governing authorities to publish annual reports containing the millage Page 890 rate and assessed taxable value of certain property subject to certain taxation for the current calendar year and the immediately preceding five calendar years; to provide for the contents of such reports; 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 regarding ad valorem taxation of property, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-5-32, to read as follows: 48-5-32. At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ of such county throughout the county. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the validity of the levy. Such report shall contain the following: (1) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preceding five fiscal years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years; and (2) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar Page 891 amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. LICENSED PRACTICAL NURSESLICENSURE RECIPROCITY WITH OTHER STATES. Code Section 43-26-34 Amended. No. 1228 (House Bill No. 1563). AN ACT To amend Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, so as to change the conditions for the issuance of such licenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-26-34 of the Official Code of Georgia Annotated, relating to licensure for licensed practical nurses by endorsement, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 43-26-34. Any other provision of this article to the contrary notwithstanding, the board, in its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has been duly licensed or registered as a practical nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing Page 892 and was issued based upon completion of a program and passage of an examination which program and examination have been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person makes application for a license by endorsement through the joint-secretary. The approval or denial of a license by endorsement under this Code section shall be in the sole discretion of the board; and a denial thereof shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' but the applicant shall be allowed to appear before the board if he so desires. Nothing in this Code section shall be construed to prevent an applicant who is denied a license by endorsement from taking the examination for licensure, provided that such applicant is otherwise eligible to take the examination and has met the requirements therefor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. EDUCATIONMIDDLE SCHOOLS; GRANTS. Code Section 20-2-290 Amended. No. 1229 (Senate Bill No. 440). AN ACT To amend Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, so as to provide for additional criteria and standards for grants to school systems that operate middle schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 893 Section 1 . Code Section 20-2-290 of the Official Code of Georgia Annotated, relating to organization of schools, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the 60th percentile on a nationally normed test of reading achievement administered within the previous or current school year as one of the language arts which are required to meet the eligibility requirements for such grants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, Page 894 two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time (equivalent count for the middle grades program in qualified middle schools. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. HOSPITAL FINANCING AUTHORITY ACT. Code Title 31, Chapter 7, Article 10 Amended. No. 1230 (Senate Bill No. 468). AN ACT To amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the Hospital Equipment Financing Authority Act, so as to broaden the authority's power to encompass the acquisition and construction of facilities; to change the authority's name; to change the short title of the article; to change the statement of purpose; to change the definition of certain terms; to define an additional term; to change the provisions relating to the creation of the authority; to change the provisions relating to the powers of the authority; to provide for legal representation by the Attorney General; to change the provisions relating to the effect of Article 10 of Chapter 7 of Title 31 on statutes which require competitive bidding; to change the provisions relating to the program of providing health equipment to providers of health facilities; to change the provisions relating to the issuance of bonds by the authority; to change the provisions relating to the authorization to secure bonds; to change the provisions relating to the restriction on the disposition of funds received by the authority; Page 895 to change the provisions relating to the tax-exempt status of the authority; to change the provisions relating to the submission of annual reports to the Governor and the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the Hospital Equipment Financing Authority Act, is amended by striking in its entirety Code Section 31-7-190, relating to the short title of said article, and inserting in lieu thereof a new Code Section 31-7-190 to read as follows: 31-7-190. This article shall be known and may be cited as the `Hospital Financing Authority Act.' Section 2 . Said article is further amended by striking in its entirety Code Section 31-7-191, relating to the statement of purpose of said article, and inserting in lieu thereof a new Code Section 31-7-191 to read as follows: 31-7-191. The purpose of this article shall be to provide a mechanism through which hospitals may finance health equipment and facilities at lower than prevailing costs and to make this mechanism available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients. section 3 . Said article is further amended by striking in its entirety Code Section 31-7-192, relating to definitions, and inserting in lieu thereof a new Code Section 31-7-192 to read as follows: 31-7-192. As used in this article, the term: (1) `Authority' means the Hospital Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. Page 896 (2) `Bond,' `bonds,' or `revenue bonds' means revenue bonds, refunding bonds, refunding notes, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider or health facility or any other lawfully pledged security of a participating provider or health facility. (3) `Cost' as applied to a project or any portion thereof financed under this article includes: (A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of a project; (B) The cost of any property interest in a project, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost and of revenue; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of a project; (D) The cost of financing charges, including premiums or prepayment penalties and interest accrued before the acquisition and installation or refinancing of such project for up to three years after such acquisition and installation or refinancing and costs related to a project for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of a project, including out-of-pocket expenses, the cost of any policy of insurance, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; Page 897 (F) The costs of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and (G) The costs paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any participating provider. (4) `Health facility' means any nonprofit health care facility licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel. (4.1) `Nonprofit' means exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (5) `Participating provider' means a nonprofit person, corporation, municipal corporation, or political subdivision or other nonprofit entity, public or private, which: (A) Is a hospital authority or is affiliated with a hospital authority organized and existing under the provisions of Article 4 of this chapter, the `Hospital Authorities Law'; or (B) Owns or operates, directly or indirectly, or is affiliated with at least one nonprofit health facility which is licensed as a hospital by the department under Article 1 of this chapter and which contracts under this chapter with the authority for the financing or refinancing of, or the lease or other acquisition of, a project. (6) `Project' means and includes the acquisition, construction, and equipping of a health facility. Page 898 Section 4 . Said article is further amended by striking in its entirety Code Section 31-7-193, relating to the creation of the Hospital Equipment Financing Authority, and inserting in lieu thereof a new Code Section 31-7-193 to read as follows: 31-7-193. (a) There is created, with such duties and powers as are set forth in this chapter, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Hospital Financing Authority. (b) The authority shall be governed by five members appointed by the Governor, including: (1) At least one trustee, director, officer, or employee of a health facility or an association of health facilities; (2) At least one person who has experience in the field of state and municipal finance either as a partner, officer, or employee of an investment banking firm which originates and purchases state and municipal securities or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio; and (3) At least one person who has experience in the hospital building construction field or the hospital equipment field. (c) All members must be Georgia residents. (d) Two of the members appointed in 1984 shall be appointed for a term expiring January 1, 1986; two shall be appointed for a term expiring January 1, 1988; and one shall be appointed for a term expiring January 1, 1990. Thereafter, each member shall be appointed for a six-year term. Vacancies in the membership of the authority shall be filled for the unexpired term by appointment by the Governor. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Members may be reappointed. Any member may be removed from office by the Governor Page 899 for incompetency, neglect of duty, or malfeasance in office. (e) The members shall elect a chairman, a vice chairman, and other officers. The members may not be compensated for their services but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (f) A majority of the members of the authority constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present and who are not disqualified from voting under subsection (k) of this Code section is necessary for any action to be taken by the authority. No vacancy in the membership of the authority impairs the right of a quorum to exercise all rights and perform all duties of the authority. (g) Meetings of the members of the authority shall be held at the call of the chairman or whenever any two members so request. The members shall meet at least once every year. (h) The authority may contract with one or more entities or persons to provide an administrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from participating providers for the lease or purchase from the authority, or financing, reimbursing, or refinancing by the authority, of a project and to service the leases, installment purchase contracts, and loan agreements between the authority and the participating providers. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of any such entity. (i) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive Page 900 director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or another person to be responsible for carrying out the duties set out in this subsection and in subsection (h) of this Code section. (j) (1) Notwithstanding any other law or judicial decision to the contrary, a member of the authority does not violate any law, civil or criminal, if: (A) He is qualified under paragraph (1) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting of the authority with respect to any undertaking under this article in which the participating provider with which that person is affiliated has a pecuniary interest at the time of such discussion, deliberation, action, or vote; (B) He is qualified under paragraph (2) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to any sale, purchase, or ownership of bonds of the authority in which the investment banking firm, or insurance company, or bank of which the member is a partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; (C) He is qualified under paragraph (3) of subsection (b) of this Code section and he abstains from discussion, deliberation, action, and voting with the authority with respect to the installation or acquisition of a project of the authority in which any partnership, firm, joint venture, sole proprietorship, or corporation of which such person is an owner, venturer, participant, partner, shareholder, officer, or employee has a pecuniary interest at the time of such discussion, deliberation, action, or vote; or (D) Any member or employee of the authority: Page 901 (i) Who has, or, to his knowledge, may have, or later may acquire a direct or indirect pecuniary interest in any transaction with the authority; or (ii) Who is an officer, member, director, or employee of or has an ownership interest in any firm or corporation interested directly or indirectly in any transaction with the authority immediately discloses the nature and extent of the interest in writing to the authority as soon as he has knowledge of the interest. This disclosure shall be entered upon the minutes of the authority. Upon this disclosure, the member or employee may not participate in any action by the authority authorizing such transaction. (2) Notwithstanding any provisions of this Code section or any other law, a contract or transaction may not be considered void or voidable because of the presence of an interest described in this Code section if the provisions of this Code section have been satisfied. (k) Notwithstanding the provisions of any other law, an officer or employee of the state may not be required to vacate his office or employment solely because he is a member of the authority or has provided services to the authority. (l) Before the issuance of any bonds under this article, the executive director of the authority shall execute a surety bond in the penal sum of $50,000.00. If the executive director of the authority is already covered by a bond required by state law, the executive director need not obtain another bond if the bond required by state law is in at least the penal sum specified in this Code section and covers the executive director's activities for the authority. In lieu of this bond, the chairman of the authority may execute a blanket surety bond covering each member, the executive director, and the employees, agents, or other officers of the authority. At all times after the issuance of any surety bonds, these surety bonds shall be maintained in full force and effect. All costs of the surety bonds shall be borne by the authority. Page 902 Section 5 . Said article is further amended by striking in its entirety Code Section 31-7-194, relating to the powers of the authority, and inserting in lieu thereof a new Code Section 31-7-194 to read as follows: 31-7-194. (a) The authority has all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following: (1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs, to carry into effect the powers and purposes of the authority, and to conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, inspectors, accountants, health care and financial experts, and such other advisers, consultants, and agents as may be necessary in its judgment without the approval of or consent by any other state official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable, including the power to pay premiums on any such insurance; (9) To procure insurance or guarantees from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment: Page 903 (A) On a loan, lease, or purchase payment owed by a participating provider to the authority; and (B) Of any bonds issued by the authority, including the power to pay premiums on any such insurance or guarantee; (10) To procure letters of credit or other credit facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any loan, lease, or purchase payment owed by a participating provider to the authority, including the power to pay the cost of obtaining such letter of credit or other credit facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating provider, by acquisition, construction, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation of a project to be located within a health facility in Georgia; (13) To lease as lessor a project for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of a project for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, Page 904 issue its bonds in accordance with this article, and secure any of its bonds or obligations by a mortgage or pledge of all or any of its property, franchises, and income or as otherwise provided in this article; (16) To make secured or unsecured loans for the purpose of providing temporary or permanent financing or refinancing for the cost of a project, including the retiring of any outstanding obligations issued by a participating provider and the reimbursement to a participating provider for the cost of a project incurred in anticipation of procuring such financing or refinancing from the authority or other sources, and to charge and collect interest on such loans for such loan payments and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (17) To invest and reinvest its funds and to take and hold property as security for the investment of such funds as provided in this article; (18) To purchase, receive, lease (as lessee or lessor), or otherwise acquire, own, hold, improve, use, or deal in and with a project, or any interest therein, wherever situated; (19) To sell, convey, mortgage, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (20) To the extent permitted under its contract with the holders of bonds of the authority, to consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest or any other terms of any contract, loan, loan note, loan note commitment, lease, or agreement of any kind to which the authority is a party; (21) To charge to and apportion among participating providers its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; Page 905 (22) Except as otherwise provided in a trust agreement or bond resolution securing bonds of the authority, to invest any funds held in reserve in such indebtedness or obligations designed by the authority for investments of its funds held under this article; (23) To collect fees and charges, as the authority determines to be reasonable, in connection with its loans, leases, sales, advances, insurance, commitments, and servicing; (24) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (25) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority; and (26) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, or Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of Page 906 annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or Page 907 (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys. (b) No part of the revenue or assets of the authority may inure to the benefit of or be distributable to its members or officers or other private persons. Any net earnings of the authority beyond that necessary for retirement of authority indebtedness or implementation of the public purposes of this article inure to the benefit of the state. Upon termination or dissolution, all rights and properties of the authority pass to and are vested in the state, subject to the rights of lienholders and other creditors. (c) The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 and 45-15-16 shall be fully applicable. Section 6 . Said article is further amended by striking in its entirety Code Section 31-7-195, relating to the effect of this article on statutes which require competitive bidding, and inserting in lieu thereof a new Code Section 31-7-195 to read as follows: Page 908 31-7-195. A project financed under this article is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this article; however, if the prospective lessee or purchaser requests in writing, the authority shall call for bids in a manner determined by the authority with the approval of such lessee or purchaser. Section 7 . Said article is further amended by striking in its entirety Code Section 31-7-196, relating to the program of providing health equipment to providers of health facilities, and inserting in lieu thereof a new Code Section 31-7-196 to read as follows: 31-7-196. (a) The authority may initiate a program of providing projects to be operated by participating providers in Georgia. In furtherance of this objective, the authority may also: (1) Establish eligibility standards for participating providers, provided that such standards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds under paragraphs (9) and (10) of subsection (a) of Code Section 31-7-194, authorizing the entity to approve the participating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity; (3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, and include in any such lease provisions that the lessee has the options to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the projects to which the lease applies; Page 909 (4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and a security interest in the project financed or refinanced with such loan, upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved a project owned by the authority; (7) Obtain or aid in obtaining property insurance on all projects owned or financed or accept payment if a project is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument with respect to any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, be guaranteed by a loan guarantor, or be secured by a letter of credit; and (2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need, or comparable certification of approval, to the participating provider for Page 910 the project to be financed by the authority if the acquisition of such project by the participating provider would require a certificate of need, or comparable certification of approval, under Chapter 6 of this title. Section 8 . Said article is further amended by striking in their entirety subsections (a), (b), (g), and (i) of Code Section 31-7-197, relating to the issuance of bonds by the authority, and inserting in lieu thereof new subsections (a), (b), (g), and (i) to read as follows: (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for or making loans to participating providers for the financing, reimbursing, or refinancing of all or any part of the cost of a project, to finance the acquisition of a project for lease or sale to participating providers, and any other purposes authorized by this article. (g) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of a project. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates of issue, bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, have such rank or priority, be payable in lawful money of the United States at such places, within or outside this state, and be subject to such terms of redemption as such bond resolution may provide. (i) The proceeds of the bonds, other than refunding bonds, of each issue shall be used for the payment of all or part Page 911 of the cost of, or for the making of a loan in the amount of all or part of the cost of, a project for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of money from the proceeds of the sale and delivery of its bonds issued in accordance with this chapter, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds, and the costs of obtaining insurance, guarantees, and letters of credit securing payment of the bonds and the lease and the loan and installment purchase payments, plus an amount equal to the compensation paid to any employees of the authority for the time those employees have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority. Section 9 . Said article is further amended by striking in its entirety subsection (b) of Code Section 31-7-198, relating to the authorization to secure bonds, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Any bond resolution or related trust indenture, indenture of mortgage, or deed of trust may contain provisions, which must be a part of the contract with the holders of the bonds to be authorized, as to: (A) Pledging or assigning the revenues generated by the project and pledging or assigning the notes and mortgage, lease, or other security given by the participating providers whose project has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, fees, interest, and other amounts to be charged by the authority, the schedule of principal payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitations on the use of the project; Page 912 (E) Limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of notes and mortgages or other security instruments whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of projects with two or more participating providers, as lessees, or assign its rights as payee or secured party and pledge the revenues under two or more notes and loan agreements from two or more participating providers upon such terms as may be provided for in bond resolutions or other instruments under which such bonds are issued. Section 10 . Said article is further amended by striking in its entirety Code Section 31-7-201, relating to exemption from taxation with respect to the authority, and inserting in lieu thereof a new Code Section 31-7-201 to read as follows: Page 913 31-7-201. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such projects or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property for any particular project as is available to the participating provider pursuant to Article 1 of Chapter 8 of Title 48. Section 11 . Said article is further amended by striking in its entirety Code Section 31-7-206, relating to the requirement of submission of annual reports to the Governor and General Assembly, and inserting in lieu thereof a new Code Section 31-7-206 to read as follows: 31-7-206. Not later than the last day of January of each year, the authority shall submit an annual report of its activities for the preceding fiscal year to the Governor and the General Assembly. Each member of the General Assembly who requests a copy of the report from the chairman of the authority shall be sent a copy. Each report shall contain the name and address of the authority and a complete operating and financial statement for the authority during the fiscal year it covers. Furthermore, each report shall contain a statement with respect to Page 914 all bonds which the authority issued during the immediately preceding calendar year, and such statement shall contain with respect to each such issue of bonds: (1) A copy of the resolution or other action authorizing the bonds; (2) The identity of any public or private entity which will have any actual or potential liability for the payment of any part of the principal of or interest on such bonds; (3) A statement identifying the location and nature of all projects which have been financed with any part of the proceeds of such bonds; (4) The identity of each participating provider which will make use of any part of such projects; and (5) The amount, term, and interest rate of such bonds. Section 12 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 915 ELDERLY AND HANDICAPPED PERSONSTRANSPORTATION SERVICES. Code Section 32-9-3 Repealed. Code Section 45-9-42 Amended. Code Section 49-2-13.1 Enacted. No. 1231 (Senate Bill No. 567). AN ACT To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; to amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to operate vehicles, so as to change a reference to a certain Code section; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the department, commissioner, and Board of Human Resources so as to authorize the Department of Human Resources to use available federal and state funds to assist private nonprofit corporations and associations in providing transportation services in meeting the special needs of elderly and handicapped persons; to provide that the department may establish terms, conditions, requirements, and restrictions, regarding such financial assistance; to provide that the department may promulgate standards and procedures necessary to assure compliance with the provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-9-3 of the Official Code of Georgia Annotated, relating to financial assistance for transportation services for elderly and handicapped persons, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 32-9-3. Reserved. Page 916 Section 2 . Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for certain persons authorized by nonprofit agencies to operate vehicles, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The policy of insurance provided for in Code Section 45-9-40 may also provide to nonprofit agencies and their employees, which agencies have contracted with the Department of Transportation or the Department of Human Resources to furnish certain services or have subcontracted with similar nonprofit agencies for the same, protection from liability for damages arising out of the authorized use of a state owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 49-2-13.1 by an employee of such agency during the course of such person's employment with such nonprofit agency, provided the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency. Section 3 . Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the department, commissioner, and Board of Human Resources, is amended by inserting immediately following Code Section 49-2-13 a new Code section to read as follows: 49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of elderly or handicapped persons, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. Page 917 (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. SCHOOL BUSESTRANSPORTATION TO NON-SCHOOL ACTIVITIES. Code Section 20-2-1075 Enacted. No. 1232 (Senate Bill No. 629). AN ACT To amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, so as to authorize the use of school buses to provide transportation to students and others to attend summer camps or other recreational or educational activities if school systems are reimbursed in full from sources other than public school funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the powers of state and local officials relative to school buses, is amended by adding at the end thereof a new Code Section 20-2-1075 to read as follows: Page 918 20-2-1075. Notwithstanding any other provisions of law to the contrary, including Code Sections 20-2-188 and 20-2-411, county and independent school systems may use school buses to provide transportation to students and others to attend summer camps or to participate in other recreational or educational activities if the cost of such transportation and of any additional insurance costs deemed reasonably necessary by the school system are reimbursed in full from public or private funds other than public school funds. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. EDUCATIONSTAFF AND PROFESSIONAL DEVELOPMENT USE OF FUNDS. Code Section 20-2-182 Amended. No. 1233 (Senate Bill No. 708). AN ACT To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the Quality Basic Education Act, so as to change the provisions relating to the use of funds for staff development purposes and for professional development stipends; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights and funding requirements under the Quality Basic Education Act, is amended by striking subsection (g) of said Code section and inserting in lieu thereof a new subsection (g) to read as follows: Page 919 (g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employees normal contract hours. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance Page 920 with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. COURTSJUDICIAL ASSISTANCE; PART-TIME JUDGES; GLYNN COUNTY; SUPERIOR COURT; TERMS. Code Sections 15-1-9.1 and 15-6-3 Amended. No. 1234 (Senate Bill No. 727). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the definition of a part-time judge and to provide for the compensation and expenses of such judge; to change the terms of the Superior Court of Glynn County in the Brunswick Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsections (a) and (i) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, and inserting in their place new subsections (a) and (i) to read as follows: (a) As used in this Code section, the term: (1) `Chief judge' means the judge most senior in time of service or, if applicable, the judge to whom the administrative duties of a court have been assigned. Page 921 (2) `Judge' includes Justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created. (3) `Part-time judge' means a judge who serves on a continuing or periodic basis but who is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. (i) Senior judges of the superior courts shall receive the amount of compensation and payment for expenses as provided by Code Section 47-8-64. In accordance with subsection (h) of this Code section, part-time judges may receive reasonable compensation and payment for actual expenses and mileage. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance. Section 2 . Said title is further amended by striking subparagraph (C) of paragraph (7) of Code Section 15-6-3, relating to the terms of court for the superior courts of this state, and inserting in its place a new subparagraph (C) to read as follows: (C) Glynn CountySecond Monday in March and September. Section 3 . This Act shall become effective on January 1, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. Page 922 ETHICS IN GOVERNMENT ACTCAMPAIGN CONTRIBUTIONS; DISCLOSURES. Code Title 21, Chapter 5 Amended. No. 1237 (House Bill No. 1385). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the Ethics in Government Act, so as to revise provisions relating to campaign finance and financial disclosures; to require declarations of intention to accept contributions to be filed prior to acceptance of contributions; to require the business, occupation, or place of employment of a person making a campaign contribution of more than $1,000.00 to be included in a campaign disclosure report; to require the affiliation of a political action committee to be included in a campaign disclosure report; to prohibit members of the General Assembly, public officers elected state wide, or the campaign committees of any such members or officers from accepting contributions during a legislative session; to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for state-wide elected office or the General Assembly; to provide for certain financial disclosure on the part of candidates for state-wide elected office; to require disclosure of certain transactions with governmental entities; to require disclosure of certain income from parties represented by registered agents; to require disclosure of certain financial statements; to provide for definitions; 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 . Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the Ethics in Government Act, is amended by adding a new paragraph defining political action committee immediately following paragraph (14) of Code Section 21-5-3, relating to definitions regarding ethics in government, to be designated paragraph (14.1), to read as follows: Page 923 (14.1) `Political action committee' means: (A) any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations 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 candidates for public office or campaign committees of candidates for public office; and (B) a `separate segregated fund' as defined in Code Section 21-5-40. Such term does not include a campaign committee. Section 2 . Said chapter is further amended by adding at the end of Code Section 21-5-30, relating to contributions, a new subsection (g) to read as follows: (g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the Secretary of State or appropriate local filing officer a declaration of intention to accept campaign contributions which shall include the name and address of the candidate and the names and addresses of his or her campaign committee officers, if any. Section 3 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in its place a new paragraph to describe an item required to be included in such reports and to read as follows: (1) The amount, name, and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events coordinated for the purpose of raising campaign contributions for the reporting candidate; provided, however, with respect to a contribution of more than $1,000.00, the business, occupation, or place of employment of the person making the contribution shall be required in addition to that person's contribution amount, name, and mailing address;. Section 4 . Said chapter is further amended by striking and at the end of paragraph (3) of subsection (b) of Code Section 21-5-34, relating to campaign contribution disclosure reports, by striking the period at the end of paragraph (4) and inserting in its Page 924 place ; and, and by adding a new paragraph describing certain disclosure requirements with respect to political action committees, to be designated paragraph (5), to read as follows: (5) The corporate, labor union, or other affiliation of any political action committee making a contribution of $101.00 or more. Section 5 . Said chapter is further amended by striking Code Section 21-5-35, relating to contributions during legislative sessions, and inserting in its place a new Code Section 21-5-35 to read as follows: 21-5-35. (a) No member of the General Assembly or that member's campaign committee or public officer elected state wide or campaign committee of such public officer shall accept a contribution during a legislative session. (b) Subsection (a) of this Code section shall not apply to: (1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor's agent; or (2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session. Section 6 . Said chapter is further amended by adding between Articles 2 and 3 a new Article 2A describing certain limits on contributions to read as follows: ARTICLE 2A 21-5-40. As used in this article, the term: (1) `Affiliated committees' means any two or more political committees (including a separate segregated fund) established, financed, maintained, or controlled by the same corporation, labor organization, person, or group of persons, including any parent, subsidiary, branch, division, department, or local unit thereof. Page 925 (2) `Affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. (3) `Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States. (4) `Election' means a primary, run-off primary, general election, general election runoff, special election, or special election runoff. (5) `Person' means an individual. (6) `Political committee' means: (A) any partnership, committee, club, association, organization, or similar entity (other than a corporation) or any other group of persons or entities which makes a contribution; or (B) any separate segregated fund. (7) `Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions. 21-5-41. (a) No person shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate exceed $3,500.00. (b) A contribution by a partnership shall be deemed to have been made pro rata by the partners as individuals for purposes of this Code section, as well as by the partnership in toto for purposes of Code Section 21-5-43. 21-5-42. No corporation shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $3,500.00. Page 926 21-5-43. No political committee shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated political committees, exceed $3,500.00. 21-5-44. For purposes of this article, a contribution to a candidate's campaign committee shall be deemed to be a contribution to the candidate. 21-5-45. The limitations on contributions imposed by this article shall apply separately with respect to each election; provided, however, that no contribution whatsoever may be made to a candidate for an election other than a general primary if the candidate will not be on the ballot at such election other than a general primary. Section 7 . Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates for public office, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph (1) to read as follows: (1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year. Section 8 . Said chapter is further amended by adding at the end of said Code Section 21-5-50 a new subsection (c) to read as follows: Page 927 (c) (1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself) shall file with the Secretary of State, not later than seven days after so qualifying, a financial disclosure statement. Each person who qualifies as a candidate for election to a public office elected state wide through a nomination petition or convention shall likewise file a financial disclosure statement not later than seven days after filing his notice of candidacy. Such financial disclosure statement shall comply with the requirements of subsections (a) and (b) of this Code section and shall in addition identify, for the preceding five calendar years: (A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or on behalf of any business) or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and (B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by an agent registered with the Secretary of State pursuant to Code Section 28-7-2. (2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying Page 928 data may be omitted; and for this purpose `transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature. (3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate's financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held. (4) (A) As used in this subsection, the term: (i) `Agency' means any agency, authority, department, board, bureau, commission, committee, office, or instrumentality of the State of Georgia or any political subdivision of the State of Georgia. (ii) `Financial statement' means a statement of a candidate's financial affairs in a form substantially equivalent to the short form financial statement required for bank directors under the rules of the Department of Banking and Finance. (iii) `Substantial interest' means the direct or indirect ownership of 10 percent or more of the assets or stock of any business. (B) As used in this subsection, the term: (i) `Member of the family' includes the candidate's spouse and dependent children; and (ii) `Person' and `transact business' shall have the meanings specified in Code Section 45-10-20. (5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, Page 929 such person shall make the filings required by this subsection within seven days after so qualifying. Section 9 . This Act shall become effective on its approval by the Governor or upon its becoming law without such approval. The provisions of Article 2A of Chapter 5 of Title 21, relating to maximum amounts which may be contributed, as enacted by this Act shall apply only with respect to contributions made after this Act becomes effective; and for purposes of said Article 2A contributions made after this Act becomes effective shall not be aggregated with those made before this Act becomes effective. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1990. CHRIS A. SMITHCOMPENSATION. No. 68 (House Resolution No. 574). A RESOLUTION Compensating Mr. Chris A. Smith; and for other purposes. WHEREAS, on May 16, 1989, a detail of inmates was spreading soil on the grounds of the Georgia Diagnostic and Classification Center at Jackson, Georgia; and WHEREAS, inmate Michael Gill, under the supervision of Sgt. Mark Clark, was operating a backhoe during the course of this work; and WHEREAS, in attempting to avoid scraping a tree, inmate Gill accidentally struck the mobile home belonging to Mr. Chris A. Smith causing damage to the exterior wall and extensive damage to the interior of the mobile home, especially the bathroom; and Page 930 WHEREAS, Mr. Smith has suffered damages to his mobile home totaling $1,785.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Smith and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1,785.00 to Mr. Chris A. Smith as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 4, 1990. UNITED STATES OF AMERICACONVEYANCE OF STATE PROPERTY. No. 69 (House Resolution No. 580). A RESOLUTION Authorizing the conveyance of certain state owned real property located in 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 a certain parcel of real property containing approximately 24.35 acres located in land lots 25, 26, and 8 of the 14th District of Fulton County, Georgia; and WHEREAS, said real property is all those tracts or parcels of land lying and being in Fulton County, Georgia, and being generally described as follows: BEGINNING at the point of intersection of the northwestern right-of-way line of Henry Thomas Drive with the southwestern Page 931 right of way line of McDonough Boulevard; running thence N 45 56[UNK] 30[UNK] W a distance of 233.74 feet to a point; thence N 43 40[UNK] W a distance of 201.00 feet to a point; thence N 52 31[UNK] 40[UNK] W a distance of 177.66 feet to the TRUE POINT OF BEGINNING; thence S 85 50[UNK] W a distance of 679.10 feet to a point; thence S 81 58[UNK] W a distance of 288.91 feet to a point; thence S 71 30[UNK] 03[UNK] W a distance of 603.18 feet to a point; thence S 77 45[UNK] 30[UNK] W a distance of 800.01 feet to a point; thence S 80 40[UNK] 13[UNK] W a distance of 648.87 feet to a point; thence N 22 33[UNK] W a distance of 71.92 feet to a point; thence S 67 26[UNK] W a distance of 25 feet to a point; thence N 22 34[UNK] W a distance of 100.00 feet to a point; thence N 48 43[UNK] 30[UNK] E a distance of 352.05 feet to a point; thence N 76 20[UNK] 34[UNK] E a distance of 493.42 feet to a point; thence N 81 24[UNK] 30[UNK] E a distance of 501.23 feet to a point; thence N 46 26[UNK] 30[UNK] E a distance of 116.61 feet to a point; thence N 77 24[UNK] E a distance of 100.00 feet to a point; thence S 73 47[UNK] 30[UNK] E a distance of 114.13 feet to a point; thence N 74 55[UNK] 30[UNK] E a distance of 788.72 feet to a point; thence N 63 51[UNK] 35[UNK] E a distance of 345.62 feet to a point; thence N 14 13[UNK] E a distance of 90.63 feet to the point of intersection of the southwestern right-of-way line of McDonough Boulevard; thence south-easterly along a straight line back to the TRUE POINT OF BEGINNING; and WHEREAS, said property is in the custody and control of the Georgia Department of Corrections and was to be the site of the Atlanta Advancement Center; and WHEREAS, the United States of America conveyed said property to the State of Georgia September 16, 1986; and WHEREAS, the deed by the United States of America conveying said property to the state contained certain reversionary restrictions; and WHEREAS, the Georgia Department of Corrections no longer intends to construct an advancement center on said property and considers the property surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 932 Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the above-described real property by appropriate instrument to the United States of America for a consideration of $10.00 and upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, suitable for recording in Fulton County, 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 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, 1990. Page 933 LUTHER S. COLBERT MEMORIAL BRIDGEDESIGNATED. No. 70 (House Resolution No. 582). A RESOLUTION Designating the Luther S. Colbert Memorial Bridge; and for other purposes. WHEREAS, Luther Sylvester Colbert was born in north Fulton County on August 26, 1930; and WHEREAS, he was a devoted husband to his wife, Marca Bruce Bell Colbert, and a loving father to their four children; and WHEREAS, Luther Colbert was widely known for his expertise in the field of law enforcement, which was developed during his prior years of service as an officer in the North Carolina State Patrol and as Police Commissioner of the City of Roswell; and WHEREAS, after serving as a member of the Roswell City Council, he was elected to the House of Representatives, where for ten years he served as the strongest advocate and most ardent defender of the needs and interests of the citizens of north Fulton County; and WHEREAS, Luther Colbert served with distinction for seven years as Minority Whip for the Republican Caucus of the House of Representatives and was a respected member of the Appropriations, Insurance, and Public Safety Committees of the House; and WHEREAS, the growth and development of that portion of Fulton County north of the Chattahoochee River paralleled Luther Colbert's rising public career as a city councilman and state representative; and WHEREAS, it is only fitting and proper that the bridge which is the gateway to north Fulton County be named in memory of Luther Sylvester Colbert. Page 934 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the bridge located on Georgia Highway 400 which spans the Chattahoochee River in Fulton County be designated the Luther S. Colbert Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain markers at appropriate locations designating such bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Marca Bruce Bell Colbert. Approved April 4, 1990. CITY OF BYRONANNEXATION OF STATE PROPERTY. No. 71 (House Resolution No. 583). A RESOLUTION Consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Peach County; and WHEREAS, such property is under the control of the Department of Transportation; and WHEREAS, such property is located adjacent to the present corporate limits of the City of Byron; and WHEREAS, Code Section 36-36-2 of the Official Code of Georgia Annotated authorizes the annexation of such property upon the application of the landowners affected; and Page 935 WHEREAS, such real property is more particularly described as follows: Starting on the East right of way line of I-75 at a point which marks the intersection of Land Lot 28 and 29 with said I-75, proceed thence South 657 feet to a point which marks the true point of BEGINNING ; proceed thence southerly along the radius of I-75 to a concrete marker; proceed thence north 87 degrees 50 minutes 50 seconds east a distance of 14.91 feet to a concrete marker; proceed thence southerly along the radius of I-75 a distance of 491.85 feet to a concrete marker; continue thence south 2 degrees 13 minutes west a distance of 1,806.45 feet to a point denoting the northwest intersection of property formerly of Hatcher as it intersects with I-75. The above metes, bounds, courses and distances are taken from a plat of record in Plat Book 12, Page 111, Clerk's Office, Peach Superior Court. Continue thence along said right-of-way of I-75 south 2 degrees 23 minutes 22 seconds east a distance of 456.73 feet to a point; continue thence a distance of 229.39 feet to a concrete right-of-way marker; continue thence 326.59 feet to an iron pin; continue thence 629.94 feet to a concrete right-of-way marker; proceed thence south 7 degrees 57 minutes 36 seconds east a distance of 190.15 feet to a concrete right-of-way monument; proceed thence south 15 degrees 8 minutes 36 seconds east a distance of 231.22 feet to an iron pin marking the intersection of property of Sexton with I-75. The above metes, bounds, courses and distances are taken from a plat of record in Plat Book 13, Page 235, Clerk's Office, Peach Superior Court. Continue thence north 15 degrees 4 minutes east a distance of 132.33 feet to a concrete monument as shown on a plat of record for Texaco, Inc., the same being of record in Plat Book 6, Page 62, said Clerk's Office, said point last referred to being within the present City limits of Byron, Georgia. Continuing thence to a point which marks the northeast intersection of Georgia 49 and Parcel III as shown on a plat of record in Plat Book 6, Page 5, Clerk's Office, Peach Superior Court; proceed thence along the irregular east margin of Tract III a distance of 1,241.7 feet to a point; proceed thence across the 50 foot right-of-way to the northeast corner of Tract I as shown on said plat; continue thence along the western Page 936 boundary of the Department of Navy, US Naval Supply Center (now USDA) a distance of 2,550 feet, more or less to the common lines of Land Lot 31 and Land Lot 32; proceed thence across New Dunbar Road to a concrete marker on the south right-of-way of New Dunbar Road as it intersects with the East right-of-way of I-75, all of which is shown on the plat above referred to. Continuing thence at a concrete marker located at the intersection of New Dunbar Road with the east right-of-way of I-75 proceed thence south 2 degrees 18 minutes east a distance of 467.7 feet to an iron pin; continue thence on the same bearing 2,414.64 feet to an iron pin on the common line of Land Lot 32 and Land Lot 33 of the Fifth Land District; proceed thence 90.01 feet easterly along said Land Lot Lines to an iron pin; proceed thence south 2 degrees 18 minutes east a distance of 26 feet to a point; proceed thence south 12 degrees 9 minutes 42 seconds east a distance of 338.69 feet to a point on White Road, all of which is shown on a plat of record in Plat Book 9, Page 23, Clerk's Office, Peach Superior Court. Continue thence across White Road to an iron pin denoting the northwest intersection of property formerly of the J. B. Kay estate, as it intersects with I-75 as shown on a plat of record in Plat Book 11, Page 201, said Clerk's Office and from said point proceed thence south 2 degrees 18 minutes 4 seconds east a distance of 2,595.68 feet to an iron pin on the common line of Land Lot 33 and Land Lot 34 of the Fifth Land District; continue thence on the same bearing a distance of 2,850.24 feet to a concrete monument; proceed thence south 22 degrees 55 minutes 9 seconds east a distance of 85.19 feet to an iron pin; proceed thence south 2 degrees 18 minutes 4 seconds east a distance of 69.38 feet to a point on the common line of Land Lot 34 and Land Lot 35 of the Fifth Land District. Continue thence along the common line of Byrd and I-75 as shown on said plat to a point established by the northwest intersection of the property of Davidson Estate with I-75 as shown on a plat of record in Plat Book 14, Page 6, said Clerk's Office; proceed thence south 2 degrees 39 minutes 36 seconds east a distance of 1,506.21 feet to an iron pin. Page 937 Continue thence south 2 degrees 13 minutes west a distance of 926.3 feet to a concrete monument as shown on a plat in Plat Book 6, Page 244, said Clerk's Office. WEST BOUNDARY Continue thence across I-75 to a point on the west right-of-way 1,068.18 feet remove south of the common lines of Land Lot 35 and 36 of the Fifth Land District as shown on plat of survey of record in Plat Book 9, Page 116, said Clerk's Office; the point being identified is a concrete right-of-way monument; and from the point so established proceed thence north 2 degrees 6 minutes west a distance of 1,068.18 feet to the said common lines referred to above. Proceed thence north 2 degrees 39 minutes west a distance of 1,491.14 feet to an iron pin as shown on a plat of record in Plat Book 14, Page 5, said Clerk's Office; proceed thence north 1 degree 40 minutes 20 seconds west a distance of 1,474.89 feet to a concrete marker as shown on a plat of record in Plat Book 15, Page 211, said Clerk's Office; proceed thence across White Road to a concrete marker; proceed thence a total 5,747.78 feet on a bearing north 2 degrees 20 minutes 11 seconds west as shown on a plat of record in Plat Book 11, Page 164, said Clerk's Office, continuing thence at the common intersection of the northerly right-of-way line of White Road with the west right-of-way line of I-75 proceed north 2 degrees 18 minutes east a distance 50 feet to a concrete monument; continue thence on the same bearing a distance of 2,893.88 feet to a point on the south right-of-way of New Dunbar Road, all of which is shown on a plat of record in Plat Book 12, Page 56, said Clerk's Office. Continue thence across New Dunbar Road on the bearing last referred to a distance of 80 feet to an iron pin; proceed thence north 2 degrees 19 minutes east a distance of 854 feet to a concrete marker; continue thence 269.96 feet to a point; continue thence 351.05 feet to an iron pin; proceed thence north 2 degrees 18 minutes east a distance of 274 feet to a concrete right-of-way marker; proceed thence along the common boundary of property formerly of Pure Oil Company a distance of 201.25 feet to an iron marker; proceed thence a distance of 346.25 feet to a point; proceed thence 131.75 feet to a point on Page 938 the east right-of-way line of Georgia Highway 49, all of the above being shown on a plat of record in Plat Book 6, Page 216, said Clerk's Office. The intersection of I-75 and Georgia 49 referred to above is in the present City limits of Byron, Georgia. Proceed thence to a point on the north side of Georgia Highway 49 at the intersection of the Old Byron-Macon Road with the Byron interchange as shown on a plat of record in Plat Book 7, Page 200 said Clerk's Office and from said point proceed thence northerly around the curvature of the Byron interchange of I-75 a distance of 1,500 feet more or less to a point on the north side of the 50 foot street as shown on said plat; proceed thence north 1 degree 47 minutes east a distance of 3,073.60 feet to a point; proceed thence along said right-of-way to a point 560 feet south of the intersection of Land Lots 28 and 29 with the east right-of-way of the margin access road shown on said plat; proceed thence across I-75 to the point of BEGINNING . Each of the plats above referred to are of record in the Clerk's Office, Peach Superior Court, Georgia and are incorporated herein by reference thereto. The above description encloses highway no. I-75 from a point a mile north of the I-75 and Exit 46 bridge to a point 2.2 miles to the south of the Georgia Highway 49 (exit 46 bridge). NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Byron and authorize the commissioner of transportation to execute all documents required and to take any action necessary to make application to the City of Byron for the annexation of such real property pursuant to Code Section 36-36-2 of the Official Code of Georgia Annotated. Approved April 4, 1990. Page 939 PELHAM DEVELOPMENT CORPORATIONLEASE OF STATE PROPERTY. No. 73 (House Resolution No. 586). A RESOLUTION Authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the building and shed located at the State Farmers Market in Pelham, Mitchell County, Georgia, known as the most northern shed in said market site is currently leased to the Pelham Development Corporation pursuant to a resolution approved May 7, 1985, by the State Properties Commission; and WHEREAS, said tract of land on which the building and shed is located is more particularly described as follows: All that tract and parcel of land lying and being in land lots Nos. 267 and 268, 10th Land District, Mitchell County, Georgia, and more particularly described as follows: Beginning at a point on the Easterly side of the right-of-way of Georgia State Highway No. 3 which said point is located 122 feet North 1 degree 30[UNK] East of the point where the Easterly side of the right-of-way of Georgia State Highway No. 3 intersects the original land lot line dividing Land Lots 267 and 268; thence from said beginning point proceeding North 88 degrees 30[UNK] East a distance of 733.5 feet to a point; thence proceeding South 10 degrees 30[UNK] West a distance of 205 feet to a point; thence proceeding South 88 degrees 30[UNK] West a distance of 733.5 feet to a point on the Easterly side of the right-of-way of Georgia State Highway No. 3; thence proceeding North 1 degree 30[UNK] East along the Easterly side of the right-of-way on Georgia State Highway No. 3, East a distance of 205 feet to point of beginning. Said property is shown and delineated on a drawing prepared by N. R. Singletary, Commissioned Land Surveyor, Thomas County, Georgia, a copy of which is on file in the office of the State Properties Commission; and Page 940 WHEREAS, the lease on such property expires on September 20, 1990; and WHEREAS, the Pelham Development Corporation can continue to use such property in the future to the benefit of the public. 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 referenced hereinabove described property and that in all matters relating to the leasing of said property the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the hereinabove described tract of land to the Pelham Development Corporation for a period of five years following the expiration of the lease entered into pursuant to said 1985 resolution, subject to the following conditions: (1) The consideration for the lease shall be $1,000.00 per month; (2) The term of such lease shall begin September 21, 1990, and expire September 20, 1995; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 941 Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. MITCHELL COUNTYCONVEYANCE OF STATE PROPERTY. No. 74 (House Resolution No. 587). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Mitchell 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 Mitchell County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Mitchell County, Georgia, in the 10th Land District and being a part of land lot numbers 272 and 273 containing 23.72 acres, more or less, according to a survey prepared by Larry W. Grogan, Georgia Registered Land Surveyor No. 1649, dated May 12, 1989, on file with the State Properties Commission; and WHEREAS, the above-described property on October 12, 1988, was conveyed to the State of Georgia by Mitchell County for the purposes of constructing the Mitchell Correctional Institution; and WHEREAS, Mitchell County is desirous of obtaining the above-described real property for the purpose of constructing a sewage treatment facility which would serve the Mitchell Correctional Institution; and Page 942 WHEREAS, said parcel is currently in the custody of the Department of Corrections and has been declared surplus to its needs; and WHEREAS, the commissioner of corrections has recommended this conveyance by appropriate instrument. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Mitchell County 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 this resolution shall become effective 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, 1990. Page 943 UNITED STATES 441 BUSINESS HISTORIC ROUTE; CULVER KIDD HIGHWAYDESIGNATED. No. 76 (House Resolution No. 592). A RESOLUTION Extending and redesignating the U.S. 441 Business Historic Route; designating the Culver Kidd Highway; to repeal conflicting laws; and for other purposes. WHEREAS, the construction of U.S. 441 Bypass extending from its intersection with U.S. 441 Business Route in Baldwin to State Route 365 has been completed; and 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 has been completed to its present terminus at State Route 197 near Clarkesville, and it has been opened to traffic; and WHEREAS, much of the average daily traffic flow formerly using U.S. 441 through the City of Cornelia has been diverted to the U.S. 441 Bypass; and WHEREAS, it will be advantageous to the economic welfare of Habersham County, the City of Cornelia, and other municipalities located on U.S. 441, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to retain as much as possible of the tourist and vacation traffic on U.S. 441 as it previously existed; and WHEREAS, the City Commission of the City of Cornelia is in full support of, and joins in, the efforts of Habersham County and the other municipalities located on U.S. 441 extending north from its intersection with U.S. 441 Bypass through Habersham County, as it existed prior to the construction of U.S. 441 Bypass and State Route 365, to preserve the business vitality and historic value of the area along said highway; and WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Honorable Page 944 Culver Kidd, the distinguished Senator from the 25th District, is an admirable one; and WHEREAS, Senator Kidd graduated from Georgia Military College in 1932 and received his B.S. degree from Georgia Tech in 1936; and WHEREAS, he was a Major in the United States Army during World War II and was awarded a Purple Heart; and WHEREAS, Senator Kidd served as Baldwin County commissioner for ten years, a State Representative for 12 years, and has served as State Senator for 27 years; and WHEREAS, his legislative experience and keen understanding of governmental problems has made him one of the most influential public officers in this state; and WHEREAS, during his service in the State Senate, Senator Kidd's leadership and determination have brought unparalleled progress in developing a superior highway system in this state; and WHEREAS, in recognition of Senator Kidd's 39 years of dedicated service to the state, it is only fitting and proper that a highway through his senatorial district be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1 . That the U.S. 441 Business Historic Route be extended to include that portion of U.S. 441 now designated U.S. 441 Business Route and extending north from its intersection with U.S. 441 Bypass in Baldwin through the City of Cornelia to its intersection with State Route 365 as it existed prior to the construction of U.S. 441 Bypass and State Route 365, and that said portion of U.S. 441 Business Route is designated as part of the U.S. 441 Business Historic Route. Section 2 . That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said route. Page 945 ARTICLE 2 Section 1 . That U.S. Highway 441 between Interstate Highway 20 and Interstate Highway 16 is designated as the Culver Kidd Highway. Section 2 . That the Department of Transportation is authorized and directed to place appropriate markers designating the Culver Kidd Highway. ARTICLE 3 Section 1 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. DEPARTMENT OF COMMUNITY AFFAIRSMINIMUM STANDARDS FOR PLANNING; RATIFICATION. No. 77 (House Resolution No. 638). A RESOLUTION Ratifying certain minimum standards and procedures of the Department of Community Affairs; to provide for an effective date; and for other purposes. WHEREAS, pursuant to Code Section 50-8-7.1 of the Official Code of Georgia Annotated, the Department of Community Affairs was directed to establish 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 planning process; and WHEREAS, on January 10, 1990, the Board and Department of Community Affairs adopted such minimum standards and procedures; and Page 946 WHEREAS, Code Section 50-8-7.1 of the Official Code of Georgia Annotated, by reference to Code Section 50-8-7.2 of the Official Code of Georgia Annotated, provides that the initial minimum standards and procedures shall only become effective when ratified by joint resolution of the General Assembly; and WHEREAS, the initial minimum standards and procedures have been submitted to the General Assembly in accordance with the provisions of Code Sections 50-8-7.1 and 50-8-7.2 and it is the desire of this General Assembly to ratify and approve said initial minimum standards and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the initial minimum standards and procedures for coordinated and comprehensive planning adopted by the Department and Board of Community Affairs on January 10, 1990, and on file in the office of the commissioner of community affairs are ratified and approved. BE IT FURTHER RESOLVED this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved April 4, 1990. RICHARD B. RUSSELL AIRPORTCOMPENSATION. No. 78 (House Resolution No. 682). A RESOLUTION Compensating the Richard B. Russell Airport; and for other purposes. WHEREAS, on February 23, 1988, at the Richard B. Russell Airport in Rome, Georgia, James G. Meeks and Gerald Stokes, employees of the Fuel and Measures Division of the Department of Agriculture, were conducting a routine fuel truck calibration inspection; and Page 947 WHEREAS, after such employees had taken approximately 60 gallons of Jet A fuel into their new 500 gallon prover unit, vapor pressure apparently caused a discharge valve to open, causing a fuel spill; and WHEREAS, Vann Baxter, an employee of the Rome Fire Department who is the Assistant Fire Marshal, ordered a cleanup of the fuel spill which entailed the removal and replacement of three feet of gravel around the fuel farm; and WHEREAS, the Richard B. Russell Airport lost 60 gallons of fuel and was required to pay the cost of the cleanup; and WHEREAS, the Richard B. Russell Airport has suffered damages from the loss of property and expenses incurred totaling $1,256.84; and WHEREAS, the accident apparently occurred as a result of negligence on the part of employees of the Department of Agriculture or because of faulty test equipment, but the loss did not occur as a result of any fault or negligence on the part of the Richard B. Russell Airport and it is only fitting and proper that it be reimbursed for its loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Agriculture is authorized and directed to pay the sum of $1,256.84 to the Richard B. Russell Airport in Rome, Georgia, 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, 1990. Page 948 FULTON COUNTYEASEMENT THROUGH STATE PROPERTY. No. 79 (House Resolution No. 684). A RESOLUTION Granting a nonexclusive easement for operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through property owned by the State of Georgia in 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 Fulton County, Georgia, which is in the custody of the State Properties Commission and utilized as part of the Western Atlantic Railroad right of way; and WHEREAS, Fulton County desires to operate and maintain an audio visual transmission cable in, on, over, upon, across, or through a portion of said property; and WHEREAS, said audio visual transmission cable would allow for a closed circuit television connection between the Fulton County Courthouse and Fulton County Jail in order to arraign prisoners and hold preliminary hearings at the magistrate level; and WHEREAS, this audio visual transmission cable in, on, over, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia. 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 Fulton Page 949 County and its successors and assigns a nonexclusive easement for the operation and maintenance of an audio visual transmission cable in, on, over, upon, across, or through the easement area for the purpose of erecting, operating, maintaining, repairing, and replacing an audio visual transmission cable, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots of Fulton 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 Atlanta Cable Partners dated May 2, 1989, 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 installing, maintaining, repairing, replacing, inspecting, and operating said audio visual transmission cable. Section 4 . That, after Fulton County has put into use the audio visual transmission 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, Fulton County, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. Section 5 . That no title shall be conveyed to Fulton County, and, except as herein specifically granted to Fulton 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 Fulton County. Section 6 . 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, Fulton County shall remove or relocate its facilities as its sole cost and expense. Page 950 Section 7 . That Fulton County in the installation, maintenance, repair, replacement, inspection, and operation of said audio visual transmission cable shall not disturb or interfere with the railroad operations of CSX Transportation, Inc., the state's lessee of the adjoining state owned property. Section 8 . That the easement granted to Fulton 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. Section 9 . 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 audio visual transmission 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, 1990. Page 951 FRANCES M. HARRISCOMPENSATION. No. 80 (House Resolution No. 719). A RESOLUTION Compensating Mrs. Frances M. Harris; and for other purposes. WHEREAS, on or about May 16, 1988, Mrs. Frances M. Harris on South Commerce Street in Summerville, Georgia, tripped on a plumb line which had been carelessly thrown from an area where employees of the Department of Transportation were constructing a concrete island; and WHEREAS, the plumb line was across a pedestrian walkway and there were no flags, cones, or other warnings to pedestrians; and WHEREAS, as a direct result of tripping on said plumb line Mrs. Harris, who was 82 years of age at the time of the accident, sustained injuries and incurred medical and hospital expenses in the amount of $678.41; and WHEREAS, said accident and the resulting injuries occurred through no fault or negligence whatsoever on the part of Mrs. Harris; and WHEREAS, Mrs. Harris has not been and cannot be compensated from insurance or any other form of reimbursement for the medical and hospital expenses she incurred as a result of said accident. 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 $678.41 to Mrs. Frances M. Harris as compensation as provided above. Said sum shall be paid from funds appropriated or available to said Page 952 department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 4, 1990. DECATUR COUNTYEXCHANGE OF PROPERTY WITH THE STATE OF GEORGIA. No. 81 (House Resolution No. 729). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Decatur County, Georgia, to Decatur County and the acceptance of certain real property owned by Decatur County 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 approximately 49 acres of real property lying on the southern boundary of Southwestern State Hospital in Decatur County, Georgia; and WHEREAS, custody of the subject state owned real property is vested in the Department of Human Resources; and WHEREAS, Decatur County is the owner of approximately 44 acres contiguous to the northern boundary of Southwestern State Hospital to be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and acceptable to the State Properties Commission; and WHEREAS, Decatur County is desirous of exchanging the above-described 44 acre tract for that certain 49 acre tract of state owned property on the southern boundary of Southwestern State Hospital; and WHEREAS, the county owned property and state owned property contemplated in this resolution are shown on a drawing, Page 953 outlined in red, on file in the office of the State Properties Commission; and WHEREAS, the exchange of the aforedescribed tracts or parcels of real property would be beneficial both to the State of Georgia and Decatur 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 herein described state owned real property and the acceptance of the herein described Decatur 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 appropriate instrument to Decatur County the hereinabove described state owned property and to accept in consideration therefor from Decatur County the hereinabove described county owned 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 a plat of survey prepared by a Georgia registered land surveyor, the conveyance of which is authorized by this resolution, be furnished by Decatur County and presented to and approved by the State Properties Commission prior to conveyance. Section 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 954 Section 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. DESMOND T. DOSS MEDAL OF HONOR HIGHWAYDESIGNATED. No. 82 (House Resolution No. 731). A RESOLUTION Designating the Desmond T. Doss Medal of Honor Highway; and for other purposes. WHEREAS, Desmond T. Doss is one of only 22 Georgians to be awarded the Medal of Honor; and WHEREAS, on April 29, 1945, as a company aid man with the 307th Infantry Medical Detachment on Okinawa, then Private Doss bravely exposed himself to heavy enemy fire to carry to safety numerous infantrymen stricken during a bloody assault on high ground heavily defended by the enemy; and WHEREAS, on May 2, 1945, he again exposed himself to heavy rifle and mortar fire to rescue a wounded man who fell far forward of friendly lines, and two days later he advanced through a shower of grenade shrapnel to within eight yards of a heavily defended cave to reach four wounded comrades, whom he treated and carried to safety in four separate trips to friendly lines; and WHEREAS, on May 5, 1945, he braved enemy shelling and small arms fire to treat a fallen officer, moving him to a sheltered position and administering plasma while artillery and mortar shells exploded all around, and later that same day he crawled to a position 25 feet from an enemy position to treat a wounded soldier and carry him 100 yards through enemy fire to safety; and Page 955 WHEREAS, on May 21, 1945, during a night attack, he fearlessly remained in exposed territory treating the wounded until he himself was seriously wounded in the legs, and rather than call another aid man, Private Doss bound his own wounds and waited five hours for litter bearers to reach him and begin carrying him to safety; and WHEREAS, when he and the litter bearers were caught in an enemy tank attack, he insisted on giving up his place on the litter to a more seriously wounded comrade, and while waiting for the litter bearers' return, he was hit again, suffering a compound fracture of one arm, which he splinted with a rifle stock, and then he crawled 300 yards to an aid station; and WHEREAS, through his outstanding bravery and unflinching determination in the face of desperately dangerous conditions, Private Doss saved the lives of many soldiers, and his name became a symbol throughout the 77th Infantry Division for outstanding gallantry far above and beyond the call of duty. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 2 in Walker County between Georgia Highway 193 and the boundary between Catoosa County, or U.S. Highway 27, whichever is most eastward, is designated as the Desmond T. Doss Medal of Honor Highway. BE IF FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. Approved April 4, 1990. Page 956 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEEEXTEND EXISTENCE. No. 83 (House Resolution No. 735). A RESOLUTION To amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved March 28, 1986 (Ga. L. 1986, p. 457), so as to change the provisions providing for the repeal of that resolution; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended, particularly by a resolution approved March 28, 1986 (Ga. L. 1986, p. 457), is amended by striking Section 3A thereof and inserting in its place a new section to read as follows: Section 3A. Unless extended by joint resolution of the General Assembly, this resolution shall stand repealed on July 1, 1994. Section 2 . This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. Page 957 DICK HUNTER MEMORIAL BRIDGEDESIGNATED. No. 84 (House Resolution No. 761). A RESOLUTION Commending James R. Dick Hunter and designating the Dick Hunter Memorial Bridge; and for other purposes. WHEREAS, James R. Dick Hunter has long been recognized by the citizens of the City of Marietta for the vital and irreplaceable role he has played in the community leadership and for his deep personal commitment to the welfare of his fellow citizens and neighbors; and WHEREAS, this native son and lifelong resident of the City of Marietta has diligently and conscientiously devoted innumerable hours of his time, talents, and energy to civic and charitable concerns as dramatically evidenced in his active and outstanding involvement as a member of the National Prayer Breakfast Group, director of the Marietta Boys Club, chairman of the Independent Business Division for the American Cancer Society, member of Civitan International, director of the Cobb County Youth Museum, Nine Gallon Donor to the American Red Cross Blood Program, director of Georgia Partners of the Americas, director of the Human Resource and Development Committee of the National League of Cities, director of the Town Affiliation Association of U. S. Inc., member of the Cobb County Board of Health, chairman of the Recreation Committee of MACLOG, Seventh District president of the Georgia Municipal Association, chairman of the International Municipal Cooperation Committee of the National League of Cities, chairman of the Atlanta Regional Commission Liaison Committee, and regional vice president of the TAA of the USA; and WHEREAS, he is widely renowned throughout his community for his unselfish commitment to the City of Marietta as shown by his superlative service as a member of the city council from 1964 to 1970 and his extraordinary service as mayor from 1970 to 1974; and WHEREAS, he has given generously and unstintingly of his time and interest in all matters relating to his community and Page 958 his personal efforts are in large measure responsible for the vitality, strength, beauty, and success of Marietta, including the removal of a record number of substandard houses, the needed repaving of numerous city streets, the construction of the Powder Springs Connector, the widening of Fairground Street and Powder Springs Street, the installation of over 2,500 mercury vapor street lights, and the implementation of the redevelopment of downtown Marietta; and WHEREAS, he has served his country with honor and distinction as a member of the United States Navy during World War II in the North African and Pacific campaigns; and WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community have earned him the respect and admiration of his colleagues and associates; and WHEREAS, in his pursuit of the public good, his steady demeanor, fair treatment of his fellow man, and judicious decision making have made him a truly worthy object of this state's appreciation and gratitude; and WHEREAS, it is abundantly fitting and proper that an appropriate memorial should be dedicated to this distinguished Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend James R. Dick Hunter for the many decades of outstanding, selfless, and dedicated public service which he has rendered on behalf of the citizens of his community and state. BE IT FURTHER RESOLVED that the bridge at the intersection of Powder Springs Street and the Marietta Loop is named and designated as the Dick Hunter Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating said bridge. Page 959 BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of James R. Dick Hunter. Approved April 4, 1990. CITY OF ADAIRSVILLEEASEMENT THROUGH STATE PROPERTY. No. 86 (House Resolution No. 764). A RESOLUTION Authorizing the granting of a nonexclusive easement for construction, operation, and maintenance of an underground effluent pipe line over or under property owned by the State of Georgia in Bartow County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 160, 15th Land District of Bartow County, Georgia, which is in the custody of the State Properties Commission being generally described as follows: All of a portion of those certain tracts of land situate, lying and being in Bartow County, Georgia, and in Land Lot 160 of the 15th Land District of Bartow County, Georgia, and being more particularly described as a portion of parcel no. 7 of the Western and Atlantic Railroad Valuation Map No. V2/33 as filed in the State Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the offices of the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by Bartow County and presented to the State Properties Commission for approval); and Page 960 WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and WHEREAS, the City of Adairsville owns property adjacent to said property and intends to construct and operate a sewage treatment plant on said property; and WHEREAS, the City of Adairsville, Georgia, desires to construct, operate, and maintain an underground effluent pipe line over or under a portion of said property which will serve the proposed sewage treatment plant. 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, subject to the provisions of Section 3, the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Adairsville, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an underground effluent pipe line over or under the easement area. Section 3 . That the granting of the above-described easement shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville Nashville Railroad Company and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument. Section 4 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating an underground effluent pipe line. Page 961 Section 5 . That, after the City of Adairsville has constructed and put into use the underground effluent pipe line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Adairsville, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia. Section 6 . That no title shall be conveyed to the City of Adairsville, and, except as herein specifically granted to the City of Adairsville, 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 Adairsville. 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, the City of Adairsville shall remove or relocate its facilities at its sole cost and expense. Section 8 . That the easement granted to the City of Adairsville shall contain such other reasonable terms, conditions, and convenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 9 . 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 underground effluent pipe line. 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. Page 962 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, 1990. JOINT STUDY COMMITTEE ON HAZARDOUS WASTE MANAGEMENTCREATED. No. 88 (House Resolution No. 778). A RESOLUTION Creating the Joint Study Committee on Hazardous Waste Management; and for other purposes. WHEREAS, Code Section 12-8-61 of the O.C.G.A. declares it to be the policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to institute and maintain a comprehensive state-wide program for the management of hazardous waste through the regulation of the generation, storage, treatment, and disposal of hazardous wastes; and WHEREAS, the rapid growth in the industrial, commercial, and residential population of Georgia is contributing to a continually growing amount of hazardous waste which must be properly managed and reduced; and WHEREAS, Georgia reportedly ranks 19th nationally in total toxic releases into the environment and ranks 11th in toxic releases to the air, ranks fourth in toxic releases to surface water, and ranks 25th in toxic releases on land; and Page 963 WHEREAS, every political jurisdiction contains toxic waste generators which require expensive hazardous waste management approaches by state and local governments as well as by existing and relocating industries; and WHEREAS, the United States Environmental Protection Agency reports that 15 industrial plants in Georgia ranked among the top 500 polluters in terms of total hazardous releases and three of these plants were ranked within the top 100 plants with releases of cancer-causing chemicals; and WHEREAS, several industries in Georgia have experienced success with hazardous waste reduction programs as have industries in other states; and WHEREAS, toxic use reduction would be beneficial to the health of the people of Georgia and would be beneficial to the industry and government of Georgia by increasing the efficiency and profitability of Georgia industry; and WHEREAS, since 1980, there have been 11,048 toxic chemical accidents in the United States, resulting in 309 deaths, 11,000 injuries, and the evacuation of 500,000 people; and WHEREAS, the provision of environmentally and financially sound hazardous waste management services can best be accomplished by a state-wide hazardous waste management approach which embodies the following hierarchy: (1) Waste reduction; (2) In-process recycling (reuse); (3) Waste minimization; and (4) Treatment and disposal, including incineration; and WHEREAS, it has come to the attention of the General Assembly that substantial opportunity now exists for the implementation of toxic use reduction in the State of Georgia; and Page 964 WHEREAS, successful implementation of an environmentally and financially sound approach to hazardous waste management is dependent upon the existence of comprehensive, statewide legislation and is preceded by the development of sound and implementable local, regional, and state plans for hazardous waste management; and WHEREAS, an issue of such vital importance to the people of the State of Georgia deserves detailed study by the elected representatives of the people of this state and by other experts in the field in order to ensure that Georgia's laws regarding hazardous waste management are current, responsible, and prudent. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Hazardous Waste Management composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, three members of the Senate to be appointed by the President of the Senate, six members from the public and private sectors to be appointed by the Governor, and three members of the executive branch of state government. The executive branch members shall be the commissioner of natural resources or his designee, the director of the Office of Energy resources or his designee, and the director of the Georgia Emergency Management Agency or his designee. The members of the public and private sector shall be as follows: one representative of a hazardous waste generating industry which has successfully implemented a toxic use reduction plan; one representative of an environmental consulting firm which has successfully implemented toxic use reduction plans for industry; one representative of an environmental organization; one representative of the hazardous waste management industry; one representative of the academic community with expertise in environmental engineering, environmental science, or environmental health; and one representative of an on-site hazardous waste reduction and recycling industry. The Speaker of the House and the President of the Senate shall each appoint a cochairman. The cochairmen shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. Page 965 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. All members of the committee except the executive branch members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 10 days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 1, 1990. The committee shall stand abolished on December 31, 1990. Approved April 4, 1990. GLYNN COUNTYEASEMENT THROUGH STATE PROPERTY TO THE BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY. No. 89 (House Resolution No. 779). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Glynn 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 portion of real property located along the south shoreline of St. Simons Island, beginning at 1st Street, East Beach (Coast Guard Station) and extending to an area just north of the St. Simons Island pier, Glynn County, Georgia; and Page 966 WHEREAS, the Brunswick and Glynn County Development Authority is planning to expand and renourish a portion of the above-mentioned state owned or claimed beach area, more particularly described on a drawing in the office of the State Properties Commission; and WHEREAS, the improvement of this above-described state owned property would be beneficial to the State of Georgia and public interests; and WHEREAS, the Department of Natural Resources will consider the granting of this easement to the Brunswick and Glynn County Development Authority 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 above-described real property, referred to in this resolution 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 Brunswick and Glynn County Development Authority and its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a renourishment beach area in, on, over, under, upon, across, or through the easement area for the purpose of constructing, operating, maintaining, repairing, and renourishing a beach area, 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 25th General Militia District of Glynn County, Georgia, more particulary described above. 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 renourishment area. Section 4 . That, after the Brunswick and Glynn County Development Authority has completed the renourishment program Page 967 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 in this resolution. Section 5 . That no title shall be conveyed to the Brunswick and Glynn County Development Authority and, except as specifically granted in this resolution to the Brunswick and Glynn County Development Authority, 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 Brunswick and Glynn County Development Authority. Section 6 . That the Department of Natural Resources shall review and approve this easement prior to its delivery to the Brunswick and Glynn County Development Authority. Section 7 . That the easement granted to the Brunswick and Glynn County Development Authority 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 area so long as the descriptions utilized by the State Properties Commission describe the same easement area granted in this resolution. Section 8 . 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 beach renourishment program. Section 9 . 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 10 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 968 Section 11 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. HAROLD O. DAYCOMPENSATION. No. 90 (House Resolution No. 785). A RESOLUTION Compensating Mr. Harold O. Day; and for other purposes. WHEREAS, on February 8, 1985, employees of the Department of Natural Resources were burning off the woods at Reed Bingham State Park located in Cook and Colquitt Counties near Adel, Georgia; and WHEREAS, the employees lost control of the fire which spread to adjacent property; and WHEREAS, the fire spread to Mr. Harold O. Day's property and destroyed a storage building and the contents thereof; and WHEREAS, Mr. Day has suffered property damage and loss of personal property totaling $3,681.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Day and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $2,409.00 to Mr. Harold O. Day as compensation as provided above. Said sum shall be paid from funds appropriated to or available Page 969 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, 1990. MELISSA D. WALKERCOMPENSATION. No. 91 (House Resolution No. 787). A RESOLUTION Compensating Ms. Melissa D. Walker; and for other purposes. WHEREAS, on June 28, 1989, at Crooked River State Park in Camden County, Ms. Melissa D. Walker was swimming in the pool when she stepped in an open skimmer basket, cutting her foot in several places; and WHEREAS, Mr. Thomas D. Carter, Jr., an employee of the Department of Natural Resources, reported that the cover to the skimmer basket had been removed by an unknown person; and WHEREAS, Ms. Walker received emergency treatment at the Gilman Hospital in St. Marys, Georgia, and subsequent treatment from her private physician; and WHEREAS, Ms. Walker suffered medical expenses, pain and suffering, and loss of earnings totalling $1,308.03 as a result of her accident; and WHEREAS, said accident occurred through no fault or negligence on the part of Ms. Walker and it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $410.03 to Ms. Melissa D. Walker as compensation as provided Page 970 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, 1990. STATE HEALTH PLANNING AGENCYDIRECTED TO MAKE STUDIES AND REPORTS. No. 92 (House Resolution No. 809). A RESOLUTION Directing the State Health Planning Agency to make certain studies and reports and to update its rules and regulations; and for other purposes. WHEREAS, this state has undergone rapid and profound changes since 1978 when the law was first enacted to require that each health facility obtain a certificate of need (CON) prior to its being able to offer health care services in this state; and WHEREAS, although there was a major revision in 1983 of the law requiring certificates of need and a corresponding revision of many of the regulations promulgated thereunder, numerous regulations of the State Health Planning Agency have not been updated since that time to reflect changes in the demographics and health care needs and delivery system of the state; and WHEREAS, many rural areas of the state are facing a decline in quality and types of services available or closure of their community hospital due to financial pressures, loss of physicians, changing service delivery patterns and needs, and other factors; and WHEREAS, the certificates of need for hospital beds in some areas of the state have been awarded to hospitals that no longer meet the community needs and there is no mechanism to revoke or override the certificate of need rules; and Page 971 WHEREAS, some counties are experiencing significant and rapid growth in population and industry but have no acute care hospital within the county to provide emergency and other hospital services; and WHEREAS, uninsured and indigent citizens in some areas of the state have problems accessing services from existing hospitals; and WHEREAS, in order to facilitate the provision of improved medical care for residents of the counties with no hospital, certificate of need rules designed to avoid duplication need to balance requests for new hospitals located in counties having no hospital with requested expansions of hospitals in adjoining counties. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Health Planning Agency is directed to conduct a through study of its existing rules and regulations, taking into consideration the problems and issues mentioned above, and to make an interim report of the study no later than January 1, 1991, to make a final report of the study no later than January 1, 1992, and to adopt no later than January 1, 1992, new rules and regulations taking into consideration the problems and issues mentioned above. Reports of the agency shall be submitted to the Governor and the General Assembly. This section does not preclude the agency from adopting rules or proposing legislation through its normal process before January 1, 1992, if appropriate. BE IF FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the executive director of the State Health Planning Agency. Approved April 4, 1990. Page 972 JOINT WORKERS' COMPENSATION STUDY COMMITTEECREATION. No. 93 (House Resolution No. 810). A RESOLUTION Creating the Joint Workers' Compensation Study Committee; and for other purposes. WHEREAS, numerous Georgians are injured each year while in the course of their employment; and WHEREAS, representatives of both business and labor have long recognised the need for a fair and equitable system for compensating workers who are injured on the job; and WHEREAS, the costs incurred by businesses in this state for workers' compensation are high while the benefits received by injured workers are low in comparison to amounts paid in other states; and WHEREAS, a thorough and thoughtful examination of workers' compensation costs and benefits by the two groups most directly affected, business and labor, with specific recommendations of any needed changes in the laws of this state would be of great benefit to the members of the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Workers' Compensation Study Committee to be composed of 12 members. Two members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Two members shall be members of the Senate appointed by the President of the Senate. One member shall be a representative of business appointed by the Governor and one member shall be a representative of labor appointed by the Governor. Two members shall be representatives of labor appointed by the president of the Georgia State AFL-CIO. Two members shall be representatives of business, one of whom shall be the president of the Business Council of Georgia or his designee and one of whom shall be the president of the National Federation of Independent Business/Georgia or his designee. One member shall be selected by a majority vote of Page 973 the member appointed by the Governor to represent business and the two additional members appointed to represent business. One member shall be selected by a majority vote of the member appointed by the Governor to represent labor and the two members appointed by the president of the Georgia State AFL-CIO. Except as otherwise provided in this resolution, no official, officer, or employee of the State of Georgia, any insurance company, any provider of rehabilitative or legal services to persons injured in the course of their employment, or any hospital or other health care provider and no physician shall be eligible for appointment to membership on the committee. The four members representing business shall select a cochairman and the four members representing labor shall select a cochairman. The cochairmen shall call all meetings of the committee except the initial meeting which shall be called by the Governor. The members of the committee who are also members of the General Assembly shall be nonvoting members of the committee but shall be entitled to attend and participate in any discussion at all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a comprehensive study of the workers' compensation system as it currently exists in the State of Georgia and the conditions, needs, issues, and problems related thereto. The committee shall seek to find areas in which the laws of this state can be improved so as to ensure adequate compensation for workers who are injured or killed in the course of their employment within costs for such coverage which are reasonable for employers. Agreement between business and labor on such issues shall be encouraged. The committee shall recommend any actions or legislation which the committee deems necessary or appropriate. 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. Page 974 BE IT FURTHER RESOLVED that the members of the committee, including members who are not members of the General Assembly, shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 1990. The committee shall stand abolished on December 31, 1990. Approved April 4, 1990. PLANTATION PARKWAY; GENERAL ROBERT L. SCOTT HIGHWAYDESIGNATED. No. 94 (House Resolution No. 812). A RESOLUTION Designating the Plantation Parkway; designating the General Robert L. Scott Highway; to repeal conflicting laws; and for other purposes. WHEREAS, that section of South Georgia traversed by U.S. Highway 319 rivals any location in the country in the natural beauty of its flora, fauna, and geographic features; and WHEREAS, the scenery along that section of highway is enjoyed annually by tens of thousands of motorists, both local residents and tourists; and WHEREAS, the majority of the lands bordering the highway have historically been known as plantations; and WHEREAS, the citizens of Thomas County and Grady County, naturally proud of their area of the state and its history, Page 975 are desirous of designating that section of U.S. Highway 319 as the Plantation Parkway; and WHEREAS, retired Brig. Gen. Robert Lee Scott, Jr., who fought with the Flying Tigers in China during World War II and who wrote God Is My Co-Pilot , is a resident of middle Georgia; and WHEREAS, General Scott is a graduate of Lanier High School in Macon, Georgia, and of the United States Military Academy in West Point, New York; and WHEREAS, General Scott became first commander of the 23rd Fighter Group on July 4, 1942, when the Flying Tigers were disbanded and as a flying ace was awarded five Air Medals, two Silver Stars, and three Distinguished Flying Crosses; and WHEREAS, following World War II, he went to Washington to lobby for the creation of the Air Force as a separate branch of the military; and WHEREAS, General Scott has served as commanding officer of Williams Air Force Base, the 36th Fighter-Bomber Wing at Furstenfeldbruck, Germany, and Luke Air Force Base in Phoenix, Arizona; and WHEREAS, in September, 1986, he assumed duties as chairman of the Heritage of Eagles Campaign, Museum of Aviation at Robins Air Force Base and was instrumental in having the Georgia Aviation Hall of Fame created; and WHEREAS, it is only fitting and proper that General Scott be honored for his outstanding service to his country and his many contributions to the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1 . That the portion of U.S. Highway 319 between the southernmost city limits of the City of Thomasville, Page 976 Georgia, and the Florida state line is designated as the Plantation Parkway. Section 2 . That the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. Section 3 . That the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation. Section 4 . That the Secretary of the Senate and the Clerk of the House of Representatives are authorized and directed to transmit appropriate copies of this resolution to the governing authorities of Thomas County and Grady County. ARTICLE 2 Section 1 . That State Highway 247 between the intersection of said highway and State Highway 96 and the intersection of said highway and State Highway 11 in Bibb County is designated as the General Robert L. Scott Highway. Section 2 . That the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations along State Highway 247 designating it as provided in this article. Section 3 . 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 General Robert L. Scott. ARTICLE 3 Section 1 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. Page 977 RICHMOND COUNTY BOARD OF HEALTHRESTATE PURPOSES OF LAND CONVEYANCE. No. 96 (House Resolution No. 847). A RESOLUTION To amend a resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, approved March 10, 1988 (Ga. L. 1988, p. 176), so as to restate the authorized purposes of such estate for years or usufruct; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, pursuant to the aforesaid resolution the state has granted an estate for years or usufruct to the Richmond County Board of Health for the purpose of a facility for the East Central Georgia Community Mental Health, Mental Retardation, and Substance Abuse Center; and WHEREAS, in addition to such purpose the Richmond County Board of Health is desirous of using such estate for years or usufruct for the purpose of public health facilities for Richmond County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEROGIA: Section 1 . A resolution authorizing the conveyance of an estate for years or usufruct in certain real property to the Richmond County Board of Health, approved March 10, 1988 (Ga. L. 1988, p. 176), is amended by adding between Sections 2 and 3 a new Section 2A to read as follows: Section 2A. The estate for years or usufruct provided for herein may be for the purpose of constructing or having constructed public health facilities for Richmond County as well as for the purpose heretofore described. Section 2 . This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 978 Section 3 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 4, 1990. EVERETT FLOYD DYKES HIGHWAYDESIGNATED. No. 97 (House Resolution No. 848). A RESOLUTION Designating the Everett Floyd Dykes Highway; and for other purposes. WHEREAS, the State of Georgia recently lost one of its finest and most distinguished citizens in the untimely passing of Everett Floyd Dykes; and WHEREAS, this native son and lifelong resident of Bleckley County was the owner, founder, and president of Dykes Grassing Company and was directly responsible for the grassing and beautification of hundreds of miles of the Georgia highway system and, since 1982, for the maintenance and esthetic appearance of the grounds of Robins Air Force Base; and WHEREAS, he was an active community leader who selflessly devoted his time, talents, and energy to the people of his community where he served as a charter member of the Four County Exchange Club and director of the Four County Bank; and WHEREAS, he was recognized as small businessman of the year in 1984 by Robins Air Force Base; and WHEREAS, he served his county with honor and distinction as a member of its armed forces during the Second World War; and WHEREAS, he was a unique, kind, thoughtful, empathetic, and concerned person who strongly believed in human dignity and Page 979 was generally recognized as one of the premier citizens of his community and was a true friend and political confidante to numerous state and local leaders; and WHEREAS, his unparalleled organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of others earned him the respect and admiration of his colleagues and associates. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 112 between Interstate Highway 16 and U.S. 23 in Bleckley County is designated as the Everett Floyd Dykes 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 Everett Floyd Dykes 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 family of Everett Floyd Dykes. Approved April 4, 1990. GEORGIA COURTS AUTOMATION COMMISSIONCREATION. No. 98 (House Resolution No. 849). A RESOLUTION Creating the Georgia Courts Automation Commission; and for other purposes. WHEREAS, uniform and effective automation of the courts of this state will increase the cost effectiveness and the Page 980 efficiency of our courts as well as improve the quality of justice available to our citizens; and WHEREAS, individual civil and criminal cases enter the justice system from numerous and varied governmental agencies and some are initiated by private individuals; and WHEREAS, the functioning of the courts directly impacts other governmental agencies and both courts and state agencies have the need to exchange data; and WHEREAS, there is a need to gather information uniformly and track cases from the time and from the point each case enters our justice system until each case has gone through our courts and entirely exited the justice system; and WHEREAS, it is necessary to address the methods of generating, transmitting, utilizing, and retaining information in order to automate properly the courts of our state; and WHEREAS, all three branches of state government generate information which impacts the operation of our courts; consequently, all three branches of state government have a contribution to make in effectuating the proper automation of our courts; and WHEREAS, the foregoing concerns can be best addressed and the goal of automation of the courts can be most rationally achieved by creation of a commission to study fully all issues relating to the automation of the courts. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia Courts Automation Commission. The commission shall consist of 15 members as follows: (1) The chairman of the Judicial Council of Georgia shall appoint: (A) A member of the Supreme Court of Georgia; (B) A member of the Court of Appeals of Georgia; (C) Three judges of the superior courts of Georgia; Page 981 (D) One superior court clerk; (E) A judge of the state court; (F) A judge of the juvenile court; (G) A judge of the probate court; and (H) A judge of the magistrate court; (2) The commissioner of administrative services; (3) The director of the Georgia Bureau of Investigation; (4) The commissioner of corrections; (5) A member of the Senate appointed by the President of the Senate; and (6) A member of the House of Representatives appointed by the Speaker of the House of Representatives. BE IT FURTHER RESOLVED the chairman of the Judicial Council of Georgia shall appoint the chairman of the commission, and the commission shall elect a vice chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable; shall establish such quorum, attendance, and other rules as it deems necessary; and shall appoint such nonvoting advisory members as it deems appropriate for the most efficient operation of the commission. BE IT FURTHER RESOLVED the commission shall study all relevant aspects of the automation of the courts of Georgia, including the methods of generating, transmitting, utilizing, and retaining information required for full automation of the courts of this state. The administrative office of the courts shall provide staff assistance to the commission in conjunction with advisory consultation with the Criminal Justice Coordinating Council and staff. The chairman of the commission may designate and appoint committees to perform such functions as he may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, Page 982 and take any other action necessary or desirable to collect data and obtain information. The commission shall make a report of its findings and recommendations for the automation of the courts of Georgia, including any proposed legislation, to the Judicial Council of Georgia, the Governor, and all members of the General Assembly on or before December 31, 1990. BE IT FURTHER RESOLVED all members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative member of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from funds of their respective state departments and agencies. All members of the commission, except state officials and employees and members of the General Assembly, shall be reimbursed for such expenses from funds appropriated or available to the administrative office of the courts. The commission may meet at such times and places within the state as the commission deems necessary. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the administrative office of the courts, except as otherwise provided by this resolution. This resolution shall stand repealed on January 1, 1992, and the commission shall stand abolished at that time. Approved April 4, 1990. Page 983 F. EMORY GREENE MEMORIAL BRIDGEDESIGNATED. No. 100 (House Resolution No. 887). A RESOLUTION Designating the F. Emory Greene Memorial Bridge; and for other purposes. WHEREAS, Mr. F. Emory Greene, Chairman of the Bibb County Commissioners, died an untimely death on February 16, 1990; and WHEREAS, Mr. Greene was a civic leader and businessman cherished by his community for his unparalleled leadership and service; and WHEREAS, Mr. Greene served on the Bibb Board of Education, the Macon-Bibb County Industrial Authority, the Macon-Bibb County Board of Health, and was a member of Forward Macon and the Greater Macon Chamber of Commerce; and WHEREAS, as Chairman of the Bibb County Commissioners he displayed a genuine compassion for his community; and WHEREAS, in recognition of his numerous contributions to Bibb County it is only fitting and proper that the State of Georgia perpetuate his name; and WHEREAS, the Department of Transportation is planning to construct a bridge over I-75 in Bibb County as part of the Red Oak Road Extension. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge to be constructed over I-75 as part of the Red Oak Road Extension in Bibb County, Georgia, is designated as the F. Emory Greene Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain Page 984 appropriate markers designating the F. Emory Greene Memorial Bridge upon completion of construction. 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, to the Board of Commissioners of Bibb County, to the Mayor and Council of the City of Macon, and to the family of F. Emory Greene. Approved April 4, 1990. ELOISE WOOLDRIDGE BRIDGEDESIGNATED. No. 101 (House Resolution No. 909). A RESOLUTION Designating the Eloise Wooldridge Bridge; and for other purposes. WHEREAS, Mrs. Eloise Wooldridge was born on April 11, 1908, in Marion County, Georgia; and WHEREAS, she was graduated from Preston High School in 1928 and Georgia Southwestern College in 1931; and WHEREAS, she married Marvin Bryan Wooldridge in 1937 and is the mother of three children; and WHEREAS, she has devoted 42 years of service as a teacher in the Marion County public schools prior to her retirement in 1973; and WHEREAS, she has attained 81 years of age and has continued to serve as a substitute teacher in the Marion County public schools, averaging three days a week since her retirement; and Page 985 WHEREAS, she has served as past president of both her local and regional retired teachers associations; and WHEREAS, this remarkable lady has helped thousands of young people mold their lives and achieve success; and WHEREAS, in recognition of her many contributions, it is only fitting and proper that this state designate a bridge in her honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the railroad bridge located in the city limits of Buena Vista, Georgia, on Georgia Highway 41 South as the Eloise Wooldridge Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and Mrs. Eloise Wooldridge. Approved April 4, 1990. JOINT STEERING COMMITTEE FOR THE GEORGIA GENERAL ASSEMBLY'S CONFERENCE ON CHILDREN OF COCAINE AND SUBSTANCE ABUSECREATION. No. 102 (House Resolution No. 912). A RESOLUTION Relative to establishment of the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; Page 986 establishing a conference steering committee; and for other purposes. WHEREAS, cocaine and other substance abuse is perhaps the most devastating problem confronting this country and state and is fraying the social fabric in communities throughout the state; and WHEREAS, crack, a cheap smokeable form of cocaine is particularly highly addictive, often producing an almost immediate destruction of the individual and the family unit; and WHEREAS, substance abuse, and particularly crack abuse, is increasing at an alarming rate and contributes to related social evils, such as the spread of AIDS and other sexually transmitted diseases, teenage pregnancies, and a growing number of babies who are born of addicted mothers; and WHEREAS, the growth in numbers of these children of substance abuse is an increasingly grave threat to our state's most vital resource, its youth, and such children require vast commitments of medical resources and challenge the capabilities of our health care delivery system; and WHEREAS, the development and dissemination of innovative and effective methods of preventive and curative medical and social care for these children is of vital importance to the state; and WHEREAS, a conference devoted to this issue may present an important means toward the development and dissemination of such methods. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse. BE IT FURTHER RESOLVED that the steering committee shall consist of: the chairmen of the House Committees on Appropriations, Education, Governmental Affairs, Health and Ecology, Judiciary, Special Judiciary, and State Planning and Community Affairs; the chairmen of the Senate Committees on Page 987 Appropriations, Children and Youth, Education, Governmental Operations, Human Resources, Judiciary, and Special Judiciary; ten additional members appointed by the Speaker of the House of Representatives; and ten additional members appointed by the President of the Senate. Such additional members shall include members of the General Assembly, members of the business community, health care providers, and representatives of advocacy groups. The Speaker of the House of Representatives shall appoint the chairman and the President of the Senate shall appoint the vice chairman. BE IT FURTHER RESOLVED that the committee is charged with the responsibility of investigating the feasibility of using resources made available from the business community and philanthropic interests to establish or facilitate in Georgia during 1990 a one-day Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse. If the committee determines that the establishment of such a conference is feasible through such resources so made available, the committee is authorized to undertake all actions necessary to establish or facilitate such a conference through such resources, provided that no legislative branch funds may be expended to establish or facilitate the conference unless such expenditure is specifically authorized by the Legislative Services Committee. BE IT FURTHER RESOLVED that the members of the steering committee shall serve without compensation, except that the legislative members of the committee shall receive from legislative funds for each day's service thereon the allowances authorized for members of legislative interim committees. Approved April 4, 1990. Page 988 JOE A. WHITHERINGTON BRIDGEDESIGNATED. No. 103 (House Resolution No. 931). A RESOLUTION Designating the Joe A. Whitherington Bridge; and for other purposes. WHEREAS, until his retirement in January, 1990, Joe A. Whitherington, city engineer, had served the City of Macon longer than any other active city employee or official; and WHEREAS, he began his public employment in 1935 in the engineering division of the Department of Transportation; and WHEREAS, in 1939, he moved to Macon and began work in the city engineering department; and WHEREAS, he interrupted his city employment only to enlist in World War II where he served in General Patton's Third Army and was awarded the Purple Heart and three Battle Stars; and WHEREAS, after the war, he returned to Macon and resumed his position in city engineering, which he performed with distinction and a rare dedication; and WHEREAS, he is a registered civil engineer and land surveyor; and WHEREAS, he is a charter member and past president and director of the Macon chapter of the Georgia Society of Professional Engineers; and WHEREAS, in recognition of Joe A. Whitherington's 50 years of loyalty and dedication to the City of Macon and in honor of his many contributions to his community, it is only fitting and proper that this state perpetuate his name in an appropriate manner. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the state bridge currently Page 989 designated as the Hardeman Bridge, which crosses I-75 in Bibb County, Georgia, is designated as the Joe A. Whitherington Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the Joe A. Whitherington Bridge. Approved April 4, 1990. JOINT STUDY COMMITTEE ON PARKS, RECREATION, HISTORIC PRESERVATION, AND NATURAL AREASCREATION. No. 104 (Senate Resolution 414). A RESOLUTION Creating the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; and for other purposes. WHEREAS, subsection (a) of Code Section 12-3-1 of the Official Code of Georgia Annotated declares it to be the policy of the State of Georgia to institute and maintain a comprehensive state-wide program for planning, developing, and operating state parks and recreation areas, programs, policies, standards, and means of promoting such facilities; and WHEREAS, subsection (a) of Code Section 12-3-50.1 of the Official Code of Georgia Annotated, relating to historic properties, and paragraphs (1) and (2) of Code Section 12-3-91, relating to natural areas, both declare it to be the policy of the State of Georgia to operate and maintain programs designed to promote and encourage protection of these respective areas; and WHEREAS, state and local parks and recreation areas, historic resources, and natural areas have been found to contribute positively to the economic prosperity and quality of life in Georgia; and Page 990 WHEREAS, Georgia's state parks now serve 56 percent more visitors than were served seven years ago and revenue collections have likewise risen by 98 percent in the same period of time; and WHEREAS, more than 165 local park and recreation agencies and 454 historic preservation societies, museums, and related cultural groups are currently promoting programs in Georgia; and WHEREAS, Georgia ranks fourth in the nation in the number of plant species, second in the nation in the number of animal species, and fourth in the nation in the number of rare species, which indicates the diversity of the state's natural heritage; and WHEREAS, the Georgia Board of Natural Resources established a State Needs Assessment Study Committee to identify budgetary considerations for addressing concerns regarding state and local parks, recreation, historic preservation, and natural areas; and this committee submitted its report of findings in January, 1989; and WHEREAS, further study is needed to identify programs, policy issues, facility needs, and specific funding sources for parks, recreation areas, historic preservation, and natural areas protection throughout Georgia; and WHEREAS, the provision of adequate opportunities for state and local parks, historic resources preservation, and natural areas protection needs to be carefully managed and constantly monitored to ensure that Georgia's citizens and guests to this state are properly served; and WHEREAS, state support of programs to provide parks and open space, expand recreation opportunities, and preserve natural and historic resources throughout Georgia is an essential and wise investment in Georgia's future. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Page 991 Representatives, three members of the Senate to be appointed by the President of the Senate, three members of the executive branch of state government, and eight members from the public and private sectors to be appointed by the Governor. The executive branch members shall be the commissioner of natural resources, commissioner of industry, trade, and tourism, and the chancellor of the board of regents, or their designees. The members of the public and private sectors shall be as follows: one representative of the Association County Commissioners of Georgia, one representative of the Georgia Municipal Association, one representative of The Georgia Conservancy, one representative of the Georgia Recreation and Park Association, and one representative of the Georgia Trust for Historic Preservation, one representative of The Nature Conservancy, and two representatives of the Business Council of Georgia. The Speaker of the House of Representatives and the President of the Senate shall each appoint a cochairman. A cochairman shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. 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. All members of the committee except the executive branch members shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 20 days unless additional days are authorized. The executive branch members shall be reimbursed for actual and necessary expenses incurred by them in carrying out their duties from the funds of their respective departments or agencies. Except as otherwise provided in this resolution, the funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for Page 992 proposed legislation and funding, if any, on or before August 1, 1990. The committee shall stand abolished on December 31, 1990. Approved April 10, 1990. PURCHASE OF MARIJUANA OR CONTROLLED SUBSTANCES. Code Section 16-13-30 Amended. No. 1238 (House Bill No. 1340). AN ACT To amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, so as to prohibit the purchase of marijuana and controlled substances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to possession of marijuana and controlled substances, is amended by striking subsections (a), (i), and (j) and inserting in their respective places new subsections to read as follows: (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance. (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Any person who violates this subsection shall be guilty of a felony and, Page 993 upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (j) (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE. Code Section 47-2-298 Enacted. No. 1239 (House Bill No. 539). AN ACT To amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that certain employees and former employees of county departments of family and children services of counties of this state having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census shall have the option to obtain creditable service under the Employees' Retirement System of Georgia for certain creditable service obtained under a local retirement system and for requirements relative thereto; to provide for Page 994 control over conflicting laws or ordinances; to provide procedures, requirements, and other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relating to classifications of certain officials and employees, a new Code Section 47-2-298 to read as follows: 47-2-298. (a) As used in this Code section, the term: (1) `County' means a county of this state having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census. (2) `Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county department of family and children services and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (b) Any employee or former employee of a county department of family and children services who is or was a member of a local retirement system and who is or becomes a member of this retirement system, subject to the requirements of this Code section, may obtain creditable service under this retirement system equivalent to creditable service the employee had under the local retirement system. Upon notification in writing by the board of trustees of this retirement system to the governing authority of the county and to the board of trustees or other managing body of the local retirement system, the following payments shall be made to the board of trustees on behalf of each employee electing to obtain creditable service: Page 995 (1) An amount paid by the board of trustees or other managing body of the local retirement system equal to the employer contributions, plus regular interest thereon, which had been paid to the local retirement system on behalf of the employee; (2) An amount paid by the county from county funds which, when added to the amounts under paragraph (1) of this subsection and the employee contribution under subsection (d), shall be sufficient to grant the creditable service under this retirement system authorized by this paragraph without creating any accrued liability, as a result of granting such creditable service, against this retirement system; and (3) An amount certified by the board of trustees of this retirement system to be paid by the county from county funds which is sufficient to reimburse the board of trustees of this retirement system for the administrative and actuarial expenses incurred by said board to effectuate the granting of such creditable service by this retirement system. (c) The employee contributions paid to the board of trustees under subsection (d) of this Code section shall be deposited by the board into the annuity savings fund as a credit to the member. Other funds paid to the board of trustees under subsection (b) of this Code section shall be deposited by the board into the pension accumulation fund. Upon receiving the payments provided for by subsection (b) of this Code section, the board of trustees shall enter the creditable service provided for by said subsection (b) upon the records of the employee. (d) Employees or former employees of a county department of family and children services who are subject to the provisions of this Code section shall exercise the option provided by this Code section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than September 30, 1990. For employees or former employees of a county department of family and children services who become members of this retirement system Page 996 after July 1, 1990, such election and notification must be made within 90 days of becoming a member of this retirement system. Any such employee failing to exercise the option granted by this Code section within such time limitation shall not at any time thereafter be eligible to become a member of this retirement system as an employee of a county department of family and children services. Any such employee shall make payment to the board of trustees of this retirement system of a sum equal to their employee contributions which had been paid to the local retirement system during the years of service for which credit is being claimed. (e) Employees or former employees of a county department of family and children services who are or become members of this retirement system and who obtain credit for service pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except to the extent that said Code section prohibits obtaining prior service as creditable service as authorized by subsection (b) of this Code section. (f) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control. Section 2 . This Act shall become effective on July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 997 WORKERS' COMPENSATIONGROUP SELF-INSURANCE FUNDS. Code Sections 34-9-161, 34-9-163, and 34-9-171 Amended. Code Section 34-9-170 Repealed. No. 1240 (Senate Bill No. 693). 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, so as to change the provisions relating to the maintenance of securities deposits; to change the provisions relating to the maintenance of loss reserves; to repeal certain provisions relating to the imposition, deductions, reductions, abatements, and credits with respect to taxes regarding property and casualty insurers; to change certain provisions relating to tax exemptions; to exempt group self-insurance funds from state and local premium taxes; 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, is amended by striking in its entirety subsection (a) of Code Section 34-9-161, relating to securities deposits, 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 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 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 Page 998 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 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 34-9-163, relating to the investment of assets and maintenance of loss reserves, 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) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain: (1) Actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance which, combined with actual loss and loss expense payments, shall be 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; or Page 999 (2) With the approval of the Commissioner, loss reserves in an amount established by an independent casualty actuary. (c) Notwithstanding the provisions of subsection (b) of this Code section, 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. Section 3 . Said article is further amended by striking in its entirety Code Section 34-9-170, relating to the imposition, deductions, reductions, abatements, and credits with respect to taxes regarding property and casualty insurers, which reads as follows: 34-9-170. The same taxes provided for in Chapter 8 of Title 33 with regard to property and casualty insurers shall apply to and shall be imposed upon each fund established by a trade association or professional association or group of hospital authorities pursuant to this article; and such funds shall also be entitled to the same tax deductions, reductions, abatements, and credits that such property and casualty insurers are entitled to receive. Nothing contained in this Code section shall be deemed to require any funds comprised of municipalities, counties, or school boards to pay any state or local taxes., and inserting in lieu thereof the following: 34-9-170. Reserved. Section 4 . Said article is further amended by striking in its entirety Code Section 34-9-171, relating to the exemption from taxes of funds comprised of municipalities, counties, and school boards, and inserting in lieu thereof the following: Page 1000 34-9-171. Funds organized and operating pursuant to this article shall be exempt from state and local premium taxes. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. LIFE INSURANCENOTICE OF INSURANCE TO PERSONS INSURED UNDER CERTAIN POLICIES. Code Section 33-24-6 Amended. No. 1241 (House Bill No. 1219). AN ACT To amend Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, so as to provide that the insurer provide notice of insurance to certain persons insured under life or accident and sickness insurance contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-24-6 of the Official Code of Georgia Annotated, relating to the consent of the insured to certain insurance contracts, is amended by redesignating subsection (b) as subsection (c) and by inserting immediately following subsection (a) a new subsection (b) to read as follows: (b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or delivery of the contract of insurance, notice of Page 1001 the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any application for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. PAROLENOTICE TO VICTIM. Code Section 42-9-46 Amended. No. 1242 (House Bill No. 1549). AN ACT To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, so as to provide that where the board gives notice of consideration of parole to a judge or district attorney, the same notice shall be given to the victim of a crime against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim; to provide that such victim or, if such victim is deceased, such victim's spouse, children, or parents shall be entitled to appear before the board or make a written statement to the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Page 1002 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to granting of relief by the State Board of Pardons and Paroles, is amended by striking Code Section 42-9-46, relating to notification of consideration of parole, in its entirety and inserting in lieu thereof a new Code Section 42-9-46 to read as follows: 42-9-46. Notwithstanding any other provisions of law to the contrary, if the board is to consider any case in which an inmate has failed to serve the time required by law for automatic initial consideration, the board shall notify in writing, at least ten days prior to consideration, the sentencing judge, the district attorney of the county in which the person was sentenced, and any victim of crimes against the person or, if such victim is deceased, the spouse, children, or parents of the deceased victim if such person's name and address are provided on the impact statement pursuant to Code Section 17-10-1.1. The sentencing judge, district attorney, or victim or, if such victim is deceased, the spouse, children, or parents of the deceased victim may appear at a hearing held by the board or make a written statement to the board expressing their views and making their recommendation as to whether the person should be paroled. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1003 CRIMES AND OFFENSESSEXUAL OFFENSES. Code Section 16-6-5.1 Amended. Code Section 16-6-22.1 and 16-6-22.2 Enacted. No. 1243 (Senate Bill No. 602). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of sexual assault against persons in custody; to provide for the offense of sexual battery; to provide for the offense of aggravated sexual battery; to define certain terms; to provide penalties for such offenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking subsection (b) of Code Section 16-6-5.1, relating to sexual assault against persons in custody, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) A person commits sexual assault when he engages in sexual contact with another person who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than three years. Section 2 . Said chapter is further amended by adding immediately following Code Section 16-6-22, relating to the offense of incest, two new Code sections, to be designated Code Section 16-6-22.1 and Code Section 16-6-22.2, to read as follows: 16-6-22.1. (a) For the purposes of this Code section, the term `intimate parts' means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. Page 1004 (b) A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) A person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. 16-6-22.2. (a) For the purpose of this Code section, the term `foreign object' means any article or instrument other than the sexual organ of a person. (b) A person commits the offense of aggravated sexual battery when he intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. (c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for not less than one nor more than 20 years. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT. Code Title 10, Chapter 1, Article 22 Amended. No. 1244 (House Bill No. 1186). AN ACT To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Georgia Motor Vehicle Franchise Practices Act, so as to provide for attorney's fees in certain Page 1005 enforcement actions; to specify what adequate compensation for such services shall be based upon; to require the franchisor to purchase certain items from the franchisee and to compensate the franchisee for certain expenses if a franchise is terminated, cancelled, or not renewed; to provide definitions; to provide for interest penalty; to make it unlawful for a franchisor to change any provision of a franchise agreement without giving the franchisee certain notice of such change; to authorize the state revenue commissioner by and through the Department of Revenue to hear and resolve allegations of violations of the laws relating to motor vehicle franchises; to provide definitions; to provide for orders; to provide for appeals and judicial review; to provide for a registration fee; 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 . Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Georgia Motor Vehicle Franchise Practices Act, is amended by adding a new Code Section 10-1-628 to read as follows: 10-1-628. Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees. Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed. Section 2 . Said article is further amended by striking the last sentence of paragraph (2) of subsection (a) of Code Section 10-1-641, relating to a dealer's predelivery preparation and warranty service obligations, and inserting in lieu thereof a new last sentence to read as follows: In no event shall the hourly labor rate paid to a dealer for such work and service be less than the rate charged by such dealer for like work and service to nonwarranty customers for nonwarranty service and repairs, provided such rate is not unreasonable. Page 1006 Section 3 . Said article is further amended by striking subsections (f) and (g) of Code Section 10-1-651, relating to the termination, cancellation, or nonrenewal of a franchise, which read as follows: (f) (1) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor pursuant to this Code section, the dealer shall be paid fair and reasonable compensation by the franchisor for the following: (A) Any new and unused current model year motor vehicle inventory which has been acquired from the franchisor so long as the motor vehicle has not been altered, damaged, or materially changed while in the dealer's possession; (B) Any unused, undamaged, and unsold supplies and parts which have been acquired from the franchisor, provided such supplies and parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition; (C) Any equipment and furnishings purchased from the franchisor or its approved sources within three years of the date of termination, cancellation, or nonrenewal; and (D) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools which the franchisor required the dealer to purchase. (2) Fair and reasonable compensation for the above shall in no instance be less than the net acquisition price if the items were acquired in the 12 months preceding the effective date of termination, cancellation, or nonrenewal, or the fair market value if the items were acquired more than 12 months preceding the effective date of termination, cancellation, or nonrenewal and shall be paid by the franchisor within 90 days of the effective date of termination, cancellation, or nonrenewal, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer Page 1007 title and possession of the inventory and other items to the franchisor. (g) In the event of a termination, cancellation, or nonrenewal by the franchisor pursuant to subsection (c) of this Code section, relating to the performance of the dealer in sales or service, then the franchisor shall pay the dealer a sum equivalent to the rent for the unexpired term of the lease or for one year, whichever is less. If the dealer owns the dealership facilities, the franchisor shall pay the dealer a sum equivalent to the reasonable rental value of the dealership facilities for one year. Each time limit set forth in this subsection may be for a longer term if so provided in the franchise agreement., and inserting in lieu thereof new subsections (f) and (g) to read as follows: (f) (1) (A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall repurchase from the dealer any new and unused motor vehicles of the current model year and any new and unused motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this subparagraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. (B) In addition to the motor vehicles repurchased under subparagraph (A) of this paragraph, the franchisor shall repurchase demonstration motor vehicles of the current model year and demonstration motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the Page 1008 franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed and so long as such motor vehicles do not have more than 6,000 miles each on their odometers. Any such demonstration motor vehicle shall be repurchased at the net cost to the dealer less an allowance for use equal to the net cost to the dealer times the current mileage divided by 100,000. The franchisor shall repurchase a number of demonstration motor vehicles equal to 10 percent of the number of motor vehicles repurchased under subparagraph (A) of this paragraph; however, in no event shall the number of demonstration motor vehicles which the franchisor is required to repurchase ever be less than two or more than 15 motor vehicles. (C) For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (2) Upon the termination, cancellation, or nonrenewal of any franchise by the dealer, the franchisor shall repurchase from the dealer any new and unused motor vehicles, except motorcycles as defined in paragraph (25) of Code Section 40-1-1 and except motor homes as defined in paragraph (27) of Code Section 40-1-1 and except school buses as defined in paragraph (50) of Code Section 40-1-1, of the current model year so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor of the same line-make and in the normal course of business and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this paragraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. For purposes of this paragraph, a motor Page 1009 vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (3) (A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor or upon the termination, cancellation, or nonrenewal of any franchise by the franchisee, the franchisor shall repurchase, at fair and reasonable compensation, from the dealer the following: (i) Any unused, undamaged, and unsold parts which have been acquired from the franchisor, provided such parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition. Such parts shall be repurchased by the franchisor at the current catalog price, less any applicable discount; (ii) Any supplies, equipment, and furnishings, including manufacturer or line-make signs, purchased from the franchisor or its approved source within three years of the date of termination, cancellation, or nonrenewal; and (iii) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools or other equipment which the franchisor required the dealer to purchase regardless of the time purchased. (B) Except as provided in division (i) of subparagraph (A) of this paragraph, fair and reasonable compensation shall be the net acquisition price if the item was acquired in the 12 months preceding the effective date of the termination, cancellation, or nonrenewal; 75 percent of the net acquisition price if the item was acquired between 13 and 24 months preceding the effective date of the termination, cancellation, or nonrenewal; Page 1010 50 percent of the net acquisition price if the item was acquired between 25 and 36 months preceding the effective date of the termination, cancellation, or nonrenewal; 25 percent of the net acquisition price if the item was acquired between 37 and 60 months preceding the effective date of the termination, cancellation, or nonrenewal; or fair market value if the item was acquired more than 60 months preceding the effective date of the termination, cancellation, or nonrenewal. (4) The repurchase of any item under this subsection shall be accomplished within 60 days of the effective date of the termination, cancellation, or nonrenewal or within 60 days of the receipt of the item by the franchisor, whichever is later in time, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (5) In the event the franchisor does not pay the dealer the amounts due under this subsection or subsection (g) of this Code section within the time period set forth in this subsection, the franchisor shall, in addition to any amounts due, pay the dealer interest on such amount. This interest shall not begin to accrue until the time for payment has expired. The interest shall be computed monthly on any balance due and the monthly interest rate shall be one-twelfth of the sum of the then current Wall Street Journal Prime Interest Rate and 1 percentage point. (g) Within 60 days of the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall commence to reimburse the dealer for one year of the dealer's reasonable cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one year of the reasonable rental value of the facilities or location. If more than one franchise is being terminated, cancelled, or not renewed, the reimbursement shall be prorated equally among the different franchisors. However, if a franchise is terminated, cancelled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by Page 1011 this subsection shall not be required to be paid. The provisions of this subsection shall not apply if the dealer is convicted of any criminal offense which conviction is cause of the termination, cancellation, or nonrenewal. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal. If reimbursement is made under this subsection, the franchisor is entitled to possession and use of the facilities or location for the period covered by such reimbursement. Section 4 . Said article is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 10-1-662, relating to unlawful acts of franchisors, and inserting in lieu thereof the following: (8) To deny any dealer the right of free association with any other dealer for any lawful purposes; (9) To engage in any predatory practice or discrimination against any dealer; or (10) To propose or make any material change in any franchise agreement without giving the dealer written notice by certified mail of such change at least 60 days prior to the effective date of such change. Section 5 . Said article is further amended by adding at the end thereof a new Part 6 to read as follows: Part 6 10-1-665. As used in this part, the term: (1) `Commissioner' means the state revenue commissioner. (2) `Department' means the Department of Revenue. 10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized Page 1012 to enforce the provisions of this article and any order issued pursuant to the enforcement of this article. 10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state. 10-1-668. (a) In addition to the licensing fee set forth in Code Section 40-2-36, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe. Page 1013 (b) It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received. Section 6 . Sections 1, 2, 3, and 4 of this Act shall be applicable only to franchise agreements made, entered into, renewed, continued, extended, amended, or modified after May 1, 1990. Section 7 . This Act shall become effective May 1, 1990. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. MOTOR VEHICLE WARRANTY RIGHTS ACTLEMON LAW; ENACTED. Code Sections 10-1-780 through 10-1-794 Enacted. No. 1245 (House Bill No. 1555). 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 create a new Article 28 to be entitled Motor Vehicle Warranty Rights Act; to provide for intent; to provide for definitions; to provide for duties of motor vehicle dealers and manufacturers; to provide Page 1014 for repair or replacement of nonconforming motor vehicles; to provide for resale of nonconforming vehicles; to provide for motor vehicle arbitration panels; to provide for rules and regulations; to provide for procedures; to provide for appeals; to provide for the motor vehicle arbitration account; to provide for enforcement and penalties; to provide for nonwaiver of rights; to provide for appeal from informal dispute resolution programs; to provide for the appointment qualifications, and compensation of panel members; 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 1 of Title 10 of the Official Code of Georgia Annotated, related to selling and other trade practices, is amended by adding at the end thereof a new article 28 to read as follows: ARTICLE 28 10-1-780. This article shall be known and may be cited as the `Motor Vehicle Warranty Rights Act.' 10-1-781. The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. It is the intent of the General Assembly to ensure that the consumer is made aware of his or her rights under this article. In enacting these comprehensive measures, it is the intent of the General Assembly to create the proper blend of private and public remedies necessary to enforce this article. 10-1-782. Unless the context clearly requires otherwise, the definitions in this Code section apply throughout this article. As used in this article, the term: (1) `Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (2) `Collateral charges' means those additional charges to a consumer or lessor wholly incurred as a result Page 1015 of the acquisition purchase of the motor vehicle. For the purposes of this article, collateral charges include but are not limited to, manufacturer installed or dealer installed items or service charges, earned finance charges incurred by a consumer in the case of a purchase and by the lessor in the case of a lease, sales tax, and title charges. (3) `Consumer' means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle primarily for personal, family, or household purposes, regardless of how the documents characterize the transaction. The term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial owner or lessee of no more than three new motor vehicles and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. For the limited purpose of enforcing the rights granted under this article, the term `consumer' will also include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers. (4) `Court' means the Superior Court in the county where the consumer resides, except if the consumer does not reside in this state, then the Superior Court in the county where an arbitration hearing or determination was conducted or made pursuant to this article. (5) `Distributor' means a person or entity holding a distribution agreement with a manufacturer for the distribution of new motor vehicles to new motor vehicle dealers or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such distribution, who is not responsible to the manufacturer for honoring the manufacturer's express warranty, and who does not issue an express warranty to consumers. (6) `Express warranty' means a warranty which is given by the manufacturer in writing. (7) `Incidental costs' means any reasonable expenses incurred by the consumer in connection with the repair of Page 1016 the new motor vehicle, including but not limited to payments to dealers for attempted repairs of nonconformities, towing charges, and the costs of obtaining alternative transportation. (8) `Informal Dispute Resolution Settlement Mechanism' means any procedure established, employed, utilized, or run by a manufacturer for the purpose of resolving disputes with consumers regarding any warranty. (9) `Lemon Law Rights Period' means the period ending one year after the date of the original delivery of a new motor vehicle to a consumer or the first 12,000 miles of operation after delivery of a new motor vehicle to a consumer, whichever occurs first. (10) `Manufacturer' means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. (11) `New motor vehicle' means any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased or purchased in this state or registered by the original consumer in this state and on which the original motor vehicle title was issued to the lessor or purchaser without having been previously issued to any person other than the selling dealer. If the motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term `new motor vehicle' does not include motorcycles or trucks with ten thousand pounds or more gross vehicle weight rating. The term `new motor vehicle' shall not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term `new motor vehicle' includes a demonstrator or lease-purchase, as long as a manufacturer's warranty was issued as a condition of sale, unless specifically excluded under this definition. Page 1017 (12) `New motor vehicle dealer' means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, distributing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. For the purposes of subsection (d) of Code Section 10-1-784, concerning private civil actions for violations of this article, the term `new motor vehicle dealer' shall include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers. (13) `Nonconformity' means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle. (14) `Panel' means a new motor vehicle arbitration panel as designated in Code Sections 10-1-786 and 10-1-794. (15) `Purchase price' means in the case of a sale of a new motor vehicle to a consumer the cash price of the new motor vehicle appearing in the sales agreement, contract, or leasing agreement, including any reasonable allowance for a trade-in vehicle. In determining whether the trade-in allowance was reasonable, the panel may take into account whether the purchase price of the vehicle was at fair market value or not and make appropriate adjustments to ensure that the consumer is made whole but not unjustly enriched. In the case of a consumer lease of a new motor vehicle, `purchase price' means the cash price paid by the lessor to a dealer or distributor to purchase the new motor vehicle. (16) `Reasonable offset for use' means an amount directly attributable to use by the consumer before the consumer requests repurchase or replacement by the manufacturer pursuant to Code Section 10-1-784. The reasonable offset for use shall be computed by the number of miles that the vehicle traveled before the consumer's request of Page 1018 repurchase or replacement multiplied by the purchase price, and divided by 100,000. (17) `Reasonable number of attempts' under the lemon law rights period means the definition as provided in Code Section 10-1-784. (18) `Replacement motor vehicle' means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease. (19) `Serious safety defect' means a life-threatening malfunction or nonconformity. (20) `Substantially impair' means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle more than a meaningful amount below the average resale value for comparable motor vehicles. (21) `Warranty' means any express written warranty of the manufacturer, but shall not include any extended coverage purchased by the consumer as a separate item. 10-1-783. (a) Each new motor vehicle dealer shall provide an owner's manual which shall be published by the manufacturer and include a list of the addresses and phone numbers at which consumers may, at no cost, contact the manufacturer's customer service personnel who are authorized to direct activities regarding repair of the consumer's vehicle. (b) At the time of purchase, the new motor vehicle dealer shall provide the consumer with a written statement that explains the consumer's rights under this article. The statement shall be written by the administrator and shall contain information regarding the procedures and remedies under this article. (c) For the purposes of this article, if a new motor vehicle has a nonconformity and the consumer reports the nonconformity during the lemon law rights period to the manufacturer, its agent, or the new motor vehicle dealer who sold the Page 1019 new motor vehicle, the vehicle shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether such repairs are made after the expiration of the lemon law rights period. If in any subsequent proceeding under this article it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the vehicle, the consumer shall be liable to the manufacturer for the costs of the repair. (d) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative regarding inspection, diagnosis, or test-drive of the consumer's new motor vehicle. (e) Each time the consumer's vehicle is returned from being diagnosed or repaired under the lemon law rights period or under a warranty, the new motor vehicle dealer shall provide to the consumer a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle, including but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer. (f) No manufacturer, its agent, or new motor vehicle dealer may refuse to diagnose or repair any nonconformity for the purpose of avoiding liability under this article. (g) The lemon law rights period and 30 day out-of-service period shall be extended by any time that repair services are not available to the consumer as a direct result of a strike, war, invasion, fire, flood, or other natural disaster. 10-1-784. (a) (1) If the manufacturer, its agent, or the new motor vehicle dealer is unable to repair or correct any nonconformity in a new motor vehicle after a reasonable number of attempts, the consumer shall notify the manufacturer by certified mail, return receipt requested at the address provided by the manufacturer. The manufacturer shall, within seven days after receipt of such notification, Page 1020 notify the consumer of a reasonably accessible repair facility and after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within 14 days, conform the motor vehicle to the warranty. If the manufacturer is unable to repair or correct any nonconformity of the new motor vehicle, the manufacturer shall, within 30 days of the consumer's written request, by certified mail, return receipt requested, at the option of the consumer, or the lessor in the event of a leased motor vehicle, replace or repurchase the new motor vehicle. If the manufacturer fails to notify the consumer of a reasonably accessible repair facility or perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply. (2) If a lessor elects replacement, the contractual obligation, except for those terms of the agreement which identify the vehicle, between the lessor and the consumer shall not be altered. If a lessor elects repurchase, it shall return to the consumer a sum equal to the allowance for any trade-in, and down payment or initial balloon payment, made by the consumer, and all future obligations of the consumer to the lessor shall cease. In the event a lessor elects to require the manufacturer to repurchase a leased vehicle, the consumer will remain liable for all lease obligations arising prior to the date that the lessor elects such replacement, but will have no future obligations under the lease, and will be liable for no penalty for early termination. A lessor must elect either a repurchase or replacement within 30 days of receiving written notice from the consumer that such an election is desired; if the lessor fails to make such an election within the 30 days, the consumer may make the election to repurchase or replace and the lessor shall be bound by the consumer's election. (3) The replacement motor vehicle shall be identical or reasonably equivalent to the motor vehicle to be replaced. Such replacement shall include payment of all collateral charges which the consumer or lessor will incur a second time which would not have been incurred again except for the replacement, and any and all incidental costs incurred by the consumer or lessor. In the case of a replacement Page 1021 motor vehicle, the reasonable offset for use shall be paid by the consumer to the manufacturer. Compensation for a reasonable offset for use shall be paid by the consumer to the manufacturer in the event that a replacement motor vehicle is elected. In the case of a lease where the consumer either has no option to purchase the motor vehicle at the end of the lease term, or the consumer has an option to purchase the motor vehicle at the end of the lease term but does not exercise the option, the lessor shall refund to the consumer the lesser of (A) the offset for use paid by the consumer to the manufacturer at the time of delivery of the replacement vehicle, or (B) the gain realized by the lessor by reason of the difference, if any, between the anticipated residual value of the original motor vehicle as determined at the inception of the lease and the realized value of the replacement motor vehicle at the end of the lease. If the lessor does not realize any gain from the disposition of the replacement vehicle, there will be no refund due to the consumer from the lessor. The foregoing rules apply only to leases where the consumer performs all of the consumer's obligations under the lease agreement and the lease terminates upon the scheduled expiration of the lease term as set forth in the lease agreement or any mutually agreed upon extension of the lease term. The administrator may provide by rule under Chapter 13 of Title 50, the `Administrative Procedure Act,' for determining the manner of calculating the amount of any further charges or refunds that may apply in the case of leases terminated prematurely either by the voluntary election of the parties, or involuntarily by the lessor in the event of the lessee's default, the loss or destruction of the vehicle, or for any other reason. (4) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer all collateral charges and incidental costs. In the event of a repurchase, purchase price refunds shall be made to the consumer and lienholder of record, if any, as his or her interests may appear, less a reasonable offset for use. In the event of a lease, purchase price refunds shall be made to the lessor, less a reasonable offset for use. If it is determined that the lessee is entitled to a refund, the consumer's lease agreement with the lessor shall be terminated upon payment of Page 1022 the refund and no penalty for early termination shall be assessed. (b) A reasonable number of attempts shall be presumed as a matter of law to have been undertaken by the manufacturer, its agent, or the new motor vehicle dealer to repair or correct any nonconformity of a new motor vehicle, if: (1) a serious safety defect in the braking or steering system has been subject to repair at least once during the lemon law rights period and has not been corrected; (2) during any period of 24 months or less, or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, any other serious safety defect has been subject to repair two or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; (3) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the same nonconformity has been subject to repair, three or more times, at least one of which is during the lemon law rights period, and the nonconformity continues to exist; or (4) during any period of 24 months or less or during any period in which the vehicle has been driven 24,000 miles or less, whichever occurs first, the vehicle is out of service by reason of repair of one or more nonconformities for a cumulative total of 30 calendar days, at least 15 of them during the lemon law rights period. If less than 15 days remain under the lemon law rights period when the new motor vehicle is first brought in for diagnosis or repair, the lemon law rights period as regards the problem to be diagnosed or repaired shall be extended for a period of 90 days. (c) For purposes of this article, the lemon law rights period regarding nonconformities on all new motor vehicles sold in this state shall be for 12 months following the purchase of the vehicle or for 12,000 miles following the purchase of the vehicle, whichever occurs first. (d) This article shall not create and shall not give rise to any cause of action against and shall not impose any liability upon any new motor vehicle dealer or distributor except as provided in this Code subsection. No new motor vehicle dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or vehicle replacements, and manufacturers and Page 1023 consumers shall not have a cause of action against a new motor vehicle dealer or distributor under this article. A violation of any duty or responsibility imposed upon a new motor vehicle dealer or distributor under this article shall constitute a per se violation of Code Section 10-1-393; provided, however, that enforcement against such violations shall be by public enforcement by the administrator and shall not be enforceable through private enforcement under the provisions of Code Section 10-1-399, except that a knowing violation of Code Section 10-1-785 shall be enforceable through private enforcement under the provisions of Code Section 10-1-399. The provisions of Code Section 11-2-602 through Code Section 11-2-609 shall not apply to the sale of a new motor vehicle if the consumer seeks to use the remedies provided for in this article. A consumer shall be deemed to have used the remedies provided for in this article when he or she completes, signs, and returns forms prescribed by the administrator for the submission of disputes to an informal dispute resolution settlement mechanism or to a panel, whichever occurs first. Such forms shall contain a conspicuous statement clearly advising the consumer of the rights the consumer is waiving by participating in the procedures under this article. A consumer may not use the remedies provided for in this article if the consumer has already sought to use the remedies provided for in Code Section 11-2-602 through Code Section 11-2-609, unless the nonconformity did not exist or was not known at the time of using the remedies provided for in such Code sections. Manufacturers and consumers may not make new motor vehicle dealers or distributors parties to arbitration panel proceedings or any other proceedings under this article. The provisions of this article shall not impair any obligation under any manufacturer-dealer franchise agreement or manufacturer-distributor agreement which attempts to shift any duty, obligation, responsibility, or liability imposed upon a manufacturer by this article to a new motor vehicle dealer or distributor, either directly or indirectly, shall be void and unenforceable, except for any liability imposed upon a manufacturer by this article, which is directly caused by the gross negligence of the dealer in attempting to repair the motor vehicle after such gross negligence has been determined by the hearing officer, as provided in Article 22 of Chapter 1 of Title 10, the `Georgia Motor Vehicle Franchise Practices Act.' Page 1024 10-1-785. (a) No manufacturer or other transferor shall knowingly resell, either at wholesale or retail, lease, transfer a title, or otherwise transfer, except to sell for scrap, any motor vehicle which has been determined to have a serious safety defect by reason of a determination, adjudication, or settlement decision pursuant to this article or similar statute of any other state, unless the serious safety defect has been corrected; the manufacturer warrants in writing upon the resale, transfer, or lease that the defect has been corrected; and the transferor provides the manufacturer's written warranty under this Code section to the consumer. (b) After replacement or repurchase pursuant to this article of a motor vehicle with a nonconformity, other than a serious safety defect, which has not been corrected, the manufacturer shall notify the administrator, by certified mail, upon receipt of the manufacturer's motor vehicle. If such nonconformity is corrected, the manufacturer shall notify the administrator in the same manner of such correction. If the two events described in this subsection occur within 30 days of one another, both notices may be combined into the same notice. (c) Upon the resale, either at wholesale or retail, lease, transfer of title, or other transfer of a motor vehicle with a nonconformity, other than a serious safety defect, which has not been corrected and which was previously returned after a final determination, adjudication, or settlement under this article or under a similar statute of any other state, the manufacturer shall execute and deliver to the transferee before transfer to a consumer an instrument in writing setting forth information identifying the nonconformity in a manner to be specified by the administrator; the transferor shall deliver the instrument to the consumer before transfer. (d) Upon the resale, either at wholesale or retail, lease, transfer of title or other transfer of a motor vehicle found to have a nonconformity under this article which has been corrected, the manufacturer shall warrant in writing on forms prescribed by the administrator upon the transfer that the nonconformity has been corrected, and the manufacturer, its agent, the new motor vehicle dealer, or other transferor shall execute and deliver to the transferee before transfer an instrument in writing setting forth information identifying the nonconformity Page 1025 and indicating in a manner to be specified by the administrator that it has been corrected and providing an express manufacturer's warranty on the vehicle regarding the nonconformity for 12 months or 12,000 miles, whichever occurs first. (e) For purposes of this Code section, the term `settlement' includes an agreement entered into between the manufacturer and the consumer that occurs after the dispute has been submitted to an informal dispute resolution settlement mechanism or has been deemed eligible by the administrator for arbitration before a panel. 10-1-786. (a) As provided in Code Section 10-1-794, the administrator may establish a new motor vehicle arbitration panel or panels to settle disputes between consumers and manufacturers as provided in this article. The panels shall not be affiliated with any manufacturer or new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist in resolving disputes under this article. (b) The administrator may adopt rules under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for the uniform conduct of arbitrations by panels and by informal dispute resolution settlement mechanisms under this article, which rules may include, but not be limited to, the following: (1) Procedures regarding presentation of oral and written testimony, witnesses and evidence relevant to the dispute, cross-examination of witnesses, and representation by counsel. The administrator shall provide by rule for oral hearings, when appropriate, in panel or informal dispute resolution settlement mechanism proceedings. (2) Procedures for production of records and documents requested by a party which the panel finds are reasonably related to the dispute. (3) Procedures for issuance of subpoenas on behalf of the panel by the administrator, which shall be enforced by the superior courts as in Code Section 10-1-398. Page 1026 (4) Procedures regarding written affidavits from employees and agents of a dealer, a manufacturer, any party, or from other potential witnesses, and the consideration of such affidavits by a panel. (5) Records of panel proceedings and hearings shall be open to the public. (c) A consumer shall exhaust any certified informal dispute resolution settlement procedure under Code Section 10-1-793 and the new motor vehicle arbitration panel remedy before filing any superior court action pursuant to Code Section 10-1-788. (d) The administrator may adopt rules under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' to implement this article. Such rules may include uniform standards by which the panel and any informal dispute resolution settlement mechanism under Code Section 10-1-743 shall make determinations under this article, including but not limited to rules which may provide for: (1) Determining that a nonconformity exists; (2) Determining that a reasonable number of attempts to repair a nonconformity have been undertaken; or (3) Determining that a manufacturer has failed to comply with Code Section 10-1-784. 10-1-787. (a) A consumer shall request arbitration under this article by submitting a request in writing to the administrator. Except as otherwise provided in this article, disputes under the lemon law rights period shall be eligible for arbitration. The administrator shall make a reasonable determination of the eligibility of the request for arbitration and may provide necessary information to the consumer regarding the consumer's rights and remedies under this article. The administrator may adopt rules under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' regarding the eligibility of requests for arbitration. The administrator shall assign a dispute he deems eligible to a panel. Page 1027 (b) Manufacturers shall submit to arbitration under this article if the consumer's dispute is deemed eligible for arbitration by the administrator and by the panel. (c) The new motor vehicle arbitration panel may reject for arbitration any dispute that it determines to be frivolous, fraudulent, filed in bad faith, res judicate, or beyond its authority. Any dispute deemed by the panel to be ineligible for arbitration due to insufficient evidence may be reconsidered by the panel upon the submission of other information or documents regarding the dispute that would allegedly qualify for relief under this article. Following a second review, the panel may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for relief under this article. The administrator may adopt rules under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' governing rejection of disputes by a panel. A decision to reject any dispute for arbitration shall be sent by certified mail, return receipt requested, to the consumer and the manufacturer. (d) An arbitration panel shall award the remedies under Code Section 10-1-784 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct the nonconformity. The panel may in its discretion award attorney's fees and technical or expert witness costs to a consumer. (e) It is an affirmative defense to any claim under this article that: (1) the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle to the consumer; or (2) the alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle. (f) The panel's decision shall be sent by certified mail, return receipt requested, to the consumer. The consumer must reject the decision in writing by certified mail, return receipt requested, addressed to the panel within 30 days of receipt of the panel's decision, or he or she shall be deemed to have accepted the panel's decision. The panel shall immediately notify the manufacturer by certified mail, return receipt requested, whether the consumer has accepted, rejected, or has been deemed to have accepted. Page 1028 (g) Upon receipt of the panel's notice, the manufacturer shall have 40 calendar days to comply with the arbitration panel decision or to file a petition of appeal in superior court. At the time the petition of appeal is filed, the manufacturer shall send, by certified mail, a conformed copy of such petition to the administrator. (h) If, at the end of the 40 calendar day period, neither compliance with, nor a petition to appeal the panel's decision has occurred, the administrator may impose a fine of up to $1,000.00 per day until compliance occurs or until a maximum penalty of double the value of the vehicle or $100,000.00, whichever is less, accrues. If the manufacturer can provide clear and convincing evidence either that any delay or failure was beyond its control, or that any delay was acceptable to the consumer, the fine shall not be imposed. If the manufacturer fails to provide such evidence or fails to pay the fine, the administrator may initiate proceedings against the manufacturer for failure to pay any accrued fine and may initiate proceedings on behalf of the state to require specific performance of an arbitration decision under this article. The administrator shall deposit any fines in the state treasury. 10-1-788. (a) After the manufacturer has received notice of the consumer's acceptance or rejection, the consumer or the manufacturer shall have 40 days to request a trial de novo of the arbitration decision in superior court. (b) If the manufacturer appeals, the court may require the manufacturer to post security for the consumer's financial loss due to the passage of time for review. (c) If the manufacturer appeals and the consumer prevails, recovery may include the monetary value of the award, collateral charges, continuing incidental costs, if any, and attorney's fees and costs. 10-1-789. (a) Effective July 1, 1990, a fee of $3.00 shall be collected by the new motor vehicle dealer from the consumer at completion of a sale or a lease of each new motor vehicle. The fee shall be forwarded quarterly to the Office of Planning and Budget for deposit in the new motor vehicle arbitration account created in the state treasury. The first quarterly payments are Page 1029 due and payable on October 1, 1990, and shall be mailed by the dealer not later than October 10; thereafter, all payments are due and payable the first of the month in each quarter and shall be mailed by the dealer not later than the tenth day of such month. Moneys in the account shall be used for the purposes of this article, subject to appropriation. Funds in the new motor vehicle arbitration account shall be transferred to the general treasury at the end of each fiscal year. One dollar of each fee collected shall be retained by the dealer to cover administrative costs. (b) At the end of each fiscal year, the administrator shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter. The Office of Planning and Budget shall provide the administrator with the figures regarding revenue generated. 10-1-790. A violation of this article, or any failure of any person, including a manufacturer or its agents, to honor any express warranty, automotive or otherwise, issued by that person, regardless of whether or not such warranty was purchased as a separate item by the consumer, regardless of whether or not any dispute under the warranty is deemed eligible for arbitration under this article, shall constitute an unfair and deceptive act or practice and a consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10. In determining whether there is an unfair and deceptive act or practice under this Code section, the principles in this article regarding a reasonable number of attempts may serve as guidelines. All public and private remedies provided under Part 2 of Article 15 of Chapter 1 of Title 10 shall be available to enforce this article, subject to the affirmative defenses provided in Code Section 10-1-787, and except as provided in Code Section 10-1-784. 10-1-791. Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this article shall be void as contrary to public policy. Said rights shall extend to a subsequent transferee of a new motor vehicle. Page 1030 10-1-792. Nothing in this article shall limit anyone from pursuing other rights or remedies under any other law, except as otherwise provided in this article. 10-1-793. (a) If a manufacturer has established an informal dispute resolution settlement mechanism in this state and is operating in accordance with rules promulgated by the administrator under this article, and the administrator has certified that the informal dispute resolution settlement procedure complies with and is operating in accordance with such rules, a consumer must submit a dispute under this article to the informal dispute resolution settlement procedure before submitting it to the new motor vehicle arbitration panel. The administrator may adopt rules consistent with this article under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' regarding the informal dispute resolution settlement mechanisms, including but not limited to the composition, function, training, procedures, and conduct of informal dispute resolution settlement mechanisms, and including eligibility requirements and procedures for appeals to a panel. Such rules must be complied with prior to certification. (b) Informal dispute resolution settlement mechanisms shall take into account the principles contained in this article and in any rules promulgated thereunder, and shall take into account all legal and equitable factors germane to a fair and just decision. A decision shall include any remedies appropriate under the circumstances, including repair, replacement, refund, reimbursement for collateral and incidental charges, and compensation for loss of value. For purposes of this Code section, the phrase: `Take into account the principles contained in this article' means to be aware of the provisions of this article, to understand how they might apply to the circumstances of the particular dispute, and to apply them if it is appropriate and fair to both parties to do so. (c) At any time the administrator has reason to believe that a certified informal dispute resolution settlement mechanism is not acting in conformity with this article or with rules promulgated thereunder, he may initiate proceedings under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' to revoke the certification of the informal dispute resolution settlement mechanism. An informal dispute resolution Page 1031 settlement mechanism shall keep such records as prescribed by the administrator in rules under this article, and shall submit without notice to inspection and copying of these records by the administrator's employees. Expenses of any copying shall be borne by the informal dispute resolution settlement mechanism. 10-1-794. The new motor vehicle arbitration panel or panels shall begin operating on January 2, 1991. The administrator in his discretion may establish and operate the panel or panels under any of the following procedures provided that disputes filed during the same time period shall not be handled under different procedures: (1) contracting with private or public entitels to conduct arbitrations under the procedures and standards in this article, (2) appointing private citizens to serve on a panel or panels, or (3) hiring temporary or permanent employees to serve on the panel or panels. Each new motor vehicle arbitration panel shall consist of three members, none of whom may be directly or indirectly involved in the manufacture, distribution, sale, or service of any motor vehicle, or employed by or related to the consumer. All panel members shall have a degree from an American Bar Association Accredited School of Law or shall have at least two years experience in professional arbitration. Any private citizens appointed by the administrator to serve as panel members shall be reimbursed for expenses as are members of the General Assembly and shall be compensated at an hourly rate as determined by the administrator. Temporary or permanent employees hired to serve on the panels shall be in the unclassified service and may serve on a full or part-time basis at a salary determined by the administrator. All administrative staff hired by the administrator to aid in the administration of this article shall be in the unclassified service and compensated at a salary determined by the administrator. Page 1032 Section 2 . This act shall become effective January 1, 1991, except for the provisions of Code Section 10-1-789, which shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this act are repealed. Approved April 10, 1990. USED CAR DEALER REGISTRATION ACTDEFINITION. Code Section 43-47-2 Amended. No. 1246 (House Bill No. 1568). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, so as to change the definition of a used car dealer; to provide for registration of motor vehicle brokers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENREAL 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 subparagraph (A) of 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 subparagraph (A) to read as follows: (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 Page 1033 vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle broker who, for commission or with intent to make a profit or gain of money or other thing of value, negotiates or attempts to negotiate the sale of a motor vehicle on behalf of another shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the display of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing of value, shall be deemed a motor vehicle broker for the purposes of this chapter. 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 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. The term `motor vehicle broker' shall not mean any person engaged in the solicitation, negotiation, or advertising of the sales of used motor vehicles, if the sales of such used motor vehicles are made by used car dealers or financial institutions, and shall not mean any owner of real property who allows the display of used motor vehicles on his or her property, if the sales of such used motor vehicles are made by used car dealers or financial institutions. (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 Page 1034 engaged in the business of selling used motor vehicles solely to other licensed dealers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. ADOPTIONSURRENDER OF PARENTAL RIGHTS. Code Section 19-8-6 Amended. No. 1247 (Senate Bill No. 462). AN ACT To amend Code Section 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption proceedings, so as to change the provisions relating to cases in which the parent has failed to communicate with or provide for the care and support of the child; to provide that such failure must be without justifiable cause; 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 19-8-6 of the Official Code of Georgia Annotated, relating to when the surrender of parental rights is not required in adoption proceedings, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Surrender or termination of parental rights, as provided in Code Section 19-8-3, shall not be required as a prerequisite to the filing of a petition for adoption pursuant to paragraph (4) or (5) of subsection (a) of Code Section 19-8-3 in the case of a parent who has failed significantly, without justifiable cause, for a period of one year or longer immediately prior Page 1035 to the filing of the petition for adoption (1) to communicate or to make a bona fide attempt to communicate with the child, or (2) to provide for the care and support of the child as required by law or judicial decree, where the court is of the opinion that the adoption is for the best interests of the child. Section 2 . (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions filed on or after the effective date of this Act and to all actions pending on such date in which a final order has not been entered. (b) The provisions of this Act shall remain in effect until the effective date of SB 443 adopted during the 1990 session of the General Assembly, at which time the provisions of SB 443 shall supersede the provisions of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. PUBLIC SCHOOLSMULTIYEAR LEASE, PURCHASE, OR LEASE PURCHASE CONTRACTS. Code Section 20-2-504 Amended. Code Section 20-2-506 Enacted. No. 1248 (House Bill No. 1441). AN ACT To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to delete provisions voiding certain contracts; to change provisions relating to contracts for transportation of pupils; to provide for the terms and conditions under which county, independent, and area school systems may enter into multiyear lease, purchase, or lease purchase contracts; to provide for the Page 1036 applicability of certain laws and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking Code Section 20-2-504, which reads as follows: 20-2-504. It shall be unlawful for any board of education to make any contract involving the expenditure of funds in excess of the total appropriation for the current fiscal year, provided that county boards of education shall have authority to contract for the transportation of pupils for a period not to exceed four years. Any indebtedness created, contract made, or order or draft issued in violation of this Code section shall be void., and inserting in its place a new Code section to read as follows: 20-2-504. County, independent, and area school systems shall have authority to contract for the transportation of pupils in accordance with the provisions of Code Section 20-2-506. Section 2 . Said article is further amended by adding at the end thereof, a new Code section to be known as Code Section 20-2-506, to read as follows: 20-2-506. (a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and Page 1037 at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract; (3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed. (b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or (2) Any other provision reasonably necessary to protect the interests of the school system. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (e) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the Page 1038 contract payment to interest, provided that the contract is in compliance with this Code section. (f) When any local board of education on or after July 1, 1990 submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. (g) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions. (h) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. (i) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements. 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 10, 1990. Page 1039 GEORGIA RESIDENTIAL FINANCE AUTHORITY. Code Title 8, Chapter 3, Article 3, Part 1 Amended. No. 1249 (Senate Bill No. 508). AN ACT To amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to expand the purposes and powers of the authority; to change the provisions relating to permitted investments of the authority; to define certain terms; to clarify the provisions relating to the state geographic set-asides; to clarify that the authority may issue bonds subject to federal income taxation; to provide that the authority may create subsidiary nonprofit corporations constituting subsidiary authorities; to establish the purposes of and procedures for creation of such subsidiary authorities; to clarify the purposes for which the authority may make loans to qualified housing sponsors or public bodies; to change the provisions related to issuance of bonds by the authority; to clarify that property acquired by a subsidiary authority shall be accorded the same treatment as that acquired 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 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, is amended by striking the word and at the end of paragraph (10) of subsection (a) of Code Section 8-3-171, relating to legislative findings, and by striking the period at the end of paragraph (11) of subsection (a) of said Code section and inserting in lieu thereof a semicolon and the word and, and by adding at the end of said subsection (a) a new paragraph (12) to read as follows: (12) That, in order to ensure a system of affordable housing and a system of affordable housing finance, it is a valid public purpose to make provision for the acquisition, completion, rehabilitation, management through contract, and disposal of Page 1040 residential properties offered for sale by any agency or corporation of the United States government by the authority or any subsidiary nonprofit corporation created by the authority; provided, however, that no such residential properties shall be acquired by any subsidiary nonprofit corporation of the authority after December 31, 1995. Section 2 . Said part is further amended by striking subsection (b) of Code Section 8-3-171, relating to legislative findings, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to provide or 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, 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 his or her 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 assistance to persons and families so that they may obtain affordable and available public utilities for their residences. Page 1041 Section 3 . Said part is further amended by adding a new paragraph 4.1 to Code Section 8-3-172, relating to definitions, to read as follows: (4.1) `Complete,' `completion,' or `completing' means finishing construction of a project in which at least 10 percent of the total projected final construction costs for every individual housing unit shall have already been incurred, excluding costs of land or site development. This definition shall apply only in connection with paragraph (12) of subsection (a) of Code Section 8-3-171, paragraphs (5), (8), and (15) of Code Section 8-3-176, and paragraph (1) of subsection (a) of Code Section 8-3-180. Section 4 . Said part is further amended by striking paragraph (5) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) To acquire, complete or rehabilitate, hold, manage through contract, and dispose of real and personal property for its corporate purposes. For purposes of the preceding sentence, the term `hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority; Section 5 . Said part is further amended by striking paragraph (14) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (14) to read as follows: (14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: Page 1042 (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located Page 1043 within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, investment agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer or corporate parent of a wholly owned subsidiary that constitutes a government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to regulation by the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market Page 1044 including, but not limited to, collateralized mortgage obligations; owner trusts offering collateralized mortgage obligations; guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity; real estate mortgage investment conduits; mortgage obligations; mortgage pools; and pass-through securities; Section 6 . Said part is further amended by striking paragraph (15) of subsection (a) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows: (15) To acquire or contract to acquire from any person, firm, corporation, municipality, or federal or state agency, by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to complete or rehabilitate, hold, manage through contract, sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same. Nothing in this part shall be deemed to impede the operation and effect of local zoning, building, and housing ordinances; ordinances relating to subdivision control, land development, or fire prevention; or other ordinances having to do with housing or the development thereof. For purposes of the preceding sentence, the term `hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority; Section 7 . Said part is further amended by striking subsection (d) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, and by inserting in lieu thereof a new subsection (d) to read as follows: (d) With respect to the sale of new qualified mortgage bonds, at the time of original issuance of such bonds, at least one-third of the total proceeds available for mortgage loans shall be set aside to finance single-family housing units in the Page 1045 metropolitan statistical areas of this state and one-third of the total proceeds available for mortgage loans shall be set aside to finance single-family housing units outside of the metropolitan statistical areas of this state. The time period for the geographic set-asides shall be as provided in the bond documents but in no event shall such time period for the set-asides be less than four months from the date of issuance of the bonds. For the purpose of this geographic distribution requirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority. No geographic distribution requirement shall apply to refunding bonds or recycled proceeds. Section 8 . Said part is further amended by adding two new subsections to be designated as subsections (g) and (h) at the end of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority, to read as follows: (g) The authority shall have the power to borrow money and to issue 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 taxation, includable in the taxable income of the recipients of such payments or is not otherwise not exempt from the imposition of such taxation on the recipient. (h) (1) The authority may incorporate one or more nonprofit corporations constituting subsidiary authorities and instrumentalities of the authority under this part for the purposes of carrying out any of the powers of the authority including but not limited to acquiring, completing, holding, maintaining, managing through contract, constructing, rehabilitating, leasing, selling, or otherwise disposing of property acquired to promote affordable housing and a system of affordable housing finance with the sole exception of the issuance of bonds. For purposes of the preceding sentence, the term `hold' shall mean for a period of time not to exceed 18 months from the date of acquisition for single-family residential properties and a period of time not to exceed 24 months from the date of acquisition for multifamily Page 1046 properties unless disposal of any such property would create an economic hardship for the Georgia Residential Finance Authority. Any such subsidiary authority shall be a nonprofit corporation and shall be deemed to be a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Membership on the board of directors of the authority and on the board of directors of any such subsidiary authority shall not constitute a conflict of interest. (2) (A) Any such subsidiary authority shall be formed by filing articles of incorporation with the Secretary of State. The chairperson and executive director of the authority shall act as the incorporators of any such subsidiary authority. (B) The articles of incorporation for any such subsidiary authority shall provide, in part, that the sole members and the directors of the subsidiary authority shall be selected and appointed by the authority from the members of the authority. The articles of incorporation may not be filed unless they are approved by a majority of the members of the authority. The articles of incorporation for any such subsidiary authority shall provide that, upon dissolution of any such subsidiary authority, any assets shall revert to the authority or to any successor to the authority, or failing such succession, to the State of Georgia. (C) Amendments to the articles of incorporation of a subsidiary authority may only be filed if approved by the authority. No amendment shall impair the obligation of any contract. Each amendment shall be adopted and executed in the same manner as the original articles of incorporation. At any time, members of the authority may direct any such subsidiary authority to adopt a resolution to dissolve the subsidiary authority and to cease promptly the conduct of affairs except as may be necessary for the winding up of such affairs. (3) Any such subsidiary authority shall adopt, and may from time to time amend, bylaws providing for the Page 1047 regulation of the affairs of the subsidiary authority. Except for the issuance of bonds, any subsidiary authority may exercise any and all powers conferred upon the authority. It may adopt an official seal and alter it at its discretion, maintain offices at places as it designates, sue and be sued in its own name, procure insurance, and generally do all things necessary or convenient to the carrying out of the purposes of its incorporation. (4) Any such subsidiary authority shall be subject to Article 4 of Chapter 18 of Title 50, relating to inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings. (5) The authority shall not be liable for the debts or obligations or for any actions or inactions of a subsidiary authority unless the authority expressly agrees otherwise. (6) The authority may make loans or grants and provide technical assistance to any subsidiary authority formed pursuant to this Code section to enable the subsidiary authority to carry out any of its purposes. (7) The income of any subsidiary authority shall be applied to its public purposes and essential governmental functions or shall be paid to the authority to be applied to its public purposes and essential governmental functions on behalf of the state. Section 9 . Said part is further amended by striking subsections (a) and (b) of Code Section 8-3-177, relating to the loans by the authority, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The authority may make loans to qualified housing sponsors or public bodies or agencies for the financing, acquisition, construction, or rehabilitation of such residential housing in the State of Georgia as in the judgment of the authority has promise of supplying, on a rental, cooperative, or home ownership basis, adequately designed housing for eligible persons and families. Such loans may be for development costs and construction financing and, in the case of qualified housing sponsors and public bodies or agencies, may also be for permanent Page 1048 financing subject to regulation with respect to rents, profits, distributions, and disposition of property in accordance with the rules of the authority. No such loans shall be made unless the authority finds that the construction or rehabilitation will be undertaken in an economical manner and that it will not be of elaborate design or materials. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promulgated and published by the authority. (b) (1) The authority may make loans to qualified housing sponsors for the financing, acquisition, construction, or rehabilitation of housing units for sale or rent to individual purchasers who are eligible persons and families as provided by the authority in its rules and to any such individual purchaser for the long-term financing of a housing unit. The ratio of loan amount to development cost and the amortization period of loans made by the authority under this subsection shall be determined in accordance with rules promulgated and published by the authority. (2) While such loan is outstanding, any sale of any housing unit financed by such loan by the qualified housing sponsor shall be subject to approval by the authority; and the authority shall provide in its rules concerning such sales and resales that the price of the housing unit sold, the method of making payments thereafter, the security afforded, and the interest rate, fees, and charges to be paid shall at all times be sufficient to permit the authority to make the payments on its bonds and notes plus any administrative or other costs of the authority in connection with the transactions. Housing units shall be sold under terms that provide for monthly payments including principal, interest, taxes, and insurance. (3) While such loan is outstanding, the authority shall, prior to the approval of the sale of any such housing unit by the qualified housing sponsor, satisfy itself that such sale is to or for the benefit of eligible persons and families. Page 1049 (4) Upon the sale by the qualified housing sponsor of any housing unit to an individual purchaser under this subsection to whom a loan is being made by the authority, such housing unit shall be released from the mortgage running from the qualified housing sponsor to the authority; and such mortgage may be replaced as to the housing unity by a mortgage running from the individual purchaser to the authority. Section 10 . Said part is further amended by striking paragraph (1) of subsection (a) of Code Section 8-3-180, relating to issuance of bonds by the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including, but not limited to, the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; 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 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; to acquire, complete, rehabilitate, and provide for the operation of residential housing, including providing for management through contract, for eligible persons and families and community facilities appurtenant thereto; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the Page 1050 authority incident to and necessary or convenient to carry out its corporate purposes and powers. Section 11 . Said part is further amended by striking Code Section 8-3-186, relating to exemptions from taxation for property of the Georgia Residential Finance Authority, in its entirety and inserting in lieu thereof a new Code Section 8-3-186 to read as follows: 8-3-186. As the authority or any subsidiary authority created by the authority will be performing essential government functions in the exercise of the powers conferred upon it by this part, this state covenants with the authority and the holders of the authority's bonds and notes that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or by a subsidiary authority created by the authority or under the jurisdiction, control, possession, or supervision of the authority or any subsidiary authority created by the authority, or upon the activities of the authority or any subsidiary authority created by the authority in the operation or maintenance of any facilities maintained or acquired by the authority or any subsidiary authority created by the authority, or upon any fees, rentals, or other charges for the use of such facilities, or upon any other income received by the authority or any subsidiary authority created by the authority, and that the bonds and notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided in this Code section shall not extend to tenants or lessees of the authority or to tenants or lessees of any subsidiary authority created by the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or any subsidiary authority created by the authority or for use by the authority or any subsidiary authority created by the authority. Page 1051 Section 12 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. HEALTH CARE PERSONNEL POLICY ADVISORY COMMISSIONCREATION. Code Title 31, Chapter 36 Enacted. No. 1250 (House Bill No. 1226). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative findings; to provide for the Health Care Personnel Policy Advisory Commission; to provide for qualifications, appointment, terms, allowances, expenses, and removal of members; to provide for vacancies; to provide for the commission's organization, meetings, duties, and powers; to provide for administrative matters and for contracts; to create the Health Care Personnel Overview Committee; to provide for qualifications, appointment, terms, allowances, and expenses of its members; to provide for organization, meetings, duties, and powers; to provide for cooperation with and availability of data for the commission and committee; to provide for confidentiality; 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 to read as follows: Page 1052 CHAPTER 36 31-36-1. The General Assembly finds that, although state-wide planning for health care facilities is being carried out by the state Health Planning Agency pursuant to Chapter 6 of this title, there exists no comparable coordinated planning for the health care personnel who are needed to staff those facilities. Partly as a result of that lack of planning there currently exists in this state a severe shortage, maldistribution, or both, of most categories of health care personnel. The General Assembly further finds that some data already exist regarding the number of such personnel currently licensed, the number of educational programs for training such professionals and the enrollment capacity of those programs, and the number of those personnel who are needed to staff adequately the state's health care facilities. There is, however, no single entity which has access to all of that data and which can, using such data, suggest the measures needed to coordinate the supply with the demand for health care providers into a comprehensive short and long-range health care personnel policy and to take those legislative initiatives to ensure such coordination. As a result, the General Assembly finds that it is necessary to establish the Health Care Personnel Policy Advisory Commission and the Health Care Personnel Overview Committee to accomplish those objectives. 31-36-2. (a) There is created the Health Care Personnel Policy Advisory Commission which shall be composed of 13 members appointed by the Governor as follows: (1) One member from each of the following state departments or agencies: (A) University System of Georgia; (B) Department of Technical and Adult Education; (C) State Department of Education; (D) Georgia Cooperative Extension Service; and Page 1053 (2) One member from each of the following professions or businesses, or who is knowledgeable regarding personnel issues concerning such profession or business; (A) Registered professional nursing; (B) Licensed practical nurising; (C) Optometry; (D) Practice of medicine; (E) Practice of an allied health profession other than one specified in subparagraphs (A) through (D) of this paragraph; (F) Hospital administration; (G) Nursing home administration; (H) Business enterprise other than health care related; and (I) Home health care. (b) The first members of the commission shall be appointed no later than July 1, 1990, with six of them serving for an initial term ending June 30, 1992, and seven of them serving for an initial term ending June 30, 1994, which term shall be specified in their appointment by the Governor. Thereafter the members shall be appointed for terms of four years each. Members shall serve for the terms to which they are appointed and until their respective successors are appointed and qualified. Vacancies on the commission shall be filled by the Governor's appointment of a successor meeting the qualifications for the vacated position to serve out the unexpired term. The Governor, after notice and opportunity for a hearing, may remove any member for neglect of duty, misconduct, or incompetence. (c) The Governor shall call the first meeting of the commission at which the members of the commission shall elect from their number a chairman and vice chairman. Such officers Page 1054 shall serve for terms of two years each, unless they sooner vacate their position on the commission, and until their successors are elected by the commission. The commission is authorized to meet within the state upon the call of its chairman and shall otherwise provide for its own organization, procedures, and rules. (d) Members of the commission who are not employees of the state or the University System of Georgia shall receive for each day they meet with the commission the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly. The funds necessary for such allowances and expenses shall come from funds appropriated or otherwise available to the State Health Planning Agency for such commission purposes. (e) Members of the commission who are employees of the state or University System of Georgia shall receive no additional compensation for their services on the commission but shall be reimbursed for expenses incurred by them in the performance of their duties as such members in the manner provided by law for reimbursing expenses incurred by state employees in performing their state duties. The funds necessary for the reimbursement of the expenses of any employee of the state shall come from funds appropriated or otherwise available to the respective department of that employee. (f) The commission shall coordinate the collection and analysis of comprehensive date regarding health care personnel supply and demand and health care trends and use that data to formulate a comprehensive and coordinated plan to achieve and maintain a balance between the supply and demand of such personnel considering the geographic areas where they are most needed. The first such plan shall be submitted to the Health Care Personnel Overview Committee created under this chapter no later than April 1, 1991, and this plan shall be revised, updated, and resubmitted to that committee by April 1 of each odd-numbered year thereafter. (g) The commission shall be provided with staff members, office facilities, supplies, and other necessary items by the State Health Planning Agency to the extent there are sufficient appropriations to the agency to fund such items for the commission. Page 1055 The State Health Planning Agency is authorized to carry out data gathering and processing functions required by the commission and, on behalf of the commission, is authorized to contract with any department or agency of the state to carry out data gathering and processing functions required by the commission, but only to the extent there are sufficient appropriations to the State Health Planning Agency for such purposes. 31-36-3. (a) There is created the Health Care Personnel Overview Committee. The committee shall consist of four members of the House of Representatives, appointed by the Speaker thereof, and four members of the Senate, appointed by the President thereof. Of the House members so appointed, one shall be a member of the House Appropriations Committee, one a member of the House Education Committee, one a member of the House Health and Ecology Committee, and one a member of the House University System of Georgia Committee. Of the Senate members so appointed, one shall be a member of the Senate Appropriations Committee, one a member of the Senate Education Committee, one a member of the Senate Higher Education Committee, and one a member of the Senate Human Resources Committee. The members shall serve for terms as members of the Health Care Personnel Overview Committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed no later than July 1, 1990. Thereafter, their successors shall be appointed during the first 30 days of each regular session which is held immediately following the election of members of the General Assembly. (b) The member of the committee who is appointed as the member of the House Appropriations Committee shall call the first organizational meeting of the committee in 1990, and in each odd-numbered year thereafter and be the acting chairman of that committee until it elects from its membership a chairman at that meeting. The committee shall also elect from its membership a vice chairman at that meeting. The members so elected as chairman and vice chairman shall serve for terms as such officers concurrent with their terms as members of the committee. The committee shall meet upon the call of the chairman and shall otherwise provide for its own organization, procedures, and rules. Page 1056 (c) Vacancies in a member's position or in the offices of chairman or vice chairman shall be filled for the unexpired term in the same manner in which that position or office was originally filled but shall be so filled within 90 days after the vacancy occurs. (d) The members of the committee shall receive the same daily expense allowance and travel or mileage allowance for their services on the committee as are authorized by law for members of interim legislative study committees. Funds necessary for such allowances shall come from funds appropriated or otherwise available to the legislative branch of government. (e) The committee shall review the recommendations and plans of the Health Care Personnel Policy Advisory Commission and make a biennial report of its own recommendations to the Governor and the General Assembly. (f) State departments and agencies and the Board of Regents of the University System of Georgia shall cooperate with the committee and the commission and, at the request of either, make available to them existing data related to health care personnel supply and demand and which are in the possession of those departments, agencies, or boards, subject to all existing limitations regarding the confidentiality of information. Section 2 . For purposes of making any appointments to the commission or committee pursuant to this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without that approval. For all other purposes, this Act shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1057 INSURANCEOPTIONAL COVERAGE FOR MAMMOGRAMS AND PAP SMEARS. Code Sections 33-29-3.2 and 33-30-4.2 Enacted. No. 1251 (House Bill No. 1427). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to make available optional individual and group accident and sickness insurance coverage of mammograms and Pap smears; to provide for definitions; to prohibit certain limitations upon coverage; to authorize greater or more favorable benefits; to provide for applicability to certain societies, corporations, plans, organizations, and entities; 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 after Code Section 33-29-3.1 a new Code section to read as follows: 33-29-3.2. (a) As used in this Code section, the term: (1) `Mammogram' means any radiological examination of the breast for purposes of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency: (A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age; (B) Once every two years for any female who is at least 40 but less than 50 years of age; (C) Once every year for any female who is at least 50 years of age; and Page 1058 (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) `Pap smear' or `Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) `Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (b) Every insurer authorized to issue an individual accident and sickness insurance policy in this state which includes coverage for any female shall be required to offer, either as part of or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The coverage required to be offered under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of individual accident and sickness insurance policies which provide benefits greater than those required to be offered by subsections (b) and (c) of this Code section or more favorable to the insured than those required to be offered by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care Page 1059 plan, a health maintenance organization, or any similar entity. Section 2 . Said title is further amended by adding after Code Section 33-30-4.1 a new Code section to read as follows: 33-30-4.2. (a) As used in this Code section, the term: (1) `Mammogram' means any radiological examination of the breast for purposes of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Department of Human Resources, which examination may be made with the following minimum frequency: (A) Once as a base-line mammogram for any female who is at least 35 but less than 40 years of age; (B) Once every two years for any female who is at least 40 but less than 50 years of age; (C) Once every year for any female who is at least 50 years of age; and (D) When recommended by a physician for a female, without regard to age, where needed for diagnostic purposes or when she, her mother, or her sister has had a prior history of breast cancer. (2) `Pap smear' or `Papanicolaou smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation of a physician, which examination may be made once a year or more often if recommended by a physician. (3) `Policy' means any benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy. (b) Every insurer authorized to issue a group accident and sickness insurance policy in this state which includes coverage Page 1060 for any female shall be required to offer, either as a part of the policy or as an optional endorsement to each such policy which is issued, delivered, issued for delivery, or renewed on or after July 1, 1990, coverage for mammograms and Pap smears for the covered females. (c) The coverage required to be offered under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance policy. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness insurance policies which provide benefits greater than those required to be offered by subsections (b) and (c) of this Code section or more favorable to the insured than those required to be offered by subsections (b) and (c) of this Code section. (e) The provisions of this Code section shall apply to group accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any similar entity. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1061 FORMER PRISONERS OF WAR RECOGNITION DAY. Code Section 1-4-8 Enacted. No. 1252 (Senate Bill No. 663). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 9 of each year as Former Prisoners of War Recognition Day in Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, many thousands of Americans who served their country in time of war were captured by the enemy; and WHEREAS, many American prisoners of war were subjected to brutal and inhumane treatment by their enemy captors in violation of the international codes and customs, and many of these prisoners died from this treatment; and WHEREAS, on April 9, 1942, allied forces in Bataan Province, Luzon, the Philippines, which were under the command of a Georgian, Major General Edward P. King, were forced to surrender to the overwhelming Japanese forces; and WHEREAS, at the hands of their Japanese captors, the prisoners were subjected to the infamous Bataan Death March and to other unbelievably inhumane and brutal treatment that killed thousands of Americans before they could be liberated; and WHEREAS, during World War I 4,120 American servicemen were prisoners of war and 130,201 American prisoners of war were reported during World War II; and WHEREAS, during the Korean conflict 7,140 American servicemen were prisoners of war and 766 American prisoners of war were reported during the Vietnam conflict; and WHEREAS, it is important to recognize the bold sacrifices made by American prisoners of war. Page 1062 NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code Section 1-4-8 at the end thereof to read as follows: 1-4-8. The day of April 9 of each year is designated as `Former Prisoners of War Recognition Day' in Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. GEORGIA MUSIC HALL OF FAME AUTHORITY ACT. Code Sections 12-3-520 through 12-3-534 Enacted. No. 1253 (Senate Bill No. 717). AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority; to provide for a short title; to provide for definitions; to provide for the creation, composition, membership confirmation, terms of office, vacancies, officers, and expenses of the authority; to provide for perpetual existence; to provide for the powers and duties of the authority and the members thereof; to provide for the assignment of the authority to the Department of Community Affairs for administrative purposes only; to provide for the purposes of the authority; to provide for contracts; to provide for acquisition, management, control, and disposition of property; to provide for officers, agents, and employees; to provide for loans and grants; to provide for bylaws, rules, and regulations; to provide for fixing, altering, charging, and collecting of fares, rents, rates, and other charges and fees; to provide Page 1063 for contracts with the Georgia State Financing and Investment Commission and other authorities, departments, and agencies of the State of Georgia; to provide for advisory committees and panels; to provide for site selection; to provide for the sale of alcoholic beverages; to provide for tax exemptions; to provide for the exercise of police powers and the delegation thereof; to provide for a security force and the powers and duties thereof; to provide for trust funds; to provide for use of earnings; to provide for the duties of the Attorney General; to provide for actions and venue and for jurisdiction of such actions; to provide for accounts and audits; to prohibit conflicts of interest; to provide for voiding of certain contracts and transactions; to provide for the issuance of revenue bonds and the practices, procedures, and requirements connected therewith; to provide for the proceeds of such bonds; to provide for trust indentures; to provide for the rights and remedies of bondholders and trustees; to provide for expenses; to provide for sinking funds; to provide for refunding bonds; to provide for the validation and confirmation of bonds; to provide for review and approval of the issuance of bonds of the authority by the Georgia State Financing and Investment Commission; to provide for the status of bonds as legal investments for fiduciaries and as securities for deposit; to provide for the powers and duties of the Department of Community Affairs; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end thereof a new Part 10 to read as follows: Part 10 12-3-520. This part shall be known and may be cited as the `Georgia Music Hall of Fame Authority Act.' 12-3-521. As used in this part, the term: (1) `Authority' means the Georgia Music Hall of Fame Authority. Page 1064 (2) `Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of such bonds or obligations as may be issued by any authority, department, commission, or agency of the State of Georgia. (3) `Project' means and includes one or a combination of two or more of the following: buildings, facilities, and all structures; electric, gas, steam, water, and sewerage utilities; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes. 12-3-522. (a) There is created a body corporate and politic to be known as the Georgia Music Hall of Fame 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, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state. (b) The authority shall consist of nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and confirmed by the Senate and shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be Page 1065 representative of all of the geographic areas of the state. Such members also shall represent the state's music industry. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. (c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (d) The members of the authority shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7. (e) 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 part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor. (g) The authority is assigned to the Department of Community Affairs for administrative purposes only. 12-3-523. The corporate purpose and general nature of the business of the authority shall be: Page 1066 (1) Constructing and maintaining a facility to house the Georgia Music Hall of Fame; (2) Operating, advertising, and promoting the Georgia Music Hall of Fame; and (3) Promoting music events at the facility and throughout the state. 12-3-524. The authority is authorized: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; (4) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from its income, from Page 1067 the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal corporation, authority, or local government or governing body; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (8) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (9) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof in any manner within the purposes or powers of the authority; (10) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business; (11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; (12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as Page 1068 appropriations by authority of the General Assembly for any of the purposes of this authority; (13) To do all things necessary or convenient to carry out the powers and purposes of the authority; (14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority or exchange the same for other property or rights which are useful for the purposes of the authority; (15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority; (16) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; (17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of revenue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; Page 1069 (19) To appoint special advisory committees and panels of citizens to advise the authority of certain issues and to reimburse the individuals appointed for actual expenses incurred in performing their tasks; (20) To select a site for the building of a state music hall of fame; and (21) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and controlled by the authority. 12-3-525. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this part. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the 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; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. 12-3-526. The authority is authorized to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, use, and personal conduct restrictions upon the properties, facilities, and persons under its jurisdiction to the extent that such is lawful under the laws of the United States and this state. The authority may delegate all or any part of the performance of these functions temporarily or permanently to the state or to the county in which its facilities are located. 12-3-527. The authority is authorized to contract for or to provide for and maintain a security force with respect to the facilities and property owned, leased, operated, or under the control of the authority and within the territory thereof. The Page 1070 security force shall have the duty to protect persons and property, disperse unlawful or dangerous assemblages, control pedestrian and vehicular traffic, and otherwise preserve and protect the public peace, health, and safety. For these purposes, a member of such force shall be a peace officer and, as such, shall have authority equivalent to the authority of a policeman or law enforcement officer of the county in which he is discharging his duties. 12-3-528. All moneys received pursuant to the authority of this part, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part. 12-3-529. The authority is authorized to fix rentals and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost 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 the project. 12-3-530. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 12-3-531. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Fulton County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Nothing contained in this part shall be construed to impair any rights afforded the state under the Constitution of the United States. Page 1071 12-3-532. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 16-10-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority. 12-3-533. (a) The authority or any authority or body which may succeed to the powers, duties, and liabilities vested in the authority is authorized at one time, or from time to time, to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in subsection (n) of this Code section for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by Page 1072 the authority in the resolution providing for the issuance of the bonds. (b) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. (c) In case any officer whose signature appears on any bonds or whose facsimile signature appears on any coupon ceases to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman or vice chairman of the authority, and the official seal of the authority shall be affixed thereto and attested by the secretary or assistant secretary of the authority; and any coupons attached thereto shall bear the signature or facsimile signature of the chairman or vice chairman of the authority. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. (d) All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments. Such bonds and the income therefrom shall be exempt from all taxation within the state. (e) The authority may sell bonds in such manner and for such price as it may determine to be for the best interests of the authority. (f) The proceeds of bonds shall be used solely for the payment of the cost of the project and shall be disbursed upon requisition or order of the chairman or vice chairman of the Page 1073 authority under such restrictions, if any, as provided by the resolution authorizing the issuance of the bonds or by the trust indenture mentioned in subsection (k) of this Code section. (g) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. (h) The authority may provide for the replacement of any bond which becomes mutilated or is destroyed or lost. (i) Revenue bonds may be issued without the conducting of any proceedings, the existence of any conditions, or the happening of any events other than those proceedings, conditions, and events which are specified or required by this part. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution providing for the issuance of revenue bonds under this part shall become effective immediately upon its passage and need not be published or posted. Any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members. (j) Revenue bonds issued under this part shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the state. Such bonds shall be payable solely from the fund provided for in subsections (m) through (p) of this Code section, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Code section. Anything in this Code section to the contrary notwithstanding, such funds as may be received from state appropriations or from any other source are declared to be available and may be used by any department, board, commission, or agency of the State of Georgia for the performance of any lease contract entered into by Page 1074 such department, board, commission, or agency with the authority. (k) (1) 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 inside or outside of the state. Such trust indenture may pledge or assign rents, revenues, and earnings to be received by the authority. (2) Either the resolution providing for the issuance of revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys. The resolution or indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor. The resolution or indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. (3) 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 bonds and debentures of corporations. In addition to the foregoing provisions of this Code section, the trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. (4) It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such Page 1075 depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. (5) All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project and of the cost of the project affected by such indenture. (l) The authority shall, in the resolution providing for 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, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes expressed in this part, subject to such regulations as this part and such resolution or trust indenture may provide. (m) Unless otherwise pledged and allocated, any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the trust indenture or the resolution authorizing the issuance of the bonds may provide. (n) Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. Page 1076 (o) The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. (p) Subject to the provisions of the resolution authorizing the issuance of the bonds or to the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. (q) Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right which the authority may possess and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state. Page 1077 (r) The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof; the rights of the holders thereof; and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. (s) While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority, or of its officers, employees, or agents, or of any department, board, commission, or agency of the state shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. This part shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under this part, shall constitute a contract with the holders of such bonds. (t) Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action any authority, division, subdivision, instrumentality, or agency of the State of Georgia which, or any person who, has contracted with the Georgia Music Hall of Fame Authority for the use of any building, structure, or facilities for which bonds have been issued and sought to be validated. Such authority, division, subdivision, instrumentality, agency, or person shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same and against any authority, division, subdivision, instrumentality, department, agency, or person contracting with the authority. (u) No bonds shall be issued by the authority under this part unless the issuance of such bonds has been reviewed and Page 1078 approved by the Georgia State Financing and Investment Commission. (v) The bonds authorized by this part are made securities in which all public officers and bodies of this state; all municipalities and all municipal subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. 12-3-534. The Department of Community Affairs is authorized to construct, erect, acquire, and own the project, as defined in this part. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project. Section 2 . This Act shall become effective on January 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1079 GEORGIA MUSIC HALL OF FAME AUTHORITY OVERVIEW COMMITTEE. Code Sections 12-3-550 through 12-3-554 Enacted. No. 1254 (Senate Bill No. 718). AN ACT To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Music Hall of Fame Authority Overview Committee as a joint committee of the General Assembly; to provide for the membership, terms, officers, vacancies, powers, and duties of the committee; to provide for reviews and reports; to provide that the state auditor, the Attorney General, and all other agencies of state government shall assist the committee; to provide for the employment of personnel; to provide for powers and duties of the Georgia Music Hall of Fame Authority, state officials, and state agencies; to provide for actions; to provide for funds; to provide for compensation, per diem, expenses, and allowances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by adding at the end of such article a new Part 11 to read as follows: Part 11 12-3-550. There is created as a joint committee of the General Assembly the Georgia Music Hall of Fame Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership Page 1080 of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Music Hall of Fame Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this part. 12-3-551. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. 12-3-552. The Georgia Music Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Music Hall of Fame Authority, as set forth in this part. 12-3-553. In the discharge of its duties, the committee shall evaluate the performance of the Georgia Music Hall of Fame Authority consistent with the following criteria: Page 1081 (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 12-3-554. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. DRUG-FREE WORKPLACE ACT. Code Sections 50-24-1 through 50-24-6 Enacted. No. 1255 (House Bill No.9). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a new Chapter 24; to provide that persons contracting with a state agency Page 1082 shall provide a drug-free workplace for employees; to provide for a short title; to provide for definitions; to provide requirements that must be met by any contractor and subcontractor to provide a drug-free workplace for employees as a condition of contracting with state agencies; to provide for sanctions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 24 to read as follows: CHAPTER 24 50-24-1. This chapter shall be known and may be cited as the `Drug-free Workplace Act.' 50-24-2. As used in this chapter, the term: (1) `Contractor' means: (A) Any person engaged in the business of constructing, altering, repairing, dismantling, or demolishing buildings; roads; bridges; viaducts; sewers; water and gas mains; streets; disposal plants; airports; dams; water filters, tanks, towers, and wells; pipelines; and every other type of structure, project, development, or improvement coming within the definition of real or personal property, including, but not limited to, constructing, altering, or repairing property to be held either for sale or rental when the contract involves an expenditure by a state agency of at least $25,000.00; or (B) Any person supplying goods, materials, services, or supplies pursuant to a contract or lease on behalf of a state agency as described in Code Section 50-5-64 when the contract involves an expenditure by the state agency of at least $25,000.00. Page 1083 (2) `Controlled substance' means a controlled substance as defined in Article 2 of Chapter 13 of Title 16. (3) `Conviction' means a plea of guilty or a finding of guilt, including a plea of nolo contendere and regardless of treatment as a first offender under Article 3 of Chapter 8 of Title 42, or imposition of a sentence, or both, by any judicial body charged with a responsibility to determine violations of the federal or state criminal drug statutes. (4) `Criminal drug statute' means any criminal statute involving the manufacture, sale, distribution, dispensation, use, or possession of any controlled substance or marijuana. (5) `Drug-free workplace' means a site for the performance of work done in connection with a specific contract referred to in paragraph (1) of this Code section with a person, the employees of which person are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana in accordance with the requirements of this chapter. (6) `Employee' means the employee of a contractor directly engaged in the performance of work pursuant to the provisions of the contract referred to in paragraph (1) of this Code section. (7) `Individual' means a contractor that has no more than one employee, including the contractor. (8) `Marijuana' means the substance as defined in paragraph (16) of Code Section 16-13-21. (9) `Person' means a corporation, a partnership, a business trust, an association, a firm, or any other legal entity except an individual. (10) `Principal representative' means the governing board or the executive head of a state agency who is authorized to enter into a contract with a contractor on behalf of the state agency. Page 1084 (11) `State agency' means any department, division, board, bureau, commission, or other agency of the state government or any state authority. (12) `Subcontractor' means a person hired by a contractor on an independent basis rather than as an employee and who performs work for the contractor under a contract as provided under subparagraph (A) of paragraph (1) of this Code section. 50-24-3. (a) The principal representative of a state agency shall not enter into a contract with any contractor, other than an individual, unless the contractor certifies to the principal representative that: (1) A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and (2) Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: `As part of the subcontracting agreement with (contractor's name) , (subcontractor's name) certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of Code Section 50-24-3.' (b) A contractor may satisfy the requirement for providing a drug-free workplace for employees by: (1) Publishing a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a drug-free awareness program to inform employees about: (A) The dangers of drug abuse in the workplace; Page 1085 (B) The contractor's policy of maintaining a drug-free workplace; (C) Any available drug counseling, rehabilitation, and employee assistance program; and (D) The penalties that may be imposed upon employees for drug abuse violations; (3) Providing each employee with a copy of the statement provided for in paragraph (1) of this subsection; (4) Notifying each employee in the statement provided for in paragraph (1) of this subsection that as a condition of employment, the employee shall: (A) Abide by the terms of the statement; and (B) Notify the contractor of any criminal drug statute conviction for a violation occurring in the workplace within five days of the conviction; (5) Notifying the contracting principal representative within ten days after receiving from an employee or a subcontractor a notice of conviction as provided under subparagraph (B) of paragraph (4) of this subsection or after otherwise receiving actual notice of such a conviction; (6) Making a good faith effort on a continuing basis to provide a drug-free workplace for employees; and (7) Requiring that such contractor include in any agreement or contract with a subcontractor a provision that such subcontractor will provide a drug-free workplace for his employees by complying with the provisions of paragraphs (1), (2), (3), (4), and (6) of this subsection and by notifying the contractor of any criminal drug statute conviction for a violation occurring in the workplace involving the subcontractor or its employees within five days of receiving notice of the conviction. The contractor will notify the contracting principal representative pursuant to paragraph (5) of this subsection. Page 1086 50-24-4. The principal representative of a state agency shall not enter into a contract with an individual or a person as a contractor unless the contract includes a certification by the individual or person that the individual or person will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. 50-24-5. The principal representative of a state agency may suspend, terminate, or debar the contractor if the state agency determines that: (1) The contractor or individual has made false certification under subsection (a) of Code Section 50-24-3; or (2) The contractor has violated such certification by failing to carry out the requirements of Code Section 50-24-3. 50-24-6. This chapter establishes minimum standards for contractors and in no way limits or restrains contractors from implementing additional procedures and policies having the objectives of achieving and maintaining a drug-free work-place. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1087 WORKERS' COMPENSATIONOUT-OF-STATE MAIL ORDER PHARMACIES. Code Section 34-9-124.1 Enacted. No. 1256 (House Bill No. 686). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide restrictions upon requirements imposed by workers' compensation insurance, self-insurance, and group self-insurance, relating to obtaining pharmacy services from out-of-state mail order pharmacies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding after Code Section 34-9-124 a new Code section to read as follows: 34-9-124.1. (a) A policy, plan, or contract of workers' compensation insurance issued under this chapter may not be issued, delivered, issued for delivery, or renewed on or after July 1, 1990, and a certificate of authority for a group self-insurance fund under Article 5 of this chapter may not be issued or renewed on or after July 1, 1990, if such policy, plan, contract, or fund requires that recipients of benefits thereunder obtain pharmacy services, including but not limited to prescription drugs, from an out-of-state mail order pharmacy or which requires that such recipients who do not utilize an out-of-state mail order pharmacy must pay a copayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services. (b) An employer who provides workers' compensation benefits as a self-insurer under this chapter may not require that any recipient of benefits under that self-insurance plan Page 1088 who becomes an employee of that employer on or after July 1, 1990, and who obtains pharmacy services under that plan, including but not limited to prescription drugs, must obtain those services from an out-of-state mail order pharmacy or must pay a compayment fee or have imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those recipients who utilize an out-of-state mail order pharmacy for those services. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. INSURANCEHEALTH BENEFIT PLANS; CERTIFICATION OF PRIVATE REVIEW AGENTS. Code Title 33, Chapter 45 Enacted. No. 1257 (House Bill No. 1813). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for legislative recognition and policies; to provide for definitions; to require the certification of private review agents who review the appropriateness or cost of health care services provided to citizens of this state; to establish requirements for certification; to provide for applications, fees, and submissions; to provide for certificate expiration, renewal, denial, and revocation and administrative and judicial proceedings relating thereto; to provide for the applicability of Chapter 39 of Title 33 to private review agents; to provide for listings of certificate holders; to provide for reports and reporting; to provide for rules and regulations; to provide for exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 1089 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 to read as follows: CHAPTER 45 33-45-1. (a) The purpose of this chapter is to promote the delivery of quality health care in Georgia. Furthermore, it is to foster the delivery of such care in a cost-effective manner through greater coordination between health care providers, claims administrators, payors, employers, patients, and private review agents; to improve communication and knowledge of health care benefits among all parties; to protect patients, claims administrators, payors, private review agents, employers, and health care providers by ensuring that utilization review activities are based upon accepted standards of treatment and patient care; to ensure that such treatment is accessible and done in a timely and effective manner; and to ensure that private review agents maintain confidentiality of information obtained in the course of utilization review. (b) In order to carry out the intent and purposes of this chapter, it is declared to be the policy of this chapter to protect Georgia residents by imposing minimum standards on private review agents who engage in utilization review with respect to health care services provided in Georgia, such standards to include regulations concerning certification of private review agents, disclosure of utilization review standards and appeal procedures, minimum qualifications for utilization review personnel, minimum standards governing accessibility of utilization review and such other standards, requirements, and rules or regulations promulgated by the Commissioner which are not inconsistent with the foregoing. Notwithstanding the foregoing, it is neither the policy nor the intent of the General Assembly to regulate the terms of self-insured employee welfare benefit plans as defined in Section 31(I) of the Employee Retirement Income Security Act of 1974, as amended, and therefore any regulations promulgated pursuant to this chapter shall relate only to persons subject to this chapter. Page 1090 33-45-2. As used in this chapter, the term: (1) `Certificate' means a certificate of registration granted by the Commissioner to a private review agent. (2) `Claim administrator' means any entity that reviews and determines whether to pay claims to enrollees of health care providers on behalf of the health benefit plan. Such payment determinations are made on the basis of contract provisions including medical necessity and other factors. Claim administrators may be payors or their designated review organization, self-insured employers, management firms, third-party administrators, or other private contractors. (3) `Commissioner' means the Commissioner of Insurance. (4) `Enrollee' means the individual who has elected to contract for or participate in a health benefit plan for himself or himself and his eligible dependents. (5) `Health benefit plan' means a plan of benefits that defines the coverage provisions for health care for enrollees offered or provided by any organization, public or private. (6) `Health care advisor' means a health care provider licensed in a state representing the claim administrator or private review agent who provides advice on issues of medical necessity or other patient care issues. (7) `Health care provider' means any person, corporation, facility, or institution licensed by this state or any other state to provide or otherwise lawfully providing health care services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other health care facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational therapist, professional counselor, pharmacist, chiropractor, marriage and family therapist, or social worker. (8) `Payor' means any insurer, as defined in this title, or any preferred provider organization, health maintenance Page 1091 organization, self-insurance plan, or other person or entity which provides, offers to provide, or administers hospital, outpatient, medical, or other health care benefits to persons treated by a health care provider in this state pursuant to any policy, plan, or contract of accident and sickness insurance as defined in Code Section 33-7-2. (9) `Private review agent' means any person or entity which performs utilization review for: (A) An employer with employees who are treated by a health care provider in this state; (B) A payor; or (C) A claim administrator. (10) `Reasonable target review period' means the assignment of a proposed number of days for review for the proposed health care services based upon reasonable length of stay standards such as the Professional Activities Study of the Commission on the Professional and Hospital Activities or other Georgia state-specific length of stay data. (11) `Utilization review' means a system for reviewing the appropriate and efficient allocation or charges of hospital, outpatient, medical, or other health care services given or proposed to be given to a patient or group of patients for the purpose of advising the claim administrator who determines whether such services or the charges therefor should be covered, provided, or reimbursed by a payor according to the benefits plan. Utilization review shall not include the review or adjustment of claims or the payment of benefits arising under liability, workers' compensation, or malpractice insurance policies as defined in Code Section 33-7-3. (12) `Utilization review plan' means a reasonable description of the standards, criteria, policies, procedures, reasonable target review periods, and reconsideration and appeal mechanisms governing utilization review activities performed by a private review agent. Page 1092 33-45-3. (a) A private review agent may not conduct utilization review of health care provided in this state unless the Commissioner has granted the private review agent a certificate pursuant to this chapter. No individual conducting utilization review shall require certification if such utilization review is performed within the scope of such person's employment with an entity already certified pursuant to this Code section. (b) The Commissioner shall issue a certificate to an applicant that has met all the requirements of this chapter and all applicable regulations of the Commissioner. (c) A certificate issued under this chapter is not transferable without the prior approval of the Commissioner. 33-45-4. As a condition of certification or renewal thereof, a private review agent shall be required to maintain compliance with the following: (1) The medical protocols including reconsideration and appeal processes as well as other relevant medical issues used in the private review program shall be established with input from health care providers who are from a major area of specialty and certified by the boards of the American medical specialties selected by a private review agency and shall be made available upon request of health care providers; or protocols, including reconsideration and appeal processes as well as other relevant health care issues used in the private review program, shall be established based on input from persons who are licensed in the appropriate health care provider's specialty recognized by a licensure agency of such a health care provider; (2) All preadmission review programs shall provide for immediate hospitalization of any patient for whom the treating health care provider determines the admission to be of an emergency nature, so long as medical necessity is subsequently documented; (3) In the absence of any contractual agreement between the health care provider and the payor, the responsibility for obtaining precertification as well as concurrent Page 1093 review required by the payor shall be the responsibility of the enrollee; (4) In cases where a private review agent is responsible for utilization review for a payor or claim administrator, the utilization review agent should respond promptly and efficiently to all requests including concurrent review in a timely method and a method for an expedited authorization process shall be available in the interest of efficient patient care; (5) In any instances where the utilization review agent is questioning the medical necessity or appropriateness of care, the attending health care provider shall be able to discuss the plan of treatment with an identified health care provider trained in a related specialty and no adverse determination shall be made by the utilization review agent until an effort has been made to discuss the patient's care with the patient's attending provider during normal working hours. In the event of an adverse determination, notice to the provider and patient will specify the reasons for the review determination; (6) To the extent that utilization review programs are administered according to recognized standards and procedures, efficiently with minimal disruption to the provision of medical care, additional payment to providers should not be necessary; (7) A private review agent shall assign a reasonable target review period for each admission promptly upon notification by the health care provider. Once a target length of stay has been agreed upon with the health care provider, the utilization review agent will not attempt to contact the health care provider or patient for further information until the end of that target review period except for discharge planning purposes or in response to a contact by a patient or health care provider. The provider or the health care facility will be responsible for alerting the utilization review agent in the event of a change in proposed treatment. At the end of the target period, the private review agent will review the care for a continued stay; Page 1094 (8) A private review agent shall not enter into any incentive payment provision contained in a contract or agreement with a payor which is based on reduction of services or the charges thereof, reduction of length of stay, or utilization of alternative treatment settings; and (9) Any health care provider may designate one or more individuals to be contacted by the private review agent for information or data. In the event of any such designation, the private review agent shall not contact other employees or personnel of the health care provider except with prior consent to the health care provider. An alternate will be available during normal business hours if the designated individual is absent or unavailable. 33-45-5. (a) An applicant for a certificate shall submit an application on a form prescribed by the Commissioner and pay an application fee of $25.00 and a certificate fee of $400.00. The application shall be signed and verified by the applicant. (b) In conjunction with the application, the private review agent shall submit such information that the Commissioner requires, including but not limited to: (1) A utilization review plan; (2) The type and qualifications of the personnel either employed or under contract to perform the utilization review; and (3) A copy of the materials designed to inform applicable patients and health care providers of the requirements of the utilization review plan. The information provided must demonstrate to the satisfaction of the Commissioner that the private review agent will comply with the requirements of this chapter. 33-45-6. (a) A certificate shall expire on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this Code section. Page 1095 (b) Before the certificate expires but no sooner than 90 days prior to such expiration, a certificate may be renewed for an additional two-year term if the applicant: (1) Otherwise is entitled to the certificate; (2) Pays to the Commissioner the renewal fee in the amount of $400.00; (3) Submits to the Commissioner: (A) A renewal application on the form that the Commissioner requires; and (B) Satisfactory evidence of compliance with any requirements established by the Commissioner for certificate renewal; and (4) (A) Establishes and maintains a complaint system which has been approved by the Commissioner and which provides reasonable procedures for the resolution of written complaints initiated by enrollees or health care providers concerning utilization review; (B) Maintains records of such written complaints for five years from the time the complaints are filed and submits to the Commissioner a summary report at such times and in such format as the Commissioner may require; and (C) Permits the Commissioner to examine the complaints at any time. 33-45-7. Private review agents shall be subject to the jurisdiction of the Commissioner in all matters regulated by this chapter and the Commissioner shall have such powers and authority with regard to private review agents as provided in Code Sections 33-2-9 through 33-2-28 with regard to insurers. 33-45-8. Private review agents shall be subject to the provisions of Chapter 39 of this title. Page 1096 33-45-9. The Commissioner shall periodically, not less than once a year, provide a list of private review agents issued certificates and the renewal date for those certificates to all hospitals and to any other individual or organization requesting such list. 33-45-10. The Commissioner shall establish such reporting requirements upon private review agents as are necessary to determine if the utilization review programs are in compliance with the provisions of this chapter and applicable rules and regulations. 33-45-11. The Commissioner shall adopt rules and regulations to implement the provisions of this chapter. 33-45-12. No certificate is required for utilization review by any Georgia licensed pharmacist or pharmacy while engaged in the practice of pharmacy, including but not limited to review of the dispensing of drugs, participation in drug utilization review, and monitoring patient drug therapy. 33-45-13. (a) This chapter shall not apply to any contract with the federal government for utilization and review of patients eligible for hospital services under Titles XVIII or XIX of the Social Security Act. (b) This chapter shall not apply to any private review agent when such private review agent is working under contract, or an extension or renewal thereof, with a licensed insurer operating under an agreement, providing administrative services pursuant to the provisions of subsection (b) of Code Section 33-20-17 to a health care benefit plan negotiated through collective bargaining as that term is defined in the federal National Labor Relations Act, as amended, if the original agreement was executed and in effect prior to January 1, 1990. (c) This chapter shall not apply to audits of the medical record for the purposes of verifying that health care services were ordered and delivered. 33-45-14. The Commissioner shall issue an annual report to the Governor and the General Assembly concerning the conduct Page 1097 of utilization review in this state. Such report shall include a description of utilization review programs and the services they provide, an analysis of complaints filed against private review agents by patients or providers, and an evaluation of the impact of utilization review programs on patient access to care. Section 2 . This Act shall become effective January 1, 1991, if funds have been appropriated prior to such date to fund the provisions of this Act. If such funds have not been appropriated prior to January 1, 1991, this Act shall become effective on the effective date of an Act which appropriates funds to implement this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. DRUGSPOSSESSION NEAR A SCHOOL; DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS. Code Section 16-13-32.4 Enacted. Code Section 40-5-75 Amended. No. 1258 (Senate Bill No. 204). AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education; to provide for penalties; to provide for nonmerger of offenses and the admittance of evidence; to provide for affirmative defenses to prosecution; to Page 1098 amend Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled substances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, so as to authorize persons 16 years of age to attend juvenile court sponsored DUI alcohol or drug use risk reduction programs; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving controlled substances and marijuana, is amended by adding after Code Section 16-13-32.3 a new Code Section 16-13-32.4 to read as follows: 16-13-32.4. (a) It shall be unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education. (b) Any person who violates or conspires to violate subsection (a) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment: (1) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000, or both; or (2) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000, or both. It shall be mandatory for the court to impose a minimum sentence of five years which may not be suspended unless otherwise provided by law. A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. Page 1099 (c) A conviction arising under this Code section shall not merge with a conviction arising under any other provision of this article. (d) It shall be no defense to a prosecution for a violation of this Code section that: (1) School was or was not in session at the time of the offense; (2) The real property was being used for other purposes besides school purposes at the time of the offense; or (3) The offense took place on a school vehicle. (e) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (f) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as `Drug-free School Zones.' Page 1100 (g) It is an affirmative defense to prosecution for a violation of this Code section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct was not carried on for purposes of financial gain. Nothing in this subsection shall be construed to establish an affirmative defense with respect to any offense under this chapter other than the offense provided for in subsection (a) of this Code section. Section 1.5 . Code Section 40-5-75 of the Official Code of Georgia Annotated, relating to suspension of the driver's license of persons convicted of possession of controlled substances or marijuana, as enacted by HB 1200 passed at the 1990 session of the General Assembly, is amended by adding at the end a new subsection (h) to read as follows: (h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete an assessment component and an education/intervention component or intensive intervention component of a DUI alcohol or drug use risk reduction program operated by or under contract with the juvenile court in lieu of a program as prescribed by the Department of Human Resources. Section 2 . This Act shall become effective July 1, 1990, and Section 1 of this Act shall apply to criminal offenses committed on or after that date and Section 1.5 shall apply to all adjudications on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1990. Page 1101 DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT. Code Sections 31-36-1 through 31-36-13 Enacted. No. 1259 (House Bill No. 999). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to public health, so as to authorize a competent adult to appoint an agent to make health care decisions on behalf of such person; to provide a short title; to provide for legislative purpose; to provide definitions; to provide for standards and limitations with respect to health care agencies; to provide for revocation and amendment of health care agencies; to provide for the responsibilities and duties of health care providers and agents under health care agencies; to provide for immunity from liability or disciplinary action under certain circumstances; to provide for penalties; to provide a statutory short form durable power of attorney for health care; to provide for the construction of such form; to provide for applicability; to provide for construction; 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 31 of the Official Code of Georgia Annotated, relating to public health, is amended by inserting at the end thereof a new Chapter 36 to read as follows: CHAPTER 36 31-36-1. This chapter shall be known and may be cited as the `Durable Power of Attorney for Health Care Act.' 31-36-2. (a) The General Assembly recognizes the right of the individual to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withdrawn. However, if the individual becomes disabled, incapacitated, or incompetent, his or her right to control treatment may be denied unless the individual, as principal, can delegate the decision-making power to Page 1102 a trusted agent and be sure that the agent's power to make personal and health care decisions for the principal will be effective to the same extent as though made by the principal. (b) This recognition of the right of delegation for health care purposes must be stated to make it clear that its scope is intended to be as broad as the comparable right of delegation for property and financial matters. However, the General Assembly recognizes that powers concerning health care decisions are more sensitive than property matters and that particular rules and forms are necessary for health care agencies to ensure their validity and efficacy and to protect health care providers so that they will honor the authority of the agent at all times. Nothing in this chapter shall be deemed to authorize or encourage euthanasia, suicide, or any action or course of action that violates the criminal laws of this state or the United States. (c) In furtherance of these purposes, the General Assembly enacts this chapter, setting forth general principles governing health care agencies, as well as a statutory short form durable power of attorney for health care, intending that when a power in substantially the form set forth in this chapter is used, health care providers and other third parties who rely in good faith on the acts and decisions of the agent within the scope of the power may do so without fear of civil or criminal liability to the principal, the state, or any other person. However, the form of health care agency set forth in this chapter is not intended to be exclusive, and other forms of powers of attorney chosen by the principal that comply with Code Section 31-36-5 may offer powers and protections similar to the statutory short form durable power of attorney for health care. 31-36-3. As used in this chapter, the term: (1) `Attending physician' means the physician who has primary responsibility at the time of reference for the treatment and care of the patient. (2) `Health care' means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for the patient's physical or mental health or personal care. Page 1103 (3) `Health care agency' or `agency' means an agency governing and type of health care, anatomical gift, autopsy, or disposition of remains for and on behalf of a patient and refers to the power of attorney or other written instrument defining the agency, or the agency itself, as appropriate to the context. (4) `Health care provider' or `provider' means the attending physician and any other person administering health care to the patient at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. (5) `Hospital' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons. (6) `Patient' means the principal. (7) `Skilled nursing facility' means a facility which has a valid permit or provisional permit issued under Chapter 7 of this title and which provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. 31-36-4. The health care powers that may be delegated to an agent include, without limitation, all powers an individual may have to be informed about and to consent to or refuse or withdraw any type of health care for the individual. A health care agency may extend beyond the principal's death if necessary to permit anatomical gift, autopsy, or disposition of remains. Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining or death-delaying procedures in any lawful manner, and the provisions of this chapter are cumulative in such respect. Page 1104 31-36-5. (a) A health care agency shall be in writing and signed by the principal or by some other person in the principal's presence and by the principal's express direction. A health care agency shall be attested and subscribed in the presence of the principal by two or more competent witnesses who are at least 18 years of age. In addition, if at the time a health care agency is executed the principal is a patient in a hospital or skilled nursing facility, the health care agency shall also be attested and subscribed in the presence of the principal by the principal's attending physician. (b) No health care provider may act as agent under a health care agency if he or she is directly or indirectly involved in the health care rendered to the patient under the health care agency. (c) An agent under a health care agency shall not have the authority to make a particular health care decision different from or contrary to the patient's decision, if any, if the patient is able to understand the general nature of the health care procedure being consented to or refused, as determined by the patient's attending physician based on such physician's good faith judgment. 31-36-6. (a) Every health care agency may be revoked by the principal at any time, without regard to the principal's mental or physical condition, by any of the following methods: (1) By being obliterated, burned, torn, or otherwise destroyed or defaced in a manner indicating an intention to revoke; (2) By a written revocation of the agency signed and dated by the principal or by a person acting at the direction of the principal; or (3) By an oral or any other expression of the intent to revoke the agency in the presence of a witness 18 years of age or older who, within 30 days of the expression of such intent, signs and dates a writing confirming that such expression of intent was made. Page 1105 (b) Unless the health care agency expressly provides otherwise, if, after executing a health care agency, the principal marries, such marriage shall revoke the designation of a person other than the principal's spouse as the principal's agent to make health care decisions for the principal; and if, after executing a health care agency, the principal's marriage is dissolved or annulled, such dissolution or annulment shall revoke the principal's former spouse as the principal's agent to make health care decisions for the principal. (c) A health care agency which survives disability shall not be revoked solely by the appointment of a guardian or receiver for the principal. Absent an order of a court of competent jurisdiction directing a guardian to exercise powers of the principal under an agency that survives disability, the guardian has no power, duty, or liability with respect to any personal or health care matters covered by the agency. (d) A health care agency may be amended at any time by a written amendment executed in accordance with the provisions of subsection (a) of Code Section 31-36-5. (e) Any person, other than the agent, to whom a revocation or amendment of a health care agency is communicated or delivered shall make all reasonable efforts to inform the agent of that fact as promptly as possible. 31-36-7. Each health care provider and each other person with whom an agent deals under a health care agency shall be subject to the following duties and responsibilities: (1) It is the responsibility of the agent or patient to notify the health care provider of the existence of the health care agency and any amendment or revocation thereof. A health care provider furnished with a copy of a health care agency shall make it a part of the patient's medical records and shall enter in the records any change in or termination of the health care agency by the principal that becomes known to the provider. Whenever a provider believes a patient is unable to understand the general nature of the health care procedure which the provider deems necessary, the provider shall consult with any available health care Page 1106 agent known to the provider who then has power to act for the patient under a health care agency; (2) A health care decision made by an agent in accordance with the terms of a health care agency shall be complied with by every health care provider to whom the decision is communicated, subject to the provider's right to administer treatment for the patient's comfort or alleviation of pain; but, if the provider is unwilling to comply with the agent's decision, the provider shall promptly inform the agent who shall then be responsible to make the necessary arrangements for the transfer of the patient to another provider. A provider who is unwilling to comply with the agent's decision will continue to afford reasonably necessary consultation and care in connection with the pending transfer; (3) At the patient's expense and subject to reasonable rules of the health care provider to prevent disruption of the patient's health care, each health care provider shall give an agent authorized to receive such information under a health care agency the same right the principal has to examine and copy any part or all of the patient's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other health care provider, notwithstanding the provisions of any statute or rule of law to the contrary; and (4) If and to the extent a health care agency empowers the agent to: (A) Make an anatomical gift on behalf of the principal under Article 6 of Chapter 5 of Title 44, the `Georgia Anatomical Gift Act,' as now or hereafter amended; (B) Authorize an autopsy of the principal's body; or (C) Direct the disposition of the principal's remains, Page 1107 the anatomical gift, autopsy approval, or remains disposition shall be deemed the act of the principal or of the person who has priority under law to make the necessary decisions and each person to whom a direction by the agent in accordance with the terms of the agency is communicated shall comply with such direction to the extent it is in accord with reasonable medical standards or other relevant standards at the time of reference. 31-36-8. Each health care provider and each other person who acts in good faith reliance on any direction or decision by the agent that is not clearly contrary to the terms of a health care agency will be protected and released to the same extent as though such person had dealt directly with the principal as a fully competent person. Without limiting the generality of the foregoing, the following specific provisions shall also govern, protect, and validate the acts of the agent and each such health care provider and other person acting in good faith reliance on such direction or decision: (1) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for complying with any direction or decision by the agent, even if death or injury to the patient ensues; (2) No such provider or person shall be subject to any type of civil or criminal liability or discipline for unprofessional conduct solely for failure to comply with any direction or decision by the agent, as long as such provider or person promptly informs the agent of such provider's or person's refusal or failure to comply with such direction or decision by the agent. The agent shall then be responsible to make the necessary arrangements for the transfer of the patient to another health care provider. A health care provider who is unwilling to comply with the agent's decision will continue to afford reasonably necessary consultation and care in connection with the pending transfer; (3) If the actions of a health care provider or person who fails to comply with any direction or decision by the agent are substantially in accord with reasonable medical standards at the time of reference and the provider cooperates Page 1108 in the transfer of the patient pursuant to paragraph (2) of Code Section 31-36-7, the health care provider or person shall not be subject to any type of civil or criminal liability or discipline for unprofessional conduct for failure to comply with the agency; (4) No agent who, in good faith, acts with due care for the benefit of the patient and in accordance with the terms of a health care agency, or who fails to act, shall be subject to any type of civil or criminal liability for such action or inaction; (5) If the authority granted by a health care agency is revoked under Code Section 31-36-6, a person will not be subject to criminal prosecution or civil liability for acting in good faith reliance upon such health care agency unless such person had actual knowledge of the revocation; and (6) If the patient's death results from withholding or withdrawing life-sustaining or death-delaying treatment in accordance with the terms of a health care agency, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law and shall not impair or invalidate any insurance, annuity, or other type of contract that is conditioned on the life or death of the patient, any term of the contract to the contrary notwithstanding. 31-36-9. All persons shall be subject to the following sanctions in relation to health care agencies, in addition to all other sanctions applicable under any other law or rule of professional conduct: (1) Any person shall be civilly liable who, without the principal's consent, willfully conceals, cancels, or alters a health care agency or any amendment or revocation of the agency or who falsifies or forges a health care agency, amendment, or revocation; (2) A person who falsifies or forges a health care agency or willfully conceals or withholds personal knowledge of an amendment or revocation of a health care agency with the intent to cause a withholding or withdrawal of life-sustaining Page 1109 or death-delaying procedures contrary to the intent of the principal and thereby, because of such act, directly causes life-sustaining or death-delaying procedures to be withheld or withdrawn, shall be subject to prosecution for criminal homicide as provided for in Chapter 5 of Title 16; and (3) Any person who requires or prevents execution of a health care agency as a condition of ensuring or providing any type of health care services to the patient shall be civilly liable and guilty of a misdemeanor and shall be punished as provided by law. 31-36-10. (a) The statutory health care power of attorney form contained in this subsection may be used to grant an agent powers with respect to the principal's own health care; but the statutory health care power is not intended to be exclusive or to cover delegation of a parent's power to control the health care of a minor child, and no provision of this chapter shall be construed to bar use by the principal of any other or different form of power of attorney for health care that complies with Code Section 31-36-5. If a different form of power of attorney for health care is used, it may contain any or all of the provisions set forth or referred to in the following form. When a power of attorney in substantially the following form is used, including the notice paragraph in capital letters at the beginning, it shall have the meaning and effect prescribed in this chapter. The statutory health care power may be included in or combined with any other form of power of attorney governing property or other matters: `GEORGIA STATUTORY SHORT FORM DURABLE POWER OF ATTORNEY FOR HEALTH CARE NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR AGENT) BROAD POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU, INCLUDING POWER TO REQUIRE, CONSENT TO, OR WITHDRAW ANY TYPE OF PERSONAL CARE OR MEDICAL TREATMENT FOR ANY PHYSICAL OR MENTAL CONDITION AND TO ADMIT YOU TO OR Page 1110 DISCHARGE YOU FROM ANY HOSPITAL, HOME, OR OTHER INSTITUTION; BUT NOT INCLUDING PSYCHOSURGERY, STERILIZATION, OR INVOLUNTARY HOSPITALIZATION OR TREATMENT COVERED BY TITLE 37 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT, WHEN A POWER IS EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME COAGENTS AND SUCCESSOR AGENTS UNDER THIS FORM, BUT YOU MAY NOT NAME A HEALTH CARE PROVIDER WHO MAY BE DIRECTLY OR INDIRECTLY INVOLVED IN RENDERING HEALTH CARE TO YOU UNDER THIS POWER. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW OR UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS, AND THE PENALTIES FOR VIOLATING THE LAW ARE EXPLAINED MORE FULLY IN CODE SECTIONS 31-36-6, 31-36-9, AND 31-36-10 OF THE GEORGIA DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT OF WHICH THIS FORM IS A PART (SEE THE BACK OF THIS FORM). THAT ACT EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. DURABLE POWER OF ATTORNEY made thisday of, 19. Page 1111 1. I, (insert name and address of principal) hereby appoint(insert name and address of agent) as my attorney in fact (my agent) to act for me and in my name in any way I could act in person to make any and all decisions for me concerning my personal care, medical treatment, hospitalization, and health care and to require, withhold, or withdraw any type of medical treatment or procedure, even though my death may ensue. My agent shall have the same access to my medical records that I have, including the right to disclose the contents to others. My agent shall also have full power to make a disposition of any part or all of my body for medical purposes, authorize an autopsy of my body, and direct the disposition of my remains. THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION YOU COULD MAKE TO OBTAIN OR TERMINATE ANY TYPE OF HEALTH CARE, INCLUDING WITHDRAWAL OF NOURISHMENT AND FLUIDS AND OTHER LIFE-SUSTAINING OR DEATH-DELAYING MEASURES, IF YOUR AGENT BELIEVES SUCH ACTION WOULD BE CONSISTENT WITH YOUR INTENT AND DESIRES. IF YOU WISH TO LIMIT THE SCOPE OF YOUR AGENT'S POWERS OR PRESCRIBE SPECIAL RULES TO LIMIT THE POWER TO MAKE AN ANATOMICAL GIFT, AUTHORIZE AUTOPSY, OR DISPOSE OF REMAINS, YOU MAY DO SO IN THE FOLLOWING PARAGRAPHS. 2. The powers granted above shall not include the following powers or shall be subject to the following rules or limitations (here you may include any specific limitations you deem appropriate, such as your own definition of when life-sustaining or death-delaying measures should be withheld; a direction to continue nourishment and fluids or other life-sustaining or death-delaying treatment in all events; or instructions to refuse any specific types of treatment that are inconsistent with your religious beliefs or Page 1112 unacceptable to you for any other reason, such as blood transfusion, electroconvulsive therapy, or amputation): THE SUBJECT OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT IS OF PARTICULAR IMPORTANCE. FOR YOUR CONVENIENCE IN DEALING WITH THAT SUBJECT, SOME GENERAL STATEMENTS CONCERNING THE WITHHOLDING OR REMOVAL OF LIFE-SUSTAINING OR DEATH-DELAYING TREATMENT ARE SET FORTH BELOW. IF YOU AGREE WITH ONE OF THESE STATEMENTS, YOU MAY INITIAL THAT STATEMENT, BUT DO NOT INITIAL MORE THAN ONE: I do not want my life to be prolonged nor do I want life-sustaining or death-delaying treatment to be provided or continued if my agent believes the burdens of the treatment outweigh the expected benefits. I want my agent to consider the relief of suffering, the expense involved, and the quality as well as the possible extension of my life in making decisions concerning life-sustaining or death-delaying treatment. Initialed I want my life to be prolonged and I want life-sustaining or death-delaying treatment to be provided or continued unless I am in a coma, including a persistent vegetative state, which my attending physician believes to be irreversible, in accordance with reasonable medical standards at the time of reference. If and when I have suffered such an irreversible coma, I want life-sustaining or death-delaying treatment to be withheld or discontinued. Initialed Page 1113 I want my life to be prolonged to the greatest extent possible without regard to my condition, the chances I have for recovery, or the cost of the procedures. Initialed THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER WHILE YOU ARE ABLE TO DO SO. IN THE ABSENCE OF AN AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH AND WILL CONTINUE BEYOND YOUR DEATH IF ANATOMICAL GIFT, AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER OR BOTH OF THE FOLLOWING: 3. () This power of attorney shall become effective on(insert a future date or event during your lifetime, such as court determination of your disability, incapacity, or incompetency, when you want this power to first take effect). 4. () This power of attorney shall terminate on(insert a future date or event, such as court determination of your disability, incapacity, or incompetency, when you want this power to terminate prior to your death). IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAMES AND ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH: 5. If any agent named by me shall die, become legally disabled, incapacitated, or incompetent, or resign, refuse to act, or be unavailable, I name the following (each to act successively in the order named) as successors to such agent: Page 1114 IF YOU WISH TO NAME A GUARDIAN OF YOUR PERSON IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY INSERTING THE NAME OF SUCH GUARDIAN IN THE FOLLOWING PARAGRAPH. THE COURT WILL APPOINT THE PERSON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON NAMED IN THIS FORM AS YOUR AGENT. 6. If a guardian of my person is to be appointed, I nominate the following to serve as such guardian: 7. I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent. The principal has had an opportunity to read the above form and has signed the above form in our presence. We, the undersigned, each being over 18 years of age, witness the principal's signature at the request and in the presence of the principal, and in the presence of each other, on the day and year above set out. Witnesses: Addresses: Additional witness required when health care agency is signed in a hospital or skilled nursing facility. Page 1115 I hereby witness this health care agency and attest that I believe the principal to be of sound mind and to have made this health care agency willingly and voluntarily. YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. I certify that the signature of my agent and successor(s) is correct. Specimen signatures of agent and successor(s) (b) The foregoing statutory health care power of attorney form authorizes, and any different form of health care agency may authorize, the agent to make any and all health care decisions on behalf of the principal which the principal could make if present and under no disability, incapacity, or incompetency, subject to any limitations on the granted powers that appear on the face of the form, to be exercised in such manner as the agent deems consistent with the intent and desires of the principal. The agent will be under no duty to exercise granted powers or to assume control of or responsibility for the principal's health care; but, when granted powers are exercised, the agent will be Page 1116 required to use due care to act for the benefit of the principal in accordance with the terms of the statutory health care power and will be liable for negligent exercise. The agent may act in person or through others reasonably employed by the agent for that purpose but may not delegate authority to make health care decisions. The agent may sign and deliver all instruments, negotiate and enter into all agreements, and do all other acts reasonably necessary to implement the exercise of the powers granted to the agent. Without limiting the generality of the foregoing, the statutory health care power form shall, and any different form of health care agency may, include the following powers, subject to any limitations appearing on the face of the form: (1) The agent is authorized to consent to and authorize or refuse, or to withhold or withdraw consent to, any and all types of medical care, treatment, or procedures relating to the physical or mental health of the principal, including any medication program, surgical procedures, life-sustaining or death-delaying treatment, or provision of nourishment and fluids for the principal, but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by Title 37; (2) The agent is authorized to admit the principal to or discharge the principal from any and all types of hospitals, institutions, homes, residential or nursing facilities, treatment centers, and other health care institutions providing personal care or treatment for any type of physical or mental condition, but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by Title 37; (3) The agent is authorized to contract for any and all types of health care services and facilities in the name of and on behalf of the principal and to bind the principal to pay for all such services and facilities, and the agent shall not be personally liable for any services or care contracted for on behalf of the principal; (4) At the principal's expense and subject to reasonable rules of the health care provider to prevent disruption of the principal's health care, the agent shall have the same Page 1117 right the principal has to examine and copy and consent to disclosure of all the principal's medical records that the agent deems relevant to the exercise of the agent's powers, whether the records relate to mental health or any other medical condition and whether they are in the possession of or maintained by any physician, psychiatrist, psychologist, therapist, hospital, nursing home, or other health care provider, notwithstanding the provisions of any statute or other rule of law to the contrary; and (5) The agent is authorized to direct that an autopsy of the principal's body be made; to make a disposition of any part or all of the principal's body pursuant to Article 6 of Chapter 5 of Title 44, the `Georgia Anatomical Gift Act,' as now or hereafter amended; and to direct the disposition of the principal's remains. 31-36-11. This chapter applies to all health care providers and other persons in relation to all health care agencies executed on and after July 1, 1990. This chapter supersedes all other provisions of law or parts thereof existing on July 1, 1990, to the extent such other provisions are inconsistent with the terms and operation of this chapter, provided that this chapter does not affect the provisions of law governing emergency health care. If the principal has a living will under Chapter 32 of this title, as now or hereafter amended, the living will shall not be operative so long as an agent is available who is authorized by a health care agency to deal with the subject of life-sustaining or death-delaying procedures for and on behalf of the principal. Furthermore, unless the health care agency provides otherwise, the agent who is known to the health care provider to be available and willing to make health care decisions for the patient has priority over any other person, including any guardian of the person, to act for the patient in all matters covered by the health care agency. 31-36-12. This chapter does not in any way affect or invalidate any health care agency executed or any act of an agent prior to July 1, 1990, or affect any claim, right, or remedy that accrued prior to July 1, 1990. 31-36-13. This chapter is wholly independent of the provisions of Title 53, relating to wills, trusts, and the administration Page 1118 of estates, and nothing in this chapter shall be construed to affect in any way the provisions of said Title 53. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. TELEPHONE SYSTEMS FOR PHYSICALLY IMPAIRED PERSONSSTATE-WIDE DUAL PARTY TELEPHONE RELAY SYSTEM CREATED. Code Section 46-5-30 Amended. Code Section 46-5-31 Enacted. No. 1260 (Senate Bill No. 591). AN ACT To amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, so as to provide that the Public Service Commission shall establish, implement, administer, and promote a state-wide single provider dual party telephone relay system; to provide for legislative findings and declarations; to provide for maintenance surcharges; to provide for duties, powers, and authority of the Public Service Commission with respect to the foregoing; to provide for confidentiality and the protection of privacy; to provide that the Public Service Commission and the provider of the dual party relay system service shall have immunity from liability with respect to the establishment and operation of such system; to provide that employees of the provider of the dual party relay system service shall not be liable with respect to the establishment and operation of such system except under certain limited circumstances; to provide for contracts and carrier selection; to provide for operation not later than July 1, 1991; to provide for rates and charges; to provide exemptions from franchise and sales and use taxes; to repeal conflicting laws; and for other purposes. Page 1119 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone systems for the physically impaired, is amended by striking Code Section 46-5-30, relating to a state-wide dual party telephone relay system feasibility study, which reads as follows: 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., and inserting in lieu thereof a new Code Section 46-5-30 to read as follows: 46-5-30. (a) The General Assembly finds and declares that it is in the public interest 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. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, `exchange access facility' means the access from a particular telephone subscriber's premise to the telephone system of a Page 1120 local exchange telephone company. `Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay service. The local exchange companies shall collect the surcharge from their customers and transfer the monies collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service and shall not be used for the distribution of telecommunication devices for the deaf or similar such devices or be imposed, collected, or expended for any other purpose. (d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following: (1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members; (2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call; (3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call; (4) Relay operators shall not intentionally alter a relayed conversation; and Page 1121 (5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the provider of the dual party relay system service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the provider of the dual party relay system service shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunication system, and all other factors listed in the commission's request for proposals. (g) The commission shall provide that the dual party telephone relay telephone system shall be operational no later than July 1, 1991. Section 2 . Said Part 1A is further amended by adding at the end thereof a new Code Section 46-5-31 to read as follows: 46-5-31. (a) Long-distance and all other applicable rates and charges, including the surcharge required by this part, shall apply to the users of the dual party relay system in the same manner as all other telephone subscribers, but no additional charges may be imposed for the use of the relay system. Local exchange telephone companies shall be compensated for any collection, inquiry, or other administrative services provided by said companies in conjunction with the operation of the dual party relay system. (b) The surcharge created by this part and collected by the local exchange telephone companies is not includable in gross receipts subject to franchise tax allowed pursuant to Code Page 1122 Section 36-34-2 or subject to the sales and use taxes levied under Chapter 8 of Title 48. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LANDMARK HISTORIC PROPERTYTAXATION. Code Sections 48-5-2, 48-5-7, and 48-5-311 Amended. Code Section 48-5-7.3 Enacted. No. 1261 (House Bill No. 1578). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the definition of the term fair market value; to provide for the fair market value of landmark historic property under certain circumstances; to change the provisions relating to the assessment of tangible property; to provide for the preferential classification and assessment of landmark historic property; to define the term landmark historic property; to provide exceptions; to provide for applications for preferential classification and assessment of landmark historic property; to provide for application fees; to provide procedures; to provide for determinations by the Department of Natural Resources and local governing authorities; 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 landmark historic property; to provide for the payment of certain taxes; to provide for certain appeal hearings and court review; to provide the effective date of preferential assessment of landmark historic property; to provide for the classification of landmark historic property on tax digests; to provide for the disqualification of property for preferential classification and assessment as landmark historic property; to prohibit Page 1123 simultaneous eligibility for more than one preferential classification and assessment; to provide that certain taxes and interest shall constitute a prior lien; to provide that members and alternate members of county boards of equalization shall be appointed for three-year terms; to provide that one such member and one such alternate member shall be appointed each year; to provide for other matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to 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 to be designated subparagraph (D), to read as follows: (D) Fair market value of `landmark historic property' as such term is defined in subsection (a) of Code Section 48-5-7.3 means: (i) For the first eight years in which the property is classified as `landmark 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 certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3; (ii) For the ninth year in which the property is classified as `landmark 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. Page 1124 Section 2 . Said chapter is further amended by adding a new subsection immediately following subsection (c) of Code Section 48-5-7, relating to assessment of tangible property, to be designated subsection (c.1), to read as follows: (c.1) Tangible real property which qualifies as landmark historic property pursuant to the provisions of Code Section 48-5-7.3 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 landmark historic property pursuant to the provisions of subparagraph (D) of paragraph (1) of Code Section 48-5-2. Section 3 . Said chapter is further amended by adding a new Code section describing the preferential assessment for certified landmark historic property immediately following Code Section 48-5-7.2, to be designated Code Section 48-5-7.3, to read as follows: 48-5-7.3. (a) (1) For the purposes of this Code section, `landmark historic property' means tangible income-producing real property which: (A) Has been listed on the National Register of Historic Places or on the Georgia Register of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and (B) Has been certified by a local government as landmark historic property having exceptional architectural, historic, or cultural significance pursuant to a comprehensive local historic preservation or landmark ordinance which is of general application within such locality and has been approved as such by the state historic preservation officer. (2) The preferential classification and assessment of landmark historic property provided for in this Code section shall apply to the building or structure which is listed on the National Register of Historic Places or on the Georgia Page 1125 Register of Historic Places, 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 landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local governing authority has adopted an ordinance authorizing such preferential assessments for landmark historic property under this Code section. (b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.1) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsection (a) of this Code section. (c) Upon receipt of said certifications, a property owner desiring classification of any such historic property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. 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. (d) (1) Property which has been classified by the county board of tax assessors as landmark historic property shall be immediately eligible for the preferential assessment provided for in subsection (c.1) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year Page 1126 following the year in which the 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 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 landmark 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 certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as landmark historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation `landmark 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 (D) of paragraph (1) of Code Section 48-5-2. (e) (1) When property has once been classified and assessed as landmark historic property, it shall remain so classified and be granted the special assessment until the property becomes disqualified by any one of the following: (A) Written notice by the taxpayer to the county tax commissioner or receiver to remove the preferential classification and assessment; (B) Sale or transfer of ownership making the property exempt from property taxation; Page 1127 (C) 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 the property from preferential classification and assessment so long as the property continues to qualify as landmark historic property, except as specified in subparagraph (B) of this paragraph. When for any reason the property or any portion thereof ceases to qualify as landmark 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; (D) Decertification of such property by the local governing authority for failure to maintain such property in a standard condition as specified in the local historic preservation or landmark ordinance or in local building codes; or (E) The expiration of nine years during which the property was classified and assessed as landmark historic property; provided, however, that any such property may qualify thereafter as landmark historic property if such property is subject to subsequent rehabilitation and qualifies under other portions of the historic properties tax incentive program contained within the provisions of this Code section. (2) Except as otherwise provided in this Code section, if a property becomes disqualified pursuant to any provision of this subsection, the decertification shall be transmitted to the county board of tax assessors and said assessors shall appropriately notate the property as decertified. Such property shall not be eligible to receive the preferential assessment provided for in this Code section during the taxable year in which such disqualification occurs. Page 1128 (f) Any person who is aggrieved or adversely affected by any order or action of the Department of Natural Resources pursuant to this subsection 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.' (g) No property shall be eligible to receive simultaneously more than one of the preferential assessments provided for in this Code section and Code Section 48-5-7.2. (h) Any landmark historic property which lies within a locally designated landmark or historic preservation district which is predominantly a residential district as determined by the local governing authority shall not be eligible for the preferential assessment provided for in this subsection if such landmark historic property constitutes a nonconforming use pursuant to applicable local zoning ordinances or if such landmark historic property does not contribute to the architectural, historic, or cultural values for which said district is significant. (i) (1) The difference between the preferential assessment granted by this Code section and the taxes which would otherwise be assessed and interest thereon 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 shall only be due, payable, and delinquent as provided in this Code section. (2) Such liens for taxes, 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. Section 4 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 48-5-311, relating to the Page 1129 creation, appointment, and duties of county boards of equalization, and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of his selection. Each term shall begin on January 1. (2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms. (3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. (4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy a precept containing the names of the persons so selected. Page 1130 Within ten days of receiving the precept, the sheriff or his deputy shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15. (5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his duties, shall take and subscribe before the clerk of the superior court the following oath: `You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.' In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to his office. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1131 VIDALIA SWEET ONIONOFFICIAL STATE VEGETABLE. Code Section 50-3-64 Enacted. No. 1262 (House Bill No. 1571). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Vidalia Sweet Onion as the official vegetable of this state; 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 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding immediately following Code Section 50-3-63 a new Code section, to be designated Code Section 50-3-64, to read as follows: 50-3-64. The Vidalia Sweet Onion is designated as the official Georgia state vegetable. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1132 EDUCATION PARTNERSHIP ACT OF 1990. Code Title 20, Chapter 2, Article 20 Enacted. No. 1263 (House Bill No. 1518). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to add a new Article 20, to be known as the Education Partnership Act of 1990; to provide for a short title and findings; to encourage certain partnerships with schools and school systems; to provide for work-release time; to provide for grants, regulations, and partnership plans; to provide for funding; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Article 20, the Code sections of which were stricken and reserved by an Act approved April 16, 1985 (Ga. L. 1985, p. 1657), and inserting in its place a new article to read as follows: ARTICLE 20 20-2-1030. This article shall be known and may be cited as the `Education Partnership Act of 1990.' 20-2-1031. The General Assembly finds that: (1) Partnership activities between business, industry, civic, community based, and governmental organizations and the public schools of the state are beneficial to the educational improvement of Georgia's students; (2) These partnerships further promote better student achievement, higher self-esteem, closer community ties to the public schools, economic development, and a better educated work force for Georgia; Page 1133 (3) The involvement of business, industry, civic, community based, and governmental organizations with the public schools is an essential element in the social and economic growth and development of the state; (4) Individual volunteers have contributed thousands of hours of service to the students and public schools in Georgia; and (5) State policy should encourage all citizens and organizations to become actively involved with the public schools in their community. 20-2-1032. (a) Business, industry, community based, and civic organizations are encouraged to form formal partnerships with the local public schools and school systems in their communities. (b) State and local government agencies are encouraged and authorized to form formal partnerships with the local public schools and school systems in their communities. Such agencies are authorized and encouraged to provide release time for their employees to work with the public schools in their communities. (c) Individuals, including students, are encouraged to contribute their time and talent through volunteering to assist Georgia's public school students and schools. 20-2-1033. (a) The State Board of Education, subject to appropriation by the General Assembly for this purpose, is authorized to provide matching grants to local school systems for the implementation, support, and expansion of education partnership activities. (b) The State Board of Education is authorized to formulate such rules and regulations as it deems necessary to implement this Code section. (c) Each local school system desiring to apply for such grants shall submit a local partnership plan to the State Board of Education containing such information as that board deems necessary to reflect adequately the needs and accomplishments Page 1134 of the local school system in its education partnership activities. Such plans shall contain as a minimum, but not restricted to, a budget for education partnership activities, the estimated value of the previous year's partnership activities, and the number of individuals, businesses, and other organizations involved with partnership activities. (d) Should state funds be inadequate to fund all local partnership plans, the State Board of Education shall increase the local matching requirements pro rata for each local school system applying for such grants. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LOCAL EXCISE TAXATION OF ROOMS, LODGINGS, AND ACCOMMODATIONS. Code Title 48, Chapter 13, Article 3 Amended. No. 1264 (House Bill No. 770). AN ACT To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms, lodgings, and accommodations, so as to change provisions relating to authorized and required expenditures of tax proceeds; to change the maximum rate of taxation under certain conditions; to limit the total amount of taxation; to require budget plans for expenditures; to authorize under certain conditions payments in lieu of taxes by certain facilities operated under the jurisdiction of the Georgia Department of Natural Resources; to specify license Page 1135 fee limits on, and to authorize under certain conditions the levy of taxes on, facilities operated by charitable trusts and their functionally related businesses; to define terms; to require local governments to make certain reports to the Department of Community Affairs; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to local excise taxation of rooms, lodgings, and accommodations, is amended by striking all of the article except for the article designation and inserting in lieu thereof the following: 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, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or Page 1136 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 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, lodgings, 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. (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 Page 1137 paragraph shall cease to apply to a county or municipality 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. 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 prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation 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, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, 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. Page 1138 (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. 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 43[UNK] 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 prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation 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, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, 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. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16[UNK] percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or Page 1139 operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; or (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein. Amounts so expended to meet such 16[UNK] percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities. (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 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 Page 1140 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 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) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (5) of this subsection, Page 1141 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), paragraph (3), or paragraph (4) 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 `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 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) (A) 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)(6) of the Internal Revenue Code of 1986; provided, however, that a county or municipality which has prior to April 1, 1990, contracted for a required expenditure under this Code section with a private group which is exempt from federal income tax under provisions of Section 501(c) of the Internal Revenue Code other than Section 501(c)(6) may continue to contract for required expenditures with such a private group. Page 1142 (B) 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 and any organizational entities they may create, regional development centers and any organizational entities they may create, or local water and sewer authorities. (9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), or (5) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) 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 Page 1143 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 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 impose or change the rate of the tax authorized under this Code section 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. 48-13-54. (a) Any lodge operated under the jurisdiction of the Department of Natural Resources which regularly furnishes for value rooms, lodgings, or accommodations as well as meals and conference or meeting facilities and which is located in a county or municipality levying a tax under this Page 1144 article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodge was privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodge from which the money was collected and remitted or of similar facilities operated under the jurisdiction of the Department of Natural Resources. 48-13-55. (a) A charitable trust, or a functionally related business of a charitable trust, which regularly furnishes for value rooms, lodgings, or accommodations shall be subject to local licensure by, or required to pay a business or occupation tax to, a county or municipality only to the extent provided in this Code section. Further, such a charitable trust, or such a functionally related business of a charitable trust, shall be subject to taxes levied under Code Section 48-13-51 only to the extent provided in this Code section. (b) Any license fee of any type, whether a flat fee or based on gross receipts, charged by a county or municipality to a charitable trust, or to a functionally related business of a charitable trust or any affiliated activity, shall not exceed $200.00 per year. (c) Any tax levied by a county or municipality under Code Section 48-13-51 shall apply to a charitable trust, or a functionally related business of a charitable trust, only if the levy and collection of the tax is approved in advance in writing by the Board of Natural Resources. The Board of Natural Resources may revoke its approval at will. Amounts collected and remitted under the authority of this Code section shall be expended solely for promoting, attracting, stimulating, and developing conventions and tourism. The expenditure of the funds shall only be made under a written agreement between the charitable trust or its functionally related business and the local government. The agreement governing the expenditure of the funds must be approved in writing by the Board of Natural Resources before any taxes are collected and remitted and before any funds are spent. Page 1145 (d) For purposes of this Code section, the term `charitable trust' means any trust or other entity covered by Part 2 of Article 3 of Chapter 12 of Title 53, the `Georgia Charitable Trust Act.' For purposes of this Code section, the term `functionally related business' means a business entity, whether or not incorporated, which is owned by such a charitable trust and which constitutes a functionally related business within the meaning of Section 4942(j)(4) of the Internal Revenue Code. (e) This Code section (rather than conflicting provisions in Code Section 48-13-51) shall govern the licenses and license fees of, and the levy, collection, and expenditure of the taxes authorized by this article as applied to, a charitable trust or a functionally related business of a charitable trust. 48-13-56. Each county or municipality imposing a tax as authorized by this article shall, as a condition of continuing authorization to impose the tax, annually file with the Department of Community Affairs a report specifying the rate of taxation and amounts collected and expended pursuant to this article. Such report shall be filed in such form and at such times as may be specified by rule of the Department of Community Affairs. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1146 GEORGIA STATE GAMES COMMISSION. Code Section 50-12-41 Amended. No. 1265 (Senate Bill No. 568). AN ACT To amend Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, so as to provide that such commission shall be assigned to the Department of Natural Resources for administrative purposes only; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-12-41, relating to the creation of the Georgia State Games Commission, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commission is assigned to the Department of Natural Resources for administrative purposes only, as specified in Code Section 50-4-3. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1147 WORKERS' COMPENSATIONINJURY OR DEATH DUE TO MARIJUANA OR CONTROLLED SUBSTANCE. Code Section 34-9-17 Amended. No. 1266 (House Bill No. 1168). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that compensation shall not be allowed for an injury or death due to being under the influence of marijuana or a controlled substance; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by striking Code Section 34-9-17, relating to grounds for the denial of workers' compensation benefits, and inserting in lieu thereof a new Code Section 34-9-17 to read as follows: 34-9-17. No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his attempt to injure another, or due to intoxication by alcohol or being under the influence of marijuana or a controlled substance, except as may have been lawfully prescribed by a physician for such employee and taken in accordance with such prescription, or willful failure or refusal to use a safety appliance or perform a duty required by statute, or the willful breach of any rule or regulation adopted by the employer and approved by the board, of which rule or regulation the employee has knowledge prior to Page 1148 the accident. The burden of proof shall be upon the party who claims an exemption or forfeiture under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. DRIVERS' LICENSESDELAY OF ISSUANCE FOR PERSONS UNDER 16 FOR DRUG OFFENSE OR DRIVING UNDER THE INFLUENCE. Code Section 40-5-22.1 Enacted. No. 1267 (House Bill No. 1185). 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 the delay of the issuance of a driver's license to any person under the age of 16 who is adjudicated or convicted of driving under the influence or of a drug offense; to provide for procedures; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code Section 40-5-22.1 to read as follows: 40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other Page 1149 court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a certified assessment component and the education/intervention component or the intensive intervention component of a DUI alcohol and drug use risk reduction program as prescribed by the Department of Human Resources or operated by or under contract with the juvenile court and pays a fee of $35.00 to the Department of Public Safety or $25.00 when such application is processed by mail. The court shall notify the Department of Public Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. DRIVERS' LICENSESSUSPENSION UPON CONVICTION OF POSSESSION OF CONTROLLED SUBSTANCE OR MARIJUANA. Code Section 40-5-75 Enacted. No. 1268 (House Bill No. 1200). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of possession of a controlled substance or marijuana; to provide Page 1150 for reporting of suspensions to the Department of Public Safety; to provide for the time of commencement of such suspensions or revocations; to provide for the periods of suspension or revocation; to provide conditions for reinstatement or return of licenses; to provide for probationary licenses; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' censes, is amended by adding a new Article 3B to read as follows: ARTICLE 3B 40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous 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, the period of suspension shall be for 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified assessment component and the education/intervention component or the intensive intervention component as prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction; Page 1151 (2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his driver's license by submitting proof of completion of a certified intensive intervention component as prescribed by the Department of Human Resources and paying a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and (3) Upon the third conviction of any such offense 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, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions: (A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit; (B) Such person submits proof of completion of a licensed drug-treatment program. Such proof shall be within two years of the license suspension prior to the issuance of the permit. Such licensed drug-treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety; (C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and Page 1152 (D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his place of employment or performing the normal duties of his occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. (b) Whenever a person is convicted of possession of a controlled substance or marijuana in violation of subsection (a) or (j) of Code Section 16-13-30, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension. (c) (1) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge, but, if such plea is accepted, the penalties set forth in paragraph (1) of subsection (a) of this Code section shall be imposed. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete the assessment and educational/intervention component of the First Offender DUI Risk Reduction Program. Page 1153 The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Department of Public Safety. (2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety. (d) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by proof of completion of the required component of a DUI alcohol or drug use risk reduction program and a restoration fee of $35.00 or $25.00 to the Department of Public Safety when such reinstatement is processed by mail. Application for a three-year driving permit under paragraph (3) of subsection (a) of this Code section shall be made on such form as the commissioner may prescribe and shall be accompanied by proof of completion of an approved residential drug treatment program and a fee of $25.00 for such permit. (e) Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended persuant to this Code section shall not be eligible for early reinstatement of his license and shall not be eligible for a limited driving permit, but such person's license shall only be reinstated as provided in this Code section. (f) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor Page 1154 vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or issued such person a three-year driving permit shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both. (g) Notwithstanding the provisions of Code Section 15-11-38, and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for possession of marijuana or a controlled substance in violation of subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS. Code Title 40 Amended. No. 1269 (House Bill No. 663). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to change the conditions for issuance of a probationary driver's license to a habitual violator; to change the conditions for reinstatement of a driver's license to a person convicted of driving under the influence of alcohol or drugs; to change provisions relating to drivers' licenses of persons pleading nolo contendere to charges of driving under the influence of alcohol or drugs; to provide Page 1155 for the approval and certification of DUI alcohol or drug use risk reduction programs by the Department of Human Resources; to change provisions relating to driver improvement courses and defensive driving courses; to require completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program as a condition for the acceptance of certain nolo contendere pleas to charges of driving under the influence of alcohol or drugs; to provide for confidentiality; to provide for fees; 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 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-5-1, relating to definitions of terms relating to licensing of drivers, 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) `Assessment component' means the standard assessment instrument designated by the Department of Human Resources which is used to evaluate the extent of an individual's substance abuse and its impact on the use of alcohol or drugs and driving. (2) `Board' means the Board of Public Safety. (3) `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. (4) `Commissioner' means the commissioner of public safety of Georgia. (5) `Conviction' means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the Page 1156 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. (6) `Department' means the Department of Public Safety of Georgia. (7) `Disqualification of driver's license' means a prohibition against driving a commercial motor vehicle. (8) `Education/intervention component' means a program which delivers general education about alcohol and drug use and driving and peer group counseling over a period of 16 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources for the DUI alcohol or drug use risk reduction programs under subsection (c) of Code Section 40-5-83. (9) `First Offender DUI Alcohol or Drug Use Risk Reduction Program' means a program which conducts an assessment for persons with a first conviction of or a nolo contendere plea to driving under the influence of alcohol or drugs and, based on the results of the assessment component, releases the offender or refers the offender to an education/intervention component and is approved and certified as a First Offender DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources. (10) `Intensive intervention component' means a program which delivers peer group counseling concerning alcohol and drug use over a period of 24 hours utilizing a methodology and curriculum approved and certified by the Department of Human Resources for the DUI alcohol or drug use risk reduction programs. (11) `Mail' means to deposit in the United States mail properly addressed and with postage prepaid. (12) `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 Page 1157 in another person, but excludes a lessee under a lease not intended as security. (13) `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. (14) `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. (15) `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. (16) `Second Offender DUI Alcohol or Drug Use Risk Reduction Program' means a program for persons convicted of a second driving under the influence of alcohol or drugs offense within five years which provides an intensive intervention component and is approved and certified as a Second Offender DUI Alcohol or Drug Use Risk Reduction Program by the Department of Human Resources. Page 1158 (17) `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 2 . Said title is further amended in Code Section 40-5-58, relating to habitual violators and probationary licenses, by striking subparagraph (e)(1)(C) and inserting in its place a new subparagraph to read as follows: (C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI alcohol or drug use risk reduction program as designated by the Department of Public Safety;. Section 3 . Said title is further amended in Code Section 40-5-70, relating to suspension of drivers' licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) (1) The driver's license of any person convicted of violating Code Section 40-6-391 shall be suspended as follows: (A) Upon the first conviction, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, 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, the period of suspension shall be for one year. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $25.00. For the purposes of this subparagraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as Page 1159 measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under subparagraphs (B) and (C) of this paragraph; (B) Upon the second conviction within five years, 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, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a Second Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $25.00, provided that no assessment shall be required upon such second conviction. For the purposes of this subparagraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere 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 plea of nolo contendere is accepted, shall be considered and counted as convictions; and (C) Upon the third conviction 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, such person shall be a habitual violator, and his license shall be indefinitely suspended pending revocation. The Department of Public Safety shall revoke such person's driver's license as provided in Code Section 40-5-58 and Code Section 40-5-62. For the purposes of this subparagraph, Page 1160 a plea of nolo contendere and all prior accepted pleas of nolo contendere 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 plea of nolo contendere is accepted, shall be considered and counted as convictions. (2) Notwithstanding the provisions of paragraph (1) of this subsection which provide for the early reinstatement of a person's driver's license, the Department of Public Safety shall not reinstate the driver's license during any period of suspension imposed under subsection (b) of Code Section 40-5-63. Section 4 . Said title is further amended in Code Section 40-5-72, relating to suspension of a driver's license for failure to comply with certain conditions, by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $25.00. Section 5 . Said title is further amended by striking Code Section 40-5-80, relating to the short title and purpose of Article 4 of Chapter 5, and inserting in its place a new Code section to read as follows: 40-5-80. The purpose of this article, the `Georgia Driver Improvement Act,' is to improve and promote greater safety Page 1161 upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI alcohol or drug use risk reduction programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. Section 6 . Said title is further amended in Code Section 40-5-82, relating to administration of the Driver Improvement Program, by adding new subsections (c) and (d) to read as follows: (c) The Department of Human Resources is designated as the agency responsible for the approval and certification of DUI alcohol or drug use risk reduction programs and staff. This responsibility includes selection of the assessment instrument, development of the education/intervention and intensive intervention curricula, training of program staff, and monitoring of all DUI alcohol or drug use risk reduction programs under the `Georgia Driver Improvement Act.' (d) All DUI alcohol or drug use risk reduction program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Public Safety. Section 7 . Said title is further amended by striking Code Section 40-5-83, relating to establishment and approval of programs, and inserting in its place a new Code section to read as follows: 40-5-83. (a) The commissioner of public safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements Page 1162 for students, and examinations. No approved clinic shall charge a fee of more than $50.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. (b) (1) The commissioner of public safety shall be authorized to enter into reciprocal agreements with the proper authorities in other states, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. Reciprocal agreements shall only be made where the clinics, programs, and courses of such other jurisdictions meet or exceed the standards and requirements of clinics, programs, and courses in this state. The department shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements. (2) Driver improvement clinics, programs, and courses outside of the State of Georgia which have been approved in reciprocal agreements negotiated by the commissioner of public safety shall not be required to comply with the provisions of subsection (a) of this Code section. (c) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and may provide the following combination of services: (1) the assessment and education/intervention components; (2) the assessment, education/intervention, and intensive intervention components; or (3) the intensive intervention component only, provided that no DUI alcohol or drug use risk reduction program may offer the assessment component alone or the education/intervention component alone. The Department of Page 1163 Human Resources is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, certification fees, attendance requirements for students, examinations, and program evaluations. Approved DUI alcohol or drug use risk reduction programs shall charge a fee of $45.00 for the assessment component, $60.00 for the education/intervention component, and $100.00 for the intensive intervention component. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, that in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have been made available to said community. No DUI alcohol or drug use risk reduction program which delivers the assessment component or the intensive intervention component will be approved unless such clinic agrees in writing to rebate to the state, for the costs of administration, a fee, for each offender assessed or each offender participating in intensive intervention, of $7.00, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources shall comply with all provisions of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. Page 1164 Section 8 . Said title is further amended in Code Section 40-6-391.1, relating to pleas of nolo contendere to charges of driving under the influence, by striking subsection (d) and inserting in its place a new subsection to read as follows: (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-72. Section 9 . This Act shall become effective July 1, 1990. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. WORKERS' COMPENSATIONEXEMPTION FROM THIRD-PARTY ACTIONS. Code Section 34-9-11 Amended. No. 1270 (House Bill No. 319). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, so as to provide exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing Page 1165 workers' compensation benefits; to include construction design professionals and certain employees of such professionals among those excepted from action; to provide conditions; to provide a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the general provisions relating to workers' compensation, is amended by striking Code Section 34-9-11, relating to the exclusivity of rights and remedies granted to employees under the chapter and actions against third-party tort-feasors or other persons providing workers' compensation benefits, and inserting in its place a new Code Section 34-9-11 to read as follows: 34-9-11. (a) The rights and the remedies granted to an employee by this chapter shall exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that no employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits, and other than a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured, or any employee of a construction design professional who is assisting in the performance of professional services on the construction site on which the employee was working when injured, unless the construction design professional specifically assumes by written contract the safety practices for the project. The immunity provided by this subsection to a construction design professional shall not apply to the negligent preparation of design plans and specifications, nor shall it apply to the tortious activities of the construction design professional or the employees of the construction design professional while on the Page 1166 construction site where the employee was injured and where those activities are the proximate cause of the injury to the employee or to any professional surveys specifically set forth in the contract or any intentional misconduct committed by the construction design professional or his employees. (b) As used in subsection (a) of this Code section, the term `construction design professional' means any person who is an architect, professional engineer, landscape architect, geologist, or land surveyor who has been issued a license pursuant to Chapter 4, 15, 19, or 23 of Title 43 or any corporation organized to render professional services in Georgia through the practice of one or more such technical professions as architecture, professional engineering, landscape architecture, geology, or land surveying. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990. Code Titles 15 and 20 Amended. No. 1271 (House Bill No. 1254). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change certain definitions; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the Nonpublic Postseconday Educational Institutions Act of 1990; to provide for definitions; to provide for the regulation of proprietary schools and postsecondary educational institutions; to provide for exemptions; to establish the Nonpublic Postseconday Education Commission; to provide for the selection, terms, qualifications, Page 1167 compensation, and expenses of members of the commission; to provide for the commission's organization, meetings, and vacancies; to establish the commission as a separate division of the Georgia Student Finance Commission; to assign the commission to the Georgia Student Finance Commission for administrative purposes only; to provide that the commission shall be a budget unit of the executive branch of state government; to provide for the commission's duties and powers; to provide that the executive director of the Georgia Student Finance Commission shall be the executive director of the commission; to provide for the powers, duties, and responsibilities of the executive director; to provide for minimum and alternative standards for nonpublic postsecondary educational institutions; to prohibit certain conduct relating to nonpublic postsecondary educational institutions and postsecondary activities; to provide that certain contracts will be unenforceable; to provide for applications and forms; to provide for authorization for branch facilities; to provide for grants and denials of authorization to operate and the contents, terms, and conditions thereof; to provide for renewals of authorizations to operate; to require approval prior to making certain course offerings; to provide for the regulation of agents; to provide for agents' permits, applications, and terms and renewal of permits; to provide for bonding requirements; to provide for fees; to provide for payment of costs of evaluation committees; to provide for denial of applications for authorization to operate and for agents' permits; to provide for denial of renewals and revocation of authorization to operate and agents' permits; to provide for conditional permits and authorizations; to provide for administrative and judicial review of decisions of the commission and the executive director; to provide for complaints against nonpublic postsecondary educational institutions and their agents and for cease and desist orders, restitution, and other disciplinary actions; to provide for preservation of records when certain operations may be discontinued; to provide for enforcement and injunctive actions; to provide situations in which nonpublic postsecondary educational institutions become subject to jurisdiction of the courts of this state and provide for service of summons; to provide for funds and appropriations; to provide for civil penalties and fines; to prohibit certain conduct and provide criminal penalties therefor; to continue in effect certain certificates of authorization and provide for transition; to provide for transfer of records, files, accounts, and related items to the newly created commission; to provide for the status of the executive director and other employees of the commission relative to the state merit system; to provide for retirement Page 1168 system membership; to provide for statutory construction; to repeal specifically Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Postseconday Educational Authorization Act of 1978, and Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the Georgia Proprietary School Act; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-18-22, relating to use by district attorneys of law students, and inserting in its place a new paragraph to read as follows: (3) `Law school' means a law school within this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8 or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on July 1, 1970. Section 2 . Said title is further amended by striking paragraph (3) of Code Section 15-20-3, relating to definitions regarding law school legal aid clinics, and inserting in its place a new paragraph to read as follows: (3) `Law school' means a law school in this state which is approved by the American Bar Association or which is authorized to operate under Code Section 20-3-250.8, or which was chartered and began operation in this state prior to February 10, 1937, and continued in operation in this state on March 28, 1967. Section 3 . Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding between Parts 1 and 2 of Article 7, relating to scholarships, loans, and grants, a new Part 1A to read as follows: Page 1169 Part 1A 20-3-250.1. This part shall be known and may be cited as the `Nonpublic Postsecondary Educational Institutions Act of 1990.' 20-3-250.2. As used in this part, the term: (1) `Agent' means any person owning any interest in, employed by, or representing for remuneration a nonpublic postsecondary educational institution within or outside this state who, by solicitation in any form made in this state, enrolls or seeks to enroll a resident of this state for education offered by such institution, or who offers to award educational credentials, for remuneration, on behalf of any such institution, or who holds himself out to residents of this state as representing a nonpublic postsecondary educational institution for any such purpose. (2) `Agent's permit' means a nontransferable written authorization issued to a natural person by the executive director which allows that person to solicit or enroll any resident of this state for education in a nonpublic postsecondary educational institution. (3) `Authorization to operate,' or like term, means authorization by the commission to operate or to contract to operate a nonpublic postsecondary educational institution in this state or to conduct nonpublic postsecondary activities. (4) `Certificate' means a diploma or similar document indicating satisfactory completion of training in a course offered by a proprietary school. (5) `Commission' means the Nonpublic Postsecondary Education Commission provided for in Code Section 20-3-250.4. (6) `Course' means any plan or program of instruction, whether conducted in person, by mail, or by any other method. Page 1170 (7) `Date of notice' means the date the notice is mailed by the executive director. (8) `Education' or `educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, or study. (9) `Educational credentials' means certificates, degrees, transcripts, reports, documents or letters of designation, marks, appellations, series of letters, numbers, or words which signify, purport, or are generally taken to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for education at a nonpublic postsecondary educational institution. (10) `Executive director' means the executive director of the Georgia Student Finance Commission. (11) `Entity' means, but is not limited to, any company, firm, society, association, partnership, corporation, or trust. (12) `Nonpublic' means a private postsecondary educational institution not established, operated, or governed by the State of Georgia, or any public or private postsecondary institution legally operating in another state or nation that conducts postsecondary activities in Georgia or offers postsecondary instruction leading to a postsecondary degree or certificate granted to Georgia residents from a location outside Georgia by correspondence or any telecommunications or electronic media technology. (13) `Notice to the postsecondary educational institutions' 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 part. (14) `Owner' of a postsecondary educational institution means: (A) In the case of a postsecondary educational institution owned by an individual, that individual; Page 1171 (B) In the case of a postsecondary educational institution owned by a partnership, all full, silent, and limited partners; and (C) In the case of a postsecondary educational institution owned by a corporation, the corporation and each shareholder owning shares of issued and outstanding stock aggregating at least 10 percent of the total of the issued and outstanding shares. (15) `Person' means any individual, firm, partnership, association, corporation, or other private entity. (16) `Postsecondary degree' means a credential conferring on the recipient thereof the title of `Associate,' `Bachelor,' `Master,' or `Doctor,' or an equivalent title, signifying educational attainment based on: (A) Study; (B) A substitute for study in the form of equivalent experience or achievement testing; or (C) A combination of the foregoing, provided that, `postsecondary degree' shall not include any honorary degree or other so-called `unearned' degree. (17) `Postsecondary activity' means awarding a postsecondary degree or certificate or conducting or offering study, experience, or testing for an individual, or certifying prior successful completion by an individual of study, experience, or testing under the representation that the individual successfully completing the study, experience, or testing will be awarded therefor, at least in part, a postsecondary degree or certificate. (18) `Postsecondary educational institution' means a postsecondary degree-granting nonpublic college or university or a proprietary school, offering instruction or educational services primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance or any sole proprietorship, group, partnership, venture, society, company, Page 1172 corporation, school, or consortium of colleges and universities that engages in, purports to engage in, or intends to engage in any type of postsecondary activity. (19) `Proprietary school' or `school' means any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within this state or solicits business within this state and which is not specifically exempted by Code Section 20-3-250.3, and: (A) Which offers or maintains a course or courses of instruction or study; and (B) At which place of business such a course or courses of instruction or study are available through classroom instruction or correspondence, or both, to a person or persons for the purpose of training such person for work in a business, trade, or technical or industrial occupation. (20) `School employee' means any person, other than any `owner' as defined in paragraph (14) of this Code section, who directly or indirectly receives compensation from a postsecondary educational institution for services rendered. (21) `Student' means any person who contracts to pay for and be the recipient of any course defined in paragraph (6) of this Code section. (22) `Support' or `supported' means the primary source or having as the primary source from which a school derives revenue to perform its operation. (23) `Telecommunications or electronic media technology' means a delivery mode which utilizes but is not limited to television, video cassette or disc, film, radio, computer, or other supportive devices which build upon the audio-video format. (24) `To grant' means awarding, selling, conferring, bestowing, or giving. Page 1173 (25) `To offer' means, in addition to its usual meanings, advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described. (26) `To operate' an educational institution, or like term, means to establish, keep, or maintain any facility or location in this state where, from which, or through which education is offered or given or educational credentials are offered or granted and includes contracting with any person, group, or entity to perform any such act and to conduct postsecondary activities within this state or from a location outside of this state by correspondence or by any telecommunications or electronic media technology. 20-3-250.3. (a) The following education and postsecondary educational institutions are exempted from this part: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, and governed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, ministerial training, or training for other church related Page 1174 work, provided such institutions do not charge student fees or tuition exceeding $250.00 per student per academic quarter or the equivalent or grant postsecondary degrees of a nonreligious nature; (7) Nonpublic law schools not accredited by the American Bar Association which are subject to the regulations and standards established by the Georgia Supreme Court for such schools; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation; (9) A school where the total instructional program is review or preparation for a specific examination and where the student's occupational training already makes the student eligible to sit for the examination; (10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university prior to July 1, 1989, and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; (11) A school regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3-250.11; (12) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is Page 1175 accredited by a regional or national accrediting agency recognized by the United States Department of Education; and (13) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $400.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $400.00 in any one calendar year. (b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part. 20-3-250.4. (a) There is established the Nonpublic Postsecondary Education Commission consisting of 12 members who shall be appointed by the Governor and confirmed by the Senate. One member shall be appointed from each congressional district and the remaining members shall be appointed as at-large members. The first members appointed to the commission shall be appointed for terms of office beginning July 1, 1991, with four of those members to serve initial terms of one year each, four of those members to serve initial terms of two years each, and four of those members to serve initial terms of three years each. The initial terms of office shall be specified in the appointment. After these initial terms, members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms. (b) Two members of the commission shall be appointed to represent nonpublic postsecondary educational institutions and two members shall be appointed to represent nonpublic proprietary schools. The remaining members shall not be employed by or otherwise represent or have an interest in any Page 1176 nonpublic postsecondary educational institution or nonpublic proprietary school. (c) The commission shall elect from its members a chairperson, a vice chairperson, and such other officers as are considered necessary, each to serve for a one-year term. Officers may be elected to succeed themselves. (d) Vacancies on the commission, except those caused by expiration of term, shall be filled by the Governor's appointing a successor who meets the requirement for the vacated position and who shall be confirmed by the Senate to serve for the remainder of the unexpired term of office. (e) The commission shall meet at least quarterly on the call of the chairperson or upon the written petition of at least six members of the commission. (f) The members of the commission shall serve without compensation, but on presentation of a voucher authorized by the chairperson of the commission and approved by the executive director, each member shall be entitled to receive for each day's expenses incurred while carrying out official commission business the same daily expense allowance and travel or mileage allowance as that authorized for members of the General Assembly. (g) A majority of the commission shall constitute a quorum for the conduct of business, but not less than six voting members must concur in order for the commission to take official action. (h) Any person appointed to the commission when the Senate is not in session may serve on the commission without Senate confirmation until the Senate acts on that appointment. 20-3-250.5. (a) The commission shall be a separate division of the Georgia Student Finance Commission and is assigned to the Georgia Student Finance Commission for administrative purposes only. The commission shall be a budget unit of the executive branch of the state government. Page 1177 (b) The commission shall have the following powers and duties: (1) To establish and promulgate standards, rules, regulations, and policies for carrying out the provisions of this part and for the orderly operation of the commission. To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, commission, or other agency of the state, and such agency shall provide such information as will enable the commission to exercise properly its powers and perform its duties under this part; (2) To establish minimum criteria in conformity with Code Section 20-3-250.6, including quality of education, ethical and business practices, health and safety, and fiscal responsibility which applicants for authorization to operate or for an agent's permit shall meet before such authorization or permit may be issued, and to continue such authorization or permit in effect. The criteria to be developed under this paragraph shall be such as will effectuate the purposes of this part but will not unreasonably hinder legitimate educational innovation; (3) To negotiate and enter into interstate reciprocity agreements with similar agencies in other states if, in the judgment of the commission, such agreements are or will be helpful in effectuating the purposes of this part; but nothing contained in any such reciprocity agreement shall be construed as limiting the commission's or the executive director's powers, duties, and responsibilities with respect to investigating independently or acting upon any application for authorization to operate or for renewal of such authorization to operate a nonpublic postsecondary educational institution, or upon an application for issuance or renewal of any agent's permit, or with respect to the enforcement of any provision of this part, or of any of the rules or regulations promulgated under this part; (4) To promulgate rules, regulations, and procedures necessary or appropriate for the conduct of its work and the implementation of this part, and to hold such hearings as it may deem advisable or as required by law in developing Page 1178 such rules, regulations, and procedures, or in aid of any investigation or inquiry; (5) To delegate to the executive director such administrative powers and duties, in addition to those powers and duties of the executive director otherwise specified in this part, as may be reasonably necessary to carry out effectively this part and to establish such administrative organization and procedures as may be reasonably necessary to carry out this part; (6) To exercise other powers and duties implied but not enumerated in this subsection but in conformity with this part which, in the judgment of the commission, are necessary in order to carry out this part; (7) To submit annually to the House University System of Georgia Committee, to the House and Senate Education Committees, and to the Senate Higher Education Committee an annual written report summarizing the activities of the commission in regard to its responsibilities, activities, and administration of this part; (8) To receive and hold title to property, equipment, money, and materials; and (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activities the commission deems necessary. (c) The executive director of the Georgia Student Finance Commission shall be the executive director of the commission. The executive director shall administer the provisions of this part as provided in this subsection and as provided by rules, regulations, and policies of the commission. The executive director shall have the following powers and duties: (1) To employ such personnel as may be necessary to carry out the provisions of this part and in connection therewith to develop job descriptions for such personnel; Page 1179 (2) To receive, investigate as he may deem necessary, and act upon applications for authorization to operate nonpublic postsecondary educational institutions and upon applications for agents' permits; (3) To maintain a list of nonpublic postsecondary educational institutions and agents authorized to operate in this state under this part. Such list shall be available for the information of the public; (4) To receive and cause to be maintained as a permanent file copies of academic records in conformity with Code Section 20-3-250.17; (5) To investigate as he may deem necessary on his own initiative or in response to any complaint lodged with him any person, group, or entity subject to, or reasonably believed by him to be subject to, the jurisdiction of this part; and, in connection therewith, to subpoena any persons, books, records, or documents pertaining to such investigation, which subpoenas shall be enforceable by any court of this state; to require answers in writing under oath to questions propounded by him; and to administer an oath or affirmation to any person in connection with any investigation; and (6) To administer compliance with this part in accordance with standards, rules, regulations, and policies of the commission. 20-3-250.6. (a) In establishing the criteria required by paragraph (2) of subsection (b) of Code Section 20-3-250.5, the commission shall observe and shall require compliance with the following minimum standards: (1) A nonpublic postsecondary educational institution must be maintained and operated, or, in the case of a new institution, it must demonstrate that it can be maintained and operated in compliance with the following minimum standards: (A) That the quality and content of each course or program of instruction, training, or study are such as Page 1180 may reasonably and adequately achieve the stated objective for which the course or program is offered; (B) That the institution has adequate space, equipment, library and physical facilities, instructional materials, and personnel to provide education of good quality; (C) That the education and experience qualifications of directors, administrators, supervisors, and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study and that each instructor shall satisfactorily meet educational qualifications and other requirements established by the commission; (D) That the institution provides students and other interested persons with a catalog or other written description containing information describing the programs offered; program objectives; length of program; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; prior year's enrollment, graduation, and job placement rates; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the executive director or defined in the rules and regulations of the commission; and that such information is provided to prospective students prior to enrollment; (E) That upon satisfactory completion of training, the student is given appropriate educational credentials by such institution indicating that such course or courses of instruction or study have been satisfactorily completed by said student; (F) That adequate records are maintained by the institution to show attendance, progress, or grades and that satisfactory standards are enforced relating to attendance, progress, and performance; Page 1181 (G) That the institution is maintained and operated in compliance with all pertinent ordinances and laws including rules and regulations, relative to the safety and health of all persons upon the premises; (H) That the institution is financially sound and capable of fulfilling its commitments to students; (I) That neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type which are false, deceptive, misleading, or unfair; (J) That the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors are of good reputation and character and that each institution has an education director who meets the requirements established by the commission for such position which requirements shall be substantially related to the predominant course offerings at that institution; (K) That the student housing owned, maintained, or approved by the institution, if any, is appropriate, safe, and adequate and meets all local fire, safety, and health codes; (L) That the institution has and maintains a reasonable and proper policy for the refund of the unused portion of tuition, fees, housing or dormitory fees, and any other charges in the event a student enrolled by the school fails to begin a course or withdraws or is discontinued therefrom at any time prior to completion, which policy shall take into account those costs to the school that are not diminished by the failure of the student to enter or complete the course of instruction; (M) That the institution maintains a policy of allowing any student a minimum of 72 hours from the date of the contract or agreement to cancel any contract or rescind any agreement to become a student at the institution and that in the event of any such cancellation or rescission, the student shall receive a refund of Page 1182 the total tuition and fees, if any, paid to the institution at the time of or in connection with the execution of the contract or agreement and that such policy shall be a clearly stated part of any written contract or agreement required of students attending the institution; and (N) That the institution posts continuously in a conspicuous place a notice, in such form as required by the commission, which sets forth the procedures for filing a complaint with the commission for any alleged violation of this part. (2) An applicant for an agent's permit shall be an individual of good reputation and character and shall represent only a nonpublic postsecondary educational institution or institutions which meet the minimum standards established in this Code section and the criteria established under paragraph (2) of subsection (b) of Code Section 20-3-250.5. (b) In lieu of the criteria set forth in subsection (a) of this Code section, or in addition thereto, the executive director, for good cause shown and with the advice of the commission, may amend, modify, substitute, or alter the terms of such criteria as necessary and advisable because of the specialized nature and objective of the operation of the postsecondary educational institution. (c) Institutions otherwise exempt from the provisions of this part under paragraphs (10) and (12) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(1)(H) of this Code section, and because of such requirement, each such institution shall provide the commission with an annual audit performed by an independent certified public accountant. In addition thereto, institutions otherwise exempt from the provisions of this part under paragraph (10) of subsection (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8 and 20-3-250.10. The commission shall issue an annual report to the Governor and to the General Assembly summarizing its findings from its review of annual audits required by this subsection. Page 1183 20-3-250.7. (a) No person, agent, group, or entity of whatever kind, alone or in concert with others, shall: (1) Operate in this state a nonpublic postsecondary educational institution, conduct postsecondary activities in this state, or offer postsecondary instruction leading to a postsecondary degree or certificate to Georgia residents from a location outside the state by correspondence or any telecommunications or electronic media technology unless issued a current certificate of valid authorization; (2) Offer, as or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution not exempted from this part, whether such institution is within or outside this state, unless such agent is a natural person and has a currently valid agent's permit issued pursuant to this part; or accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; but the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without such permit; (3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose, enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether such person, agent, group, or entity is located within or outside this state, unless such person, agent, group, or entity observes and is in compliance with the minimum standards set forth in Code Section 20-3-250.6, the criteria established by the commission pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and the rules and regulations adopted by the commission; (4) Use the term `university' or `college' without authorization to do so from the commission; or (5) Grant, or offer to grant, postsecondary degrees, diplomas, certificates, or honorary or unearned degrees without authorization to do so from the commission. Page 1184 (b) No person, firm, or institution shall sell, barter, or exchange for any consideration or attempt to sell, barter, or exchange for any consideration any postsecondary degree, diploma, or certificate. (c) No person, firm, or institution shall use, or attempt to use, in connection with any business, trade, profession, or occupation any postsecondary certificate, degree, or certification of degree or degree credit including, but not limited to, a transcript of course work, which the person, firm, or institution knows was fraudulently issued, obtained, forged, or materially altered. (d) Any contract entered into with any person for any course of instruction by or on behalf of any owner, school employee, or representative of a nonpublic postsecondary educational institution subject to this part to which a certificate of authorization has not been issued shall be unenforceable in any action brought thereon. 20-3-250.8. (a) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11, except that those schools exempt from certain provisions of this part pursuant to the provisions of paragraph (11) of subsection (a) of Code Section 20-3-250.3 shall be required to submit only evidence of a surety bond or bonds as required by Code Section 20-3-250.10 when making application to the commission for authorization to operate. (b) A nonpublic postsecondary educational institution shall not operate or conduct postsecondary activities in any building in which that institution did not previously operate or conduct postsecondary activities unless the institution obtains Page 1185 authorization to operate or conduct those activities in that building as a branch facility. An application for authorization to operate any branch facility shall be accompanied by catalogs, other written documents, evidence of bond, and payment of fees as required for an initial application pursuant to subsection (a) of this Code section. (c) Following review of such application and any further information submitted by the applicant or required by the executive director, an on-site inspection of the physical facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. A grant of authorization to operate may be on such terms and conditions as the executive director may specify. (d) The authorization to operate 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 authorization; (2) The correct name and address of the institution so authorized; (3) The authority for authorization and conditions thereof; (4) Any limitation of the authorization, as deemed necessary by the executive director; (5) The signature of the executive director or such person as may have been designated by the executive director; and (6) Any other fair and reasonable representations consistent with this part and deemed necessary by the executive director. Page 1186 (e) The term for which authorization is given shall not extend for more than one year and may be issued for a lesser period of time. (f) The authorization to operate shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change in ownership of the institution, a new owner or governing body must, within ten days after the change in ownership, apply for a new authorization to operate; and in the event of failure to do so, the institution's authorization to operate shall terminate. Application for a new authorization to operate by reason of change in ownership of the institution shall, for purposes of subsection (b) of Code Section 20-3-250.12, be deemed an application for renewal of the institution's authorization to operate. (g) At least 90 days prior to the expiration of an authorization to operate, the institution shall complete and file with the executive director an application form for renewal of its authorization to operate. Such renewal application shall be reviewed and acted upon as provided in subsections (c) through (f) of this Code section. (h) An institution not yet in operation when its application for authorization to operate is filed may not begin operation or conduct any postsecondary activities until receipt of authorization. (i) Each nonpublic postsecondary educational institution which has been granted an authorization to operate or conduct postsecondary activities in this state shall obtain approval from the executive director before it offers any course not offered by the institution at the time its initial authorization was granted or upon July 1, 1991, whichever is later. The commission by regulation shall establish procedures and standards for approval of such additional course offerings. 20-3-250.9. (a) Each person desiring to solicit or perform the services of an agent in this state shall make application to the executive director upon forms to be provided by the commission. Such application shall be accompanied by evidence of the good reputation and character of the applicant in a form to be prescribed by the commission and shall state the Page 1187 institution or institutions which the applicant intends to represent. An agent representing more than one institution must obtain a separate agent's permit for each institution represented, but when an agent represents institutions having a common ownership, only one agent's permit shall be required with respect to such institutions. In the event any institution which the applicant intends to represent does not have authorization to operate in this state, such application shall be accompanied by the information required of institutions making application for such authorization. Such application for an agent's permit shall also be accompanied by evidence of a surety bond as required by Code Section 20-3-250.10 and payment of the fees specified by Code Section 20-3-250.11. (b) Following review of such application and any further information submitted by the applicant or required by the executive director and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny an agent's permit to the applicant. (c) The agent's permit shall be in a form 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; (2) The correct name and address of the agent; and (3) The institution or institutions which such agent is authorized to represent. (d) The term for which an agent's permit is issued shall not extend for more than one year and may be issued for a lesser period of time. (e) At least 60 days prior to the expiration of an agent's permit, the agent shall complete and file with the executive director an application form for renewal of the permit. Such renewal application shall be reviewed and acted upon as provided in subsections (b) through (d) of this Code section. Page 1188 20-3-250.10. (a) At the time an initial application or application for a branch facility is made for authorization to operate, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the minimum amount of the bond required by subsection (a) of this Code section shall be based on the total maximum head count enrollment of the nonpublic postsecondary educational institution during the previous year or on the estimated head count enrollment for the current year, whichever is larger, and shall be as follows: Maximum Enrollment Minimum Bond 0-50 $ 20,000.00 51-100 30,000.00 101-200 50,000.00 201-300 75,000.00 301-400 100,000.00 401 and over 150,000.00 (2) As an alternative to the amount of the bond determined under paragraph (1) of this subsection, the nonpublic postsecondary educational institution shall have the option of filing a bond in an amount equal to total tuition collected by the institution during the previous year or the estimated total tuition for the current year, whichever is larger; provided, however, the amount so determined shall be rounded off to the next highest $1,000.00. (c) An application for an agent's permit shall be accompanied by a good and sufficient surety bond in a penal sum of $5,000.00. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one agent for a postsecondary educational institution, but it shall cover each agent for such institution in a penal sum of $5,000.00. The bond shall be conditioned to provide indemnification to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by said agent and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (d) If the bond filed with the initial application to operate remains in effect, it shall be sufficient when an application is made for the renewal of authorization to operate, unless the amount of the bond must be increased because of increased enrollment to comply with requirements of subsection (b) of this Code section. (e) The surety bond to be filed under this Code section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety shall be released as provided in this Code section. A surety on any bond filed under this Code section may be released therefrom after such surety shall serve written notice thereof on the executive director at least 30 days prior to such release; but such release Page 1190 shall not discharge or otherwise affect any claim theretofore or thereafter filed by a student or enrollee or that person's parent or guardian or class thereof for loss or damage resulting from any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto alleged to have occurred while such bond was in effect or from an institution's ceasing operations during the term for which tuition has been paid while such bond was in force. (f) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when such institution or agent is no longer covered by a surety bond as required by this Code section, but the executive director shall cause such institution or agent, or both, to receive at least 30 days' written notice prior to the release of the surety to the effect that such authorization or permit shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as the bond being terminated. (g) In lieu of the surety bond provided for in subsections (a) and (b) of this Code section, the commission by rule or regulation may authorize the director to accept a property bond when a principal of the nonpublic postsecondary educational institution owns property within the State of Georgia with sufficient equity therein to satisfy the requirements of subsection (b) of this Code section. 20-3-250.11. (a) Fees shall be collected by the executive director in such amounts as shall be established by the commission so that the total amount of those fees charged in each fiscal year of the commission shall approximate the total of the direct and indirect costs to the state of the operation of the commission for the immediately preceding fiscal year. The commission shall establish separate initial application and renewal fee schedules for degree-granting and nondegree-granting nonpublic postsecondary educational institutions based upon the commission's actual or projected costs to perform its duties and responsibilities with regard to those categories of institutions and, within those categories, based upon actual or projected enrollment of those institutions. The commission shall also establish initial and renewal fees for agents' permits. All fees collected pursuant to this part shall be deposited in the state treasury to the credit of the general fund, and no fees collected Page 1191 under this part shall be subject to refund. The fees to be collected by the commission under this part shall accompany an application for authorization to operate or an agent's permit. (b) The commission will pay all costs for evaluation committees that may be necessary to implement this part. 20-3-250.12. (a) If the executive director, upon review and consideration of an application for authorization to operate or for an agent's permit or for renewal thereof, shall determine that the applicant fails to meet the criteria established as provided in this part, the executive director shall so notify the applicant, setting forth the reasons therefor in writing, and shall deny the application. (b) The executive director may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the executive director its or his desire to meet the requirements of Code Section 20-3-250.6 and the criteria established pursuant to paragraph (2) of subsection (b) of Code Section 20-3-250.5, and if in the judgment of the executive director it would be reasonably possible for the applicant to meet such requirements and criteria within such time. (c) In the event the executive director denies an application for an agent's permit or for renewal thereof, he shall notify the institution or institutions which such agent represented or proposed to represent, according to the records of the commission, including the reasons therefor. 20-3-250.13. (a) An authorization to operate or an agent's permit may be revoked or made conditional after its issuance if the executive director has reasonable cause to believe that the holder of such authorization or permit has violated or is violating this part or any rules and regulations promulgated pursuant thereto. Prior to such revocation or imposition of condition, the executive director shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a Page 1192 hearing is requested, in writing, within ten days of receipt of such notice, the executive director shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part or rules and regulations promulgated pursuant to this part. (b) If a hearing is requested as provided in subsection (a) of this Code section, such hearing shall be conducted as provided in subsection (d) of Code Section 20-3-250.15, and the holder of the authorization or permit shall have the rights set forth in that Code section. The decision of the commission shall be made as provided in subsection (e) of Code Section 20-3-250.15 and shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. In the event an agent's permit is revoked or a condition is imposed thereon, the executive director shall notify the institution or institutions which such agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing. 20-3-250.14. (a) Any person claiming damage or loss as a result of any act or practice by a nonpublic postsecondary educational institution or its agent, or both, which is a violation of this part or of the rules and regulations promulgated pursuant thereto may file with the executive director a verified complaint against such institution or against its agent, or both. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint may also be filed with the executive director by the commission's representatives or by the Attorney General. A complainant may also file with the executive director as a representative of a class of complainants. (b) The executive director shall investigate any such complaint and may, at his discretion, attempt to effectuate a settlement by persuasion and conciliation. The executive director may consider a complaint after ten days' written notice sent by registered or certified mail, return receipt requested, to such institution or to such agent, or both, as appropriate, giving notice of a time and place for hearing thereon. Such hearing Page 1193 shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (c) If, based upon all the evidence at a hearing, the executive director shall find that a nonpublic postsecondary educational institution or its agent, or both, have engaged in or are engaging in any act or practice which violates this part or the rules and regulations promulgated pursuant thereto, the executive director shall issue and cause to be served upon such institution or agent, or both, an order requiring such institution or agent, or both, to cease and desist from such act or practice. Additionally, if the executive director shall find that the complainant or class of complainants has suffered loss or damage as a result of such act or practice, the executive director may, at his discretion, award the complainant or class of complainants full or partial restitution for such damage or loss and may impose the penalties provided for in Code Section 20-3-250.21. The executive director may also, as appropriate, based on his own investigation or the evidence adduced at such hearing or on the basis of such investigation and evidence, commence an action to revoke an institution's authorization to operate or revoke an agent's permit. 20-3-250.15. (a) Any person aggrieved by a decision of the executive director respecting denial of an authorization to operate or of an agent's permit or the placing of conditions thereon, whether on initial application or on application for renewal, or by a decision of the executive director revoking an institution's authorization to operate or an agent's permit and any person aggrieved by the imposition of a penalty by the executive director under Code Section 20-3-250.21 shall have the right to a hearing and review of such decision by the commission as provided in this Code section. (b) If, upon written notification of any such action taken by the executive director, the aggrieved party desires a hearing and review, such party shall notify the executive director, in writing, within ten days after the giving of notice of such action; otherwise such action shall be deemed final. (c) Upon receiving such notice from the aggrieved party, the executive director, after consultation with the commission, Page 1194 shall fix the time and place for a hearing by the commission within 30 days and shall notify the aggrieved party thereof. (d) At such hearing the party may employ counsel, shall have the right to hear the evidence upon which the action is based, and may present evidence in opposition or in extenuation. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any member of the commission may preside except where a clear conflict of interest may be demonstrated. (e) A decision of the commission following a hearing, or on expiration of the time for demand of a hearing if no such demand is filed, shall be deemed final, subject to the right of judicial review provided for by Code Section 20-3-250.16. All matters presented by hearing as provided in this Code section shall be acted upon promptly by the commission, and the commission shall notify all parties in writing of its decision, which shall include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof. 20-3-250.16. (a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section. (b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission's action becomes effective. (c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings. (d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all Page 1195 pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court. (e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was: (1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation; (5) Not in accord with the procedures or procedural limitations of this part or otherwise required by law; (6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or (7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate. (f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action. 20-3-250.17. In the event any nonpublic postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operations, the chief administrative officer, by whatever title designated, of such institution shall cause to be filed with the executive director the original or legible true copies of all such academic records of such institution as may be specified by the executive director. Such records Page 1196 shall include, at a minimum, such information as is customarily required by colleges or proprietary schools when considering students for transfer or advanced study and, as a separate document, the academic record of each former student. In the event it appears to the executive director that any such records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the executive director, the executive director may, with court order, seize and take possession of such records, subject to the confidentiality accorded normal school records. The executive director shall maintain or cause to be maintained a permanent file of such records coming into his possession. 20-3-250.18. (a) The Attorney General of this state or the district attorney of any judicial circuit in which a nonpublic postsecondary educational institution or an agent thereof is found, at the request of the executive director or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this part. (b) Whenever it shall appear to the executive director that any person, agent, group, or entity is about to violate or has been violating any of the provisions of this part or any of the lawful rules, regulations, or orders of the executive director, the executive director may, on his own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against such person, group, or entity for the purpose of enjoining such violation or for an order directing compliance with this part and all rules, regulations, and orders issued pursuant thereto. It shall not be necessary that the executive director allege or prove that he has no adequate remedy at law. The right of injunction provided in this Code section shall be in addition to any other legal remedy which the executive director has and shall be in addition to any right of criminal prosecution provided by law, but the executive director shall not obtain a temporary restraining order without notice to the person, group, or entity affected. The existence of an action of the executive director with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this Code section. Page 1197 20-3-250.19. Any nonpublic postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, which conducts postsecondary activities or which instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether such instruction or services are provided in person or by correspondence or by telecommunications or electronic media technology, to a resident of this state or which offers to award or awards any educational credentials to a resident of this state submits such institution and, if a natural person, his personal representative to the jurisdiction of the courts of this state concerning any cause of action arising therefrom and for the purpose of enforcement of this part by injunction pursuant to Code Section 20-3-250.18. Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by Chapter 11 of Title 9, the `Georgia Civil Practice Act,' with the same force and effect as if the summons had been personally served within this state. Nothing contained in this Code section shall limit or affect the right to serve any process as prescribed by Chapter 11 of Title 9. 20-3-250.20. The commission, through the executive director, shall request funds for the administration of this part, and the General Assembly shall appropriate such funds as deemed adequate and necessary. 20-3-250.21. Any person, group, or entity or any owner, officer, agent, or employee thereof who shall willfully violate Code Section 20-3-250.7 or who shall fail or refuse to deposit with the executive director the records required by Code Section 20-3-250.17 shall be subject to a civil penalty not to exceed $1,000.00 for each violation. Each day's failure to comply with such Code sections shall be a separate violation. Such fine may be imposed by the executive director in an administrative proceeding or by any court of competent jurisdiction. The commission shall adopt a schedule of regularly imposed fines for violations of this part and shall have such schedule published by the executive director. Page 1198 20-3-250.22. (a) No person shall: (1) Operate a nonpublic postsecondary educational institution without a certificate of authorization issued by the executive director or use the words `college' or `university' in the name of such institution located in Georgia unless it was doing so prior to July 1, 1985, or is otherwise authorized to do so under this part; (2) Solicit prospective students without being bonded as required in Code Section 20-3-250.10; (3) Make or cause to be made any statement or representation, oral, written, or visual, in connection with the offering or publicizing of a course, if such person knows or reasonably should have known the statement or representation to be false, deceptive, substantially inaccurate, or misleading; (4) Promise or guarantee employment utilizing information, training, or skill purported to be provided or otherwise enhanced by a course, unless the promiser or guarantor offers the student or prospective student a bona fide contract of employment agreeing to employ said student or prospective student for a specified period of time in a business or other enterprise regularly conducted by him and if such information, training, or skill is a normal condition of employment; or (5) Do any act constituting part of the conduct or administration of a course or the obtaining of students thereof, if such person knows or reasonably should know that any phase or incident of the conduct or administration of the course is being carried on by the use of fraud, deception, or other misrepresentation or by any person soliciting students without a permit. (b) Any person, group, or entity or any owner, officer, agent, or employee thereof who willfully violates Code Section 20-3-250.7 or subsection (a) of this Code section, or who willfully fails or refuses to deposit with the executive director the records required by Code Section 20-3-250.17 shall be guilty of a misdemeanor. Each day's failure to comply with such Code Page 1199 sections shall be a separate violation. Such criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the Attorney General or a district attorney pursuant to Code Section 20-3-250.18. 20-3-250.23. All certificates of authorization previously issued under either Article 3 of this chapter, the `Postsecondary Educational Authorization Act of 1978,' or Article 4 of Chapter 4 of this title, the `Georgia Proprietary School Act,' as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until such certificate can be renewed in accordance with the terms of this part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles. 20-3-250.24. All employees of the commission shall be subject to and covered by Article 1 of Chapter 20 of Title 45, but the position of executive director and such other employee positions as may be determined by the commission to be exempt from the classified service pursuant to that article shall be exempt unclassified positions, and the commission shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the commission. Such employees shall continue as members of the Teachers Retirement System of Georgia. 20-3-250.25. All records, files, accounts, and related items utilized in the administration of the `Georgia Proprietary School Act,' or the `Postsecondary Educational Authorization Act of 1978,' are transferred from the State Board of Education to the commission and executive director. 20-3-250.26. Nothing in this part shall be construed to limit a state examining board's authority, as granted by Title 43, to regulate and govern the curriculum, course requirements, instructor qualifications, and other educational activities of nonpublic postsecondary educational institutions. Page 1200 Section 4 . Article 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Postsecondary Educational Authorization Act of 1978 is repealed in its entirety and the following is substituted in lieu of said repealed article: ARTICLE 3 RESERVED. Section 5 . Article 4 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, the Georgia Proprietary School Act, is repealed in its entirety and the following is substituted in lieu of said repealed article: ARTICLE 4 RESERVED. Section 6 . This Act shall become effective on July 1, 1991, except that this Act shall be effective on July 1, 1990, for the purpose of allowing the Governor to screen and select persons for appointment to the Nonpublic Postsecondary Education Commission on July 1, 1991, and for the purpose of beginning the transfer of records, files, and accounts as specified in Code Section 20-3-250.25 and for other administrative purposes as necessary to prepare for the implementation of this Act on July 1, 1991. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1201 ENVIRONMENTAL PROTECTIONPERMIT REQUIRED TO OPERATE COMBINED SEWER OVERFLOW SYSTEM. Code Section 12-5-30.2 Enacted. No. 1272 (Senate Bill No. 605). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require every person owning or operating a combined sewer overflow system to obtain a permit for such use from the director of the Environmental Protection Division of the Department of Natural Resources; to provide a definition; to authorize the director to require the submission of certain information; to authorize the director to place certain conditions on such permits; to provide for the term of such permits; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by inserting immediately following Code Section 12-5-30.1 a new Code Section 12-5-30.2 to read as follows: 12-5-30.2. (a) As used in this Code section, the term `combined sewer overflow' or `CSO` means a sewage system so designed or constructed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a discharge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of the state. (b) After March 31, 1991, no person shall operate a CSO in this state unless he has obtained a permit to do so from the director. The director, under the conditions he prescribes, shall Page 1202 require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. (c) The director is authorized to require as conditions in permits issued under this Code section the achievement of effluent limitations established pursuant to this article. In imposing effluent limitations as conditions in such permits, the director shall base his determination upon the assessment of technology and processes unrelated to the quality of receiving waters of this state. Effluent limitations required as conditions of such permits shall be achieved in the shortest reasonable period of time consistent with state law and the Federal Water Pollution Control Act, as amended. The director is further authorized to set schedules of compliance and include such schedules within the terms and conditions of such permits for the operation of a CSO and to prescribe terms and conditions for such permits to assure compliance with applicable effluent limitations and water quality criteria established pursuant to this article, including, but not limited to, requirements concerning recording, reporting, monitoring, and inspection to the extent permissible under this article and such other requirements as are consistent with the purposes of this article. (d) Each permit issued pursuant to this Code section shall have a fixed term of five years and may be renewed by the director in accordance with such guidelines as he shall prescribe but only after the director has issued a written finding, based upon actual investigation, that the applicant has substantially followed any schedules of compliance established pursuant to subsection (c) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1203 PHOSPHORUSRETAIL SALE OF CERTAIN CLEANING AGENTS PROHIBITED. Code Section 12-5-27.1 Amended. No. 1273 (Senate Bill No. 696). 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 change the provisions relating to low phosphorus household laundry detergents; to provide for a statement of purpose; to provide for definitions; to prohibit the sale at retail, or use of certain cleaning agents containing phosphorus; to provide for exceptions; to provide for enforcement by local governments; to provide for penalties; 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 striking Code Section 12-5-27.1, relating to authority of local government entity to mandate retail sale of low phosphorus household laundry detergents, which reads 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 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 Page 1204 limit of 0.5 percent of phosphorus by weight which may be allowed in household laundry detergents., and inserting in lieu thereof a new Code Section 12-5-27.1 to read as follows: 12-5-27.1. (a) The General Assembly seeks, through the enactment of this Code section, to set standards limiting the amount of nutrients in various cleaning agents. The General Assembly realizes that the nutrients contained in many of these products serve a valuable purpose in increasing their overall effectiveness, but the General Assembly is also aware that they overstimulate the growth of aquatic life and are causing, and will eventually lead to, an acceleration of the natural eutrophication process of our state's water resources which can result in a lower quality of life and thereby create an undesirable environment in which the citizens of the state would not want to live and do business. Limitations imposed under this Code section should, however, be made taking the following factors into consideration: (1) The availability of safe, nonpolluting substitutes; and (2) The differing needs of industrial, commercial, and household users of cleaning agents. (b) As used in this Code section, the term: (1) `Cleaning agent' means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes. (2) `Nutrient' means a substance or combination of substances which, if added to waters in sufficient qualities, provides nourishment that promotes growth of aquatic vegetation in densities which: (A) Interfere with use of the waters by humans or by any animal, fish, or plant useful to humans; or Page 1205 (B) Contribute to degradation or alteration of the quality of the waters to an extent detrimental to their use by humans or by any animal, fish, or plant that is useful to humans. (c) On or after January 1, 1991, it shall be unlawful to sell at retail or use in this state any cleaning agent containing phosphorus, except as otherwise provided in this Code section. (d) This Code section shall not apply to cleaning agents which are used: (1) In agricultural or dairy production; (2) To clean commercial food or beverage processing equipment or containers; (3) As industrial sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate; (4) In industrial processes for metal, fabric, or fiber cleaning and conditioning; (5) In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; (6) By a commercial laundry or textile rental service company or any other commercial entity: (A) To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics; (B) To clean textile products supplied to industrial or commercial users of the products on a rental basis; or (C) To clean professional, industrial, or commercial work uniforms; (7) In the manufacture of health care or veterinary supplies; Page 1206 (8) In any medical, biological, chemical, engineering, or other such laboratory, including those associated with any academic or research facility; (9) As water softeners, antiscale agents, or corrosion inhibitors, where such use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system; or (10) To clean hard surfaces including windows, sinks, counters, floors, ovens, food preparation surfaces, and plumbing fixtures. (e) This Code section shall not apply to cleaning agents which: (1) Are manufactured, stored, sold, or distributed for uses other than household laundry detergents or household or commercial dishwashing agents; (2) Contain phosphorus in an amount not exceeding 0.5 percent by weight which is incidental to manufacturing; or (3) Contain phosphorus in an amount not exceeding 8.7 percent by weight and which are intended for use in a commercial or household dishwashing machine. (f) This Code section shall not apply to any natural or commercial fertilizers. (g) Local governments shall be responsible for enforcement of the provisions of this Code section within their jurisdictions. Page 1207 (h) Any person violating the provisions of this Code section shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LAKESWATER QUALITY STANDARDS. Code Section 12-5-23.1 Enacted. No. 1274 (Senate Bill No. 714). AN ACT To amend Article 2 of Chapter 5 of Title 12, the Georgia Water Quality Control Act, so as to provide for water quality standards for lakes; to provide for a definition; to require water quality standards that maintain lakes as safe and suitable for fishing and swimming and for use as a public water supply; to provide for certain measurements in connection with water quality standards; to provide for standards for tributary streams; to provide for monitoring of lakes and swimming areas; to provide for comprehensive studies of lakes and for scientific reports in connection therewith; to provide for certain public hearings; to provide for the adoption of lake water quality standards by the Board of Natural Resources; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 5 of Title 12, the Georgia Water Quality Control Act, is amended by adding a new Code Section 12-5-23.1 immediately following Code Section 12-5-23 to read as follows: Page 1208 12-5-23.1. (a) As used in this Code section, the word `lake' means any publicly owned lake or reservoir located wholly or partially within this state which has a normal pool level surface average of 1,000 or more acres. (b) The director shall establish water quality standards for each lake which require the lake to be safe and suitable for fishing and swimming and for use as a public water supply, unless a use attainability analysis conducted within requirements of this article demonstrates such standards are unattainable. (c) (1) For purposes of this subsection, a multiple parameter approach for lake water quality standards shall be adopted. Numerical criteria including, but not limited to, those listed below shall be adopted for each lake: (A) pH (maximum and minimum); (B) Fecal coliform bacteria; (C) Chlorophyll a for designated areas determined as necessary to protect a specific use; (D) Total nitrogen; (E) Total phosphorus loading for the lake in pounds per acre feet per year; and (F) Dissolved oxygen in the epilimnion during periods of thermal stratification. (d) The standards for water quality of each lake shall take into account the geographic location of the lake within the state and the location of the lake within its watershed as well as horizontal and vertical variations of hydrological conditions within each lake. The director shall also establish nutrient limits for each of the lakes' major tributary streams, including streams with permitted discharges. Such limits shall be consistent with the requirements of subsection (b) of this Code section and shall be established on the basis of accepted limnological techniques and as necessary in accordance with the legal and technical principles for total maximum daily loads. The nutrient Page 1209 limits for tributary streams shall be established at the same time that the lake water quality standards are established. (e) After water quality standards are established for each lake and its tributary streams, the division shall monitor each lake on a regular basis to ensure that the lake reaches and maintains such standards. (f) The data from such monitoring shall be public information. The director shall have the authority to close a swimming area if data from samplings indicates, in the opinion of the director, that such action is necessary for public safety. (g) Provided funds are available from any source, there shall be a comprehensive study of each lake prior to adopting lake water quality standards for the lake. Study components and procedures will be established after consultation with local officials and affected organizations. The comprehensive study for Lake Sidney Lanier, Lake Walter F. George, and West Point Lake shall be initiated during 1990. At least three comprehensive studies for remaining lakes shall be initiated in each subsequent year. The duration of each study shall not exceed two years. A scientific report on each comprehensive study shall be published within 180 days after the completion of the study. Draft recommendations for numerical criteria for each of the water quality parameters will be simultaneously published, taking into account the scientific findings. A public notice of the draft recommendations, including a copy of the recommendations, will be made available to the public. Public notice in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall be provided for such recommendations. The notice shall be made available at least 30 days prior to board action in a regional public library or county courthouse. The recommendation will be provided to persons submitting a written request. A comment period of not less than 45 days nor more than 60 days will be provided. (h) The director or the director's designee shall conduct a public hearing within the above-referenced comment period in the vicinity of the lake before the final adoption of lake water quality standards for the lake. The director shall announce the date, time, place, and purpose of the public hearing at least 30 Page 1210 days prior to the hearing. A ten-day period subsequent to the hearing will be allowed for additional public comment. (i) The Department of Natural Resources will evaluate the comments received during the comment period and during the public hearing and will then develop recommended final standards and criteria for submission to the Board of Natural Resources for consideration and approval. (j) The final recommendations of the director for lake water quality standards shall be made to the Board of Natural Resources within 60 days after the close of the comment period subsequent to the public hearing provided for in subsection (h) of this Code section. The standards, with such modifications as the board may determine, shall be considered for adoption by the Board of Natural Resources within 60 days after receiving the recommendations from the director. Such standards shall be published by the department and made available to all interested local government officials and citizens of the area served by the lake. (k) At the discretion of the director, comment periods and deadlines set forth above may be extended, but in no circumstance shall more than one year elapse between the completion of the lake study and the adoption of the final recommendations. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1211 GEORGIA WATER QUALITY CONTROL ACTCIVIL PENALTY. Code Section 12-5-52 Amended. No. 1275 (Senate Bill No. 608). AN ACT To amend Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the Georgia Water Quality Control Act, so as to increase the maximum penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-5-52 of the Official Code of Georgia Annotated, relating to a civil penalty for violation of the provisions of Article 2 of Chapter 5 of Title 12, the Georgia Water Quality Control Act, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be liable to a civil penalty not to exceed $50,000.00 per day for each day during which such violation continues; provided, however, that a separate and later incident creating a violation within a 12 month period shall be liable for a civil penalty not to exceed $100,000.00 per day for each day during which such violation continues. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1212 BUILDINGS AND HOUSINGWATER FLOW REQUIREMENTS; PLUMBING FIXTURES. Code Section 8-2-1 Amended. Code Sections 8-2-2 and 8-2-3 Enacted. No. 1276 (House Bill No. 1827). AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to change requirements for toilets, shower heads, and faucets; to provide requirements for urinals; to define certain terms; to change certain exceptions from such requirements; to provide for applicability of such requirements to residential and commercial buildings; to provide for local enforcement as a condition of eligibility to receive certain loans, grants, or permits; to provide that such requirements shall not be construed as prohibiting local governments from adopting ordinances which provide stricter requirements; to provide for legislative findings and purpose; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, is amended by striking Code Section 8-2-1, relating to requirements for toilets, shower heads, and faucets, in its entirety and inserting new Code Sections 8-2-1, 8-2-2, and 8-2-3 to read as follows: 8-2-1. The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor water-using activities in the United States exceeds 18,000 gallons and that the demand for clean water supplies continues to increase despite the limitations of availability and affordability of such supplies. The General Page 1213 Assembly further finds that technology is available to improve the efficiency of plumbing products. 8-2-2. The purposes of this part are as follows: (1) To promote greater efficiency in residential and commercial water use and preserve the natural resources of this state; (2) To reduce consumer water and energy costs by reducing indoor water use, reducing the need for new water supplies and treatment facilities, lowering operation and maintenance costs for water and sewer utilities, and reducing the amount of energy used to heat, treat, and transport water; and (3) To generate consumer awareness of the need to save water and of the savings that can result from the use of efficient plumbing products. 8-2-3. (a) As used in this Code section, the term: (1) `Commercial' means any type of building other than residential. (2) `Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (3) `Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. (b) After July 1, 1991, there shall not be initiated within this state the construction of any residential building of any type which: (1) Employs a gravity tank-type, flushometer-valve, or flushmeter-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this Page 1214 paragraph shall not be applicable to one-piece toilets until July 1, 1992; (2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure; (3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush; (4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or (5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute. (c) On and after July 1, 1992, there shall not be initiated within this state the construction of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after July 1, 1991, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both. (e) Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b), (c), and (d) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building; Page 1215 (2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed; (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed are: (A) Specifically designed for use by the handicapped; (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Toilets for juveniles. (f) The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to July 1, 1991, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992. (h) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor. (i) Before July 1, 1991, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits: (1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or Page 1216 (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority. (j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COMBINED SEWER OVERFLOWSELIMINATION OR TREATMENT OF SEWAGE OVERFLOW. Code Section 12-5-29.1 Enacted. No. 1277 (Senate Bill No. 606). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to require any person owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide definitions; to provide the minimum contents of such plan; to provide for 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 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by inserting immediately Page 1217 following Code Section 12-5-29 a new Code Section 12-5-29.1 to read as follows: 12-5-29.1. (a) As used in this Code section, the term: (1) `Combined sewer overflow' or `CSO' means a sewage system so designed or constructed as to allow surface-water runoff to enter the conduit carrying sewage, industrial waste, or other waste and, when such conduit exceeds its maximum capacity, allows a discharge which by-passes the normal treatment works integral to such sewage system and allows untreated or incompletely treated sewage, industrial waste, or other waste to flow, directly or indirectly, into the waters of this state. (2) `Sewage overflow' means that untreated sewage, industrial waste, or other waste which is discharged when a CSO exceeds its maximum capacity so that such material by-passes the normal treatment works integral to such sewage system and flows untreated or incompletely treated into the waters of this state. (b) Any person who owns or operates a CSO in this state on July 1, 1990, shall devise and submit to the director for approval a detailed plan to eliminate sewage overflow or to treat sewage overflow so that all water flowing from such CSO into the waters of this state shall meet standards of water purity and permit limits for publicly owned waste-water treatment facilities with combined sewer overflows established by the division or by the federal Environmental Protection Agency under the provisions of the Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. Section 1251 and following, as amended by the Clean Water Act of 1977 (P.L. 95-217). (c) The plan required by subsection (b) of this Code section shall include, as a minimum, provision for realistic implementation of means to eliminate sewage overflow or effectuate treatment of overflow to meet or exceed such water purity standards by not later than December 31, 1993; (d) The plan required by subsection (b) of this Code section shall be submitted to the director not later than December Page 1218 31, 1990. Any person who fails to obtain approval and implement an approved plan by December 31, 1993, shall, after that date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Section 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer inlets to such sewer system. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MARINE TOILETSREQUIREMENTS FOR CERTAIN LAKES. Code Sections 12-5-29, 52-7-3, and 52-7-8.1 Amended. No. 1278 (House Bill No. 1807). AN ACT To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to float a vessel on certain lakes with a toilet that is not designed for no discharge and to fail to display a certificate of compliance; to amend Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Boat Safety Act, so as to expand the definition of protected fresh waters; 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 and the use of vessels with marine toilets on protected fresh waters, so as to provide for findings and for a declaration of the intent of the General Assembly to prohibit the discharge of sewage from vessels into certain lakes; to provide that it shall be unlawful to operate or float a vessel on certain lakes with a toilet that is not designed for no discharge; to provide that compliance shall be achieved by July 1, 1991, for vessels being operated or floated on Page 1219 certain lakes and that after such date persons renewing registrations for affected vessels must certify compliance on their next date of renewal; to provide that persons registering affected vessels after July 1, 1991, for vessels to be operated or floated on certain lakes must comply; to require that any vessel operated or floated on certain lakes which has a marine toilet must be registered and a certificate must be obtained; to provide for an exception for boats manufactured on or before January 1, 1978; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, is amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows: (c) As applied to the waters of Allatoona Lake, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Richard B. Russell Lake, Walter F. George Reservoir, and West Point Lake, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto. Section 2 . Code Section 52-7-3 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Georgia Boat Safety Act, is amended by striking paragraph (21) in its entirety and inserting in its place a new paragraph (21) to read as follows: (21) `Protected fresh waters' means the waters of Lake Allatoona, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. Georgia Reservoir, and West Point Lake. Page 1220 Section 3 . 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 and the use of vessels with marine toilets on protected fresh waters, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows: (a) (1) The General Assembly finds that because of the increasing number of vessels having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes. (2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be prohibited. Section 4 . Said Code Section 52-7-8.1 is further amended by striking subsections (g) and (h) in their entirety and inserting in their respective places new subsections (g) and (h) to read as follows: (g) (1) This Code section shall apply on and after July 1, 1988, for all vessels on the waters of Lake Sidney Lanier, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1988, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1988, if said vessel is to be operated or floated on such waters. For vessels registered after July 1, 1988, which will be operated or floated on such waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel. Page 1221 Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on such waters must be registered and must obtain a certificate pursuant to this Code section. (2) Except as provided by paragraph (1) of this subsection, this Code section shall apply on and after July 1, 1991, for all vessels on protected fresh waters, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1991, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1991, if said vessel is to be operated or floated on protected fresh waters. For vessels registered after July 1, 1991, which will be operated or floated on protected fresh waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel. Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on protected fresh waters must be registered and must obtain a certificate pursuant to this Code section. (h) Any person owning a vessel with a marine toilet, who does not obtain a certificate for such toilet as provided in subsection (g) of this Code section, if such vessel is operated or floated on protected fresh waters, and any person who falsifies information about the existence of a marine toilet or holding tank in an application for a certificate, shall be guilty of a misdemeanor and shall be subject to the penalties associated with misdemeanors. Section 5 . Said Code Section 52-7-8.1 is further amended by striking in its entirety subsection (j) and inserting in lieu thereof a new 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; provided, however, that notwithstanding any provision of this Code section to the contrary, Page 1222 no owner of a vessel constructed on or before January 1, 1978, shall be required to obtain a certificate for a marine toilet before December 31, 1991. 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 11, 1990. GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACTPERMITS. Code Sections 12-8-23.1 and 12-8-25.2 Amended. No. 1279 (Senate Bill No. 478). AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, so as to provide for permits for biomedical waste thermal treatment technology facilities; to provide for applicability and exceptions; to change the provisions relating to permits for solid waste disposal sites within certain distances of significant ground-water recharge areas so as to provide that such provisions shall not apply to certain municipal solid waste landfills and permits therefor; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Page 1223 Solid Waste Management Act, as enacted by Senate Bill 533 adopted at the 1990 regular session of the General Assembly, is amended by adding at the end of Code Section 12-8-23.1, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, a new subsection (c) to read as follows: (c) (1) No permit for a biomedical waste thermal treatment technology facility shall be issued by the director unless the applicant for such facility demonstrates to the director that a need exists for the facility by showing that there is not presently in existence within the state sufficient disposal facilities for biomedical waste being generated or expected to be generated within the state. For purposes of this article, `biomedical waste thermal treatment technology facility' means any facility the purpose of which is to reduce the amount of biomedical waste to be disposed of through a process of combustion, with or without the process of waste to energy. (2) Paragraph (1) of this subsection shall not apply to any biomedical waste treatment facility which is operated exclusively by a private biomedical waste generator on property owned by the private biomedical waste generator for the purpose of accepting biomedical waste exclusively from the private biomedical waste generator so long as the operation of the biomedical waste treatment facility does not adversely affect the public health or the environment. After commencement of operation by a private biomedical waste generator of a biomedical waste treatment facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any biomedical waste which is to be no longer disposed of by the private biomedical waste generator in its own biomedical waste treatment facility prior to any substantial reduction in the amount of biomedical waste accepted by the biomedical waste treatment facility or its closure. Section 2 . Said part is further amended by striking Code Section 12-8-25.2, relating to sites within certain distances of significant ground-water recharge areas, and substituting in lieu thereof a new Code Section 12-8-25.2 to read as follows: Page 1224 12-8-25.2. No permit shall be issued for a municipal solid waste landfill if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste 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. This Code section shall not apply to any proposed municipal solid waste landfill for a municipal or county government for which the director of the Environmental Protection Division of the Department of Natural Resources has issued a site acceptability letter prior to March 15, 1989, if such site acceptability letter did not require a liner and leachate collection system; provided, however, that the governing authority of the municipality may adopt a resolution requiring a liner and leachate collection system for its proposed municipal solid waste landfill prior to the date on which a permit is issued and the governing authority of the county may adopt a resolution requiring a liner and leachate collection system for its proposed municipal solid waste landfill prior to the date on which a permit is issued. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall only become effective if SB 533 is passed, becomes law, and becomes effective before this Act is approved by the Governor or becomes law without such approval; otherwise this Act shall be void and shall be repealed in its entirety effective July 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1225 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; MILITARY SERVICE; WORLD WAR II. Code Section 47-2-96 Amended. No. 1282 (House Bill No. 46). AN ACT To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain members for service on active duty in the armed forces of the United States during World War II; to provide for other matters relative thereto; to provide conditions 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 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and creditable service for military service under the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Any other provisions of this chapter to the contrary notwithstanding, any current member of the retirement system, other than a member who is subject to the provisions of Code Section 47-2-334, who served on active duty in the armed forces of the United States at any time during World War II shall be entitled to receive creditable service under the retirement system for such active duty military service. A qualified member shall receive such creditable service by making application therefor to the board of trustees and by providing the board with proof satisfactory to the board of the period of time served on active military duty during World War II which is claimed as creditable service. No creditable service obtained under this subsection shall cause a member's total creditable service for all military service to exceed five years. It is specifically provided that time limitations specified in this chapter for Page 1226 obtaining creditable service for military service do not apply to the provisions of this subsection. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COURTSSALARY SCHEDULE FOR SECRETARIES OF SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS. Code Sections 15-6-25 and 15-18-17 Amended. No. 1283 (House Bill No. 141). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional steps on the salary schedule for secretaries of judges of the superior courts; to provide that these steps will be designated as L steps and may be granted not more often than every two years; to provide for the adjustment of salary scales when the State Personnel Board acts to move merit system employees to a new pay grade; to make other adjustments in the salary schedule; to provide for additional merit steps on the salary schedule for secretaries of district attorneys of the superior courts; to provide that these steps will be designated as L steps and may be granted not more often than every two years; to provide for the adjustment of salary scales when the State Personnel Board acts to move merit system employees to a new pay grade; to make other adjustments in the salary schedule; to provide for Page 1227 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step 7 there shall be four additional steps known as Step L-1 through Step L-4. Step L-1 shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2) (A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration that occurs after June 30, 1990. (B) Each step on said pay schedule to be paid from state funds shall be increased on the effective date of any action by the State Personnel Board which takes effect after June 30, 1989, and which increases all merit system classes one or more pay grades. The amount of such increase shall be 5 percent for each pay grade that the merit system classes are increased. If the action of the State Personnel Board provides for employees to move to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade, then the same provision shall operate to keep secretaries at the same salary, except Page 1228 where it is necessary to bring a secretary to the new salary for Step 1. (3) Each superior court judge may grant to each secretary a merit increase equal to one step on Steps 1 through 7 of the pay schedule, or any revised pay schedule, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. Each superior court judge may grant to each secretary who has advanced to Step 7 or above a merit increase in Steps L-1 through L-4 at any time not less than 24 months since the last merit increase under this or any previously existing laws. (4) Each secretary employed on July 1, 1985, shall be placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985. (5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment. Section 2 . Said title is further amended by striking subsection (c) of Code Section 15-18-17, relating to the employment, status, and compensation of secretaries of district attorneys of the superior courts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step 7 there shall be four additional steps known as Step L-1 through Step L-4. Page 1229 Step L-1 shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2) (A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, 1990. (B) Each step on said pay schedule to be paid from state funds shall be increased on the effective date of any action by the State Personnel Board which takes effect after June 30, 1989, and which increases all merit system classes one or more pay grades. The amount of such increase shall be 5 percent for each pay grade that the merit system classes are increased. If the action of the State Personnel Board provides for employees to move to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade, then the same provision shall operate to keep secretaries at the same salary, except where it is necessary to bring a secretary to the new salary for Step 1. (3) Each district attorney may grant to each secretary a merit increase equal to one step on Steps 1 through 7 of the pay schedule, or any revised pay schedule, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. Each district attorney may grant to each secretary who has advanced to Step 7 or above a merit increase in Steps L-1 through L-4 at any time not less than 24 months since the last merit increase under this or any previously existing laws. (4) Each secretary employed on July 1, 1985, shall be: Page 1230 (A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or (B) Placed upon the next higher step if the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection. (5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that a secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment. Section 3 . This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1231 REVENUE AND TAXATIONTAXATION OF MARIJUANA AND CONTROLLED SUBSTANCES. Code Title 48, Chapter 15 Enacted. No. 1284 (House Bill No. 164). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the taxation of marijuana and controlled substances; to provide for definitions; to provide for the powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide that no provision of this Act shall in any manner provide any immunity for any person from criminal prosecution pursuant to the laws of this state and no provision of this Act shall in any manner be deemed to authorize the unlawful possession, use, or distribution of marijuana or controlled substances; to provide that certain persons lawfully in possession of marijuana or controlled substances shall not be subject to such tax; to provide for the calculation of such tax; to provide for the rates of such tax; to provide for reporting and payment procedures; to provide for assessment and collection procedures; to provide for penalties for disclosure of certain confidential information; to provide for applicability with respect to certain provisions relating to forfeitures; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding at the end thereof a new chapter, to be designated Chapter 15, to read as follows: CHAPTER 15 48-15-1. No provision of this chapter shall in any manner provide any immunity for any person from criminal prosecution pursuant to the laws of this state and no provision of this chapter shall in any manner be deemed to authorize the Page 1232 unlawful use, possession, consumption, storage, transfer, or distribution of marijuana or controlled substances. 48-15-2. As used in this chapter, the term: (1) `Commissioner' means the state revenue commissioner. (2) `Controlled substance' shall have the same meaning as defined in paragraph (4) of Code Section 16-13-21 and shall mean any drug, substance, or immediate precursor, whether real or counterfeit, that is held, possessed, transported, transferred, sold, or offered for sale in violation of the laws of this state. (3) `Marijuana' shall have the same meaning as defined in paragraph (16) of Code Section 16-13-21 and shall mean any marijuana, whether real or counterfeit, that is held, possessed, transported, transferred, sold, or offered for sale in violation of the laws of this state. 48-15-3. (a) There is imposed, in addition to all other applicable taxes, a state excise tax upon each use, possession, consumption, storage, or transfer of marijuana or any controlled substance. (b) The tax imposed by this Code section shall apply regardless of whether the substance exists in solid, liquid, or gaseous form and regardless of the degree of purity of the substance. Each person who uses, possesses, consumes, stores, or transfers a substance identified in this Code section shall be liable for the tax imposed by this Code section. 48-15-4. Nothing in this chapter shall require persons who are lawfully in possession of marijuana or a controlled substance under a valid medical prescription or a licensed pharmacist or medical practitioner licensed to dispense marijuana or any controlled substance to pay the tax required under this chapter when such person, pharmacist, or practitioner is lawfully using, possessing, consuming, storing, or transferring such marijuana or controlled substance. Page 1233 48-15-5. For the purpose of calculating the tax under Code Section 48-15-6, a quantity of marijuana or other controlled substance in the person's possession shall be measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers. 48-15-6. A tax is imposed on marijuana and controlled substances as defined in Code Section 48-15-2 at the following rates: (1) On each gram of marijuana, or each portion of a gram, $3.50; (2) On each gram of controlled substance, or portion of a gram, $200.00; and (3) On each ten dosage units of a controlled substance that is not sold by weight, or portion thereof, $400.00. 48-15-7. The tax imposed by Code Section 48-15-3 shall be due and payable at the time of each use, possession, consumption, storage, or transfer; however, each person liable to pay the tax may report and remit the amount of tax which is due, using report forms prepared by the commissioner, no later than the twentieth day of the calendar month following the month in which the tax liability is incurred. The reporting procedure provided for in this Code section shall not prevent the commissioner from earlier assessing or collecting, prior to receiving the report or remittance, any taxes which have become due. 48-15-8. This chapter shall be enforced and administered by the commissioner, and the commissioner is authorized to adopt all forms and all reasonable rules and regulations which the commissioner deems necessary to enforce and administer this chapter. 48-15-9. The commissioner is authorized to issue assessments, including jeopardy assessments, to issue tax executions, and to collect the tax imposed under this chapter in the same Page 1234 manner and to the same extent as provided in this title for any other state tax assessed and collected by the commissioner. 48-15-10. (a) Notwithstanding any law to the contrary, neither the commissioner nor a public employee may reveal facts contained in a report or return required by this chapter or any information obtained from a person under this chapter; nor can any information contained in such a report or return or obtained from such person be used against the person in any criminal proceeding, unless independently obtained, except in connection with a proceeding involving taxes due under this chapter from the person making the return. (b) Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (c) This Code section shall not prohibit the commissioner from publishing statistics that do not disclose the identity of such persons or the contents of particular returns or reports. 48-15-11. Notwithstanding any provision of this chapter to the contrary, no provision of this chapter shall be deemed to supersede the provisions of Code Section 16-13-39 with respect to forfeitures and the vesting of forfeited property, money, or currency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1235 COURTSPROSECUTING ATTORNEY TO INCLUDE DISTRICT ATTORNEY. Code Section 15-18-14 Amended. No. 1285 (House Bill No. 251). AN ACT To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to include in the definition of prosecuting attorney' a person who serves on a full-time basis as a district attorney; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; a person who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of Georgia; or a person who serves on a full-time Page 1236 basis as a third-year law student under the authority of Code Section 15-18-22. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MOTOR VEHICLE INSURANCENOTICE OF CANCELLATION. Code Section 33-34-11 Amended. No. 1286 (House Bill No. 255). AN ACT To amend Code Section 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, so as to change the provisions relating to the time of a notice of cancellation to the Department of Public Safety; to provide for notice to the Commissioner of Insurance of improper notices of cancellation; to prohibit an insurer from using the cost of any audit conducted regarding such notices in calculating their rates; to provide that irregularities in the notice of cancellation to the Department of Public Safety do not invalidate otherwise valid cancellations; 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 33-34-11 of the Official Code of Georgia Annotated, relating to the cancellation of required motor vehicle insurance, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows: Page 1237 (a) (1) In cases in which the minimum insurance required by this chapter is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation. 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. The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the department defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the commissioner is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Department of Insurance pursuant to this paragraph as a cost of business in the insurer's rate base. (2) The Department of Public Safety shall, by regulation, define, cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation. Page 1238 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. ELECTIONSCHIEF DEPUTY REGISTRARS. Code Sections 21-2-213 and 21-3-121 Amended. No. 1287 (House Bill No. 346). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to exempt certain county chief deputy registrars from certain restrictions applicable to county registrars or deputy registrars; to exempt certain municipal chief deputy registrars from certain restrictions applicable to municipal registrars or deputy registrars; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (a) of Code Section 21-2-213, relating to the qualifications of county registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a Page 1239 period of six months after so serving, shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomination or office to be voted for at a special primary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of such person's intention of write-in candidacy until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrars, or deputy registrar, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. Section 2 . Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of municipal registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be Page 1240 eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general election; provided, however, that this ineligibility shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a board of elections. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages. Section 3 . This Act shall become effective January 1, 1991. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1241 MOTOR VEHICLES AND TRAFFICINSTRUCTIONAL PERMITS; MOTORIZED CARTS; REGISTRATION. Code Sections 40-5-24 and 40-6-331 Amended. No. 1288 (House Bill No. 402). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit any person holding a noncommercial Class P instruction permit from applying for and receiving a driver's license if such person commits certain violations; to authorize applying for and receiving a driver's license under certain circumstances; to authorize local registration and licensing of motorized carts; to provide for procedures and fees; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-5-24, relating to instruction permits and temporary licenses, a new subsection, to be designated subsection (e), to read as follows: (e) Any person holding a noncommercial Class P instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit. Section 2 . Said title is further amended by striking in its entirety Code Section 40-6-331, relating to the authority of local governments to regulate the operation of motorized carts, and Page 1242 inserting in lieu thereof a new Code Section 40-6-331 to read as follows: 40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic and establish the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the registration and licensing of such carts operated within its boundaries for a fee not to exceed $15.00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the authority granted by this subsection shall not apply to motorized carts owned by gold courses, country clubs, or other such organized entitlies which own such carts and make them available to members or the public on a rental basis. (c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected. (d) Motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the department. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1243 SALES AND USE TAXTAXATION OF PROPERTY SOLD OUTSIDE THIS STATE FOR USE WITHIN THIS STATE. Code Sections 48-8-2, 48-8-30, and 48-8-49 Amended. No. 1289 (House Bill No. 442). AN ACT To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, so as to change the provisions relating to definitions; to prohibit certain legal and equitable actions by certain dealers; to provide that certain purchasers, renters, and lessees will be liable for the sales and use tax upon certain transactions occurring outside the state and must pay that tax to the dealer involved in the transaction; to provide for liability of the dealers for the tax; to provide for tax rates and credits; to provide for conditions and limitations regarding the tax; to provide when purchasers, lessees, or renters will be dealers and the consequence thereof; to change certain provisions regarding the calculation of estimated tax liability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the state sales and use tax, is amended by striking subparagraph (H) of subparagraph (3) of Code Section 48-8-2, relating to definitions, and inserting in its place a new subparagraph to read as follows: (H) Solicits business by representatives or engages in the regular or systematic solicitation of a consumer market in this state by the distribution of catalogs, periodicals, advertising fliers, or other advertising, or by means of print, radio, or television media, by telegraphy, telephone, computer data base, cable optic, microwave, or other communication system. Each dealer as defined in this subparagraph shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this Page 1244 state by the dealer unless it is affirmatively shown that this article has been fully complied with. Section 2 . Said article is further amended by adding immediately following subsection (c) of Code Section 48-8-30, relating to imposition of the sales and use tax, a new subsection, to be designated subsection (c.1), to read as follows: (c.1) (1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. 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 who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. 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. This subsection shall not be construed to require a duplication in the payment of the tax. Section 3 . Said article is further amended by adding immediately following subsection (e) of Code Section 48-8-30, Page 1245 relating to imposition of the sales and use tax, a new subsection, to be designated subsection (e.1), to read as follows: (e.1) (1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer 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 dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2 and who leases or rents tangible personal property outside this state to be delivered in this state at the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. Section 4 . Said article is further amended by striking subsection (g) of Code Section 48-8-30, relating to imposition of the sales and use tax, and inserting in its place a new subsection to read as follows: Page 1246 (g) Whenever a purchaser of tangible personal property under subsections (b) or (c.1) of this Code section, a lessee or renter of the property under subsections (d) or (e.1) 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. Section 5 . Said article is further amended by striking subsection (b) of Code Section 48-8-49, relating to estimated tax liability of certain dealers with respect to the state sales and use tax, 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. 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 laibility. Page 1247 Section 6 . This Act shall become effective on July 1, 1990. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EMPLOYEE BENEFIT PLAN COUNCILSCHOOL TEACHERS AND PUBLIC SCHOOL EMPLOYEES. Code Sections 45-18-50, 45-18-52, 45-18-53, and 45-18-54 Amended. No. 1290 (House Bill No. 452). AN ACT To amend Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, so as to provide that public schoolteachers and public school employees may participate in a certain flexible employee benefit plan; to change certain definitions; to provide for matters applicable to disability insurance coverage for certain state employees; to authorize local school systems to make payroll deductions relative to such employee benefit plan; to provide for certain records; to provide that local boards of education shall have certain options relative to such employee benefit plans; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the employee benefit plan council, is amended by striking Code Section 45-18-50, relating to definitions relative to the employee benefit plan council, Page 1248 in its entirety and inserting in lieu thereof a new Code Section 45-18-50 to read as follows: 45-18-50. As used in this article, the term: (1) `Board' means the State Personnel Board. (2) `Council' means the Employee Benefit Plan Council established in Code Section 45-18-51. (3) `Employee' means a member of the General Assembly or a person who works full time for the state and receives his compensation in a direct payment from a department, agency, authority, or institution of state government; a county department of family and children services or a county department of health; and public school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members, employees, and officials of the Board of Regents of the University System of Georgia. (4) `Full time' means the employment of a person who works at least 30 hours per week and whose employment is intended to be continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment; provided, however, that public school teachers and public school employees as defined in Code Sections 20-2-880 and 20-2-910 shall be deemed to be employed full time for the purposes of this article. This would also exclude employment intended for only a very limited duration or in a sheltered employment program for the purpose of training or transitioning a person into the continued employment environment. Section 2 . Said article is further amended by striking Code Section 45-18-52, relating to the establishment of a flexible employee benefit plan, and inserting in its place a new Code Section 45-18-52 to read as follows: 45-18-52. (a) The council is authorized to establish a flexible employee benefit plan for employees of the state and public school teachers and public school employees and to promulgate rules and regulations for its administration, subject to Page 1249 the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, disability insurance, supplemental health and accident insurance, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter and Code Sections 20-2-880 and 20-2-910. The council may establish rating categories for disability insurance based on eligibility for coverage by the disability program of the Social Security Administration. At the council's discretion, any of the insurance or other type of employee welfare benefits authorized by this Code section may be operated as a self insured plan in whole or in part or by contract with any company authorized to transact such business in this state. Except as provided in Code Section 45-18-30, Code Sections 20-2-880 and 20-2-910, and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage. (b) The council is authorized to promulgate rules and regulations to require local school boards that elect coverage under the plan as provided in subsection (b) of Code Section 45-18-54 to enroll and maintain a minimum participation percentage when offering the plan to its employees. Section 3 . Said article is further amended by striking Code Section 45-18-53, relating to authorization for payroll deductions, in its entirety and inserting in lieu thereof a new Code Section 45-18-53 to read as follows: 45-18-53. (a) In order to carry out the provisions of the flexible employee benefit plan, the head of each department, agency, authority, county department of health, or local school system is authorized to deduct or reduce from salary or wages voluntarily designated amounts by his employees for purchasing insurance or other welfare benefits. (b) Records of benefit selections, payroll deductions, and other individual account information shall be maintained as confidential by the flexible benefit plan. The records shall not be disclosed except as necessary to accomplish the purposes of this article or as otherwise authorized in writing by the Page 1250 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 an employee or other individual. Section 4 . Said article is further amended by striking Code Section 45-18-54, relating to continuation of optional plans, in its entirety and inserting in lieu thereof a new Code Section 45-18-54 to read as follows: 45-18-54. (a) The head of each department, agency, authority, or county department of health shall have the option to determine whether or not the employees within his respective agency shall continue any optional program that is in operation on January 1, 1986. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1986, except that the Legislative Services Committee may continue or approve any optional program for members of the General Assembly and employees of the General Assembly. (b) Each local board of education shall have the option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the council relative thereto. New optional employee benefit plans or any contracting with new or additional insurers under existing plans that authorize the deduction or reduction of voluntarily designated amounts, including insurance, from the salaries of the full-time employees must be approved by the council after January 1, 1991. Each local board of education electing to participate in the coverage under this plan shall be assessed a pro rata share of the cost of administering the plan. (c) Each local board of education electing coverage shall have the option to determine whether or not the employees within the school system shall continue any optional program that is in operation on January 1, 1991. Page 1251 Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. PUBLIC OFFICERS AND EMPLOYEESAWARDS FOR SUGGESTIONS. Code Section 45-21-7 Amended. No. 1291 (House Bill No. 516). AN ACT To amend Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, so as to provide for a tangible and intangible savings award to be granted under certain circumstances; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-21-7 of the Official Code of Georgia Annotated, relating to awards to employees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-21-7 to read as follows: 45-21-7. (a) Cash awards for suggestions submitted by an employee, implemented by a state department, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the department or departments adopting the suggestion and shall Page 1252 be made within six months of the date the suggestion is implemented. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless of the number of departments adopting the suggestion. Funds necessary for providing the appropriate cash awards shall be drawn from the object class most directly affected by the approved suggestion. If the amount of a tangible savings award exceeds $100.00, the suggestion shall be reviewed by the department or departments implementing the suggestion one year from the date of implementation to determine actual net savings. If additional actual savings have resulted, a final additional award shall be made to such employee based on 10 percent of such actual net savings less any previous award payment. No award shall be made for any savings after the first year of implementation. (b) (1) Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be determined shall be eligible for award certificates or cash awards based on intangible savings. (2) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00. (c) All employee suggestions shall be submitted in writing on a form to be made available by the commissioner in order to be eligible for consideration for an award. All submitted suggestions shall clearly and concisely define the specific situation or problem, state a detailed, proposed solution to such situation or problem, and indicate the expected benefit to the state. (d) Other awards to state employees made under this chapter may include: (1) A certificate of merit which shall be in such form and shall be awarded at such times as the board may fix and determine; (2) A certificate that shall indicate the number of years of state service which for this purpose shall be ascertained by the commissioner; or Page 1253 (3) An appropriate pin, button, or other emblem which may be approved by the board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. PESTICIDE CONTRACTOR'S LICENSECROP DUSTERS; AGRICULTURAL APPLICATIONS. Code Section 2-7-99 Amended. No. 1292 (House Bill No. 552). AN ACT To amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Pesticide Use and Application Act of 1976, so as to provide that the provisions relating to financial responsibility required for the issuance of a pesticide contractor's license shall not apply to commercial aerial applicators of crop protection products and to pesticide contractors applying crop protection products to agricultural crops; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Pesticide Use and Application Act of 1976, is amended by striking paragraph (3) of subsection (a) of Code Section 2-7-99, relating to licensing requirements for pesticide contractors, certified pesticide applicators, and certified commercial pesticide applicators, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Issuance. If the Commissioner finds the applicant qualified to engage in the business of contracting for the application Page 1254 of pesticides commercially, if the applicant files proof of financial responsibility as required under Code Section 2-7-103, and if the applicant applying for a license to contract for aerial application of pesticides has met all of the requirements of the Federal Aviation Administration and all aeronautic requirements of this state for operation of equipment described in the application, the Commissioner shall issue a pesticide contractor's license, with any necessary limitations; provided, however, commercial aerial applicators of crop protection products and pesticide contractors applying crop protection products to agricultural crops shall not be required to file proof of financial responsibility as required under Code Section 2-7-103. The license shall expire at the end of the calendar year of issue, unless it is revoked or suspended prior thereto by the Commissioner for cause. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONSTIPENDS FOR PROFESSIONAL AND STAFF DEVELOPMENT PROGRAMS. Code Section 20-2-217 Enacted. No. 1293 (House Bill No. 553). AN ACT To amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the Quality Basic Education Act, so as to authorize and direct the State Board of Education to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs; to provide for such stipends to be on a reimbursable basis on a state approved schedule; to authorize the State Board of Education to require certain action by local systems Page 1255 before state funding for such stipends will be made available; to provide for the definition of certain terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the Quality Basic Education Act, is amended by adding at the end of Subpart 2 a new Code Section 20-2-217 to read as follows: 20-2-217. The State Board of Education is authorized and directed to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs which will enable such employees to increase their education pertaining to their job classification or to obtain appropriate degrees to become certified teachers. Such stipends shall be provided to individuals on a reimbursable basis on a state approved schedule. The State Board of Education shall be authorized to require the local professional and staff development plan required under Code Section 20-2-232 to include professional and staff development for licensed personnel, paraprofessionals, aides, and education secretaries before state funding for the purposes of this Code section will be made available to a local system. As used in this Code section, the terms `paraprofessional,' `aide,' and `licensed personnel' shall be defined as provided in Code Section 20-2-204. Section 2 . This Act shall become effective only upon the appropriation of sufficient funds by the General Assembly. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1256 STATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATIONREFERENCES. Code Sections 12-11-10, 12-11-11, 20-2-320, and 49-5-161 Amended. No. 1294 (House Bill No. 628). AN ACT To amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Youth Conservation Corps Act, so as to change references to the State Board of Post-secondary Vocational Education to the State Board or the Department of Technical and Adult Education; to amend Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force, so as to change references to the State Board of Postsecondary Vocational Education to the State Board or the Department of Technical and Adult Education; to change certain references to postsecondary vocational-technical schools; to amend Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education and change a reference to the executive director of that board; to make certain editorial 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 . Chapter 11 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Youth Conservation Corps Act, is amended by striking Code Section 12-11-10, relating to job training and placement services, in its entirety and inserting in lieu thereof a new Code Section 12-11-10 to read as follows: 12-11-10. Whenever available and appropriate, job training and placement services and education opportunities provided through other federal, state, and local programs such as through the Department of Education, the Department of Labor, the Department of Technical and Adult Education, and the Board of Regents of the University System of Georgia shall Page 1257 be coordinated with projects and programs developed under this chapter to assist eligible corps members. Coordinated services may include, but are not limited to, remedial and post-secondary education, job placement assistance, adult literacy training, job search skills, and job application skills. Whenever possible, eligible corps members without a high school diploma shall receive coordinated services that provide an opportunity to obtain an equivalent high school diploma. Section 2 . Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 12-11-11, relating to the Conservation Corps Advisory Council, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) The chairman of the State Board of Technical and Adult Education; Section 3 . Code Section 20-2-320 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Program task force, is amended by striking subsections (a) through (d) in their entirety and substituting in lieu thereof new subsections (a) through (d) to read as follows: (a) The Governor shall appoint a task force composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically Page 1258 identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section. (b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information Page 1259 collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the statewide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies. (d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Technical and Adult Education, local units of administration, public libraries, and area post-secondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use Page 1260 at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the statewide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools. Section 4 . Code Section 49-5-161 of the Official Code of Georgia Annotated, relating to the Commission on Children and Youth, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a representative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the board of regents, the State School Superintendent, the commissioner of Technical and Adult Education, the commissioner epartment of Medical Assistance, the Commissioner of the Department of Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Page 1261 Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LOCAL BOARDS OF EDUCATIONPROCEDURE FOR FILLING VACANCIES. Code Section 20-2-54.1 Amended. No. 1295 (House Bill No. 704). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the procedures for filling vacancies on local boards of education under certain circumstances; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by striking Code Section 20-2-54.1, relating to filling Page 1262 vacancies on local boards of education, and inserting in its place a new Code section to read as follows: 20-2-54.1. (a) In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows: (1) If the members of the local board of education are elected by the voters, the vacancy shall be filled as follows: (A) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general electio preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and (B) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. (2) If the members of the local board of education are appointed by the grand jury, the remaining members of the local board of education, by majority vote, shall select a qualified person to fill the vacancy until the next grand jury convenes immediately following the occurrence of the vacancy at which time the grand jury shall appoint a qualified person to serve for the remainder of the unexpired term. (b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the Page 1263 same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a)(1)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIASURVIVORS BENEFITS. Code Sections 47-2-128, 47-2-129, and 47-2-163 Amended. No. 1296 (House Bill No. 754). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the survivors benefits or group term life insurance program for members, certain former members, and retired members of the retirement system; to change the provisions relating to contracts for programs; to authorize the board of trustees to provide for survivors benefits or group term life insurance for members of the General Assembly; to provide for other matters relative to the foregoing; to provide conditions 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: Page 1264 Section 1 . Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-128, relating to the survivors benefits or group term life insurance program, in its entirety and substituting in lieu thereof a new Code Section 47-2-128 to read as follows: 47-2-128. (a) Wherever the term `survivors benefits' is used or referred to in this chapter, it shall be construed to be group term life insurance. (b) Pursuant to the provisions of this Code section, Code Section 47-2-129, and rules or regulations adopted for such purpose, the board of trustees may provide for survivors benefits for members, former members, and retired members of the retirement system. (c) Notwithstanding Article 3 of this chapter there shall be established an additional fund, to be known as the `survivors benefit fund' which shall be administered in the following manner: (1) There shall be accumulated in the survivors benefit fund the contributions deducted from the earnable compensation of members covered for survivors benefits, together with payments made to the fund by employers, including interest earned on deposits and investments of such funds; (2) There shall also be accumulated in the survivors benefit fund the payments required of retired members and vested former members covered for survivors benefits as provided in subsections (g) and (h) of this Code section, together with interest earned on such payments; and (3) All assets of the survivors benefit fund and all income, interest, and dividends derived from deposits and investments shall be used for the payments of benefits and expenses necessary for the maintaining of survivors benefit coverage. Such benefits and expenses shall in no manner become an obligation of the pension accumulation fund. Page 1265 (d) Contributions for survivors benefits shall be provided for and administered in the following manner: (1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable compensation of each member during every payroll period the additional amount established by the board of trustees, but not to exceed one-half of 1 percent of the member's earnable compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-2-51 and, except for those members who are not eligible for survivors benefits, that amount shall be the member's payment for such coverage; (2) Any member who is not eligible for survivors benefits shall have the additional contributions provided for in paragraph (1) of this subsection credited to the member's annuity savings account to be used to purchase an additional annuity at retirement under the conditions set forth in paragraph (3) of subsection (a) of Code Section 47-2-51; (3) There is authorized an employer payment to the fund which shall be a percentage of the earnable compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members' contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Code Section 47-2-57. (e) The board of trustees may adopt or rescind any rules or regulations which are not in conflict with this Code section and which it deems necessary in establishing and maintaining the plan of operation, including benefit tables and other provisions of coverage. Such rules and regulations shall include the following: (1) A member's payment for coverage shall vest in the member no rights other than for the period for which the member has paid the required additional contributions into the survivors benefit fund; Page 1266 (2) A notice by the board of trustees to members through their employers that the additional contributions provided for in this Code section will in the future be credited to the individual member's annuity savings account under conditions set forth in paragraph (3) of subsection (a) of Code Section 47-2-51 shall suspend any and all survivors benefit coverage then in effect, provided that such action shall be applicable to all members alike and without prejudice to any survivors benefits pending in the case of a then deceased member; and (3) Subsequent to any notice released under paragraph (2) of this subsection, any additional notice made in the same manner and within 12 months of the original notice to the effect that coverage is again available shall reestablish survivors benefits to those formerly covered and to all new members who are otherwise eligible, except that within 30 days from the date of such notice any member may decline benefits under this Code section. (f) The board of trustees may determine the date on which the plan for survivors benefit coverage shall be placed into operation, provided that such date shall not be prior to July 1, 1953. The board of trustees shall notify all employers who, in turn, shall notify the members that additional contributions will commence on the determined date. (g) Except as otherwise provided in subsection (i) of this Code section, in the event a member retires, the retired member shall continue paying the amount provided for under this Code section which the member was paying at the time of retirement; and the benefits provided for under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the date of retirement. The board of trustees is authorized to promulgate rules and regulations to cover this subsection. (h) Any other provisions of this chapter or any rules or regulations to the contrary notwithstanding, any member who withdraws from service before attaining age 60 but whose right to a service retirement allowance has vested under Code Section 47-2-122 may continue paying the amount under this Code section which the member was paying at the time of withdrawing Page 1267 from service, together with the amount of the employer contribution in effect at the time of such withdrawal, in which case the benefits under this Code section shall remain fixed at the same amount as they would have been had the member died on the day immediately preceding the member's withdrawal. Only those members with at least 18 years of creditable service at the time of withdrawal from service shall be eligible under this subsection. The board of trustees is authorized to promulgate rules and regulations to cover this subsection. (i) As applied to those members whose first membership in the retirement system is on or after April 1, 1964, the survivors benefits program may provide for a reduction of benefits after the attainment of a certain age and for a different or no contribution after retirement based on such reduction in benefits. Section 2 . Said chapter is further amended by striking Code Section 47-2-129, relating to the authority of the board of trustees to contract for survivors benefits or life insurance, in its entirety and substituting in lieu thereof a new Code Section 47-2-129 to read as follows: 47-2-129. The board of trustees may provide group term life insurance protection for the members of the retirement system as the survivors benefits program provided for in Code Section 47-2-128 by contracting for such service with the State Employees' Assurance Department or any insurance company licensed to operate in Georgia, which company has experience in the underwriting of groups similar in size and type of coverage. Such contract must provide benefits to those persons entitled to benefits under Code Section 47-2-128. All or any part of funds and other assets previously accumulated for the purposes of Code Section 47-2-128 may be used by the board of trustees in the execution of this contract. Contributions for such coverage shall be provided for and collected as set forth in subsection (d) of Code Section 47-2-128. Section 3 . Said chapter is further amended by striking Code Section 47-2-163, which reads as follows: 47-2-163. Any other provision of this chapter or of any rules or regulations to the contrary notwithstanding, persons Page 1268 who are members of the General Assembly during or after January, 1962, shall be eligible for survivors benefits whether or not they are members of the retirement system. The maximum amount of coverage to any such member shall not be in excess of $2,000.00 and shall be available only on an adjusted actuarial basis in accordance with the age of the member on the effective date of his coverage, under conditions as set forth in rules or regulations adopted by the board of trustees. Nothing in this chapter shall be construed as deeming members of the General Assembly to be eligible for membership in the retirement system. All limitations under Code Section 47-2-128 as they apply to the members of the retirement system shall also apply to members of the General Assembly. This Code section shall not be construed in such manner as to increase survivors benefits for any member of the retirement system., in its entirety and substituting in lieu thereof a new Code Section 47-2-163 to read as follows: 47-2-163. Any other provisions of this chapter to the contrary notwithstanding, the board of trustees is authorized by rules or regulations to provide for group term life insurance protection for members and former members of the General Assembly. The board of trustees may contract for such coverage with the State Employees' Assurance Department pursuant to the provisions of Chapter 19 of this title. The board of trustees shall determine the amount of such coverage and the employee contribution that shall be made for such coverage by the members of the General Assembly. The board of trustees shall also determine the employer contribution necessary for such group term life insurance protection for members of the General Assembly. Such employer contribution shall be paid from funds appropriated or available to the legislative branch of the state government. The employee and employer contributions shall be paid into the survivors benefit fund provided for in subsection (c) of Code Section 47-2-128. Section 4 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 1269 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONLENGTH OF SCHOOL YEAR. No. 1297 (House Bill No. 951). AN ACT To amend an Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the Quality Basic Education Act, approved February 12, 1988 (Ga. L. 1988, p. 9), so as to repeal the provisions relating to automatic repeal of certain provisions authorizing local boards of education to vary the length of school years under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act amending Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the Quality Basic Education Act, approved February 12, 1988 (Ga. L. 1988, p. 9), is amended by striking Section 2 of said Act, which reads as follows: Section 2. Effective July 1, 1990, paragraph (3) of subsection (c) of said Code Section 20-2-168 (as added by this Act) shall be repealed and paragraph (4) of subsection (c) of said Code section shall be renumbered as paragraph (3) of subsection (c)., Page 1270 in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIABENEFITS. Code Section 47-14-70, 47-14-71, 47-14-74, and 47-14-75 Amended. No. 1298 (House Bill No. 1035). AN ACT To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receicing benefits under this article or who may become eligible for benefits in the future; to provide for other matters relative thereto; to provide conditions 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 . Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in their entirety subsections (a), (b), (c), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows: (a) A member with at least 20 years of service shall receive retirement benefits of $1,200.00 per month upon retirement, Page 1271 provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he shall be entitled to receive, upon retirement, the amount to which he would have been entitled under subsection (a) of this Code section; and, in addition, for each year of service beyond the required 20 years, he shall receive an additional 5 percent of the amount he would be entitled to under subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits the member is entitled to receive under subsections (a) and (b) of this Code section during the remainder of the member's life; and, after the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had the member elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the member's death. Such benefits shall not Page 1272 commence until after the surviving spouse reaches 55 years of age. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $960.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $720.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. Section 2 . Said chapter is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for disability benefits, and inserting in lieu thereof a new Code Section 47-14-71 to read as follows: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $1,200.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board. Section 3 . Said chapter is further amended by striking in its entirety Code Section 47-14-74, relating to application of certain increases in benefits to benefits paid to surviving spouses, and inserting in lieu thereof a new Code Section 47-14-74 to read as follows: 47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1990, and Page 1273 the increases in retirement benefits resulting from changes made in this chapter during calendar year 1990 shall also be used in the computation of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter. Section 4 . Said chapter is further amended by striking in its entirety Code Section 47-14-75, relating to eligibility for certain benefit increases, and inserting in lieu thereof a new Code Section 47-14-75 to read as follows: 47-14-75. Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1990, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 1990. This Code section shall not reduce the amount of any benefits which a retired member nor the spouse of a deceased member is receiving on June 30, 1990. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1990. Section 5 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1274 DEPARTMENT OF MEDICAL ASSISTANCEPROCEDURE FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES. Code Section 50-13-4 Amended. No. 1299 (House Bill No. 1053). AN ACT To amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, so as to provide for the applicability of those requirements to certain rules of the Department of Medical Assistance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for certain actions relating to agency rules, is amended by striking subsection (g) thereof and inserting in its place a new subsection (g) to read as follows: (g) (1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources. (2) In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall Page 1275 be the duty of the agency to consult with the committee prior to the adoption of the rule. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. INSURANCEREGULATION. Code Title 33 Amended. No. 1300 (House Bill No. 1128). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an additional class of insurance; to change capital stock or surplus requirements for the qualification of an original certificate of authority; to change the minimum surplus requirements for insurers when first authorized to transact business in this state; to change certain capital and surplus requirements for an unauthorized assuming reinsurer in order to qualify for a certificate of authority; to change surplus requirements for certain domestic mutual insurers; to change certain provisions regarding applicants for insurance with domestic mutual insurers; to change the surplus and certain other requirements for domestic reciprocal insurers; to provide for matters relative to the foregoing; 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 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-3-5, relating to the classification of kinds of insurance, and inserting in its place a new Code Section 33-3-5 to read as follows: Page 1276 33-3-5. For the purpose of this chapter, the kinds of insurance defined in Chapter 7 of this title shall be arranged in the following six classes: (1) Life, accident, and sickness; (2) Property, marine, and transportation; (3) Casualty; (4) Surety; (5) Title; and (6) Health Maintenance Organization. Each of the groups numbered (1) through (6) shall constitute a class of insurance. Section 2 . Said title is further amended by striking subsection (a) of Code Section 33-3-6, relating to requirements as to capital stock or surplus generally, and inserting in its place a new subsection (a) to read as follows: (a) (1) On or after January 1, 1991, to qualify for an original certificate of authority to transact one or more classes of insurance an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock, if a stock insurer, or in surplus, if a mutual or reciprocal insurer. (2) Notwithstanding the requirements of paragraph (1) of this subsection, for the purposes of subsection (d) of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commissioner pursuant to Code Section 33-7-14 shall be $200,000.00. Section 3 . Said title is further amended by striking Code Section 33-3-7, relating to the requirement of surplus for new insurers, and inserting in its place a new Code Section 33-3-7 to read as follows: Page 1277 33-3-7. In addition to the minimum paid-in capital of stock insurers or minimum surplus of mutual and reciprocal insurers required by this title, an insurer shall possess when first authorized in this state surplus or additional surplus equal to the larger of $1.5 million (stock, mutual, and reciprocal insurers) or 50 percent of its paid-in capital stock (if a stock insurer) or of its surplus (if a mutual or reciprocal insurer) otherwise required under Code Section 33-3-6 for the kinds of insurance to be transacted. Section 4 . Said title is further amended by striking subdivision (e)(1)(C)(i) of Code Section 33-7-14, relating to reinsurance, and inserting in its place a new subdivision (e)(1)(C)(i) to read as follows: (i) Possessed a combined level of capital and surplus which was equal to or in excess of $3 million; or Section 5 . Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 33-14-61, relating to the types of insurance in which newly organized domestic mutual insurers may transact and requirement as to the transaction of particular kinds of insurance, which read as follows: (b) When applying for an original certificate of authority, the insurer must be otherwise qualified therefor under this title, and must have received and accepted bona fide applications as to substantial insurable subjects for insurance coverage of a substantial character of the kind of insurance proposed to be transacted, must have collected in cash and full premium therefor at rates meeting the requirements of Chapter 9 of this title, if a property and casualty company must have surplus funds on hand as of the date the insurance coverages are to become effective, or, in lieu of such applications, premiums, and surplus, may deposit surplus, all in accordance with that part of the following schedule which applies to the kind of insurance the insurer proposes to transact: Page 1278 (A) (B) (C) (D) Kind of Insurance Min. No. of Applicants Accepted Min. No. of Subjects Covered Minimum Premiums Coll. (I) Life 500 500 Ann. (II) Accident Sickness 500 500 Quar. (III) Property 100 250 Ann. (IV) Casualty 250 500 Ann. Casualty with Workers' Compensation 250 1,500 Quar. (E) (F) (G) (H) Min. Amt. Ins. Each Subject Max. Amt. Ins. Each Subject Minimum Surplus Funds Deposit of Surplus (V) (VI) (VI) $1,000 $2,500 $400,000 $400,000 10 (Weekly Indem.) 25 (Weekly Indem.) 400,000 400,000 1,000 3,000 400,000 400,000 1,000 10,000 400,000 400,000 1,000 Statutory 400,000 400,000 (c) The provisos listed in this subsection are respectively applicable to the schedule and provisions set out in subsection (b) of this Code section as indicated by like Roman numerals which appear in such schedule: (I) All applicants must be bona fide residents of this state; and no group insurance or term policies for terms of less than ten years shall be included; (II) All applicants must be bona fide residents of this state. No group, blanket, or family plans of insurance shall be included. In lieu of weekly indemnity a like premium value in medical, surgical, and hospital benefits may be provided; (III) Only insurance of the owner's interest in real property situated in this state may be included; (IV) The policy must include insurance of legal liability for bodily injury and property damage to which the maximum and minimum insured amounts apply. All applicants must be bona fide residents of this state; (V) The maximums provided for in column (F) are net after deducting applicable reinsurance; (VI) The deposit of surplus in the amount specified in columns (G) and (H) must thereafter be maintained unimpaired. The deposit is subject to Chapter 12 of this title., and inserting in their respective places new subsections (b) and (c) to read as follows: (b) When applying for an original certificate of authority, the insurer must be otherwise qualified therefor under this title, and must have received and accepted bona fide applications as to substantial insurable subjects for insurance coverage of a substantial character of the kind of insurance proposed to be transacted, must have collected in cash and full premium therefor at rates meeting the requirements of Chapter 9 of this title, if a property and casualty company must have surplus funds on hand as of the date the insurance coverages are to become effective, or, in lieu of such applications, premiums, and surplus, may deposit surplus, all in accordance with that part of the following schedule which applies to the kind of insurance the insurer proposes to transact: Page 1280 (A) (B) (C) (D) Kind of Insurance Min. No. of Applicants Accepted Min. No. of Subjects Covered Minimum Premiums Coll. (I) Life 500 500 Ann. (II) Accident Sickness 500 500 Quar. (III) Property 100 250 Ann. (IV) Casualty 250 500 Ann. Casualty with Workers' Compensation 250 1,500 Quar. (E) (F) (G) (H) Min. Amt. Ins. Each Subject Max. Amt. Ins. Each Subject Minimum Surplus Funds Deposit of Surplus (V) (VI) (VI) $1,000 $2,500 $3 million $3 million 10 25 3 million 3 million (Weekly Indem.) (Weekly Indem.) 1,000 3,000 3 million 3 million 1,000 10,000 3 million 3 million 1,000 Statutory 3 million 3 million (c) The provisos listed in this subsection are respectively applicable to the schedule and provisions set out in subsection (b) of this Code section as indicated by like Roman numerals which appear in such schedule: (I) All applicants must be bona fide residents of this state; and no group insurance or term policies for terms of less than twenty years shall be included; (II) All applicants must be bona fide residents of this state. No group or blanket plans of insurance shall be included. In lieu of weekly indemnity a like premium value in medical, surgical, and hospital benefits may be provided; (III) Only insurance of the owner's interest in real property situated in this state may be included; (IV) The policy must include insurance of legal liability for bodily injury and property damage to which the maximum and minimum insured amounts apply. All applicants must be bona fide residents of this state; (V) The maximums provided for in column (F) are net after deducting applicable reinsurance; (VI) The deposit of surplus in the amount specified in columns (G) and (H) must thereafter be maintained unimpaired. The deposit is subject to Chapter 12 of this title. Section 6 . Said title is further amended by striking subsection (a) of Code Section 33-17-16, relating to the surplus fund requirements for the transaction of insurance by domestic reciprocal insurers generally, and inserting in its place a new subsection (a) to read as follows: (a) A domestic reciprocal insurer formed under this chapter, if it has otherwise complied with the applicable provisions of this title, may be authorized to transact insurance if it has and thereafter maintains surplus funds as follows: (1) To transact property insurance, surplus funds of not less than $1.5 million; and (2) To transact casualty insurance, surplus funds of not less than $1.5 million. Section 7 . This Act shall become effective for the purposes of application to new or newly admitted insurers on Page 1282 January 1, 1991. This Act shall become effective for all purposes on July 1, 1992. Section 8 . All laws and parts in conflict with this Act are repealed. Approved April 11, 1990. ELECTIONSREGISTRARS; COMPENSATION. Code Section 21-2-211 Amended. No. 1301 (House Bill No. 1131). AN ACT To amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other registrars, so as to change the provisions relating to the per diem compensation or monthly compensation received by the chief registrars and other registrars; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of chief registrars and other registrars, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairman. The chief registrar shall be compensated in an amount of not less than $55.00 Page 1283 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. 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 11, 1990. INSURANCEFAIR ACCESS TO INSURANCE. Code Section 33-33-11 Amended. No. 1302 (House Bill No. 1195). AN ACT To amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1284 Section 1 . Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by striking Code Section 33-33-11, relating to the termination date of the chapter and outstanding obligations of the association, and inserting in its place a new Code Section 33-33-11 to read as follows: 33-33-11. This chapter shall no longer be of any force or effect after December 31, 1994, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968 or any reenactment of the same, whichever shall last occur, except that obligations incurred by the association to be established pursuant to this chapter shall not be impaired by the expiration of this chapter and such association shall be continued for the purpose of performing such obligations. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. FAIR HOUSING. Code Title 8, Chapter 3, Article 4 Amended. No. 1303 (House Bill No. 1202). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to comprehensively revise statutory provisions relative to fair housing and discriminatory practices associated with housing transactions; to provide for a statement of policy; to define certain terms; to prohibit certain discriminatory practices in the sale, rental, or leasing of certain residential dwellings; to provide exceptions; to prohibit certain practices associated with the selling, brokering, or appraising Page 1285 of residential real property or the making or purchasing of loans in connection with residential real property; to provide for the powers, duties, and functions of the Office of Fair Employment Practices and its administrator with regard to fair housing; to provide for educational and conciliatory activities; to provide procedures for the filing of complaints with the administrator; to provide for the investigation of complaints; to provide for referrals of certain cases to the Attorney General; to provide for notification of certain local agencies of violations of local fair housing laws; to provide for the issuance of charges on behalf of aggrieved persons or for the dismissal of complaints; to provide for administrative hearings and procedural matters associated with such hearings; to provide for judicial review; to provide for penalties and fines; to provide for civil actions; to provide for relief which may be granted by the court in a civil action, including injunctive relief and damages; to provide for certain civil actions to be initiated by the Attorney General; to authorize the adoption of local ordinances; to provide for cooperation with federal and local agencies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Article 4, relating to fair housing, in its entirety and inserting in its place a new Article 4 to read as follows: ARTICLE 4 8-3-200. It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout the state. 8-3-201. As used in this article, the term: (1) `Administrator' means the administrator of the Office of Fair Employment Practices created under Article 2 of Chapter 19 of Title 45. (2) `Aggrieved person' means any person who claims to have been injured by a discriminatory housing practice or Page 1286 who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur. (3) `Complainant' means the person, including the administrator, who files a complaint under Code Section 8-3-208. (4) `Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator. (5) `Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation. (6) `Covered multifamily dwelling' means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. (7) `Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222. (8) `Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (9) `Familial status' means, with respect to a person: (A) That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian; (B) That the person is the designee of a parent or other person having legal custody, with the written permission of the parent or other person, and that one Page 1287 or more individuals who have not attained the age of 18 years are being domiciled with such person; or (C) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (10) `Family' includes a single individual. (11) `Handicap' means, with respect to a person: (A) A physical or mental impairment which substantially limits one or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. (12) `Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (13) `Respondent' means: (A) The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and (B) Any other person or entity identified in the course of an investigation and notified as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207. (14) `State' means the State of Georgia. (15) `To rent' means to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Page 1288 8-3-202. (a) Except as exempted by subsection (b) or (d) of this Code section or Code Section 8-3-205, it shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin; (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin; (3) To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination; (4) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, familial status, or national origin or with a handicap; (6) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (A) That buyer or renter; Page 1289 (B) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (C) Any person associated with that buyer or renter; or (7) (A) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of: (i) That person; (ii) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (iii) Any person associated with that person. (B) For purposes of this paragraph, discrimination includes: (i) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or Page 1290 (iii) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in such a manner that: (I) The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (II) All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (III) All premises within such dwellings contain the following features of adaptive design: (a) an accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (C) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usableness for physically handicapped people (commonly cited as `ANSI A117.1') suffices to satisfy the requirements of subdivision (B)(iii)(III) of this paragraph. (b) (1) Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to: (A) Any single-family dwelling sold or rented by an owner; if: (i) Such private individual owner does not own more than three such single-family dwellings at any one time; Page 1291 (ii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family dwellings at any one time; (iii) Such dwelling is sold or rented: (I) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and (II) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection (c) of this Code section; but nothing in this paragraph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (B) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (2) In the case of the sale of any such single-family dwelling by a private individual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period. (c) For the purposes of subsection (b) of this Code section, a person shall be deemed to be in the business of selling or renting dwellings if: Page 1292 (1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. (d) Nothing contained in this Code section shall require that a dwelling be made available for rental or lease to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. 8-3-203. It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, handicap, familial status, or national origin. 8-3-204. (a) As used in this Code section, the term `residential real estate related transaction' means any of the following: (1) The making or purchasing of loans or providing other financial assistance: (A) For purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) Secured by residential real estate; or (2) The selling, brokering, or appraising of residential real property. Page 1293 (b) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, religion, sex, handicap, familial status, or national origin. (c) Nothing in this article shall be construed to prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status. 8-3-205. (a) Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons unless membership in such religion is restricted on account of race, color, sex, handicap, familial status, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (b) (1) As used in this subsection, the term `housing for older persons' means housing: (A) Provided under any state or federal program that the administrator determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; (B) Intended for, and solely occupied by, persons 62 years of age or older; or (C) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for Page 1294 older persons under this subsection, the administrator shall develop regulations which require at least the following factors: (i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; (ii) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (iii) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (2) Nothing in this article limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. The provisions in this article regarding familial status shall not apply with respect to housing for older persons. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (A) Persons residing in such housing as of July 1, 1990, who do not meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; provided, however, that new occupants of such housing meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; or (B) Unoccupied units; provided, however, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection. Page 1295 (4) Nothing in this article prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance. 8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices. (b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practices or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. (c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this article and shall cooperate with the administrator to further such purposes. (d) The administrator shall: (1) Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state; (2) Publish and disseminate reports, recommendations, and information derived from such studies; (3) Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article; Page 1296 (5) Adopt, promulgate, amend, and rescind, subject to the approval of the Governor after giving proper notice and hearing to all interested parties pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provision of this article; and (6) Certify to the Governor a list of qualified attorneys who have experience in housing, civil rights, or administrative law from which the Governor may select special masters as provided for in Code Section 8-3-213. 8-3-207. The administrator shall commence such educational and conciliatory activities as in the administrator's judgment will further the purposes of this article. The administrator shall call conferences of persons in the housing industry and other interested parties to acquaint them with this article and the administrator's suggested means of implementing this article and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. The administrator shall consult with state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in this state, and whether and how enforcement programs might be utilized to combat such discrimination in connection with the administrator's enforcement of this article. The administrator shall issue reports on such conferences and consultations as the administrator deems appropriate. 8-3-208. (a) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the administrator alleging such discriminatory housing practice. The administrator, on the administrator's own initiative, may also file such a complaint. Complaints shall be in writing and under oath and shall contain such information and be in such form as the administrator requires. Upon the filing of a complaint under this subsection, the administrator shall serve notice upon the aggrieved person acknowledging the filing and advising the aggrieved person of procedural time limits and the choice of forums provided under this article. Page 1297 (b) The administrator shall, not later than ten days after the filing of a complaint or the identification of an additional respondent under subsection (d) of this Code section, serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations under this article, together with a copy of the original complaint. Each respondent may file, not later than ten days after receipt of notice from the administrator, an answer to the complaint. (c) Complaints and answers shall be verified and may be reasonably and fairly amended at any time. (d) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of an investigation, may be joined as an additional or substitute respondent upon written notice to such person from the administrator as provided in subsection (b) of this Code section. In addition to meeting the requirements of subsection (b) of this Code section, the notice shall explain the basis for the administrator's belief that such person is properly joined as a respondent. 8-3-209. (a) The administrator shall investigate an alleged discriminatory housing practice and complete such investigation within 100 days after the filing of a complaint unless it is impracticable to do so. If the administrator is unable to complete the investigation within 100 days after the filing of a complaint, the administrator shall notify the complainant and respondent of the reasons for the failure to complete the investigation. (b) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the administrator, the administrator shall, to the extent feasible, engage in conciliation with respect to such complaint. A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant and shall be subject to approval by the administrator. A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. Each conciliation agreement Page 1298 shall be made public unless the complainant and respondent otherwise agree and the administrator determines that disclosure is not required to further the purposes of this article. (c) At the end of each investigation under this Code section, the administrator shall prepare a final investigative report containing the following: (1) The names and dates of contracts with witnesses; (2) A summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; (3) A summary description of other pertinent records; (4) A summary of witness statements; and (5) Answers to interrogatories. A final report under this subsection may be amended if additional evidence is later discovered. (d) Whenever the administrator has reasonable cause to believe that a respondent has breached a conciliation agreement, the administrator shall refer the matter to the Attorney General with a recommendation that a civil action be filed for the enforcement of such agreement. (e) (1) Nothing said or done in the course of conciliation under this article may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the parties concerned. (2) Notwithstanding paragraph (1) of this subsection, the administrator shall make available to the aggrieved person and the respondent at any time upon request following completion of the administrator's investigation information derived from an investigation and any final investigative report relating to that investigation. (f) (1) If the administrator concludes at any time following the filing of a complaint that prompt judicial action is Page 1299 necessary to carry out the provisions of this article, the administrator may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this Code section. Upon such authorization, the Attorney General may commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Chapter 11 of Title 9, the `Georgia Civil Practice Act.' The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this Code section and Code Sections 8-3-213 and 8-3-214 of this article. (2) Whenever the administrator has reason to believe that a basis may exist for the commencement of proceedings against any respondent under subsection (a) of Code Section 8-3-218 or for proceedings by any governmental licensing or supervisory authorities, the administrator shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case may be. 8-3-210. Wherever a local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent, as certified by the Secretary of Housing and Urban Development as provided in Section 810 of the federal Fair Housing Amendments Act of 1988, to the rights and remedies provided under this article, the administrator shall notify the appropriate local agency of any complaint filed which appears to constitute a violation of the local fair housing law, and the administrator shall take no further action with respect to such complaint if the local law enforcement official has, within 30 days from the date the alleged offense was brought to his attention, commenced proceedings in the matter. In no event shall the administrator take further action unless the administrator certifies that, in the administrator's judgment under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action. 8-3-211. (a) The administrator shall, within 100 days after the filing of the complaint, determine based on the facts Page 1300 whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is impracticable to do so or unless the administrator has approved a conciliation agreement with respect to the complaint. If the administrator is unable to make the determination within 100 days after the filing of the complaint, the administrator shall notify the complainant and respondent in writing of the reasons for not doing so. (b) (1) If the administrator determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall, except as provided in paragraph (3) of this subsection, immediately issue a charge on behalf of the aggrieved person. (2) The charge shall consist of a short and plain statement of the facts upon which the administrator has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur, shall be based on the final investigative report, and need not be limited to the facts or grounds alleged in the complaint. (3) If, after investigation, the administrator determines that the matter involves the legality of any state or local zoning or other land use law or ordinance, the administrator shall immediately refer the matter to the Attorney General for appropriate action instead of issuing such charge. (c) If the administrator determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the administrator shall promptly dismiss the complaint. The administrator shall make public disclosure of each such dismissal. The administrator may not issue a charge under this Code section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an act of Congress or a state law, seeking relief with respect to that discriminatory housing practice. After the administrator issues a charge under this Code section, the administrator shall cause a copy thereof to be served on each respondent named in such charge, together with a notice of Page 1301 opportunity for a hearing at a time and place specified in the notice, and on each aggrieved person on whose behalf the complaint was filed. 8-3-212. (a) The administrator may issue subpoenas and order discovery in aid of investigations and hearings under this article. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in superior court in which the investigation is taking place. (b) Witnesses summoned by a subpoena under this Code section shall be entitled to the same witness and mileage fees as witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by the party. (c) (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this Code section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00. (2) Any person who, with intent thereby to mislead another person in any proceeding under this article: (A) Makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a) of this Code section; (B) Willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) Willfully mutilates, alters, or by any other means falsifies any documentary evidence Page 1302 shall be guilty of a misdemeanor and shall be fined not more than $1,000.00. 8-3-213. (a) If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request of the person aggrieved, the Attorney General may bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article. (b) Whenever an action filed in court pursuant to subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall immediately terminate all efforts to obtain voluntary compliance. (c) (1) The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice: (A) Up to $10,000.00, if the respondent has not previously been found guilty of committing a discriminatory housing practice; (B) Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or (C) Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years. (2) The court may award reasonable attorney's fees and costs to the administrator in any action in which the administrator prevails or to the respondent in any action in which the respondent prevails only upon a showing that the action is frivolous, unreasonable, or without foundation. (d) Any local agency certified as substantially equivalent by the Secretary of Housing and Urban Development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance Page 1303 with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law. (e) (1) If the administrator is unable to obtain voluntary compliance with this article and has reasonable cause to believe that a discriminatory housing practice has occurred: (A) The administrator may institute an administrative proceeding under Chapter 13 of Title 50; or (B) The person aggrieved may request administrative relief under Chapter 13 of Title 50 within 20 days after receipt of service of a charge filed under Code Section 8-3-211. When an administrative hearing is to be instituted under subparagraph (A) or (B) of this paragraph, the administrator shall request that the Governor appoint, from the list provided for by paragraph (6) of Code Section 8-3-206, a special master to conduct a hearing in accordance with this article. Not more than 15 working days after such request, the Governor shall select and appoint a special master who must be an attorney licensed to practice law in this state. The special master shall have all the power and authority granted to agencies in conducting hearings and rendering final orders under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' including, but not limited to, subpoena power. (2) Not more than seven working days after the appointment of the special master, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person's attorney by registered or certified mail a written notice together with a copy of the compliant requiring the respondent to answer the charges contained therein at a hearing before the special master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (3) The respondent shall serve an answer with the special master by registered or certified mail not more than Page 1304 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the special master in the special master's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complainant's attorney at the last known address of the complainant or the complainant's attorney where the complainant is represented by an attorney. Upon leave of the special master, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the special master, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the special master may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence. (4) At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-19-40. (5) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the special master, any other person may intervene, examine and cross-examine witnesses, and present evidence. (6) Efforts at conference, conciliation, and persuasion shall not be received in evidence. Page 1305 (7) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the special master at the special master's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (8) Except as otherwise specifically provided for in this article, all proceedings of the special master shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50. 8-3-214. (a) If the special master determines that the respondent has not engaged in a discriminatory housing practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, dismissing the complaint. (b) If the special master determines that the respondent has engaged in a discriminatory housing practice, the special master shall state the special master's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief and reasonable attorney fees and costs. A prevailing respondent may be awarded reasonable attorney's fees and costs only upon a showing that the proceeding is frivolous, unreasonable, or without foundation. (c) No order of the special maste shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date of the issuance of such order, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon Page 1306 review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. (d) If the special master finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such special master shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal. 8-3-215. (a) Any party to a hearing before a special master may appeal any adverse final order of a special master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent within 30 days of the issuance of the final order. The special master shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the special master, including the transcript of the hearing before the special master and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; provided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. (b) The court shall not substitute its judgment for that of the special master as to the weight of the evidence on questions of fact. The court may affirm a final order of the special master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: Page 1307 (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) If, upon judicial review of any order of a special master or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the complainant. A prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that the action is frivolous, unreasonable, or without foundation. 8-3-216. Any person affected by a final order of the administrator or a special master may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master unappealed from or of a final order of a special master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. 8-3-217. (a) (1) An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a Page 1308 conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach of a conciliation agreement. (2) The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Code Section 8-3-208 and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation agreement. (4) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the administrator if a special master has commenced a hearing on the record under this article with respect to such charge. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and punitive damages, not to exceed the amount of $5,000.00, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff. A prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that a case is frivolous, unreasonable, or without foundation. (c) Relief granted under this Code section shall not affect any contract, sale, encumbrance, or lease consummated before Page 1309 the granting of such relief and involving a bona fide purchaser, lessee, or tenant without actual notice of a complaint filed with the administrator or civil action under this Code section. (d) Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon such intervention, the Attorney General may obtain such relief as would be available to the Attorney General under Code Section 8-3-218 in a civil action to which such Code section applies. 8-3-218. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate superior court. (b) (1) The Attorney General may commence a civil action in any appropriate superior court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the administrator under paragraph (3) of subsection (b) of Code Section 8-3-211. A civil action brought under this paragraph may be commenced not later than 180 days from the date a reasonable cause determination is issued by the administrator. (2) The Attorney General may commence a civil action in any appropriate superior court for appropriate relief with respect to breach of a conciliation agreement referred to the Attorney General by the administrator under subsection (d) of Code Section 8-3-209. A civil action brought under this paragraph may be commenced not later than the expiration of 90 days after the referral of the alleged breach under subsection (d) of Code Section 8-3-209. (c) The Attorney General, on behalf of the administrator or other party at whose request a subpoena is issued under this article, may enforce such subpoena in appropriate proceedings in the superior court for the county in which the person to Page 1310 whom the subpoena was addressed resides, was served, or transacts business. (d) (1) In a civil action brought under subsection (a) or (b) of this Code section, the court: (A) May award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the persons responsible for a violation of this article as is necessary to assure the full enjoyment of the rights granted by this article; (B) May award such other relief as the court deems appropriate, including actual damages to persons aggrieved; and (C) May, to vindicate the public interest, assess a civil penalty against the respondent: (i) In an amount not exceeding $50,000.00 for a first violation; or (ii) In an amount not exceeding $100,000.00 for any subsequent violation. (2) In a civil action brought under subsection (a) or (b) of this Code section, the court in its discretion may allow the prevailing party reasonable attorney's fees and costs; provided, however, that a respondent may be awarded reasonable attorney's fees and court costs only upon a showing that the action is frivolous, unreasonable, or without foundation. (e) Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) of this Code section which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under Code Section 8-3-217. Page 1311 8-3-219. Any court in which a proceeding is instituted under Code Section 8-3-217 or 8-3-218 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited. 8-3-220. A political subdivision of this state may adopt verbatim the laws against discriminatory housing practices cited in Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222 of this article as a local ordinance but may not expand or reduce the rights granted by this article. 8-3-221. The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such federal or local agencies. All agreements and terminations thereof shall be published in the Official Compilation of the Rules and Regulations of the State of Georgia. 8-3-222. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such person's having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this article. 8-3-223. Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph (11) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of handicapped persons be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail. Page 1312 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONTEACHER PERFORMANCE EVALUATION. Code Section 20-2-200 Amended. No. 1304 (House Bill No. 1212). AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, so as to provide requirements for the method of assessing on-the-job performance; to modify certain qualifications of certificated personnel needed in order to qualify for an exemption from the completion of an assessment to demonstrate satisfactory on-the-job performance; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certification requirements of professional personnel employed in public schools and regulation by the state board, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (b) (1) Before granting a renewable certificate to an applicant, the State Board of Education shall require the Page 1313 applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification. (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. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the state board as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the state board which will ensure demonstration of effective teaching practices. (3) An applicant shall be exempted from the written planning portion of the on-the-job assessment requirement pursuant to paragraph (2) of this subsection if: (A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Georgia Department of Education, or in public schools of this state or another state, or a combination thereof; or Page 1314 (B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Georgia Department of Education, or in public schools of this state or another state, or a combination thereof. (4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. 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. (5) Before granting an initial renewable certificate to an applicant, the state board is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge. (6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field. Page 1315 (7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. Section 2 . This Act shall become effective on July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. DIVORCEUNDEFENDED DIVORCE CASES; APPOINTMENT OF ATTORNEY TO DETERMINE LEGALITY AND SUFFICIENCY OF GROUNDS. Code Section 19-5-10 Amended. No. 1305 (House Bill No. 1228). AN ACT To amend Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, so as to repeal the provisions relating to the appointment of the district attorney to determine that the asserted grounds for divorce are legal and sustained by proof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-5-10 of the Official Code of Georgia Annotated, relating to the duty of the judge in undefended divorce cases and appointment of the district attorney or another attorney, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: Page 1316 (a) In divorce cases which are not defended by the responding party, the judge shall determine that the asserted grounds for divorce are legal and sustained by proof or shall appoint an attorney of the court to discharge that duty for him. An evidentiary hearing for the determination of the existence of the grounds for divorce and for the determination of issues of alimony, child support, and child custody and other issues is authorized but not required. If no evidentiary hearing is held, the determination of such matters may be made upon the verified pleadings of either party, one or more affidavits, or such other basis or procedure as the court may deem proper in its discretion. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MOTOR VEHICLESPRESTIGE LICENSE PLATES. Code Section 40-2-75.3 Enacted. No. 1306 (House Bill No. 1232). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide that under certain circumstances the state revenue commissioner shall issue special and distinctive motor vehicle license plates upon application to any veteran of the armed forces of the United States who has been awarded the Purple Heart citation; to provide procedures connected therewith; to provide for the design of such license plates; to provide for the transfer or return of such license plates under certain conditions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. Page 1317 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding between Code Sections 40-2-75.2 and 40-2-76 a new Code Section 40-2-75.3 to read as follows: 40-2-75.3. (a) Motor vehicle owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. 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 veteran shall be entitled to more than one special and distinctive motor vehicle license plate. (b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 500 applications have been received. After receipt of 500 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. 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, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. 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 license plates in lieu of the regular Georgia license plates. The manufacturing fee for such a special and distinctive license plate shall be $25.00. The commissioner Page 1318 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 (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a Purple Heart recipient. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, 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 veteran 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. (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-29. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1319 LAW ENFORCEMENT OFFICERS AND AGENCIESIMMUNITY FROM LIABILITY WHILE DIRECTING FUNERALS. Code Section 40-6-76 Amended. Code Section 45-9-3.1 Repealed. No. 1307 (House Bill No. 1246). AN ACT To amend Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or escorting funeral processions, so as to delete the provisions of said Code section; to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to provide for immunity of liability for law enforcement officers directing or escorting funeral processions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-9-3.1 of the Official Code of Georgia Annotated, relating to immunity from liability of law enforcement officers directing or escorting funeral processions, is amended by deleting the provisions of said Code section which read as follows: 45-9-3.1. Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same immunities from liability as the officer possesses while in the performance of other official duties. Section 2 . Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Any law enforcement officer who is directing or escorting a funeral procession in this state, whether such service is provided while on duty or not, shall enjoy the same Page 1320 immunities from liability as the officer possesses while in the performance of other official duties. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. JOINT BOARD OF FAMILY PRACTICEEXPENSE ALLOWANCE AND TRAVEL COST REIMBURSEMENT. Code Sections 45-7-21, 49-10-2, and 49-10-6 Amended. No. 1308 (House Bill No. 1272). AN ACT To amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide that members of the Joint Board of Family Practice receive such allowance and reimbursement; to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, so as to provide that members of the joint board receive a daily expense allowance and reimbursement of travel expenses; to provide that members of advisory committees of such joint board receive reimbursement of travel expenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to an expense allowance and travel cost reimbursement for members of certain boards and commissions, is amended by striking the word and at the end of paragraph (9); striking the symbol . at the end of paragraph (10) and inserting in lieu thereof the symbol and word ; and; and Page 1321 inserting immediately following paragraph (10) a new paragraph (11) to read as follows: (11) Joint Board of Family Practice. Section 2 . Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Joint Board of Family Practice, is amended by striking in its entirety Code Section 49-10-2, relating to the creation of the Joint Board of Family Practice, and inserting in lieu thereof a new Code Section 49-10-2 to read as follows: 49-10-2. (a) (1) There is created the Joint Board of Family Practice, hereafter in this chapter referred to as `joint board.' The joint board shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3. Effective July 1, 1984, the joint board shall be composed of one member from each congressional district and three members from the state at large. All members shall be appointed by the Governor and confirmed by the Senate. Twelve members of the board shall be family physicians who are licensed under Article 2 of Chapter 34 of Title 43, relating to medical practitioners. One member shall have no connection with the practice of medicine. (2) The first members of the joint board who are appointed as provided in paragraph (1) of this subsection shall take office on July 1, 1984. Two members shall serve an initial term of one year; two members shall serve an initial term of two years; two members shall serve an initial term of three years; two members shall serve an initial term of four years; two members shall serve an initial term of five years; and three members shall serve an initial term of six years. Thereafter, successors to such members shall be appointed for terms of six years. The Governor shall designate the term to which each initial member is appointed. All members shall serve until their successors are appointed and qualified. Members appointed under this paragraph shall be eligible to serve on the joint board until confirmed by the Senate at the session of the General Assembly next following their appointment. Page 1322 (3) In case of a vacancy on the joint board by reason of death or resignation of a member or for any other cause other than the expiration of the member's term of office, the joint board shall by secret ballot elect a temporary successor. If the General Assembly is in session, the temporary successor shall serve until the end of that session. If the General Assembly is not in session, the temporary successor shall serve until the end of the session next following the vacancy or until the expiration of the vacated member's term of office, whichever occurs first. The Governor shall appoint a permanent successor who shall be confirmed by the Senate. The permanent successor shall take office on the first day after the General Assembly adjourns and shall serve for the unexpired term and until his successor is elected and qualified. (b) The joint board shall annually elect from its membership a chairman, a vice-chairman, and a secretary-treasurer by ballot. Meetings shall be held at the call of the chairman or upon written request of a majority of the members. A majority of members then in office shall constitute a quorum and shall have the authority to act upon any matter properly brought before the joint board. The joint board shall keep permanent minutes and records of all its proceedings and actions. (c) Each member of the joint board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day or substantial portion thereof that such member of the joint board is engaged in the work of the joint board, in addition to such reimbursement for travel and other expenses as is normally allowed to state employees. No member of the joint board shall receive the above per diem for more than 30 days in any one calendar year. (d) The joint board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the joint board. Such staff members shall be employed within the limits of the appropriations made to the joint board. (e) The joint board, as it deems appropriate, shall have the authority to appoint advisory committees to advise the joint board on the fulfillment of its duties. The members of the advisory committees shall not receive any per diem or reimbursements; Page 1323 provided, however, that such members shall receive the mileage allowance provided for in Code Section 50-19-7 for the use of a personal car in connection with attendance at meetings called by the joint board. Section 3 . Said chapter is further amended by striking in its entirety Code Section 49-10-6, relating to the duties and powers of the Joint Board of Family Practice, and inserting in lieu thereof a new Code Section 49-10-6 to read as follows: 49-10-6. The joint board shall have the responsibility of monitoring the family practice residency training program within the state and recommending from time to time that the General Assembly appropriate funds for this purpose. Within the limits of funding appropriated by the General Assembly, the joint board shall develop programs to encourage family practice education for medical students as well as practitioners of medicine to enhance their competence and the quality of medical care which they provide. In carrying out its duties, the joint board shall have, but not be limited to, the power to contract with other state and federal agencies, persons, corporations, associations, institutions, and authorities. In addition, the joint board shall have the authority to adopt reasonable rules and regulations to carry out this chapter. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1324 TAX RECEIVERSDUTIES; RECORDS; REPORTS; COMPUTERIZED LISTS; MARRIAGE AND FAMILY THERAPISTS. Code Sections 48-5-103, 48-5-138, 48-5-153, 48-5-161, and 48-13-5 Amended. Code Section 48-5-160 Repealed. No. 1309 (House Bill No. 1298). AN ACT To amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to change the provisions relating to duties of tax receivers; to change the provisions relating to making up and balancing record books; to authorize the use of computerized lists instead of cashbooks or record books; to change the conditions for making certain reports; to delete certain stub book requirements and duties relating thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking paragraph (4) of Code Section 48-5-103, relating to duties of tax receivers, and inserting in its place a new paragraph to read as follows: (4) Receive tax returns at any time when a taxpayer applies to submit his returns, except that receipt at such time shall not reduce, eliminate, or otherwise affect any penalty, interest, or similar assessment otherwise due for any return not received as provided in paragraph (1) of this Code section;. Section 2 . Said article is further amended by striking paragraph (6) of said Code Section 48-5-103, relating to duties of tax receivers, and inserting in its place a new paragraph to read as follows: Page 1325 (6) Compile and make available for public inspection in the office of the tax collector a list of all the defaulters and the amount of each defaulter's taxes, interest, and penalties;. Section 3 . Said article is further amended by striking subsection (d) of Code Section 48-5-138, relating to keeping a cashbook of receipts and disbursements, and inserting in its place a new subsection to read as follows: (d) The tax collector or tax commissioner shall make and file an accounting as required by Code Section 48-5-154. The record book shall be preserved by the tax collector or tax commissioner in the tax collector's or tax commissioner's office. The record book or a transcript of the record book, when properly authenticated, shall be admitted in evidence in courts of this state as evidence of the payment of taxes. The commissioner shall furnish the tax collectors and tax commissioners the book required pursuant to this Code section at the state's expense. Section 4 . Said article is further amended by adding at the end of Code Section 48-5-138, relating to keeping a cashbook of receipts and disbursements, a new subsection to read as follows: (e) Instead of the cashbook or record book specified in this Code section, a tax collector or tax commissioner is authorized to maintain a computerized list showing the information required under this Code section, which list shall be deemed to be such cashbook or record book for the purposes of this article. Section 5 . Said article is further amended by striking subsection (a) of Code Section 48-5-153, relating to reports of unpaid taxes, and inserting in its place a new subsection to read as follows: (a) On December 20 in each year each tax collector or tax commissioner shall furnish to the commissioner and to the county governing authority, upon the request of either, a report showing the amount of state taxes and the amount of county taxes remaining unpaid on the tax digest and, every 30 days thereafter until a final settlement is made with both the state and the county, shall furnish to the commissioner and the Page 1326 governing authority, upon the request of either, a report showing the amount of state taxes collected and the amount of county taxes collected from December 20 to the date of rendering the report. Each report shall also show the amount of interest collected from the delinquent or defaulting taxpayers. Section 6 . Said article is further amended by striking Code Section 48-5-160, relating to keeping stub books, and inserting in its place the following: 48-5-160. Reserved. Section 7 . Said article is further amended by striking subsections (b) and (c) of Code Section 48-5-161, relating to issuance of executions, and inserting in their place the following: (b) When executions have been issued, it shall be the duty of the officer issuing the execution to place the execution in the hands of an officer authorized by law to collect the execution and make an entry on his execution docket of the name of the officer and the date of delivery. (c) (1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall enter the amount collected including all costs, commissions, interest, and penalties as provided by law on the execution. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office. (2) Once a levy is made or posted on the property of a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. Page 1327 (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12. Section 8 . Article 1 of Chapter 13 of Title 48 subsection (a) of Code Section 48-13-5 is amended by adding the following: For the purpose of this subsection only, marriage and family therapists shall include social workers and professional counselors. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. ELECTIONSDISPOSITION OF CAMPAIGN CONTRIBUTIONS. Code Section 21-5-33 Amended. No. 1310 (House Bill No. 1312). AN ACT To amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to eliminate the authorization for conversion of contributions to personal use; to authorize certain transfers of such contributions to persons making such contributions; to provide that contributions and interest thereon, if any, shall not constitute personal assets of a candidate or public officer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1328 Section 1 . Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, is amended by striking subsections (b) and (c) and inserting in their place new subsections to read as follows: (b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations; (B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee; (D) For use in future campaigns for any elective office; or (E) For repayment of any prior campaign obligations incurred as a candidate. (2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate's or such public officer's last election or elective office after the payment of any expenses Page 1329 pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (E) of paragraph (1) of this subsection. (c) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer. Section 2 . Nothing in this Act shall apply to or affect contributions lawfully converted to the personal use of a candidate or public officer 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 11, 1990. HIGHWAY REST AREASJURISDICTION OF UNIFORM DIVISION OF DEPARTMENT OF PUBLIC SAFETY. Code Section 35-2-32 Amended. No. 1311 (House Bill No. 1435). AN ACT To amend Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, so as to expressly and affirmatively grant certain law enforcement jurisdiction over highway safety rest areas and welcome centers to the Uniform Page 1330 Division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-2-32 of the Official Code of Georgia Annotated, relating to jurisdiction and duties of the Uniform Division of the Department of Public Safety, is amended by adding a new subsection (c) to read as follows: (c) Without limiting the generality of any other provisions of this article, it is specifically provided that the Uniform Division shall have jurisdiction to patrol safety rest areas and welcome centers located on or adjacent to the state highway system for the purposes of: (1) enforcing the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles; (2) enforcing the criminal laws of this state; and (3) enforcing the laws of this state and the regulations of the Department of Transportation with respect to the use of such safety rest areas and welcome centers. The limitations of paragraph (5) of subsection (a) of Code Section 35-2-33 shall not apply with respect to enforcement in safety rest areas and welcome centers. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1331 PROBATIONFINES, COSTS, OR RESTITUTION AS CONDITION OF PROBATION; USE OF CIVIL REMEDIES TO COLLECT. Code Section 42-8-34.2 Enacted. No. 1312 (House Bill No. 1440). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for the use of writs of fieri facias and other civil remedies to collect delinquent payments, fines, costs, and restitution or reparations ordered as a condition of probation; to provide for collection by the state-wide probation system of the Department of Corrections; to provide for affidavits by probation supervisors, judicial supervision, and related matters; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by adding after Code Section 42-8-34.1 a new Code Section 42-8-34.2 to read as follows: 42-8-34.2. (a) In the event that a defendant is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's probation officer is authorized, but not required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts the department has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, said arrearage shall then be collectible through issuance of a writ of fieri facias by the clerk of the sentencing court; and the department may enforce such collection through any judicial or other process or procedure Page 1332 which may be used by the holder of a writ of execution arising from a civil action. (b) This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case. Section 2 . This Act shall become effective July 1, 1990, and shall apply with respect to sentences entered prior to said effective date as well as sentences entered on or after said effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COMMERCE AND TRADEINVESTMENT ADVISERS. Code Sections 10-5-2, 10-5-9, 10-5-12, and 10-5-14 Amended. No. 1313 (House Bill No. 1463). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to add certain language to the definition of investment adviser; to provide that a person shall not hold himself out as an investment adviser or financial planner unless such person is registered as such under this chapter; to provide for certain exempt transactions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1333 Section 1 . Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking paragraph (8) of subsection (a) of Code Section 10-5-2, relating to definitions in the Georgia Securities Act of 1973, in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. As used in this chapter, the term `certified public accountant' means a certified public accountant or a firm thereof, registered pursuant to Chapter 3 of Title 43. `Investment adviser' shall also include any person who holds himself out as a `financial planner' or `investment adviser' other than a certified public accountant. The term `investment adviser' does not include a certified public accountant whose performance of investment advisory services is solely incidental to the practice of his profession or who does not accept or receive, directly or indirectly, any commission, payment, referral, or other form of remuneration as a result of the purchase or sale of a specific security by a client, does not recommend the purchase or sale of specific securities, and does not have custody of client funds or securities for investment purposes. Unless they hold themselves out as such, the term `investment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term `investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, Page 1334 as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities. Section 2 . Said chapter is further amended by striking paragraph (12) of Code Section 10-5-9, relating to exempt transactions, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows: (12) Any transaction involving the issuance or transfer of securities of the issuer by the issuer or by a subsidiary of the issuer to a corporation or its shareholders, to a business or real estate investment trust or the holders of beneficial interest thereof, or to a partnership or limited partnership or the partners thereof in connection with a merger, share exchange, consolidation, reclassification of securities, or sale or transfer of corporate, trust, or partnership assets in consideration of the issuance or transfer of such securities, where the transaction must be approved by the holders of at least a majority of the voting shares, beneficial interests, or partnership interests of such corporation, trust, or partnership pursuant to its articles or certificate of incorporation, corporate charter or trust instrument, partnership agreement, or the applicable corporation, trust, or partnership statute;. Section 3 . Said chapter is further amended by striking subsection (g) of Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he is, a `financial planner' or `investment adviser' or use as descriptive of his business the term `financial planner' or `investment adviser' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is either a certified public accountant or is registered as an investment adviser or investment adviser representative under this chapter. The use of the term `financial planner' or `investment adviser' or a similar term to describe a person's business shall not be used in Page 1335 such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner. Section 4 . Said chapter is further amended by adding immediately following subsection (j) of Code Section 10-5-12, relating to unlawful practices, new subsections (k) and (l) to read as follows: (k) The provisions of subsections (h) and (i) of this Code section and paragraph (1) of subsection (j) of this Code section shall be applicable to any certified public accountant who holds himself out as a `financial planner' or `investment adviser.' (l) All records relating to the preparation of financial plans and the giving of investment advice prepared and maintained by a certified public accountant who holds himself out as a `financial planner' or `investment adviser' are subject to reasonable examination by representatives of the commissioner, within or outside this state, as the commissioner deems necessary or appropriate to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter. This provision shall not be construed to require, or authorize the commissioner to require, such certified public accountant to disclose the identity, investments, or affairs of any client of such certified public accountant, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of this chapter. Section 5 . Said chapter is further amended by striking subsections (b) and (e) of Code Section 10-5-14, relating to civil liability from sales of securities, in their entirety and inserting in lieu thereof new subsections (b) and (e) to read as follows: (b) Every contract between a certified public accountant who holds himself out as a `financial planner' or an `investment adviser' and an advisory client or between an investment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter made, the performance of which involves the violation of or continuance of any relationship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void: Page 1336 (1) As regards the rights of any person who, in violation of any such provision, rule, regulation, or order shall have made or engaged in the performance of any such contract; and (2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. The advisory client who is a party to such a contract may sue to recover the consideration paid under such contract to such investment adviser or investment adviser representative, together with interest thereon at the annual rate of 6 percent from the date of payment of the consideration, plus costs and reasonable attorney's fees. (e) With respect to the activities of a certified public accountant who holds himself out as a `financial planner' or an `investment adviser' or an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based. 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 11, 1990. Page 1337 TAX EXECUTIONSPUBLIC UTILITIES. Code Title 48, Chapters 3 and 5 Amended. No. 1314 (House Bill No. 1480). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the issuance of certain executions against public utilities by certain local tax officials; to provide for an exception with respect to certain railroad equipment companies; to change certain provisions regarding public inspection of certain returns and tax documents of certain public utilities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-3-3, relating to issuance of executions by tax collectors or tax commissioners, and inserting in its place a new subsection (a) to read as follows: (a) The tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him at any time after 30 days have elapsed since giving notice as provided in subsection (b) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state. Section 2 . Said title is further amended by striking Code Section 48-5-512, relating to the issuance of executions against public utilities, and inserting in its place a new Code Section 48-5-512 to read as follows: 48-5-512. (a) If any person required to make a return to the commissioner fails to return the taxable property or pay annually to the state, any county, or any municipality the taxes for which it may be liable by reason of the return, the county tax collector or tax commissioner or the municipal governing authority or its designee, as appropriate, shall issue an execution Page 1338 for the amount of taxes due, according to the law, together with the costs and penalties. (b) The executions issued by the county tax collector or tax commissioner or the municipal governing authority or its designee, as appropriate, against any corporation or other company shall be directed to all sheriffs and other lawful officers of this state with directions to levy the execution on the property of the corporation or company and with the authority to issue and serve garnishments upon the debtors of the corporation or company. Section 3 . Said title is further amended by striking Code Section 48-5-515, relating to availability of certain returns and tax documents for public inspection, and inserting in its place a new Code Section 48-5-515 to read as follows: 48-5-515. Every return made to the commissioner by any person required to make returns of the value of its properties or franchises to the commissioner under this article or Article 9 or Article 12 of this chapter and every document used to arrive at evaluation within the custody of the commissioner or the department, with the exception of income tax returns, shall be made available for inspection upon the request of any interested person at a reasonable time and accessible place to be reasonably determined by the commissioner. It is the intent of this Code section to make the returns and documents easily and readily available for public inspection, and the discretion of the commissioner shall be exercised accordingly. Section 4 . Said title is further amended by adding a new subsection providing for the issuance of tax executions by the state revenue commissioner, at the end of Code Section 48-5-519, relating to taxation of railroad equipment companies, to be designated subsection (e) to read as follows: (e) (1) If any chief executive officer of a railroad equipment company required to make a return to the commissioner by this Code section fails to return the taxable property or pay to the state all taxes for which such company may be liable by reason of the return, the commissioner shall issue an execution for the amount of taxes due, according to the law, together with costs and penalties. Page 1339 (2) The executions issued by the commissioner against any such company shall be directed to all sheriffs, constables, and other lawful officers of this state with directions to levy the execution on the property of the corporation or company and with the authority to issue and serve garnishments upon the debtors of the corporation or company. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. TEACHERS' CERTIFICATESFEES. Code Section 20-2-200 Amended. No. 1315 (House Bill No. 1499). AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, so as to change certain 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 20-2-200 of the Official Code of Georgia Annotated, relating to certifying professional personnel, is amended by striking subsection (e) thereof and inserting in its place a new subsection to read as follows: (e) (1) The State Board of Education shall charge the following fees to persons who file applications with the state board under its regulations adopted pursuant to the authority of this Code section: Page 1340 (A) For an applicant for initial certification who is not actively teaching in Georgia public or private schools $ 20.00 (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university 20.00 (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate 20.00 (E) For an applicant for a conditional certificate 20.00 (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia 20.00 (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates 20.00 (2) The fees provided for in paragraph (1) of this sub-section shall be paid by an applicant by cashier's check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the State Board of Education into the general funds of the state. The State Board of Education into the general funds of the state. The State Board of Education shall adopt regulations to carry out the provisions of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATIONSICK LEAVE. Code Section 45-20-16 Amended. No. 1316 (House Bill No. 1513). 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 authorize an employee in the classified service who has accumulated sick leave to use such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; to provide that an employee may be required to telephone the appropriate authority each day when such employee is absent from work on sick leave; to authorize the appointing authority to disapprove the use of sick leave by an employee in accordance with the criteria established in the rules and regulations of the State Personnel Board; to authorize an employee to contest the disapproval of sick leave through a department's employee complaint procedure; 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 Page 1342 System of Personnel Administration, is amended by striking in its entirety Code Section 45-20-16, relating to accrual of sick leave and conversion to and use of personal leave, and inserting in lieu 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 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) Any employee in the classified service who has accumulated sick leave shall be authorized to use such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that, whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. (e) If the appointing authority disagrees with the claim of sickness or need to utilize sick leave made by the employee pursuant to subsection (d) of this Code section, the appointing Page 1343 authority may disapprove the use of such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure. (f) 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 11, 1990. LOCAL BOARDS OF EDUCATIONFAILURE TO ARRANGE FOR OPERATION OF SCHOOLS. Code Section 20-2-63 Repealed. No. 1317 (House Bill No. 1516). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to repeal Code Section 20-2-63, relating to failure to arrange for operation of schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by repealing in its entirety Code Section 20-2-63, which reads as follows: Page 1344 20-2-63. Whenever a board of education shall fail in any year to make arrangements to put schools in operation, it shall forfeit all rights to participation in the school funds of that year, unless the failure to arrange for such schools was from providential cause or other good and sufficient reason, to be judged by the State Board of Education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONSUSPENDING AND REOPENING LOCAL SCHOOL SYSTEMS. Code Title 20, Chapter 2, Article 13 Repealed. No. 1318 (House Bill No. 1517). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to repeal Article 13 thereof, relating to suspending and reopening local school systems; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult Page 1345 education, is amended by repealing in its entirety Article 13 thereof, relating to suspending and reopening local school systems. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COUNTIESTRANSPORTATION OF WASTE; VIOLATION OF COUNTY ORDINANCES. Code Sections 36-1-16 and 36-1-20 Amended. No. 1319 (House Bill No. 1567). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of law applicable to counties, so as to change provisions relating to county environmental regulation; to change provisions relating to transportation of certain waste materials across county lines; to change provisions relating to penalties for violation of certain county ordinances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of law applicable to counties, is amended by striking Code Section 36-1-16, relating to transportation of certain waste materials across county lines, and inserting in its place a new Code section to read as follows: 36-1-16. (a) No person, firm, corporation, or employee of any municipality shall transport, pursuant to a contract, whether oral or otherwise, garbage, trash, waste, or refuse across state or county boundaries for the purpose of dumping the same at a publicly or privately owned dump, unless permission Page 1346 is first obtained from the governing authority of the county in which the dump is located and from the governing authority of the county in which the garbage, trash, waste, or refuse is collected. (b) Subsection (a) of this Code section shall not apply to the transportation of any material which is regulated pursuant to Article 2 of Chapter 5 of Title 12, the `Georgia Water Quality Control Act,' or Chapter 9 of Title 12, `The Georgia Air Quality Act of 1978.' Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 36-1-20, relating to county ordinances, and inserting in its place a new subsection (b) to read as follows: (b) Each such ordinance shall specify the maximum punishment which may be imposed for a violation of the ordinance; and in no case shall the maximum punishment for the violation of any such ordinance exceed a fine of $500.00 or imprisonment for 60 days or both; provided, however, that for violation of a pretreatment standard or requirement adopted pursuant to the federal Clean Water Act the ordinance may specify that the fine may be up to $1,000.00 per day for each violation by an industrial user. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1347 NUISANCESDWELLINGS UNFIT FOR HABITATION. Code Section 41-2-9 Amended. No. 1320 (House Bill No. 1570). AN ACT To amend Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, so as to provide that a hearing relating to a dwelling, building, or structure alleged to be unfit for habitation shall be held in the municipality when the property in question is located within a municipality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 41-2-9 of the Official Code of Georgia Annotated, relating to county or municipal ordinances relating to unfit buildings or structures, is amended by striking paragraph (2) of subsection (b) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) 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 or municipality in which the property is Page 1348 located, 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;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. CITY BUSINESS IMPROVEMENT DISTRICTSFUNDING SUPPLEMENTAL SERVICES. Code Sections 36-43-4 and 36-43-6 Amended. No. 1321 (House Bill No. 1601). AN ACT To amend Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, so as to authorize the assessment and collection of surcharges on business license fees and occupation taxes to fund supplemental services provided within a district; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 43 of Title 36 of the Official Code of Georgia Annotated, relating to city business improvement districts, is amended by striking Code Section 36-43-4, relating to the powers of municipalities with respect to such districts, in its entirety and substituting in lieu thereof a new Code Section 36-43-4 to read as follows: Page 1349 36-43-4. Upon the establishment of any city business improvement district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable shall have authority to exercise the following powers with respect to each such district, subject to this chapter: (1) To adopt a district plan for the provision of supplemental services to the district and to adopt budgets for the implementation of such supplemental services; (2) To fix and levy annually a millage upon real and personal property within the district, to make such assessments liens upon the properties, and to enforce such liens in the same manner as other city taxes; (3) To provide supplemental services or to contract with nonprofit corporations for all or part of the supplemental services required to implement the plan; (4) To mandate design and rehabilitation standards for buildings located within the district; and (5) To levy and collect a surcharge on existing business license and occupation taxes upon businesses and occupations within the district, and to enforce liens for nonpayment of said surcharges in the same manner as other city taxes. Section 2 . Said chapter is further amended by striking Code Section 36-43-6, relating to the financing of districts, in its entirety and substituting in lieu thereof a new Code Section 36-43-6 to read as follows: 36-43-6. The expense incurred in the provision of supplemental services within a district shall be financed in accordance with the district plan upon which the establishment or extension of the district was based, provided that the cost of supplemental services shall not include the cost to the district of services performed by the municipality on a city-wide basis. Property tax charges and business license fee and occupation tax surcharges shall be levied and collected in the same manner, Page 1350 at the same time, and by the same officers as other city taxes and assessments. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. REVENUE AND TAXATIONDEFINITION OF INTERNAL REVENUE CODE. Code Section 48-1-2 Amended. No. 1322 (House Bill No. 1614). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of 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 thereby to 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 . Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of 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 Page 1351 1986 provided for in federal law enacted on or before January 1, 1990. 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, 1990, 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 approval and shall apply to taxable years beginning on or after January 1, 1990. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1990, 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 11, 1990. JUVENILE COURTSDETENTION OF UNRULY CHILDREN. Code Section 15-11-20 Amended. No. 1323 (House Bill No. 1616). AN ACT To amend Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, so as to change the facilities in which certain unruly children may be detained and the conditions regarding such detention; to repeal conflicting laws; and for other purposes. Page 1352 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-11-20 of the Official Code of Georgia Annotated, relating to the place of detention of juvenile offenders, is amended by striking subsection (e) thereof and inserting in lieu thereof a new subsection (e) to read as follows: (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; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1353 REVENUE AND TAXATIONEXEMPTIONS FROM INTANGIBLE TAXES. Code Section 48-6-22 Amended. No. 1324 (House Bill No. 1623). AN ACT To amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law; to provide for other matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, is amended by striking paragraph (16) and inserting in its place a new paragraph (16) to read as follows: (16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, 1991, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of the Georgia corporation was exempt from such tax prior to such reorganization. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1354 EDUCATIONELEMENTARY, SECONDARY, AND ADULT EDUCATION; ALTERNATIVE PROGRAMS; FUNDS; GRANTS. Code Title 20, Chapter 2 Amended. No. 1325 (House Bill No. 1640). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult educations, so as to authorize local units of administration to provide alternative programs beyond the regular daytime educational program; to provide for matters relative thereto; to change the manner of computing the full-time equivalent count for the allotment of certain funds; to change the manner of calculating the equalization grant; to change the provisions relative to definitions; to provide for teacher support specialists; to change the provisions relative to the amount of additional payments to supervisors of student teachers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking in its entirety subsection (a) of Code Section 20-2-150, relating to eligibility for enrollment in the public schools, and substituting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they Page 1355 receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular day-time educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual. Section 2 . Said chapter is further amended by striking subsection (e) of Code Section 20-2-160, relating to determination of enrollment by instructional programs, and inserting in its place the following: (e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average of the local school system's three full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the Page 1356 funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the third full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average of the local system's first two full-time equivalent program counts and the projected third full-time equivalent program count for the current fiscal year. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 20-2-162, relating to annual recalculation of amount of funding, and inserting in its place the following: (a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first two full-time equivalent counts and the projected third full-time equivalent count for the current fiscal year; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the third full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the third full-time equivalent count for the current fiscal year is lower than the projected third count, the midterm adjustment shall be calculated using the average of the three actual full-time equivalent counts for the current fiscal year. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 Page 1357 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment. Section 4 . Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 20-2-165, relating to annual calculation and allocation of equalization grants, and inserting in its place the following: (3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized; Section 5 . Said chapter is further amended by striking in its entirety Code Section 20-2-833, relating to additional payments to certain supervisors of student teachers, and substituting in lieu thereof a new Code Section 20-2-833 to read as follows: 20-2-833. (a) As used in this Code section, the term: Page 1358 (1) `Student teaching' means the full-time component of a teacher education program in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system, state operated school, or school operated by the United States Department of Defense on a military reservation for classroom experience and which is designated in a teacher education program approved by the Department of Education as student teaching or internship. (2) `Supervising teacher' means a public school-teacher who is employed by a local board of education, state operated school, or school operated by the United States Department of Defense on a military reservation and who is designated to provide professional supervisory services in the supervision of a specific student teacher. (3) `Supervising teacher services certificate' or `teacher support specialist certificate' means a supplementary certificate available from the Department of Education to persons who have completed a supervising teacher or teacher support specialist program approved by the Department of Education. (b) The Department of Education shall establish minimum requirements to be met by each supervising teacher or teacher support specialist. (c) The Department of Education shall make payments to supervising teachers or teacher support specialists for each quarter or semester in which services are provided by such personnel as follows: (1) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section and holds a valid supervising teacher or teacher support specialist certificate shall receive $750.00 for each such quarter or semester; and (2) A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section but does not hold a valid supervising teacher or teacher support Page 1359 specialist certificate shall receive $50.00 for each such quarter or semester. (d) Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers or teacher support specialists. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher or teacher support specialist shall be reduced pro rata. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONTESTS, PROCEDURES, AND POLICIES TO DETERMINE READINESS FOR FIRST GRADE. Code Section 20-2-151 Amended. No. 1326 (House Bill No. 1641). AN ACT To amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, so as to change the provisions relating to assessments for first grade readiness; to provide for assessments and grade placement decisions; to provide for guidelines, documentation, and reports; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1360 Section 1 . Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs, is amended by striking paragraph (2) of subsection (b) thereof and inserting in its place a new paragraph to read as follows: (2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being handicapped or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Page 1361 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COUNTY BOARDS OF EQUALIZATIONTAXPAYER'S APPEALS. Code Section 48-5-311 Amended. No. 1327 (House Bill No. 1660). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to revise and change certain provisions relating to certain taxpayer appeals; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, is amended by striking paragraph (2) of subsection (e) and inserting in its place a new paragraph (2) to read as follows: (2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the Page 1362 taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer which notice shall also explain the taxpayer's right to appeal to the county board of equalization. The taxpayer shall, within 21 days following his receipt of such notice, institute such appeal by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1363 DISTRICT ATTORNEYSPERSONNEL POSITIONS IN OFFICE OF DISTRICT ATTORNEY. Code Section 15-18-28 Enacted. No. 1328 (House Bill No. 1663). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for the continuation of certain personnel positions in the offices of district attorneys under certain circumstances; to provide for position transfers; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, is amended by inserting after Code Section 15-18-27 a new Code section to read as follows: 15-18-28. (a) Notwithstanding any other provisions of law to the contrary, each personnel position in the office of a district attorney, which position exists or was created or authorized on or after the effective date of this Code section, whether pursuant to the provisions of Code Section 15-18-14, 15-18-14.1, or 15-18-17 or pursuant to any general or local Act applicable to a judicial circuit or any county thereof, shall continue to exist or be authorized within such judicial circuit until otherwise provided by law. (b) For purposes of this subsection, a personnel position shall be each personnel position in the office of a district attorney which is continued pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of law to the contrary, if a judicial circuit, or portion thereof, is merged with, consolidated with, or otherwise becomes a part of: Page 1364 (1) Only one other judicial circuit, that other judicial circuit shall have transferred to it those personnel positions for the judicial circuit, or portion thereof, which has been merged with, consolidated with, or otherwise become a part of it; or (2) More than one other judicial circuit, those other judicial circuits shall have equitably allocated to them by the Prosecuting Attorneys' Council of the State of Georgia those personnel positions for the judicial circuit, or portion thereof, which has been merged with, consolidated with, or otherwise become a part of them. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. STANDARD FIRE PREVENTION CODE (SBCCI)STATE-WIDE APPLICATION. Code Sections 8-2-20 and 8-2-25 Amended. No. 1329 (House Bill No. 1680). AN ACT To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, so as to provide that on and after October 1, 1991, the Standard Fire Prevention Code (SBCCI) shall have state-wide application and shall not require adoption by a municipality or county; to change the definition of a certain term; to change the provisions relating to the requirement that certain codes must be adopted by municipalities Page 1365 and counties before becoming effective; 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 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, and electrical codes and other state codes, is amended by striking in its entirety division (9)(B)(i) of Code Section 8-2-20, relating to definitions, and inserting in lieu thereof a new division (i) to read as follows: (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 Fire Prevention Code (SBCCI); (IX) Standard Housing Code (SBCCI); (X) Standard Amusement Device Code (SBCCI); Page 1366 (XI) Excavation and Grading Code (SBCCI); (XII) Standard Existing Buildings Code (SBCCI); (XIII) Standard Swimming Pool Code (SBCCI); and (XIV) Standard Unsafe Building Abatement Code (SBCCI). Section 2 . Said part is further amended by striking in their entirety subsections (a) and (b) of Code Section 8-2-25, relating to the state-wide application of minimum standard codes, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) On and after October 1, 1991, the state minimum standard codes enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20 shall have state-wide 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)(IX) 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1367 GEORGIA LIFE INSURANCE AND HEALTH INSURANCE GUARANTY ASSOCIATIONASSESSMENTS. Code Section 33-38-15 Amended. No. 1330 (House Bill No. 1710). AN ACT To amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to revise provisions relative to assessments against insurers which are members of such association; to provide for classes of assessments and the method of computing such assessments; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking subsections (b) and (c) of Code Section 33-38-15, relating to assessments against insurers which are members of the association, and inserting in its place new subsections (b) and (c) to read as follows: (b) There shall be two classes of assessments, as follows: (1) Class A assessments shall be made for the purpose of meeting administrative costs and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; and (2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent insurer. (c) (1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If a Class A assessment is Page 1368 made on a pro rata basis, the board may provide that it be credited against future Class B assessments. An assessment for costs and expenses other than for examinations which is made on a non-pro rata basis shall not exceed $150.00 per company in any one calendar year. The amount of any Class B assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection (c) of Code Section 33-38-5 pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board in its sole discretion as being fair and reasonable under the circumstances. (2) Class B assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the three most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers. (3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1369 TEACHERS RETIREMENT SYSTEM OF GEORGIAINCOME TAXATION ON CONTRIBUTIONS. Code Section 48-7-27 Amended. No. 1331 (House Bill No. 1711). AN ACT To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for an exclusion of certain contributions to the Teachers Retirement System of Georgia; to provide for conditions with respect to such exclusion; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, is amended in subsection (a) by striking and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting in its place ; and, and by adding a new paragraph describing an exclusion immediately following paragraph (8), to be designated paragraph (9), to read as follows: (9) An amount equal to the amount of contributions to the Teachers Retirement System of Georgia made by a taxpayer between July 1, 1987, and December 31, 1989, which contributions were not subject to federal income taxation but were subject to Georgia income taxation. The purpose of the exclusion provided for in this paragraph is to allow a taxpayer a recovery adjustment for such amount after commencement of distributions by such retirement system to such taxpayer and to establish the same basis for federal and state income tax purposes. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such Page 1370 approval and shall be applicable to all taxable years beginning on or after January 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MUNICIPAL DETENTION FACILITIESSAFETY AND SECURITY; DISPATCHERS; JAILERS. Code Section 42-4-31 Amended. No. 1332 (House Bill No. 1728). AN ACT To amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county detention facilities, so as to provide that it shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any person in the detention facility unless a full-time jailer is on duty at the detention facility at all times while a person is incarcerated therein; to provide that a dispatcher may act as a full-time jailer of certain municipal detention facilities under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to required safety and security measures for municipal and county detention facilities, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person having charge of or responsibility for any detention facility to incarcerate any Page 1371 person in the detention facility unless a full-time jailer is on duty at the detention facility at all times while a person is incarcerated therein. For purposes of this Code section, a full-time dispatcher may also serve simultaneously as a full-time jailer of a municipal detention facility with 12 or fewer inmates incarcerated therein if such dispatcher either: (1) Is equipped with mobile telephone and radio equipment which will allow such dispatcher to perform the duties of a dispatcher and the duties of a full-time jailer at the same time; or (2) Is provided with temporary assistance or relief from the duties of a dispatcher while performing the duties of a jailer. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1372 FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS. Code Title 43, Chapter 18, Article 1 Amended. No. 1333 (House Bill No. 1790). AN ACT To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to strike, revise, and reenact Article 1 of said chapter, so as to provide for definitions; to provide for legislative purpose; to provide that certain conduct that fails to comply with that article is unlawful, and provide for criminal penalties; to provide that certain conduct will constitute a nuisance and provide for actions and injunctions relating thereto; to require that certain persons be licensed if they own funeral establishments; to provide for the continuation of the State Board of Funeral Service and for its termination and repeal of the laws relating thereto; to provide for the membership, appointment, vacancies, organization, meetings, and reimbursement of the board; to provide for removal, qualifications, and terms of members of the board; to provide for inspectors; to provide for powers, duties, and authority of the board; to require licensing of embalmers and funeral directors; to provide for licensing requirements; to provide for licensing of persons licensed in other jurisdictions; to provide for license expiration, renewal, and fees; to provide for license and registration display and nontransferability, nonassignment; to provide for refusals to grant licenses and registrations and for revocation, suspension, fines, limitations, and discipline of licensees and registrants; to provide for administrative and judicial actions with respect to board actions regarding licenses and registrations; to provide for license restoration; to provide for registration of apprentices and the qualifications and restrictions relating thereto; to provide for leaves of absence; to provide for refusal to grant or renew registrations; to provide for suspension, revocation, and limitation of registration and for administrative and judicial actions relating thereto; to provide for registration reinstatement; to provide for licensing of funeral establishments and crematories and the standards therefor; to provide for expiration, renewal, and nontransferability of such licenses; to provide for suspension, revocation, probation, and fines relating to such licenses and for administrative and judicial Page 1373 actions relating thereto; to provide for fines; to provide for grace periods to obtain a funeral director or to provide for new or reconstructed facilities; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking in its entirety Article 1 thereof and inserting in its place a new article to read as follows: ARTICLE 1 Part 1 43-18-1. As used in this article, the term: (1) `Alternative container' means any receptacle or enclosure which is of sufficient strength to be used to hold and to transport a dead human body. (2) `Apprentice' means a person who practices embalming, funeral directing, or both, under the direct supervision of a funeral director, embalmer, or both, in this state. (3) `Board' means the State Board of Funeral Service. (4) `Casket' means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood or metal, ornamented and lined with fabric. (5) `Cremation' means the reduction of the dead human body to residue by intense heat. (6) `Crematory' means a place that is owned by a funeral director or funeral establishment where cremation is performed and which is open to the public. Page 1374 (7) `Direct supervision' means that the embalmer, funeral director, or both, are present overseeing the activities of the apprentice. (8) `Embalmer' means a person who practices embalming or uses in connection with that person's name the words `embalmer,' `licensed embalmer,' `undertaker,' or `mortician' or offers or holds himself or herself out as offering such services. (9) `Final disposition' means the final disposal of a dead human body whether it is by, but not limited to, earth interment, above-ground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal. (10) `Funeral' or `funeral services' means the observances, services, or ceremonies held for dead human bodies. (11) `Funeral director' means a person who practices funeral directing or uses in connection with that person's name or with a picture of that person the words `funeral director,' `licensed funeral director,' `undertaker,' or `mortician' or offers or holds himself or herself out as offering such services. (12) `Funeral director in full and continuous charge' means a funeral director who is approved by the board to assume full responsibility for the operations of a particular funeral establishment and who shall ensure that said establishment complies with this article and with all rules promulgated pursuant thereto. (13) `Funeral establishment' means a place where embalming or funeral directing is practiced and which is open to the public and transacting business relating to funeral services. (14) `Funeral merchandise' means the goods sold or offered for sale, including, but not limited to, casket or Page 1375 alternative container, which is used in connection with the final disposition of a dead human body. (15) `Funeral service contract' means a written or oral agreement between a funeral director or funeral establishment and a legally authorized person for the embalming, funeral, or final disposition of a dead human body. (16) `Legally authorized person' means the deceased's surviving spouse, a son or daughter who is 18 years of age or older; the deceased's parent, a brother or sister who is 18 years of age or older; any other person who is 18 years of age or older and who is in the next degree of kinship to the deceased; the deceased's guardian or personal representative; or a public health officer. (17) `Outer burial container' means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure. (18) `Practice of embalming' means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals; (19) `Practice of funeral directing' means making or directing, at need or preneed, arrangements for the preparation and transportation of dead human bodies for final disposition and the supervision and direction of all funeral services. (20) `Retort' means a furnace where dead human bodies are cremated. (21) `Soliciting' means the making of any uninvited contact with another person by a funeral director or by a funeral director's agent, assistant, employer, or employee for the purpose of the sale of funeral services or merchandise but shall not mean any advertising which is directed to the public in general. Page 1376 43-18-2. It is declared that this article shall be deemed an exercise of the health powers of the state for the prevention of the spread of infectious, communicable, and contagious diseases and for the protection of the sanitation, health, and welfare of the people of this state; and that all of this article and the regulations authorized to be made pursuant to it are necessary to effectuate its purpose. 43-18-3. (a) It shall be unlawful for any person to engage in the practice of embalming or to represent to the public that such person is an embalmer, mortician, or undertaker without first complying with this article. (b) It shall be unlawful for any person to engage in the business or profession of funeral directing or to represent to the public that such person is a funeral director, undertaker, or mortician without first complying with this article. (c) Any person who actively engages or participates in any way in the business or profession of funeral directing shall be considered to be practicing as a funeral director and must be a licensed funeral director under the terms of this article. 43-18-4. The practice of embalming or funeral directing, as defined in this article, is declared to be a business or profession affecting the public interest and involving the health and safety of the public. Such practice by a person who is not licensed to practice in this state is declared to be a public nuisance; and any citizen of this state, the board, or the appropriate prosecuting attorney where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action in the superior court of the county where such nuisance exists or is carried on to restrain and abate the same. On satisfactory proof to the judge of the superior court that such illegal practice or business of funeral directing or embalming is being carried on, the judge shall issue a temporary injunction against the party or parties operating such practice or business until they have qualified and been licensed under the terms of this article. 43-18-5. (a) It shall be unlawful for any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation to practice or hold out to the public that Page 1377 such person, firm, or corporation as practicing embalming or funeral directing, or to act as an embalmer or funeral director, or to assist in so doing as an apprentice, without having complied with this article, or to practice embalming or funeral directing without having paid the fee for license renewal prior to the expiration of that license as provided for in this article. (b) Any person, firm, or corporation who has control of a funeral establishment or crematory and fails to obtain licensure as required by this article, upon conviction thereof, may be fined not less than $100.00 nor more than $500.00 for each violation. Each day that the funeral establishment or crematory is operated in violation of this article shall be deemed to be a separate and distinct offense. (c) Any persons representing themselves as an embalmer or funeral director without having first complied with this article shall be deemed and considered guilty of practicing without a license and the use of these terms shall be prima-facie evidence of guilt. (d) It shall be unlawful for any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation engaged in the funeral or crematory business to give, or contract to give, either directly or indirectly, any reward, commission, compensation, or anything of value to any person, firm, or corporation for the purpose of, or as an inducement to, such person, firm, or corporation to persuade or induce any person to use or employ such funeral director or embalmer in or about the preparation for burial or conducting the burial of any deceased person. (e) It shall be unlawful for any funeral director, embalmer, firm, or corporation, or any officer, agent, or employee of such person, firm, or corporation engaged in the funeral business for compensation or otherwise to influence, or attempt to influence, by persuasion, argument, or suggestion, the family or friends of any deceased person as to where the body should or should not be buried. (f) It shall be unlawful for any funeral establishment, funeral director, or embalmer to refuse to release a dead human body to a legally authorized person upon request of that person, Page 1378 but the release of such body shall not constitute a release of any indebtedness or other claim owed for any services performed on that body by the person or entity releasing that body. (g) Accredited colleges of funeral service and those otherwise approved by the board are authorized to perform oncampus embalming operations subject to satisfying inspection standards as established by the board. Nothing in this article shall require any person who is currently enrolled full time or part time in a program at an accredited college of funeral service or such other college as provided by rule to be licensed or registered as provided in this article when obtaining practical training in embalming or funeral directing under the supervision of a licensed embalmer, funeral director, or both, at such college or at a funeral establishment; provided, however, that any licensed embalmer, funeral director, or both, who supervise such student shall be responsible for the acts of such student. 43-18-6. Any person, firm, or corporation or any officer, agent, or employee of such person, firm, or corporation who violates this article shall be guilty of a misdemeanor. 43-18-7. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Funeral Service shall be terminated on July 1, 1996, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 2 43-18-20. The State Board of Funeral Service existing immediately prior to the effective date of this article is continued in existence and shall be constituted as provided in this article with the powers, duties, and authority vested in such board by this article. 43-18-21. (a) The board shall consist of six members who shall be licensed and practicing funeral directors and embalmers with a minimum of five years as such in this state immediately preceding their appointment and one member who shall have no connection whatsoever with the funeral service Page 1379 industry but who shall have a recognized interest in consumer affairs and in consumer protection concerns. (b) The members of the board shall be appointed by the Governor for terms of office of six years and all vacancies occurring on the board shall be filled by the Governor. When an appointment is made to fill a vacancy caused by death or resignation of a member, such appointment shall be for the remainder of the unexpired term of the member whose death or resignation caused the vacancy so filled. (c) A majority of the members of the board may remove any member who misses three or more consecutive regular meetings of the board without a medical reason and may declare that position on the board to be vacant. A member so removed shall not be eligible for reappointment until the expiration of the term of office for which such person was serving. The Governor shall have the power to remove from office any member of the board for willful neglect of duty or for conviction of a crime involving moral turpitude. (d) Those persons serving as members of the board immediately prior to the effective date of this article shall continue to serve out the respective terms of office for which they were appointed and until their respective successors are appointed and qualified. 43-18-22. (a) The board shall each year elect from its members a president whose term shall be one year and who shall serve during the period for which elected and until a successor shall be elected. (b) The board shall meet at least once in each year and more often as the proper and efficient discharge of its duties may require. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) No board inspector shall own, operate, or be employed by any funeral establishment or crematory, or perform any services on behalf thereof without prior approval by the board and the joint-secretary. However, this shall not prohibit any board Page 1380 member from acting as an inspector as authorized in this article. 43-18-23. For the purpose of better protection of life and health, preventing the spread of contagious, communicable, and infectious diseases, and regulating the practice of embalming and funeral directing and the care and disposition of dead human bodies, the board is authorized: (1) To prescribe a standard of proficiency as to the qualifications and fitness of those engaged in and who may engage in the practice of embalming or funeral directing and the care and disposition of dead human bodies; (2) To revoke the license of any embalmer or funeral director for incompetency, conviction of a crime involving moral turpitude, violation of this article, failure to observe the standards of proficiency or rules and regulations promulgated by the board, or any other cause as provided in this article; (3) To fix and prescribe rules and regulations governing the business or profession of funeral directing and the business or profession of embalming; (4) To fix and prescribe standards of sanitation to be observed in the embalming of dead human bodies or cremation of dead human bodies; (5) To regulate and control the business or profession of funeral directing or embalming; (6) To fix and prescribe minimum standards of general appearance of funeral establishments or crematories; (7) To adopt a common seal; and (8) To make and promulgate rules and regulations not inconsistent with the laws of this state for the regulation of such board and for the practice of embalming and funeral directing within this state. All rules and regulations of the board existing immediately prior to the effective date of this article which are not inconsistent with this article shall Page 1381 continue in effect until repealed, amended, or otherwise changed by the board. Part 3 43-18-40. Any person desiring to engage in the practice of embalming or in the business or practice of funeral directing and who has not been licensed to do so shall make written application to the board through the joint-secretary for such license. Such application shall be upon such form and shall be submitted in such manner as shall be prescribed by the board and the applicant shall pay such fee as may be fixed by the board. Before being issued a license to practice funeral directing or embalming in this state, all applicants shall pass an examination approved by the board which tests their qualifications and skill in either funeral directing or embalming, or both, as the case may be; and such examination shall be made in the manner provided for in this article and by the board through rules and regulations. 43-18-41. (a) Each applicant for a license as either an embalmer or a funeral director shall: (1) Be at least 18 years of age; (2) Be of good moral character; and (3) Have graduated from a high school or have earned a general education development certificate. (b) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for an embalmer's license shall: (1) Have graduated from a program at an accredited college of funeral service or such other college as provided by board rule; and (2) Have completed a minimum of 3,920 hours, pursuant to rules and regulations of the board, of service as an apprentice as provided in Code Sections 43-18-51 through 43-18-55. Page 1382 (c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the death certificate numbers and names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50 and, effective January 1, 1991, must pass a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors. (d) An individual who has met the educational requirement specified in paragraph (1) of subsection (b) of this Code section shall be eligible to take the section of the examination for embalmer relating directly to scholastic training without waiting until such individual meets the additional requirements for licensure specified in paragraph (2) of said subsection; provided, however, that such individual must submit a proper application and pay the required fees as determined by the board. An applicant for licensure as an embalmer who shall have successfully completed the section of the examination for embalmer relating directly to scholastic training shall have no status as an embalmer until such applicant meets all other requirements for licensure as outlined in this article and has received a license as an embalmer from the board. 43-18-42. The board may, in its discretion and in accordance with regulations adopted by the board, grant to any person licensed in another state, territory, country, or District of Columbia full privileges to engage in equivalent practice authorized by this article without taking a national examination if: (1) On or after January 1, 1991, such person successfully passes a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (2) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are: (A) In effect in Georgia on the date of application; or Page 1383 (B) Substantially equal to the requirements for a similar license in Georgia. 43-18-43. (a) Each license issued by the board shall expire biennially. (b) If the licensee desires a renewal of such license, the board shall grant and issue the same without further examination upon application therefor and upon the payment of a renewal fee to be fixed by the board. 43-18-44. Each person or establishment who receives a renewal license, wall certificate, or apprentice registration under this article shall display such renewal license, wall certificate, or apprentice registration in a conspicuous place in that person's or establishment's principal office or place of business. 43-18-45. All funeral director and embalmer licenses and apprentice registrations issued under this article shall apply only to the person receiving same and shall not be transferred or assigned. 43-18-46. In addition to the authority provided in Code Section 43-1-19, the board may refuse to grant a license to operate a funeral establishment or to practice embalming or funeral directing, may refuse to grant a registration to serve as an apprentice, or may revoke, suspend, fine, or otherwise discipline a licensee or registrant upon any of the following grounds: (1) The employment of fraud or deception in applying for a license or registration or in passing the examination provided for in this article; (2) Issuance of a license or registration through error; (3) Conviction of a crime involving moral turpitude; (4) The practice of embalming or funeral directing under a false name or the impersonation of another embalmer, funeral director, or apprentice of a like or different name; Page 1384 (5) The making of a false statement or representation regarding the qualifications, training, or experience of any applicant; (6) The making of a misrepresentation of any kind regarding any funeral merchandise; (7) Directly or indirectly, by gifts or otherwise, committing the offense of buying business or paying a commission or making gifts, directly or indirectly, for the purpose of securing business to any physician or hospital, or to any institution where death occurs, or to any hospital superintendent, nurse, intern, or employee of any hospital, nursing home, or other institution where death occurs; or to any coroner or other government official; (8) Gross or willful malpractice or gross neglect in the practice of embalming, funeral directing, or cremating; (9) Signing a death certificate as having embalmed or prepared a body for burial or preservation when in fact someone else performed such embalming or preparation; (10) Interferng, either directly or indirectly, with a licensed embalmer or funeral director having legal charge of a dead human body; (11) Using any statements that mislead or deceive the public including, but not limited to, false or misleading statements regarding a legal or cemetery requirement, funeral merchandise, funeral services, or in the operation of a funeral establishment; (12) Failing to fulfill the terms of a funeral service contract; (13) Disregarding a decedent's dignity, right to privacy, or right to confidentiality unless compelled by law to do otherwise; (14) Using profane, indecent, or obscene language in the presence of a dead human body, or within the Page 1385 immediate hearing of the family or relatives of a deceased, whose body has not yet been interred or otherwise disposed; (15) Failing to turn assigned benefits in excess of charges incurred over to the assignee of the deceased within ten working days of receipt of the assigned funds; (16) Refusing to surrender promptly the custody of a dead human body upon the express order of the person lawfully entitled to the custody; (17) Failing to have the charges rendered to be in compliance with those listed in the funeral establishment general price list, the casket price list, the outer burial container list, or the funeral service contract price list; (18) Aiding or abetting an unlicensed person to practice under this article; (19) Promoting or participating in a burial society, burial association, burial certificate plan, or burial membership plan; (20) Soliciting, as defined in paragraph (21) of Code Section 43-18-1; (21) Presenting a false certification of work done by an apprentice or as an apprentice; (22) Willfully violating any state law or regulation; Federal Trade Commission law or regulation; Occupational Safety and Health Administration law or regulation; Department of Human Resources law or regulation; Environmental Protection Agency law or regulation; or municipal or county ordinance or regulation that affects the handling, custody, care, or transportation of dead human bodies, including, but not limited to, the disposal of equipment, residual fluids, or medical wastes; (23) Knowingly making any misleading, deceptive, untrue, or fraudulent representation in the practice of funeral directing or embalming or in any document connected therewith; Page 1386 (24) Discriminating in the provision of services because of race, creed, color, religion, gender, or national origin; (25) Failing to safeguard all personal properties that were obtained from dead human remains and failing to dispose of same as directed by a legally authorized person; (26) Failing to refund moneys due as a result of overpayment by an insurance company or other third party; (27) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or registrant to practice in the funeral business, or is of a nature likely to jeopardize the interest of the general public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the person has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from or failure to conform to the minimal reasonable standards of acceptable and prevailing practice of funeral services; (28) Engaging in any practice whereby a person who is both a funeral director and a coroner or who is both a funeral director and a minister presents that person as a funeral director to a legally authorized person when death is imminent or after death occurs prior to when the legally authorized person selects a funeral director or funeral establishment which will handle the dead human body; (29) Practicing embalming or funeral directing or operating a funeral establishment or crematory prior to the board's having approved an application for licensure; or (30) Failing to satisfy the funeral director in full and continuous charge requirements as set out in Code Section 43-18-71 or funeral establishment requirements as set out in paragraph (11) of Code Section 43-18-1. Page 1387 43-18-47. (a) Upon the presentation before the board of any of the grounds enumerated in Code Section 43-18-46 or elsewhere in this article for revoking a license or registration, it shall be the duty of the board to cause written notice of the time and place of hearing upon the charge preferred, together with a copy of the charge, to be served upon the licensee or applicant for license, as the case may be, 20 days before the hearing. (b) The board shall conduct such hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (c) The board may, upon satisfactory proof that a licensee or registrant has been guilty of any of the offenses enumerated in Code Section 43-18-46 or elsewhere in this article revoke a license or registration or may limit or restrict a license or registration upon a majority vote of the board after a hearing thereon. 43-18-48. The board may refuse to grant a license or registration. Refusal to grant a license or registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-18-49. At any time after the final termination of the proceeding revoking a license, the board may, by a majority vote, issue a new license to a person affected restoring and conferring all the rights and privileges of and pertaining to the practice of embalming or funeral directing, as defined and regulated by this article. Any person desiring a new license shall be held to the same requirements as are persons who have not previously been licensed as such in this state. 43-18-50. (a) Every person desiring to serve as an apprentice shall make application as a funeral service apprentice to the board upon a form provided by the board. The applicant must be at least 18 years of age and have either graduated from high school or have a general educational development certificate. The apprenticeship shall be served at an approved establishment and under the direct supervision of a funeral director, embalmer, or both. The application must be verified by oath of applicant and be accompanied by a fee to be established by the board. The application shall be submitted to the Page 1388 board and may be accepted or rejected by a majority of the board. (b) An apprenticeship shall be approved for a specific establishment and under a specific supervising funeral director, embalmer, or both. Any change in establishment or supervising funeral director, embalmer, or both shall terminate that apprenticeship and shall require submission of a new application. (c) The total period of apprenticeship shall be 3,920 hours and must be served in a minimum of two years and a maximum of seven years from the date of initial registration but the two-year minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section 43-18-41. Under no circumstances will the board approve a person to be an apprentice for more than seven years during that person's lifetime. 43-18-51. A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-50. The hours served under a registration which was revoked will not be carried forth into any subsequent apprenticeship period. 48-18-52. All apprentices shall be under the supervision and control of the board and shall upon application for licensure submit to the board proof of having served the required number of hours on forms provided by the board. After completing the 3,920 hours for apprenticeship within the specified period, they shall send the last report to the board regardless of the date. The information contained in the report shall be certified as correct by the funeral director in full and continuous charge and by the supervising funeral director and embalmer. 43-18-53. (a) The board may grant leaves of absence for good cause, and grant extensions thereof to apprentices registered under the provisions of this article. However, no credit shall be given for the period during which the apprentice is on such leave, and no more than an aggregate of four years of such Page 1389 leave shall be granted to any person. Application for leave of absence and for extension thereof shall be made by the apprentice upon a form provided by the board. (b) Upon the termination of a leave of absence or of any extension thereof, if the apprentice resumes the apprenticeship at the same establishment and under the same funeral director in full and continuous charge and under the same funeral director, embalmer, or both, the apprentice shall report to the board the fact of having so resumed the duties as an apprentice. Such notice must be certified to by each of the aforementioned funeral directors and embalmers. An apprentice who fails to provide such notice within 30 days after the end of the leave of absence may not enter those hours on the apprenticeship report form. (c) Upon the termination of a leave of absence or of any extension thereof, if the apprentice seeks to serve at a different facility or under different personnel, a new application and fee must be submitted. 43-18-54. (a) Refusal to grant an apprenticeship registration shall not be deemed to be a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) The board shall be authorized to suspend, revoke, limit, or refuse to renew a registration of apprenticeship, after notice and hearing pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' upon a finding by a majority of the board of any of the following: (1) Engaging in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the apprentice to practice in the funeral business, or is of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of funeral directing or embalming but shows that the apprentice has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or failure to conform to, the minimal reasonable standards Page 1390 of acceptable and prevailing practice of funeral services; (2) Being on duty as an apprentice while under the influence of alcohol or illegal drugs; (3) Being unable to practice with reasonable skill and safety to the public by reason of a physical or mental condition; (4) Being convicted of a felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country, or in the courts of the United States, regardless of whether first offender treatment without an adjudication of guilt was given or whether an adjudication of guilty or sentence was otherwise withheld or not entered on the charge. As used in this paragraph, the term `conviction' shall include a finding or verdict of guilt or plea of guilty or probation relating to first time offenders; and `felony' shall include any offense which, if committed in this state, would be deemed a felony; (5) Disobeying proper orders or instructions of that apprentice's supervising embalmer, funeral director, or both; (6) Violating any provision of this article or rule or regulation of the board made pursuant to this article; or (7) Practicing fraud or misrepresentation in obtaining a certificate of registration as an apprentice or knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of funeral service or on any document connected therewith while registered as an apprentice. (c) An apprentice who has failed to renew that person's registration or who has had that person's registration suspended or revoked may, within one year after such expiration, suspension, or revocation, make application for registration but no more than two such applications may be approved by the board. The board may, when the circumstances warrant, allow an apprentice credit under a reregistration for time actually Page 1391 served under a previous registration; except, that if the previous registration has been suspended or revoked upon any of the grounds set forth in subsection (b) of this Code section, no more than 75 percent of the time previously served shall be credited on the reregistration. Part 4 43-18-70. (a) No embalmer or funeral director shall engage in the practice of embalming or funeral directing at a funeral establishment or crematory which is not licensed by the board. (b) A funeral establishment must be at a specified street address or location and must have the following minimum facilities and equipment: (1) A room with adequate seating for a minimum of 30 people in which funeral services may be conducted; (2) A preparation room equipped with a nonporous, sanitary floor and walls, and necessary drainage and ventilation and containing necessary instruments and supplies for the preparation and embalming of dead human bodies; (3) A display room containing an adequate stock of funeral caskets as established by the board which shall not be less than eight and which shall meet such other criteria as necessary to protect the public; (4) At least one operable motor hearse which is either owned or leased by the establishment and which has a current Georgia registration; and (5) At least one church truck. (c) The board may adopt and enforce such rules as may be reasonable and proper to define such necessary drainage, ventilation, and sanitary flooring and walls and necessary and suitable instruments, supplies, and merchandise in a funeral establishment. Page 1392 (d) If the funeral director resides in the funeral establishment to be accessible to the community for purposes of satisfying the requirements of funeral director in full and continuous charge, the living quarters in the funeral establishment must include at a minimum furnished sleeping quarters, cooking, refrigerating, and bathing facilities. 43-18-71. (a) It shall be unlawful for any person, firm, corporation, or association to operate a funeral establishment or crematory engaged in the business of funeral directing or embalming or cremating without first obtaining a license from the board in accordance with this article. The board shall not issue a license to any funeral establishment or crematory unless such funeral establishment or crematory shall employ the service of a funeral director licensed in accordance with this article, who shall be in full and continuous charge of the establishment and who is a resident of this state. There shall be conspicuously displayed in each funeral establishment and crematory the name and license of the funeral director in full and continuous charge. A funeral director who is in full and continuous charge shall: (1) Assume full responsibility for the supervision and operation of the funeral establishment for which that person has been designated as funeral director; (2) Act as funeral director for only one funeral establishment; and (3) Spend a minimum of 40 hours per week in the employ and operation of the establishment or be accessible and available to the community. (b) When there is a change in the funeral director in full and continuous charge, such change shall be reported to the board in writing within five days of the effective date of such change. The board may request the new funeral director in full and continuous charge and owner to appear before the board to determine if the requirements for a funeral director in full and continuous charge have been met. 43-18-72. (a) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first Page 1393 obtaining a license from the board in accordance with this article. The crematory must be at a specific address or location and must have the following minimum equipment, facilities, and personnel: (1) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2) A display room containing an adequate supply of urns; (3) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (4) At least one operable retort for cremation; and (5) At least one church truck. (b) The board may adopt and enforce such rules as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state. (c) Application for licensure of a crematory shall be made upon a form approved by the board and shall be accompanied by an application fee. No license shall be issued unless the facility meets all the requirements set forth by the board. (d) The board may adopt rules requiring each crematory to submit periodic reports to the board which include the names of persons cremated and the types of containers used. (e) No more than one dead human body shall be placed in a retort at one time unless written permission has been received from the person possessing legal responsibility for the disposition of the dead human body. (f) Nothing in this article shall require a funeral establishment to have a separate license for a crematory but such establishment must comply with all the minimum equipment Page 1394 and facilities requirements, and all other statutes, rules, and regulations relating to crematories. 43-18-73. (a) Licenses for the operation of funeral establishments and of crematories shall expire biennially unless the owner or proprietor of a licensed funeral establishment or crematory applies to the board to renew the license prior to its expiration. The application shall show the name of the funeral establishment or crematory; the names and addresses of all owners or, if the owner is a corporation, the names and addresses of all officers and directors of the corporation; and the names of all licensed embalmers and funeral directors who own or are employed by such funeral establishment or crematory or are otherwise connected therewith, together with the date of issue and the number of the license of each registered embalmer and funeral director as required. If the renewal fee prescribed by the board has been paid and the funeral establishment or crematory meets the other requirements of this article, the board shall issue a license; otherwise it shall be unlawful for any funeral establishment or crematory to operate in this state. Nothing in this Code section shall be construed to require a crematory to employ an embalmer in order to be licensed. (b) Whenever there is a change in ownership of a funeral establishment or crematory, the board shall be notified within 15 days prior to the proposed change upon a form provided by the board. 43-18-74. Licenses for funeral establishments or crematories shall be issued to such enterprises at their location at the time of issuance. Such license shall not be transferable to another location. 43-18-75. The license of any funeral establishment or crematory may be suspended, revoked, or put on probation, or fines may be imposed by the board if the evidence produced before it indicates that the establishment has violated any of the provisions of this article. The board shall comply with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' in relation to such hearing; and the licensee shall have the right to appeal any decision of the board in accordance with Page 1395 Chapter 13 of Title 50, the `Georgia Administrative Procedure Act. 43-18-76. The board may establish a fine schedule for violation of minimum standards which the board determines to be a threat to the health, safety, or welfare of the public. A determination of such a violation shall not be deemed to be a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-18-77. In the event that a funeral establishment or crematory is temporarily without the services of a funeral director in full and continuous charge, upon notice by the funeral establishment or crematory to the board within five days following the last day of service by such funeral director, the board shall grant the funeral establishment or crematory a 90 day grace period in which to have a funeral director in full and continuous charge approved by the board before any action may be taken by the board to revoke or terminate the establishment's or crematory's license. The board may, in its discretion, upon application by the funeral establishment or crematory, grant one additional 90 day grace period upon showing of good cause. Grace periods totaling not more than 180 days may be granted during any two-year period beginning the first day on which the grace period was granted. Failure to have a funeral director in full and continuous charge shall be grounds for the revocation or suspension of any license, after a notice of hearing. 43-18-78. In the event any funeral establishment or crematory is temporarily destroyed by fire, flood, or other natural catastrophe, upon notice by the funeral establishment or crematory to the board within five days following the destruction, the board may grant the funeral establishment or crematory a 90 day grace period to use a board approved temporary location while reconstructing the previous location, provided the funeral establishment or crematory complies with all other provisions of this article and the rules of the board. The board may, in its discretion, upon application by the funeral establishment or crematory, grant additional 90 day grace periods upon showing of good cause. Page 1396 Section 2 . Nothing in this Act shall prohibit any funeral home director to conduct business outside of his or her county of residence. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MUNICIPAL CORPORATIONSANNEXATION. Code Section 36-36-22.1 Amended. No. 1334 (House Bill No. 1846). AN ACT To amend Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitation on annexation by certain municipalities, so as to provide that certain municipalities shall be authorized to annex territories prior to July 1, 1991, upon compliance with certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-36-22.1 of the Official Code of Georgia Annotated, relating to limitation on annexation by certain municipalities, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) No municipality shall be authorized to annex any territory pursuant to the authority of this article until July 1, 1991; provided, however, that any municipality shall be authorized Page 1397 to annex territory prior to July 1, 1991, if the mayor of the municipality, upon approval of the city council, the chairman of the board of education of the county in which the municipality lies, and the chairman of the board of commissioners of the county in which the municipality lies agree, in writing, to a mutually agreed upon authorization to annex territory and submit said agreement to the chief judge of the superior court of the county in which the municipality is located. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. MUNICIPAL OFFICERS AND EMPLOYEESCOMPENSATION INCREASES; EFFECTIVE DATE. Code Section 1-3-4.1 Amended. No. 1335 (Senate Bill No. 364). AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to provide an effective date of certain compensation increases for municipal officers and employees; to provide for intent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking in its entirety Code Section 1-3-4.1, relating to the effective Page 1398 date of compensation increases for certain county officers, and inserting in lieu thereof a new Code Section 1-3-4.1 to read as follows: 1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county and municipal governments in Georgia and, furthermore, to recognize that state mandated expenses should not disrupt that process by requiring additional expenses in the middle of a budget year. (b) No general Act providing for an increase in compensation to one or more of the county officers listed in Article IX, Section I, Paragraph III of the Constitution of Georgia shall be effective until the first day of January following passage of the Act granting the increase in compensation. (c) The provisions with respect to compensation of any law adopted by the General Assembly of Georgia which causes a state mandated increase in compensation to any officer or employee of any municipal corporation shall not become effective until the first day of the fiscal year of such municipal corporation following passage of the Act granting the increase in compensation. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1399 MUNICIPAL ELECTIONSDATES. Code Section 21-3-51 Amended. No. 1336 (Senate Bill No. 415). AN ACT To amend Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, so as to change the provisions relating to dates of municipal elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-3-51 of the Official Code of Georgia Annotated, relating to the date of municipal elections, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Except as otherwise provided in Code Section 21-3-64, effective January 1, 1993, all general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in 1993 and on such day biennially thereafter. Public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1400 HEALTHDISCLOSURES TO PATIENTS; INTRADUCTAL INJECTION. Code Section 31-9-6.1 Amended. No. 1337 (Senate Bill No. 420). AN ACT To amend Code Section 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, so as to include intraductal injection procedures within the list of those diagnostic procedures that a person must be informed about and must consent to before having such procedure administered; 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 31-9-6.1 of the Official Code of Georgia Annotated, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, any person who undergoes any surgical procedure under general anesthesia, spinal anesthesia, or major regional anesthesia or any person who undergoes an amniocentesis diagnostic procedure or a diagnostic procedure which involves the intravenous or intraductal injection of a contrast material must consent to such procedure and shall be informed in general terms of the following: (1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure; (2) The nature and purpose of such proposed surgical or diagnostic procedure; Page 1401 (3) The material risks generally recognized and accepted by reasonably prudent physicians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure; (4) The likelihood of success of such proposed surgical or diagnostic procedure; (5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and (6) The prognosis of the patient's condition if such proposed surgical or diagnostic procedure is rejected. Section 2 . All laws and parts of laws in conflict with this Act are repealed. The provisions of this law shall become effective on 1-1-91. Approved April 11, 1990. Page 1402 INSURANCELIFE AND ACCIDENT AND SICKNESS INSURANCE. Code Title 33, Chapters 27, 29, and 30 Amended. No. 1338 (Senate Bill No. 434). AN ACT To amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to delete certain provisions relative to experience rating by multiple employer welfare arrangements; to define certain terms; to provide standards and requirements for the rating of small groups under group life insurance and group accident and sickness insurance; to provide exceptions; to provide for notices of premium increases to be mailed or delivered to the group policyholder; to amend Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance policies, so as to require the offering of deductibles as a means of reducing premiums for such policies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life insurance, is amended by striking paragraph (8) of Code Section 33-27-1, relating to group requirements in general, in its entirety and inserting in its place a new paragraph (8) to read as follows: (8) Multiple employer welfare arrangements. (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 Page 1403 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 amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. Section 2 . Said Chapter 27 is further amended by adding two new Code sections, to be designated Code Section 33-27-8 and Code Section 33-27-9, to read as follows: 33-27-8. (a) As used in this Code section, the term `small group' means a group or subgroup of 50 or fewer employees, members, or enrollees. (b) The claims experience produced by small groups covered under group life insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of an insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual small group. (c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group life insurance. The pool shall include the experience generated under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both. Page 1404 (d) Notwithstanding subsection (b) of this Code section, age, sex, area, industry, occupational, and avocational factors may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate. (e) If standard or substandard rating cannot be offered to any individual according to recognized underwriting practices, coverage may be declined if the balance of the small group is accepted. (f) This Code section shall not apply to: (1) Policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder; (2) Policies issued to true association groups, which shall be defined as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession; or (3) A policy negotiated in connection with a collective bargaining agreement. 33-27-9. Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under Page 1405 the group policy not less than 60 days prior to the effective date of the premium increase. Section 3 . Code Section 33-29-2 of the Official Code of Georgia Annotated, relating to requirements of individual accident and sickness policies, is amended by striking subsections (b) and (c) and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows: (b) Individual major medical policies, including franchise and conversion policies, shall make available to each applicant for such coverage optional cash deductible amounts up to at least $5,000.00. No such policy shall contain any provision in which the length of the cash deductible accumulation period is not reasonable in relation to the amount of the cash deductibles. An insurer may offer higher optional deductibles to existing policyholders as a means of reducing the cost of such policies or to offset premium increases. (c) This Code section shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation. (d) This Code section shall not be construed so as to impair the obligation of any contract in existence prior to January 1, 1979. Section 4 . Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by striking paragraph (6) of Code Section 33-30-1, relating to the definition of group accident and sickness insurance, in its entirety and inserting in lieu thereof a new 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 establishment 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. Page 1406 (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. Section 5 . Said Chapter 30 is further amended by adding two new Code sections, to be designated Code Section 33-30-28 and Code Section 33-30-29, to read as follows: 33-30-28. (a) As used in this Code section, the term `small group' means a group or subgroup of 50 or fewer employees, members, or enrollees. (b) The claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual group. (c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both. (d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, area, industry, occupational, and avocational factors may be considered in the initial and Page 1407 renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, member, or enrollee and to each dependent member of the small group in the initial underwriting of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsection (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate. (e) (1) If, according to recognized underwriting practices, a member or eligible dependent cannot be issued coverage at standard or substandard rates, then coverage may be issued with a waiver for a named impairment or impairments. (2) If, according to recognized underwriting practices, a waiver may not be offered, coverage may be declined if the balance of the small group is accepted. (f) This Code section shall not apply to: (1) Policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder; (2) Policies issued to true association groups, which shall be defined as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession; (3) A policy negotiated in connection with a collective bargaining agreement; or Page 1408 (4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies. 33-30-29. Notice of the maximum amount of a group premium increase shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the group policy not less than 60 days prior to the effective date of the premium increase. Section 6 . This Act shall become effective on October 1, 1990, and shall be applicable to all contracts or policies of insurance issued or renewed on or after such date. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. CRIMINAL PROCEDUREFINE AS CONDITION TO PROBATION. Code Section 17-10-8 Amended. No. 1339 (Senate Bill No. 454). AN ACT To amend Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a fine as a condition precedent to probation, so as to increase the maximum amount of the fine that may be imposed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-10-8 of the Official Code of Georgia Annotated, relating to the requirement of payment of a Page 1409 fine as a condition precedent to probation, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 17-10-8 to read as follows: 17-10-8. In any case where the judge may, by any law so authorizing, place on probation a person convicted of a felony, the judge may in his discretion impose a fine on the person so convicted as a condition to such probation. The fine shall not exceed $100,000.00 or the amount of the maximum fine which may be imposed for conviction of such a felony, whichever is greater. In any case where probation is revoked, the defendant shall not be entitled to any rebate or refund of any part of the fine so paid. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. WORKERS' COMPENSATIONBENEFITS; BOARD; PROCEDURES; SUPPLIERS; PHYSICIANS; PEER REVIEW; FILING OF RATES. Code Title 34, Chapter 9 Amended. Code Section 33-9-21 Amended. No. 1340 (Senate Bill No. 464). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to clarify the provisions relative to the payment of benefits to dependents of a deceased employee; to revise provisions relative to the compensation of the chairman and members of the State Board of Workers' Compensation, the administrative law judges, and other employees of the board; to provide for the time period in which a party may make application to the board for the modification of an award due to a change in condition; to provide an editorial change; to provide Page 1410 procedures for the assessment of rehabilitation benefits and the designation of a rehabilitation supplier; to provide procedures for a change in the designated rehabilitation supplier; to increase the number of physicians on the panel of physicians maintained by an employer; to provide for an employee's right to be examined by a physician of his or her own choosing; to provide limitations relative to such examination; to provide for payment of the costs of peer review of certain medical fees and charges; to revise provisions allowing the reimbursement of a group insurance company for the costs of medical treatment; to provide that payment for medical treatment need not be paid directly to an employee except in certain circumstances; to change the period of incapacity preceding the payment of compensation; to change the date of the first payment of income benefits to an employee; to provide that income benefits shall be considered as paid when mailed to the employee; to provide for the effect of any benefit payment by the employer or insurer made when such payment was not due; to provide for the reimbursement of a group insurance company or other provider for disability benefits and procedures in connection with such reimbursement; to provide conditions for the reimbursement of disability benefits; to change the maximum compensation payable for total disability and temporary partial disability; to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, so as to provide for the filing of workers' compensation insurance rates and for the updating of such rates on a periodic basis; to provide for other matters relative to the foregoing; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking subsection (e) of Code Section 34-9-13, relating to persons presumed to be dependents of a deceased employee and the payment of benefits to dependents, and inserting in its place a new subsection (e) to read as follows: (e) For the purpose of this chapter, the dependency of a spouse upon a deceased employee shall terminate with remarriage or cohabitation in a meretricious relationship; and for this Page 1411 purpose cohabitation in a meretricious relationship shall be a relationship in which persons of the opposite sex live together continuously and openly in a relationship similar or akin to marriage, which relationship includes either sexual intercourse or the sharing of living expenses. The dependency of a child, except a child physically or mentally incapable of earning a livelihood, shall terminate with the attainment of 18 years of age, except as provided in paragraph (2) of subsection (b) of this Code section. The dependency of a spouse and of a partial dependent shall terminate at age 65 or after payment of 400 weeks of benefits, whichever provides greater benefits. Section 2 . Said chapter is further 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. The chairman and each member of the board shall receive an annual salary which is equal to 90 percent of the base annual salary plus cost-of-living adjustments provided in Code Section 45-7-4 for each Judge of the Court of Appeals. (b) Each administrative law judge, whose method of appointment, removal, and terms of office shall remain as now provided by law, shall be in the unclassified service as defined in Code Section 45-20-2 and, except for certain compensation purposes, shall not be subject to the laws, rules, and regulations of the state merit system. The compensation of the administrative law judges shall be fixed by the board based on a pay grade of the general pay schedule of the state merit system and each administrative law judge shall be eligible for increases in compensation as established on the general pay schedule, subject to the review and approval of the board. Page 1412 (1) Each administrative law judge employed by the board shall be entitled to any annual cost-of-living adjustment increases provided for all state employees. (2) All administrative law judges appointed prior to January 1, 1990, shall be placed on the same pay grade of the general pay schedule and at the step which is the equivalent of one full step above their salary as established on July 1, 1989. (c) As a cost-of-living adjustment, the annual base salary of all of the members of the board, including the chairman thereof, shall be increased by the same percentage provided to state officials by subsection (b) of Code Section 45-7-4. (d) 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. Section 3 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-104, relating to the modification of an award or order contained in a prior decision in the event of a change in condition, and inserting in its place a new subsection (b) to read as follows: (b) The board on its own motion may propose or any party may apply under this Code section for another decision because of a change in condition ending, decreasing, increasing, or authorizing the recovery of income benefits awarded or ordered in the prior final decision, provided that the prior decision of the board was not based on a settlement; and provided, further, that at the time of application not more than two years have elapsed since the date the last payment of income benefits pursuant to Code Section 34-9-261 or 34-9-262 was actually made under this chapter; provided, however, any party may file for benefits solely under Code Section 34-9-263 not more than four years from the date the last payment of income benefits pursuant to Code Section 34-9-261 or 34-9-262 was actually made under this chapter. If, at the time of application, the foregoing requirements have been met but the prior decision is then on appeal to the courts, the entering of a decision on the application shall be deferred pending final ruling of the courts. Page 1413 Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 34-9-200, relating to compensation for medical care and other treatment and supplies, and inserting in its place a new subsection (a) to read as follows: (a) The employer shall furnish the employee entitled to benefits under this chapter such medical, surgical, and hospital care and other treatment, items, and services which are prescribed by a licensed physician, including medical and surgical supplies, artificial members, and prosthetic devices and aids damaged or destroyed in a compensable accident, which in the judgment of the State Board of Workers' Compensation shall be reasonably required and appear likely to effect a cure, give relief, or restore the employee to suitable employment. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-200.1, relating to rehabilitation benefits and effect of employee's refusal of treatment in workers' compensation cases, which reads as follows: (b) The board shall make an assessment of the rehabilitation needs of an injured employee within 45 days of notification of injury and notify the employer, insurer, and employee if, in the judgment of the board, rehabilitation is necessary to restore the employee to suitable employment. Upon notification, the employer or insurer shall have 15 days to appoint a rehabilitation supplier or give reason why rehabilitation is not necessary. Failure of the employer or insurer to respond to the board's notice within 15 days after notification shall result in the board appointing a rehabilitation supplier at the expense of the employer or insurer. Nothing in this chapter shall preclude the employer, insurer, or employee from petitioning the board at any time for the appointment of a rehabilitation supplier for rehabilitation., in its entirety and inserting in its place a new subsection (b) to read as follows: (b) (1) The employer or its insurer shall assess the injured employee's need for rehabilitation within 90 days of notification of injury. The employer or its insurer shall have the exclusive right within the 90 day period to appoint a rehabilitation supplier or give reason why rehabilitation is Page 1414 not necessary and shall notify the injured employee and the board on forms prescribed by the board. (2) If the employer or its insurer has not appointed a rehabilitation supplier within the 90 day period, any party may petition the board for an assessment of the rehabilitation needs of the injured employee and, if appropriate, the appointment of a rehabilitation supplier to restore the employee to suitable employment. The party petitioning the board shall serve copies of the request upon opposing parties and the proposed rehabilitation supplier. All parties shall have 15 days from the date shown on the certificate of service made by the requesting party in which to object to the necessity of rehabilitation or request the designation of a different supplier. The board shall then determine whether rehabilitation is necessary and if, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, the board shall designate a supplier requested by either of the parties or a supplier of the board's choosing. (3) The board may order at any time an assessment of the need for rehabilitation services. If, in the judgment of the board, rehabilitation is found to be necessary to restore the employee to suitable employment, a rehabilitation supplier shall be appointed pursuant to paragraph (1) or (2) of this subsection. (4) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. Section 6 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-201, relating to the selection of a physician from a panel of physicians and a change of physician or Page 1415 treatment, and inserting in its place a new subsection (b) to read as follows: (b) The employer shall maintain a list of at least four physicians or professional associations or corporations of physicians who are reasonably accessible to the employees. The employer shall post this list, to be known as the `panel of physicians,' in a prominent place or in prominent places upon the business premises and otherwise take all reasonable measures to ensure that employees: (1) Understand the function of the panel and the employee's right to select a physician therefrom in case of injury; and (2) Are given appropriate assistance in contacting panel members when necessary. Section 7 . Said chapter is further amended by adding at the end of Code Section 34-9-202, relating to the examination of an injured employee, a new subsection (e) to read as follows: (e) Notwithstanding the rights afforded an employee under Code Section 34-9-201, the employee, after an accepted compensable injury and within 60 days of receipt of any income benefits, shall have the right to one examination at a reasonable time and place, within this state or within 50 miles of the employee's residence, by a duly qualified physician or surgeon designated by the employee and to be paid for by the employer. Such examination, of which the employer or insurer shall be notified in writing in advance, shall not repeat any diagnostic procedures which have been performed since the date of the employee's injury unless the costs of such diagnostic procedures which are in excess of $250.00 are paid for by a party other than the employer or the insurer. Section 8 . Said chapter is further amended by adding at the end of Code Section 34-9-205, relating to the requirement of board approval of physicians' fees, hospital charges, and other charges and the collection of such fees, a new subsection (c) to read as follows: Page 1416 (c) Any party requesting peer review pursuant to the provisions of this Code section shall pay to the board such filing costs for peer review as established by the board; provided, however, the prevailing party in any peer review request shall be entitled to recover its filing costs, if any, from the party which does not prevail. Section 9 . Said chapter is further amended by striking Code Section 34-9-206, relating to the reimbursement of a group insurance company for the costs of medical treatment, and inserting in its place a new Code Section 34-9-206 to read as follows: 34-9-206. (a) Any party to a claim under this chapter, a group insurance company, or other health care provider who covers the costs of medical treatment for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of payments made in the employee's behalf for medical treatment. (b) In cases where a group insurance company or other health care provider covers the costs of medical treatment for a person who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or workers' compensation insurance carrier to repay the group insurance company or other health care provider the funds it has expended for the claimant's medical treatment, provided that such employer or its workers' compensation insurance carrier is liable under this chapter for such medical treatment and provided, further, that such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section. The employer or its workers' compensation insurance carrier deemed liable for such medical treatment shall not be obligated to pay such sums directly to the employee unless, and only to the extent that, it is proven that the employee has paid for such medical treatment himself. Section 10 . Said chapter is further amended by striking Code Section 34-9-220, relating to the period of incapacity preceding the payment of compensation, and inserting in its place a new Code Section 34-9-220 to read as follows: Page 1417 34-9-220. No compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calendar days of incapacity. Section 11 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-221, relating to procedures in cases where the payment of income benefits is controverted by the employer, and inserting in its place a new subsection (b) to read as follows: (b) The first payment of income benefits shall become due on the twenty-first day after the employer has knowledge of the injury or death, on which day all income benefits then due shall be paid. Thereafter, income benefits shall be due and payable in weekly installments; provided, however, that the board may, in its discretion, authorize payments to be made in different installments if it determines that this would be beneficial to all parties concerned. Such weekly payments shall be considered to be paid when due when mailed to the address specified by the employee or to the address of record according to the board. Section 12 . Said chapter is further amended by striking Code Section 34-9-243, relating to the effect of benefit payments paid when they are not due, and inserting in its place a new Code Section 34-9-243 to read as follows: 34-9-243. The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter. Section 13 . Said chapter is further amended by inserting immediately following Code Section 34-9-243 a new Code section, to be designated Code Section 34-9-244, to read as follows: Page 1418 34-9-244. (a) Any party to a claim under this chapter, a group insurance company, or other disability benefits provider who provides disability benefits for a person who subsequently files a claim under this chapter may give notice in writing to the board at any time during the pendency of the claim that such provider is or should be a party at interest as a result of such disability benefits paid to the employer. (b) In cases where a group insurance company or other disability benefits provider pays disability benefits to a person pursuant to an employer paid plan who subsequently files a claim and is entitled to benefits under this chapter, the board shall be authorized to order the employer or its workers' compensation insurance carrier to repay the group insurance company or other disability benefits provider the funds it has expended for such disability benefits and take credit for that amount against income benefits due under this chapter, provided that: (1) Such employer or its workers' compensation insurance carrier is liable under this chapter for income benefits; (2) Such other provider has become or should be a party at interest pursuant to the provisions of subsection (a) of this Code section; and (3) The disability benefits paid are pursuant to a plan funded in whole or in part by the employer or workers' compensation carrier. Section 14 . Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows: 34-9-261. (a) Except as provided in subsection (b) of this Code section, while the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $175.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. Page 1419 (b) With respect to injury or death resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit shall be $225.00. Section 15 . Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in its place a new Code Section 34-9-262 to read as follows: 34-9-262. (a) Except as otherwise provided in Code Section 34-9-263 and in subsection (b) of this Code section, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $117.00 per week for a period not exceeding 350 weeks from the date of injury. (b) With respect to temporary partial disability resulting from an accident occurring on or after July 1, 1990, the maximum weekly benefit shall be $150.00. Section 16 . Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to the filing of insurance rates, rating plans or systems, or underwriting rules with the Commissioner of Insurance, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner, when he deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the `Georgia Administrative Procedure Act': Page 1420 (1) May require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and (2) Shall require, not later than July 30, 1990, each domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. A rate filing required by this paragraph shall be updated by the insurer at least once every two years, the initial two-year period to be calculated from July 30, 1990. Section 17 . (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1990. (b) Section 2 of this Act shall become effective on June 30, 1990. Page 1421 Section 18 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. PROBATE COURTSJURY TRIALS; CONTEMPT. Code Sections 15-9-34 and 15-9-121 Amended. No. 1341 (Senate Bill No. 472). AN ACT To amend Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, so as to change the penalty provisions applicable in cases of attachment for contempt; to amend Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, so as to provide that a party may make written demand for a jury trial within 30 days after filing the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-9-34 of the Official Code of Georgia Annotated, relating to contempt powers of the judges of the probate courts, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: Page 1422 (b) Probate courts may issue rules and attachments for contempts offered the court or its process by any executor, administrator, guardian, or other person and may punish the same by a fine as high as $500.00 or imprisonment not exceeding 20 days, or both. Section 2 . Code Section 15-9-121 of the Official Code of Georgia Annotated, relating to jury trials in civil cases in probate court, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) of Code Section 29-5-6. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1423 DOMESTIC RELATIONSJOINT AND SOLE CHILD CUSTODY. Code Section 19-9-3 Amended. Code Section 19-9-6 Enacted. No. 1342 (Senate Bill No. 477). AN ACT To amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for joint and sole custody; to provide for definitions; 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 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by striking subsection (a) of Code Section 19-9-3, relating to the discretion of the court in custody disputes, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother. The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly. In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. Nothing in this Code section shall be interpreted to deny the Page 1424 noncustodial parent the right to reasonable visitation determined by the court as in other cases. Joint custody, as defined by Code Section 19-9-6, may be considered as an alternative form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate. The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation. Section 2 . Said chapter is further amended by adding a new Code Section 19-9-6 immediately following Code Section 19-9-5 to read as follows: 19-9-6. As used in this article, the term: (1) `Joint custody' means joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. In making an order for joint custody, the court may order joint legal custody without ordering joint physical custody. (2) `Joint legal custody' means both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training; provided, however, that the court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions. (3) `Joint physical custody' means that physical custody is shared by the parents in such a way as to assure the child of substantially equal time and contact with both parents. (4) `Sole custody' means a person, including, but not limited to, a parent, has been awarded permanent custody of a child by a court order. Unless otherwise provided by court order, the person awarded sole custody of a child shall have the rights and responsibilities for major decisions concerning the child, including the child's education, health care, and religious training, and the noncustodial parent shall have the right to visitation. A person who has not been Page 1425 awarded custody of a child by court order shall not be considered as the sole legal custodian while exercising visitation rights. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. TERMINATION OF PARENTAL RIGHTSEVIDENCE. Code Section 15-11-81 Amended. No. 1343 (Senate Bill No. 509). AN ACT To amend Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, so as to provide that the court, in determining whether a child is without proper parental care and control, shall consider evidence of past egregious conduct of the parent toward the child or toward another child and evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-11-81 of the Official Code of Georgia Annotated, relating to grounds for the termination of parental rights, is amended by striking subparagraph (b)(4)(B) in its entirety and substituting in lieu thereof a new subparagraph (B) to read as follows: (B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: Page 1426 (i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; (ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature; (v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and (vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1427 GEORGIA HAZARDOUS WASTE MANAGEMENT ACTHAZARDOUS WASTE REDUCTION PLANS. Code Title 12, Chapter 8, Article 3 Amended. No. 1344 (Senate Bill No. 519). 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 for additional definitions; to provide for the preparation of hazardous waste reduction plans by hazardous waste generators and for biennial progress reports in connection therewith; to provide that out-of-state hazardous waste generators storing, treating, or disposing of hazardous waste within this state shall prepare hazardous waste reduction plans and biennial progress reports; to provide for certain certifications; to provide for criminal penalties; to provide for applicability; to change the provisions relating to the preemption of other laws and local ordinances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 adding in Code Section 12-8-62, relating to definitions, new paragraphs (10.2) and (17) to read, respectively, as follows: (10.2) `Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11 of the Board of Natural Resources. (17) `Waste reduction' means a practice, other than dewatering, dilution, or evaporation, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard Page 1428 engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exists a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include or require: (A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes. Section 2 . Said article is further amended by adding immediately following Code Section 12-8-65 new Code Sections 12-8-65.1, 12-8-65.2, 12-8-65.3, and 12-8-65.4 to read as follows: 12-8-65.1. (a) By not later than March 1, 1992, large quantity hazardous waste generators shall develop hazardous waste reduction plans and submit such plans to the director. At a minimum, the plans shall include: (1) A written policy articulating upper management and corporate support for the generator's hazardous waste reduction plan and a commitment to implement plan goals; (2) The scope and objectives of the plan, including the evaluation of technologies, procedures, and personnel training programs to ensure unnecessary hazardous waste is not generated and specific goals for hazardous waste Page 1429 reduction, based on what is technically and economically practical; (3) Internal analysis of hazardous waste streams, with periodic hazardous waste reduction assessments, to review individual processes or facilities and other activities where hazardous waste may be generated and identify opportunities to reduce or eliminate hazardous waste generation; such assessments shall evaluate data on the types, amount, and hazardous constituents of hazardous waste generated, where and why that hazardous waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those hazardous wastes; (4) Hazardous waste accounting systems that identify hazardous waste management costs and factor in liability, compliance, and oversight costs to the extent technically and economically practical; (5) Employee awareness and training programs, to involve employees in hazardous waste reduction planning and implementation to the maximum extent feasible; (6) Institutionalization of the plan to ensure an ongoing effort as demonstrated by incorporation of the plan into management practice and procedures; and (7) Implementation of technically and economically practical hazardous waste reduction options, including a plan for implementation. (b) As part of each hazardous waste reduction plan developed under subsection (a) of this Code section, each large quantity hazardous waste generator shall establish specific performance goals for the reduction of hazardous waste. Wherever technically and economically practical, the specific performance goals established under this subsection shall be expressed in numeric terms. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as practical. Each large quantity hazardous waste generator shall explain the rationale Page 1430 for each performance goal. The rationale for a particular performance goal shall address any impediments to hazardous waste reduction, including but not limited to the following: (1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future; (2) Previously implemented reductions of hazardous waste; and (3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. (c) Examples of situations where hazardous waste reduction may not be economically practical as provided for in paragraph (3) of subsection (b) of this Code section include but are not limited to: (1) For valid reasons of priority, a particular company may choose first to address other more serious hazardous waste reduction concerns; (2) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (3) Legal or existing contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction. (d) All large quantity hazardous waste generators shall complete biennially a hazardous waste reduction progress report. A biennial progress report shall: (1) Analyze and quantify progress made, if any, in hazardous waste reduction, relative to each performance goal established under subsection (b) of this Code section; and (2) Set forth amendments to the hazardous waste reduction plan and explain the need for the amendments. Page 1431 (e) The board may adopt and promulgate such rules and regulations as may be necessary to further define and implement the provisions of this Code section and Code Section 12-8-65.2, provided such rules and regulations are supplemental to and not in conflict with this Code section and Code Section 12-8-65.2. 12-8-65.2. (a) All large quantity hazardous waste generators shall complete and submit to the director a hazardous waste reduction plan on or before March 1, 1992. The plans shall be updated and progress reported on a biennial basis thereafter. The first updated biennial report shall be due in 1994 and shall be submitted to the director as prescribed in rules or regulations adopted by the board. (b) Subject to available funding, the Georgia Institute of Technology shall provide technical assistance, if requested, to hazardous waste generators in reducing the amount and toxicity of hazardous waste generated, in preparing hazardous waste reduction plans, and in preparing biennial progress reports. (c) The director shall maintain a copy of each hazardous waste reduction plan and biennial progress report received. This information shall be available to the public at the director's or the division's office. 12-8-65.3. (a) For the purposes of this Code section, `out-of-state generator' means any large quantity hazardous waste generator generating hazardous waste at a location outside the State of Georgia. (b) As a condition of allowing any out-of-state generator to store, treat, or dispose of hazardous waste at a hazardous waste disposal facility located within the State of Georgia, such out-of-state generator shall prepare and submit to the director upon his request a hazardous waste reduction plan and biennial hazardous waste reduction progress reports in substantial compliance with the requirements of Code Sections 12-8-65.1 and 12-8-65.2. (c) No hazardous waste disposal facility shall accept hazardous waste from an out-of-state generator unless the out-of-state generator presents to the owner or operator of the hazardous Page 1432 waste facility certification that the out-of-state generator is in compliance with the provisions of subsection (b) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner of such generator. It shall be unlawful to make a false statement on such certification and the making of a false statement shall be punishable as an act of false swearing under Code Section 16-10-71. (d) The requirements of Code Sections 12-8-65.1 and 12-8-65.2 and of subsections (a), (b), and (c) of this Code section shall not apply to any hazardous waste generator which is a generator as a consequence of any remediation or cleanup programs conducted either voluntarily or through legal actions under either the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), as amended, and shall not apply to a commercial hazardous waste treatment, storage, or disposal facility upon certification to the director that because of the nature of its business operation or process such facility cannot meet the waste reduction requirement prescribed under Code Sections 12-8-65.1 and 12-8-65.2 and subsections (a), (b), and (c) of this Code section. Such certification shall be made under oath or affirmation of the person making such certification that the contents of such certification are true and shall be made by a corporate officer, partner, or owner of such facility. It shall be unlawful to make a false statement on such certification and the making of such false statement shall be punishable as an act of false swearing under Code Section 16-10-71. 12-8-65.4. Nothing contained in Code Sections 12-8-65.1 through 12-8-65.3 or Code Section 12-8-66 shall require a duplication of reporting requirements under this article as it existed prior to July 1, 1990. Section 3 . Said article is further 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: Page 1433 (h) (1) Upon the first receipt of an application for a hazardous 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, to each city government located wholly or partially within that county, and to the government of each county and city having territorial boundaries within two miles of the hazardous waste facility or proposed hazardous waste facility, 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 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 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. Page 1434 Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LIQUIFIED PETROLEUM GASSTORAGE FACILITIES. Code Section 10-1-268 Amended. No. 1345 (Senate Bill No. 529). AN ACT To amend Article 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, so as to change provisions relating to storage facilities required to be maintained by persons, firms, and corporations licensed to sell or distribute liquefied petroleum gas; 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 10 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sale and storage of liquefied petroleum gas, is amended by striking Code Section 10-1-268, which reads as follows: 10-1-268. No person, firm, or corporation shall be licensed to sell or distribute liquefied petroleum gas in this state unless such person, firm, or corporation owns or operates in Georgia at least one bulk storage facility capable of holding a minimum of 18,000 water gallons of liquefied petroleum gas, except where such person, firm, or corporation operates on a franchise with a supplier who maintains a total storage in the State of Georgia equivalent to at least 18,000 water gallons storage capacity for each such franchisee who distributes liquefied petroleum gas in bulk; provided, however, the state fire marshal, in his discretion and in accordance with such rules Page 1435 and regulations as have been or may be duly promulgated and adopted under this article, may waive the minimum bulk storage facility requirement for those dealers who supply or sell to customers for use in motor vehicles using liquefied petroleum gas as motor fuel or to portable bottle customers, trailer camp customers, and similar customers whose portable containers comply with the specifications of the Interstate Commerce Commission and have a capacity of not more than 100 pounds of liquefied petroleum gas., and inserting in its place a new Code section to read as follows: 10-1-268. (a) Every entity licensed to sell or distribute liquefied petroleum gas in this state shall have located within the State of Georgia storage capacity for a minimum of 30,000 water gallons of liquefied petroleum gas, except that entities initially licensed prior to July 1, 1990, may continue to operate with the previously approved 18,000 gallons minimum storage capacity. If the 30,000 gallons (water capacity) storage consists of more than one container, then no storage container used to meet this requirement shall be of a size less than 6,000 gallons (water capacity). (b) The storage capacity required by subsection (a) of this Code section shall be within close proximity to the area serviced. (c) The state fire marshal, in his discretion and in accordance with such rules and regulations as have been or may be duly promulgated and adopted under this article, may waive the minimum bulk storage facility requirement of subsection (a) of this Code section. (d) If the storage capacity required by subsection (a) of this Code section is leased or rented, then such storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading/unloading facilities. Page 1436 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. ECONOMIC REHABILITATION ACT OF 1975. Code Sections 49-8-1 through 49-8-6 Amended. Code Section 49-8-7 Repealed. No. 1346 (Senate Bill No. 530). AN ACT To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to revise Chapter 8 of said title, known as The Economic Rehabilitation Act of 1975; to change the provisions relating to the purpose of the chapter; to change certain definitions and delete other definitions; to change the provisions relating to administration of such chapter; to change the provisions relating to allocation of funds and the use thereof; to delete certain requirements relative to the matching of funds; to delete provisions relating to boards of directors of community action agencies; to change the provisions relating to activities of local agencies and the powers and duties thereof; to change the provisions relating to work plans; to delete provisions relating to acceptance or rejection of proposals by local government subdivisions; 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 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 8 of said title and inserting in lieu thereof a new Chapter 8 to read as follows: Page 1437 CHAPTER 8 49-8-1. This chapter shall be known and may be cited as `The Economic Rehabilitation Act of 1975.' 49-8-2. It is the purpose of this chapter to provide direction and technical assistance to a community services program, with its goals being economic rehabilitation and the alleviation of acute suffering, in this state; to continue a flexible and decentralized system of state, regional, and local programs providing such services for the economically disadvantaged and other eligible citizens; to assist local communities in the establishment of demonstration programs to meet the unmet needs of their citizens or to fill in service gaps; to encourage state-wide interagency coordination; and to provide the fiscal support needed to assure the continuation of community action agencies as grantees for federal and other moneys. 49-8-3. As used in this chapter, the term: (1) `Board of directors' means the policy-making board of a community action agency. (2) `Community action agency' means a public or private nonprofit corporation which was a recipient of community services block grant funds on January 1, 1989. (3) `Director' means the person designated by the commissioner of human resources to effect the coordination and fiscal accountability of the community services authorized by this chapter. (4) `Outreach' means staff capability to locate eligible clients, determine and evaluate needs, furnish information, gather data, make referrals, secure transportation, and assist clients in locating existing resources or assist in developing needed resources where none exist. (5) `Poverty guideline' means the sliding scale of family incomes revised periodically and published as a poverty index in the Federal Register. Page 1438 49-8-4. (a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources. (b) The director is authorized to issue special instructions or rules and regulations as necessary to carry out the intent of this chapter. 49-8-5. (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 board of directors of the community action agency involved. (b) The director shall determine the appropriate method for the distribution of funds available for these purposes. A portion of these funds may be used to establish and maintain community action agencies according to this chapter. (c) No funds may be allocated to any community action agency which does not have a policy guaranteeing nondiscrimination in the delivery of services. (d) No funds may be allocated to any community action agency which does not have a policy-making board of directors. The membership of such board must be made up of no fewer than one-third democratically elected representatives of the client group and no more than one-third public officials or their designees. The remainder of the board shall be composed of members appointed from the public sector. (e) The director shall be responsible for ensuring that at least an annual fiscal and programmatic audit be conducted of each community action agency to ensure that contract awarded funds are properly and legally utilized and disbursed in accordance with the intentions of this chapter. All employees of each community action agency who handle funds of the agency shall be bonded by a licensed bonding company. 49-8-6. (a) Each community action agency shall use funds available to it under this chapter and other sources for Page 1439 the planning, operation, outreach, and evaluation of a variety of community service pilot programs designed to assist the economically disadvantaged and other persons to achieve self-sufficiency. Community action agencies shall maintain a coordinating role in the community. (b) No community action agency, its board members, its executive officer, or its employees shall be authorized to use funds, facilities, or equipment owned by or available to the agency, including, but not limited to, stationery, postage, duplicating machines, and telephones, in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. No community action agency shall engage in the manufacture, distribution, display, advertising, or mailing of any printed materials in behalf of any candidate for elective office or any political party or in support of any position on a question of public policy which is the subject of a referendum in the area in which such agency is located. (c) Work plans submitted to the director must be approved in advance by the board of directors described in paragraph (1) of Code Section 49-8-3. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1440 CRIMES AND OFFENSESCOUNTERFEIT OR FALSE PROOF OF INSURANCE DOCUMENTS. Code Section 16-9-5 Enacted. No. 1347 (Senate Bill No. 544). AN ACT To amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document; to make it unlawful for any person to possess a counterfeit or false proof of insurance document; to define a certain term; to specify when a proof of insurance document shall be deemed counterfeit or false; to provide 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 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding following Code Section 16-9-4 a new Code Section 16-9-5 to read as follows: 16-9-5. (a) As used in this Code section, the term `proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 33-34-12. (b) (1) It shall be unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document. (2) It shall be unlawful for any person to possess a counterfeit or false proof of insurance document. Page 1441 (3) A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon. (c) (1) Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both. (2) Any person who violates paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LOCAL GOVERNMENTEXPENDITURE OF BOND FUNDS. Code Section 36-82-4.2 Enacted. No. 1348 (Senate Bill No. 554). AN ACT To amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental Page 1442 entities, so as to provide for the expenditure of bond funds for purposes other than that stated in the public bond notice; to require certain findings by the governing authority of the bonding political subdivision; to provide for authorized expenditure of such funds; to provide for a certain notice; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds of counties, municipal corporations, and other governmental entities, is amended by inserting immediately following Code Section 36-82-4.1 a new Code Section to read as follows: 36-82-4.2. (a) When, subsequent to the issuance of any bonds pursuant to the provisions of this article, the governing authority of any county, municipal corporation, or political subdivision adopts by a two-thirds' majority vote a resolution declaring that: (1) A portion of the bond funds remains after the purpose stated in the notice required by subsection (b) of Code Section 36-82-1 has been achieved or accomplished; (2) The purpose stated in such notice is no longer necessary; or (3) Circumstances have changed such that the expenditure of all or part of such bond funds is no longer practicable or feasible, the governing authority shall be authorized to expend such bond funds, including interest, for purposes of a nature substantially similar to the purpose stated in such notice or to reduce the bonded indebtedness of the county, municipality, or political subdivision. (b) Not sooner than ten days prior to expending bond funds as provided in subsection (a) of this Code section, the Page 1443 governing authority shall cause to be published once in the official county organ a copy of the resolution adopted pursuant to subsection (a) of this Code section, which resolution shall set forth the reason the bond funds were not expended for the original purpose and shall state the purpose for which such funds will be expended. In addition, the governing authorities shall cause a copy of such resolution to be sent by registered or certified mail to any trustee for bondholders or other paying agent. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. PENAL INSTITUTIONSRELEASE OF PRISONERS PRIOR TO COMPLETION OF SENTENCE. Code Section 42-4-4 Amended. No. 1349 (Senate Bill No. 561). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide that, subject to certain conditions, a sheriff shall not release a prisoner from his custody prior to the lawful completion of his sentence; to provide that a sheriff shall not be precluded from designating a prisoner as a trustee or from transferring a prisoner under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1444 Section 1 . Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by striking Code Section 42-4-4, relating to the duties of a sheriff with respect to inmates of a jail, in its entirety and inserting in lieu thereof a new Code Section 42-4-4 to read as follows: 42-4-4. (a) It shall be the duty of the sheriff: (1) To take from the outgoing sheriff custody of the jail and the bodies of such persons as are confined therein, along with the warrant or cause of commitment; (2) To furnish persons confined in the jail with medical aid, heat, and blankets, to be reimbursed if necessary from the county treasury, for neglect of which he shall be liable to suffer the penalty prescribed in this Code section; and (3) To take all persons arrested or in execution under any criminal or civil process to the jail of an adjoining county, or to the jail of some other county if the latter is more accessible, if the jail of his county is in an unsafe condition, under such rules as are prescribed in this chapter. (b) Subject to the provisions of this subsection and except as provided by law or as directed by a court of competent jurisdiction, a sheriff shall not release a prisoner from his custody prior to the lawful completion of his sentence including any lawful credits under a trusty system. The provision shall not, however, preclude a sheriff from designating an inmate as a trustee and utilizing him in a lawful manner and, furthermore, this provision shall not preclude a sheriff from transferring a prisoner to another jail in another county if the sheriff concludes that such transfer is in the best interest of the prisoner or that such transfer is necessary for the orderly administration of the jail. (c) Any sheriff or deputy who fails to comply with this Code section shall be fined for contempt, as is the clerk of the superior court in similar cases. The sheriff or deputy shall also be subject to removal from office as prescribed in Code Section 15-6-82. Page 1445 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. GEORIGA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTSTERMINATION DATE. Code Section 43-10A-24 Amended. No. 1350 (Senate Bill No. 572). 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 change certain provisions relating to the termination of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists and the repeal of the laws relating thereto; 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 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 striking Code Section 43-10A-24, relating to termination of the Georgia 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, Page 1446 and Marriage and Family Therapists shall be terminated on July 1, 1996, 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 11, 1990. EVIDENCEWITNESS FEES FOR ARSON INVESTIGATORS OR FIREMEN. Code Section 24-10-27 Amended. No. 1351 (Senate Bill No. 579). AN ACT To amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, so as to provide for the payment of such witness fees to any arson investigator of the state fire marshal's office or any member of a local fire department; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, correctional officers, and similar persons, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: Page 1447 (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 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 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 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, the director of public safety of a college or university, 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. (2) Any 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 duties of such officer, shall be compensated as provided in Code Section 24-10-24. Section 2 . Said Code section is further amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: Page 1448 (c) The fee specified by subsections (a) and (b) of this Code section shall not be paid if the officer receives any overtime pay for time spent attending such court pursuant to the writ of subpoena. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. EDUCATIONGEORGIA EDUCATION TRUST. Code Title 20, Chapter 3, Article 10 Enacted. No. 1352 (Senate Bill No. 597). AN ACT To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the College Opportunity Act; to create the Georgia Education Trust to assist students and their parents in financing postsecondary education; to provide a short title; to provide for declaration of purpose and policies; to define certain terms; to provide for contracts between the trust and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education; to provide for types of contracts; to provide conditions for the termination of advance tuition payment contracts; to provide for refunds of payments made under advance tuition payment contracts under certain circumstances; to provide for payment of refunds to independent degree-granting colleges or universities located in the state or to community or junior colleges located in this state under certain circumstances; to provide for an advance tuition payment fund within the trust into which advance tuition payments are made; to provide that moneys in such fund shall not be considered state revenues or moneys; to provide for payments from the fund; to create the board of directors of the Georgia Education Trust; to provide for vacancies on such board; to provide certain allowances and reimbursement of Page 1449 expenses incurred by members in carrying out their duties; to provide for organization, meetings, and powers and duties of the board; to provide for annual audits of the trust; to provide for administration of the trust to assure the actuarial soundness of the trust; to require the trust to solicit from the Securities and Exchange Commission certain answers to ruling requests of the trust; to provide for services; to provide for the assets of the trust; to provide that advance tuition payment contracts shall not be construed to promise or guarantee certain results concerning the admission to or graduation from institutions of higher education; to provide that advance tuition payment contracts shall be exempt from Chapter 5 of Title 10, the Georgia Securities Act of 1973; to provide for payment of operation costs; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding at the end of said chapter a new Article 10 to read as follows: ARTICLE 10 20-3-600. This article shall be known and may be cited as the `College Opportunity Act.' 20-3-601. The General Assembly finds and declares the following: (1) It is an essential function of state government to encourage schools and the means of education, as provided in Article VIII, Section I, Paragraph I of the Constitution; (2) It is a responsibility of state government to maintain state institutions of higher education as provided by Article VIII, Section IV of the Constitution; (3) It is an essential function of state government to encourage attendance at state institutions of higher education; Page 1450 (4) Tuition costs at public institutions of higher education are difficult for many to afford and are unpredictable which causes problems when families attempt to plan for the cost of higher education; (5) It is in the best interest of the people of this state to foster public higher education resulting in more educated citizens; (6) It is in the best interest of the people of this state to encourage state residents to enroll in state public institutions of higher learning; (7) Students in elementary and secondary schools tend to achieve to a higher standard of performance when the payment or tuition for their higher education is secured; and (8) Providing assistance to assure the higher education of the citizens of this state is necessary and desirable for the public health, safety, and welfare. 20-3-602. In light of the findings described in Code Section 20-3-601, the General Assembly declares that the purposes of the Georgia Education Trust created by this article are: (1) To encourage education and the means of education; (2) To maintain state institutions of higher education by helping to provide a stable financial base to these institutions; (3) To provide wide and affordable access to state institutions of higher education for the residents of this state; (4) To encourage attendance at state institutions of higher education; (5) To provide students and their parents economic protection against rising tuition costs; Page 1451 (6) To provide students and their parents financial assistance for postsecondary education; (7) To help provide the benefits of higher education to the people of this state; and (8) To encourage elementary and secondary students in this state to achieve high standards of performance. 20-3-603. As used in this article, the term: (1) `Advance tuition payment contract' means a contract entered into by the trust and a purchaser pursuant to this article to provide for the higher education of a qualified beneficiary. (2) `Board' means the board of directors of the Georgia Education Trust described in Code Section 20-3-609. (3) `Fund' means the advance tuition payment fund created within the Georgia Education Trust as provided in Code Section 20-3-608. (4) `Purchaser' means a person who makes or is obligated to make advance tuition payments pursuant to an advance tuition payment contract. (5) `Qualified beneficiary' means any resident of this state. (6) `State institution of higher education' means any four-year college or university within the University System of Georgia. (7) `Trust' or `trust fund' means the Georgia Education Trust created in Code Section 20-3-604. (8) `Weighted average tuition cost of state institutions of higher education' means the tuition cost arrived at by adding the products of the annual undergraduate in-state tuition cost at each state institution of higher education and its total number of undergraduate fiscal year equated students and then dividing the gross total of this cumulation Page 1452 by the total number of undergraduate fiscal year equated students attending state institutions of higher education. 20-3-604. (a) There is created a public body corporate and politic to be known as the Georgia Education Trust. The trust shall be within the Georgia Student Finance Commission. (b) The purposes, powers, and duties of the trust are vested in and shall be exercised by a board of directors as described in Code Section 20-3-609. 20-3-605. (a) The trust, on behalf of itself and the state, may contract with a purchaser for the advance payment of tuition by the purchaser for a qualified beneficiary to attend any of the state institutions of higher education to which the qualified beneficiary is admitted, without further tuition cost to the qualified beneficiary. In addition, an advance tuition payment contract shall set forth all of the following: (1) The amount of the payment or payments required from the purchaser on behalf of the qualified beneficiary; (2) The terms and conditions for making the payment, including, but not limited to, the date or dates upon which the payment, or portions of the payment, shall be due; (3) Provisions for late payment charges and for default; (4) The name and age of the qualified beneficiary under the contract. The purchaser, with the approval of and on conditions determined by the trust, may subsequently substitute another person for the qualified beneficiary originally named; (5) The number of credit hours covered by the contract; (6) The name of the person entitled to terminate the contract, which, as provided by the contract, may be the purchaser, the qualified beneficiary, or a person to act on Page 1453 behalf of the purchaser or qualified beneficiary, or any combination of these persons; (7) The terms and conditions under which the contract may be terminated and the amount of the refund, if any, to which the person terminating the contract, or specifically the purchaser or designated qualified beneficiary if the contract so provides, shall be entitled upon termination; (8) The assumption of a contractual obligation by the trust to the qualified beneficiary on its own behalf and on behalf of the state to provide for credit hours of higher education, not to exceed credit hours required for the granting of a baccalaureate degree, at any state institution of higher education to which the qualified beneficiary is admitted. The advance tuition payment contract shall provide for the credit hours of higher education that a qualified beneficiary may receive under the contract if the qualified beneficiary is not entitled to in-state tuition rates; (9) The period of time from the beginning to the end of which the qualified beneficiary may receive the benefits under the contract; (10) All other rights and obligations of the purchaser and the trust; and (11) Other terms, conditions, and provisions as the trust considers in its sole discretion to be necessary or appropriate. (b) The form of any advance tuition payment contract to be entered into by the trust shall first be approved by the Office of Planning and Budget. (c) The trust shall make any arrangements that are necessary or appropriate with the board of regents or state institutions of higher education in order to fulfill its obligations under advance tuition payment contracts, which arrangements may include, but need not be limited to, the payment by the trust of the then actual in-state tuition cost on behalf of a qualified beneficiary to the state institution of higher education. Page 1454 (d) An advance tuition payment contract shall provide that the trust provide for the qualified beneficiary to attend a community or junior college in this state before entering a state institution of higher education if the beneficiary so chooses and that the contract may be terminated pursuant to Code Section 20-3-607 after completing the requirements for a degree at the community or junior college in this state or before entering a state institution of higher education. (e) An advance tuition payment contract may provide that, if after a number of years specified in the contract the contract has not been terminated or the qualified beneficiary's rights under the contract have not been exercised, the trust shall retain the amounts otherwise payable and the rights of the qualified beneficiary, the purchaser, or the agent of either shall be considered terminated. 20-3-606. (a) At a minimum, the trust shall offer contracts of the two types set forth in paragraphs (1) and (2) of this subsection, to be known as Plan A and Plan B, respectively. (1) Under Plan A: (A) A payment or series of installment payments of not less than $50.00 per month shall be required from the purchaser on behalf of a qualified beneficiary. (B) If an advance tuition payment contract is terminated before a qualified beneficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the payment or payments in accordance with the terms of the contract, less any administrative fee specified in the contract, but shall not refund any investment income attributable to the payments. (C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further Page 1455 tuition cost to the qualified beneficiary, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates. (D) As an alternative to subparagraph (C) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for a fixed number of credit hours, as permitted by the trust, less than the total number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates. (2) Under Plan B: (A) A payment or series of installment payments of not less than $50.00 per month shall be required on behalf of a qualified beneficiary. (B) If an advance tuition payment contract is terminated before a qualified beneficiary earns a high school diploma or reaches the age of majority, or pursuant to paragraph (4) of subsection (a) of Code Section 20-3-607, the trust shall refund the face amount of the payment or payments in accordance with the terms of the contract, less any administrative fee specified in the contract, together with all or a specified portion of accrued investment income attributable to the payment or payments as may be agreed to in the contract. (C) Except as provided in subparagraph (D) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for the number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary, except as provided in subsection (a) of Code Section 20-3-605 for a Page 1456 qualified beneficiary who is not entitled to in-state tuition rates. (D) As an alternative to subparagraph (C) of this paragraph, the trust shall provide for the qualified beneficiary to attend a state institution of higher education at which the qualified beneficiary attends for a fixed number of credit hours, as permitted by the trust, less than the total number of credit hours required by the institution for the awarding of a baccalaureate degree, without further tuition cost to the qualified beneficiary for that fixed number of credit hours, except as provided in subsection (a) of Code Section 20-3-605 for a qualified beneficiary who is not entitled to in-state tuition rates. (b) Contracts required to be offered by this Code section may require that payment or payments from a purchaser, on behalf of a qualified beneficiary who may attend a state institution of higher education in less than four years after the date the contract is entered into by the purchaser, be based upon attendance at a certain state institution of higher education or at that state institution of higher education with the highest prevailing tuition cost for the number of credit hours covered by the contract. (c) Contracts required to be offered by this Code section shall be offered with two alternatives. One alternative shall offer advance tuition payment contracts that provide the credit hours of higher education necessary for the granting of a baccalaureate degree at any of the state institutions of higher education. The second alternative shall provide that the number of credit hours of higher education a qualified beneficiary may receive under the contract will be reduced to a percentage of the credit hours required for the granting of a baccalaureate degree at a state institution of higher education, as specified in the contract, if the qualified beneficiary enrolls in a state institution of higher education imposing at the time the qualified beneficiary enrolls an annual tuition rate that is greater than 105 percent of the weighted average annual tuition rate of all state institutions of higher education. This subsection shall not precluse a state institution of higher education at which a qualified beneficiary is entitled to receive less than the minimum Page 1457 number of credit hours required for the granting of a baccalaureate degree from providing that qualified beneficiary, without further tuition charges, the additional credit hours necessary to receive a baccalaureate degree. (d) If a beneficiary of an advance tuition payment contract with either an alternative one or alternative two designation, as described in subsection (c) of this Code section, attends a community or junior college for two years at the in-state tuition rate, that beneficiary then may attend any state institution of higher education at no additional tuition cost and receive the number of credit hours necessary for the awarding of a baccalaureate degree. 20-3-607. (a) An advance tuition payment contract shall authorize a termination of the contract when any one of the following occurs: (1) The qualified beneficiary dies; (2) The qualified beneficiary is not admitted to a state institution of higher education after making proper application; (3) The qualified beneficiary certifies to the trust that he or she has decided to attend and has been accepted by a Georgia independent, degree-granting institution of postsecondary education recognized by the board of regents or, after he or she has a high school diploma or has reached the age of majority, he or she has decided not to attend a state institution of higher education and requests, in writing, before July 15 of the year in which the qualified beneficiary desires to terminate the contract, that the advance tuition payment contract be terminated; or (4) Other circumstances, determined by the trust and set forth in the advance tuition payment contract, occur. (b) Except as provided in subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 20-3-606, an advance tuition payment contract shall provide for a refund pursuant to this Code section to a person to whom the refund is payable under the contract upon termination of the contract. If the qualified beneficiary Page 1458 has a high school diploma or has reached the age of majority, and attends an institution of higher education, the amount of a refund, except as provided in subsection (d) of this Code section, shall be the lesser of the average tuition cost of all state institutions of higher education on the date of termination of the contract, or the face amount of the payment or payments and any accrued investment income attributable to the payment or payments, if he or she is covered by alternative one, as described in subsection (c) of Code Section 20-3-606, or the lowest tuition cost of all state institutions of higher education on the date of termination of the contract if he or she is covered by alternative two or does not attend an institution of higher education. The amount of a refund shall be reduced by an appropriate percentaage if the purchaser entered into an advance tuition payment contract that provided for a fixed number of credit hours less than the total number of credit hours required by a state institution of higher education for the awarding of a baccalaureate degree, by the amount transferred to a community or junior college on behalf of a qualified beneficiary when the contract is terminated as provided in subsection (d) of Code Section 20-3-605, and by the amount transferred to a state institution of higher education on behalf of a qualified beneficiary. Termination of a contract and the right to receive a refund shall not be authorized under the contract if the qualified beneficiary has completed more than one-half of the credit hours required by the state institution of higher education for the awarding of a baccalaureate degree. However, this provision shall not affect the termination and refund rights of a graduate of a community or junior college. Pursuant to this subsection and except as provided by subsection (c) of this Code section, the trust shall make refund payments in equal installments over four years and not later than August 15 of the year due. (c) An advance tuition payment contract shall authorize a person, who is entitled under the advance tuition payment contract to terminate the contract, to direct payment of the refund to an independent degree-granting college or university in this state or to a community or junior college located in this state. If directed to make payments pursuant to this subsection, the trust shall transfer to the designated institution an amount equal to the tuition due for the qualified beneficiary, but the trust shall not transfer a cumulative amount greater than the refund to which the person is entitled. If the refund exceeds the Page 1459 total amount of transfers directed to the designated institution, the excess shall be returned to the person to whom the refund is otherwise payable. (d) Notwithstanding any other provision of this article, the amount of a refund paid upon termination of the advance tuition payment contract by a person who directs the trust pursuant to subsection (c) of this Code section to transfer the refund to an independent degree-granting college or university located in this state shall not be less than the prevailing weighted average tuition cost of state institutions of higher education for the number of credit hours covered by the contract on the date of termination. In calculating the amount of a refund for an advance payment contract containing the restrictions provided by subsection (c) of Code Section 20-3-606, the prevailing weighted average tuition cost shall be based upon only those state institutions of higher education at which the qualified beneficiary could have received sufficient credit hours for a baccalaureate degree. 20-3-608. (a) There is created under the jurisdiction and control of the board and within the trust an advance tuition payment fund. Payments received by the trust from purchasers on behalf of qualified beneficiaries or from any other source, public or private, shall be placed in the fund. The fund may be divided into separate accounts. (b) Assets of the trust, including the fund, shall not be considered state moneys or revenues of the state and shall not be governed by Article III, Section IX or Article VII, Section III of the Constitution. (c) Unless otherwise provided by resolution of the board, assets of the trust shall be expended in the following order of priority: (1) To make payments to state institutions of higher education on behalf of qualified beneficiaries; (2) To make refunds upon termination of an advance tuition payment contract; and Page 1460 (3) To pay the costs of organization, administration, and operation of the trust and the fund. 20-3-609. (a) The board of directors of the Georgia Education Trust shall consist of the executive director of the Georgia Student Finance Commission and six other members with knowledge, skill, and experience in the academic, business, or financial field, who shall be appointed by the Governor and confirmed by the Senate. Members of the board other than the executive director of the Georgia Student Finance Commission shall be appointed for terms of four years, the initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. State officers or employees may be appointed to the board unless otherwise prohibited by law; provided, however, that at least three members of the board shall be citizens from the state at large. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the board, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) The initial terms for all members shall begin September 1, 1990. (d) The Governor shall designate a chairperson of the board from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The board shall elect a vice-chairperson and may elect such other officers and committees as it considers appropriate. (e) Members of the board shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the board is in attendance at a meeting of such board, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance as members of the General Assembly receive. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the advance tuition payment fund. Page 1461 (f) The board may delegate to its chairperson, vice-chairperson, or others such functions and authority as the board considers necessary or appropriate. These functions may include, but are not limited to, the oversight and supervision of employees of the trust. (g) A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board or the exercise of a power or function of the trust, notwithstanding the existence of one or more vacancies. Voting upon action taken by the board shall be conducted by majority vote of the members present in person at a meeting of the board, and, if authorized by the bylaws of the board and when a quorum is present in person at the meeting, by use of amplified telephonic equipment. The board shall meet at the call of the chairperson and as may be provided in the bylaws of the trust. Meetings of the board may be held anywhere within the state. (h) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Chapter 14 of Title 50. Public notice of the time, date, and place of the meeting shall be given in the manner required by subsection (e) of Code Section 50-14-1. (i) A writing prepared, owned, used, in the possession of, or retained by the board in the performance of an official function shall be made available to the public if required by Article 3 or 4 of Chapter 18 of Title 50. 20-3-610. In addition to the powers granted by other provisions of this article, the board shall have the powers necessary or convenient to carry out and effectuate the purposes, objectives, and provisions of this article, the purposes and objectives of the trust, and the powers delegated by other laws or executive orders, including, but not limited to, the power to: (1) Invest any money of the trust fund only in general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Page 1462 Credit Banks, or to tax-exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others; (2) Pay money to state institutions of higher education from the trust; (3) Impose reasonable residency requirements for qualified beneficiaries; (4) Impose reasonable limits on the number of participants in the trust; (5) Segregate contributions and payments to the trust fund into various accounts and funds; (6) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for rendering professional, management, and technical assistance and advice, payable out of any money of the trust fund; (7) Solicit and accept gifts, grants, loans, and other aid from any person or the federal, state, or a local government or any agency of the federal, state, or a local government or to participate in any other way in any federal, state, or local government program; Page 1463 (8) Charge, impose, and collect administrative fees and charges in connection with any transaction and to provide for reasonable penalties, including default, for delinquent payment of fees or charges or for fraud; (9) Procure insurance against any loss in connection with the trust's property, assets, or activities; (10) Bring actions and defend actions; have a seal and alter the same at pleasure; have perpetual succession; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws; (11) Enter into contracts on behalf of the state; (12) Administer the funds of the trust; (13) Indemnify or procure insurance indemnifying any member of the board from personal loss or accountability from liability resulting from a member's action or inaction as a member of the board, including, but not limited to, liability asserted by a person on any bonds or notes of the trust; (14) Impose reasonable time limits on use of the tuition benefits provided by the trust, if the limits are made a part of the contract; (15) Define the terms and conditions under which money may be withdrawn from the trust, including, but not limited to, reasonable charges and fees for any such withdrawal, if the terms and conditions are made a part of the contract; (16) Provide for receiving contributions in lump sums or periodic sums; (17) Establish policies, procedures, and eligibility criteria to implement this article; and (18) Enter into arrangements with Georgia institutions of higher education for the trust to offer on behalf of the Page 1464 institution advance tuition payment contracts under which the Georgia institution of higher education will be contractually obligated to provide a beneficiary under the contract with credit hours of higher education in addition to those required for a baccalaureate degree. 20-3-611. The board shall annually prepare or cause to be prepared an accounting of the trust and shall transmit a copy of the accounting to the Governor and the General Assembly. The board shall also make available the accounting of the trust to the purchasers of the trust. The accounts of the board shall be subject to annual audits by the state auditor or a certified public accountant appointed by the state auditor. 20-3-612. (a) The trust shall be administered in a manner reasonably designed to be actuarially sound such that the assets of the trust will be sufficient to defray the obligations of the trust. (b) In the accounting of the trust made pursuant to Code Section 20-3-611, the board shall annually evaluate or cause to be evaluated the actuarial soundness of the trust by a nationally recognized actuarial firm and determine the additional assets needed, if any, to defray the obligations of the trust. If there are not funds sufficient to ensure the actuarial soundness of the trust, the trust shall adjust payments of subsequent purchases to ensure its actuarial soundness. If there are insufficient numbers of new purchasers to ensure the actuarial soundness of a plan of the trust, the available assets of the trust attributable to the plan shall be immediately prorated among the then existing contracts, and these shares shall be applied, at the option of the person to whom the refund is payable or would be payable under the contract upon termination of the contract, either towards the purposes of the contract for a qualified beneficiary or disbursed to the person to whom the refund is payable or would be payable under the contract upon termination of the contract. (c) Before entering into advance tuition payment contracts with purchasers, the trust shall solicit answers to appropriate ruling requests from the Securities and Exchange Commission regarding the application of federal security laws Page 1465 to the trust. No contracts shall be entered without the trust making known the status of the request. 20-3-613. The trust, in its discretion, may contract with others, public or private, for the provision of all or a portion of the services necessary for the management and operation of the trust. The trust shall also endeavor to work with private sector investment managers, state institutions of higher education, and independent degree-granting colleges and universities in this state to study the feasibility of instituting programs among these parties that insure full tuition payment upon purchase of a prepayment plan. The trust shall evaluate the feasibility and actuarial soundness of a prepayment plan exclusively for community and junior colleges. The board shall submit a report to the legislature before December 31, 1991, regarding its success at instituting programs among private sector investment managers, state institutions of higher education, and independent degree-granting colleges and universities of the state that insure full tuition prepayment plans. 20-3-614. The assets of the trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes set forth in this article and shall not be loaned or otherwise transferred or used by the state for any purpose other than the purposes of this article. This Code section shall not be construed to prohibit the trust from investing in, by purchase or otherwise, bonds, notes, or other obligations of the state, an agency of the state, or an instrumentality of the state. 20-3-615. Nothing in this article or in an advance tuition payment contract entered into pursuant to this article shall be construed as a promise or guarantee by the trust or the state that a person will be admitted to a state institution of higher education or to a particular state institution of higher education, will be allowed to continue to attend a state institution of higher education after having been admitted, or will be graduated from a state institution of higher education. 20-3-616. An advance tuition payment contract shall be exempt from Chapter 5 of Title 10, the `Georgia Securities Act of 1973.' An advance tuition payment contract may not be sold or otherwise transferred by the purchaser or qualified beneficiary without the prior approval of the trust. Page 1466 20-3-617. On and after July 1, 1991, all costs of organization, administration, and operation of the trust shall be paid solely from application fee funds and investment income of the trust. Section 2 . This Act shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. STATE GOVERNMENTVENDORS; PUBLICATIONS. Code Section 50-5-60 Amended. Code Title 50, Chapter 18, Article 1 Repealed. No. 1353 (Senate Bill No. 613). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a preference for Georgia vendors over vendors from other states when such states give in-state vendors a preference over Georgia vendors; to repeal certain provisions relating to information required to be shown on certain publications printed by agencies or departments of the executive branch; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Code Section 50-5-60, relating to preference to supplies, equipment, materials, and printing produced in Georgia generally, and inserting in lieu thereof a new Code Section 50-5-60 to read as follows: Page 1467 50-5-60. (a) It shall be the duty of the Department of Administrative Services, in the purchase of and in contracting for any supplies, materials, equipment, and printing, to give preference as far as may be reasonable and practicable to such materials, supplies, equipment, and printing as may be manufactured or produced in this state. It is the intention of this subsection that the state use, insofar as is practicable, Georgia products and Georgia labor; provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided, further, that preference in all cases shall be given to surplus products or articles produced or manufactured by other state departments, institutions, or agencies, which are available for distribution. (b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia. Section 2 . Said title is further amended by striking in its entirety Article 1 of Chapter 18, relating to state printing and documents, which reads as follows: 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. Page 1468 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., and inserting in lieu thereof the following: ARTICLE 1 RESERVED. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1469 HEALTH PLANNING REVIEW BOARDMEMBERSHIP; HEARINGS. Code Section 31-6-44 Amended. No. 1354 (Senate Bill No. 628). AN ACT To amend Code Section 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, so as to increase the size of the Health Planning Review Board; to change certain time periods for hearings for applications for a project; 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 31-6-44 of the Official Code of Georgia Annotated, relating to the Health Planning Review Board and its administrative and judicial review procedures, is amended by striking subsections (a), (b), and (d) of said Code section in their entirety and inserting in lieu thereof new subsections (a), (b), and (d) to read as follows: (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of 20 members appointed by the Governor, two from each congressional district, and shall include three attorneys. The Governor shall appoint persons to the board who are familiar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, Page 1470 which provides for compensation and allowances of certain state officials, and shall also be compensated for services rendered to the review board outside of attendance at an appeal hearing. Such compensation to the members of the review board shall be made by the Department of Administrative Services. (b) Any applicant for a project, or any competing applicant, or any competing health care facility that has notified the planning agency prior to its decision that such facility is opposed to the application before the planning agency, or any county or municipal government in whose boundary the proposed project will be located, who is aggrieved by a decision of the planning agency shall have the right to an appeal hearing before a three-member panel of the review board or to intervene in such hearing. Such hearing shall be the administrative remedy for decisions of the planning agency. Such hearing shall be requested within 30 days of the date of the decision made pursuant to Code Section 31-6-43. Within 20 days of the filing of such request, the chairman of the review board shall name the panel for each such hearing, and the panel shall include one lawyer, who shall be the chairman of the panel, and two nonlawyer members of the review board. A member of the review board from the congressional district in which the proposed project is located shall be one of such three members of the panel, unless both such members have a conflict of interest, in which case any other member of the review board may serve. Within 40 days of the filing of the request for a hearing, the chairman of the panel shall set the date or dates for the hearing and shall provide the parties written notice mailed at least 14 days before the date of commencement of such hearing. The hearing shall be commenced within 120 days of the filing of the request for a hearing, unless the applicant consents or, in the case of competing applicants, all applicants consent to an extension of this time period to a specified date. The chairman of the panel shall make such rulings as may be required for the conduct of the hearing. (d) The issue for decision by the panel shall be whether, and the panel shall order the issuance of a certificate of need if, in the panel's judgment the application is consistent with the considerations as set forth in Code Section 31-6-42 and the planning agency's rules, as the panel deems such considerations Page 1471 and rules applicable to review of the project. The panel shall also consider whether the planning agency committed prejudicial procedural error in its consideration of the application. Within 30 days of the conclusion of the hearing, the panel shall make written findings of facts and conclusions of law as to each such consideration or rule, including a detailed statement of the reasons for the decision of the panel. Appellants or applicants shall proceed first with their cases before the panel in the order determined by the chairman of the panel, and the planning agency, if a party, shall proceed last. In the event of a consolidated hearing on applications which were joined pursuant to subsection (d) of Code Section 31-6-42, the review board shall have the same powers specified for the planning agency in subsection (d) of Code Section 31-6-42 to issue no certificate of need or one or more certificates of need. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACTEXPENDITURES. Code Title 44, Chapter 15 Amended. No. 1355 (Senate Bill No. 632). AN ACT To amend Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the Uniform Management of Institutional Funds Act, so as to define historic dollar value of an endowment fund of a charitable institution for the purpose of determining the total return of the endowment fund; to change provisions relating to definitions; to provide for the authorization for the expenditure, as prudent, of a portion of the net appreciation, realized and unrealized, in the fair market value of endowment fund assets over their historic dollar value; to change the Page 1472 provisions relating to restrictions against accumulation or addition to principal of income; to change the provisions relating to the standard of care for the governing board; to provide for the release of restrictions on use or investment; to redesignate certain provisions; to conform the provisions of said chapter to the Uniform Management of Institutional Funds Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 15 of Title 44 of the Official Code of Georgia Annotated, known as the Uniform Management of Institutional Funds Act, is amended by striking Code Section 44-15-2, relating to definitions, and inserting in lieu thereof a new Code Section 44-15-2 to read as follows: 44-15-2. As used in this chapter, the term: (1) `Endowment fund' means an institutional fund, or any part thereof, not wholly expendable by the institution on a current basis under the terms of the applicable gift instrument. (2) `Gift instrument' means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing document, including the terms of any institutional solicitation from which an institutional fund resulted, under which property is transferred to or held by an institution as an institutional fund. (3) `Governing board' means the body responsible for the management of an institution or of an institutional fund. (4) `Historic dollar value' means the aggregate fair value in dollars of an endowment at the time it became an endowment, each subsequent donation to the fund at the time it is made, and each accumulation made pursuant to a direction in the applicable gift instrument at the time the accumulation is added to the fund. The determination of historic dollar value made in good faith by the institution is conclusive. Page 1473 (5) `Institution' means an incorporated or unincorporated organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes or a governmental organization to the extent that it holds funds exclusively for any of these purposes. (6) `Institutional fund' means a fund held by an institution for its exclusive use, benefit, or purposes, but does not include: (A) A fund held for an institution by a trustee that is not an institution; or (B) A fund in which a beneficiary that is not an institution has an interest, other than possible rights that could arise under violation or failure of the purposes of the fund. Section 2 . Said chapter is further amended by striking Code Section 44-15-3, relating to accumulation and disposition of annual net income, and inserting in lieu thereof a new Code Section 44-15-3 to read as follows: 44-15-3. The governing board may accumulate so much of the annual net income of an institutional fund as is prudent under the standard established by Code Section 44-15-7 and may hold any or all of such accumulated income in an income reserve for subsequent expenditure for the uses and purposes for which such institutional fund is established or may add any or all of such accumulated income to the principal of such institutional fund, as is prudent under said standard. The governing board may appropriate for expenditure for the uses and purposes for which an endowment fund is established so much of the net appreciation, realized and unrealized, in the fair value of the assets of an endowment fund over the historic dollar value of the fund as is prudent under the standards established by Code Section 44-15-7. This Code section does not limit the authority of the governing board to accumulate income or to add the same to principal of an institutional fund or to expend funds as permitted under other law, the terms of the applicable gift instrument, or the charter of the institution. Page 1474 Section 3 . Said chapter is further amended by striking Code Section 44-15-4, relating to restrictions against accumulation or addition to principal of income, and inserting in lieu thereof a new Code Section 44-15-4 to read as follows: 44-15-4. Code Section 44-15-3 does not apply if and to the extent that the applicable gift instrument indicates the donor's intention that income of an institutional fund shall not be accumulated or shall not be added to the principal of the fund or that net appreciation shall not be expended. A restriction against accumulation or addition to principal or upon the expenditure of net appreciation may not be implied from a designation of a gift as an endowment fund or from a direction or authorization in the applicable gift instrument to apply to the uses and purposes of the fund the `income,' `interest,' `dividends,' `currently expendable income,' or `rent, issues, or profits' or a direction which contains other words of similar import. This rule of construction applies to gift instruments executed or in effect before or after March 28, 1984. Section 4 . Said chapter is further amended by striking Code Section 44-15-7, relating to the standard of care for a governing board, and inserting in lieu thereof a new Code Section 44-15-7 to read as follows: 44-15-7. In the administration of the powers to accumulate income, to appropriate appreciation, to make and retain investments, and to delegate investment management of institutional funds, members of a governing board shall exercise ordinary business care and prudence under the facts and circumstances prevailing at the time of the action or decision. In so doing they shall consider long-term and short-term needs of the institution in carrying out its educational, religious, charitable, or other eleemosynary purposes, its present and anticipated financial requirements, expected total return on its investments, price-level trends, and general economic conditions. Section 5 . Said chapter is further amended by striking Code Section 44-15-8, relating to the construction of the chapter, and inserting in lieu thereof two new Code sections, to be designated as Code Section 44-15-8 and Code Section 44-15-9, to read as follows: Page 1475 44-15-8. (a) With the written consent of the donor, the governing board may release, in whole or in part, a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. (b) If written consent of the donor cannot be obtained by reason of his or her death, disability, unavailability, or impossibility of identification, the governing board may apply in the name of the institution to the superior court of the county in which the institution's principal office is located for release of a restriction imposed by the applicable gift instrument on the use or investment of an institutional fund. The Attorney General shall be notified of the application and shall be given an opportunity to be heard. If the court funds that the restriction is obsolete, inappropriate, or impracticable, it may by order release the restriction in whole or in part. A release under this subsection may not change an endowment fund to a fund that is not an endowment fund. (c) A release under this Code section may not allow a fund to be used for purposes other than the educational, religious, charitable, or other eleemosynary purposes of the institution affected. (d) This Code section does not limit the application of the doctrine of cy pres. 44-15-9. This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact the `Uniform Management of Institutional Funds Act.' Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1476 DISABLED VETERANSLICENSE PLATES. Code Section 40-2-70 Amended. No. 1356 (Senate Bill No. 637). AN ACT To amend Code Section 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, so as to provide that the commissioner of revenue is authorized and directed to design the license plate of disabled veterans; 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 40-2-70 of the Official Code of Georgia Annotated, relating to the design of disabled veteran's license plates, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-68 and 40-2-69. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words `Handicapped Veteran' or `Handicapped Vet.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1477 INSURANCEFRAUDULENT ACTS; RATES FOR STUDENTS AND GOOD DRIVERS. Code Section 33-1-16, 33-34-16.1, 33-34-16.2 and 33-34-16.3 Enacted. No. 1357 (Senate Bill No. 662). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain fraudulent insurance acts; to authorize the Commissioner of Insurance to investigate reports of fraudulent insurance acts; to authorize the Commissioner of Insurance to collect evidence, request the attendance of witnesses, and administer oaths in connection with an investigation; to provide immunity from civil liability to persons supplying information and to the Commissioner of Insurance and his employees or agents; to provide for the confidentiality of information gathered pursuant to an investigation; to authorize reports of fraudulent activity to the Commissioner; to provide for the reporting of alleged violations of law to prosecuting attorneys; to provide for law enforcement powers of certain personnel; to require certain premium reductions on motor vehicle insurance for certain persons under 25 years of age who are full-time students and are honor students; to provide for certain proof and forms; to provide for changes in rating plans; to provide exceptions; to provide for lower insurance rates for certain good drivers; to provide for a definition; to provide for intent; 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, is amended by adding at the end of Chapter 1, relating to general provisions with respect to insurance, a new Code Section 33-1-16 to read as follows: 33-1-16. (a) For the purposes of this Code section, a person commits a `fraudulent insurance act' if the knowingly and with intent to defraud presents, causes to be presented, or Page 1478 prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, broker, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of, an insurance policy for automobile insurance, or a claim for payment or other benefit pursuant to an insurance policy for automobile insurance, which he knows to contain materially false information concerning any fact material thereto or if he conceals, for the purpose of misleading another, information concerning any fact material thereto. (b) If, by his own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in, or is engaging in, a fraudulent insurance act, the Commissioner may administer oaths and affirmations, request the attendance of witnesses or proffering of matter, and collect evidence. The Commissioner shall not compel the attendance of any person or matter in any such investigation except pursuant to subsection (d) of this Code section. (c) If matter that the Commissioner seeks to obtain by request is located outside the state, the person so requested may make it available to the Commissioner or his representative to examine the matter at the place where it is located. The Commissioner may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states. (d) (1) The Commissioner may request that an individual who refuses to comply with any such request be ordered by the superior court to provide the testimony or matter. The court shall not order such compliance unless the Commissioner has demonstrated to the satisfaction of the court that the testimony of the witness or the matter under request has a direct bearing on the commission of a fraudulent insurance act or is pertinent or necessary to further such investigation. (2) Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter after asserting a privilege against self-incrimination, to which he is entitled by law, may not be subjected to Page 1479 a criminal proceeding or to a civil penalty with respect to the act concerning which he is required to testify or produce relevant matter. (3) In the absence of fraud or bad faith, a person is not subject to civil liability for libel, slander, or any other relevant tort by virtue of filing reports, without malice, or furnishing other information, without malice, required by this Code section or required by the Commissioner under the authority granted in this Code section, and no civil cause of action of any nature shall arise against such person: (A) For any information relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials, their agents, or employees; (B) For any such information relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of this title; or (C) For any such information furnished in reports to the Commissioner or the National Association of Insurance Commissioners. (4) The Commissioner or any employee or agent, is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties of the Commissioner under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties of the Commissioner under this Code section. (5) This Code section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person. (e) The papers, documents, reports, or evidence relative to the subject of an investigation under this Code section shall not be subject to public inspection for so long as the Commissioner deems reasonably necessary to complete the investigation, Page 1480 to protect the person investigated from unwarranted injury, or to be in the public interest. Further, such papers, documents, reports, or evidence relative to the subject of an investigation under this Code section shall not be subject to subpoena until opened for public inspection by the Commissioner, unless the Commissioner consents, or until, after notice to the Commissioner and a hearing, a superior court determines the Commissioner would not be unnecessarily hindered by such subpoena. The Commissioner or his employees or agents shall not be subject to subpoena in civil actions by any court of this state to testify concerning any matter of which they have knowledge pursuant to pending investigations of fraudulent insurance acts. (f) Any person, other than an insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed may send to the Commissioner a report of information pertinent to such knowledge of or belief and such additional information relative thereto as the Commissioner may request. Any insurer, agent, or other person licensed under this title, or an employee thereof, having knowledge of or who believes that a fraudulent insurance act is being or has been committed shall send to the Commissioner a report or information pertinent to such knowledge or belief and such additional information relative thereto as the Commissioner or his employees or agents may require. The Commissioner or his employees or agents shall review such information or reports as, in the judgment of the Commissioner or such employees or agents, may require further investigation. The Commissioner shall then cause an investigation of the facts surrounding such information or report to be made to determine the extent, if any, to which a fraudulent insurance act is being committed and shall report any alleged violations of law which the investigations disclose to the appropriate prosecuting attorney having jurisdiction with respect to any such violation. If prosecution by the prosecuting attorney is not begun within 90 days of the report, the prosecuting attorney shall inform the Commissioner of the reasons for the lack of prosecution. (g) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The Page 1481 general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest warrants and search warrants for the same criminal violations; to serve subpoenas issued for the examination, investigation, and trial of all offenses determined by their investigations; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest authorized by this Code section or in any manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Commissioner under this Code section in the duties imposed upon them by law. Section 2 . Said Title 33 is further amended by adding immediately following Code Section 33-34-16, relating to reductions in premiums for motor vehicle insurance policies and defensive driving courses, three new Code sections to read as follows: 33-34-16.1. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after July 1, 1990, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, bodily injury, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver: (1) Is unmarried; (2) Is enrolled as a full-time student in: (A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; and (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: Page 1482 (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a `B' average or better; (C) Has a 3.0 average or better; or (D) Is on the `Dean's List' or `Honor Roll.' (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or (3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section Page 1483 40-5-55 and that suspension has not been reversed, if appealed from. 33-34-16.2. (a) As used in this Code section, the term `good driver' means a person who holds a valid driver's license and who, within the three years immediately preceding the date of an application for private passenger motor vehicle insurance or any renewal of such insurance, has committed no traffic offenses or other criminal acts involving the use of a motor vehicle, has successfully completed a defensive driving course as provided in Code Section 33-34-16, and has had no claims based on fault against an insurer. (b) Each insurer which provides coverages under this chapter shall maintain as a part of its rating plan under Chapter 9 of this title a separate tier of such plan for coverages provided to insureds who are good drivers. Such rating plan tier shall contain a minimum of 10 percent lower rates when compared with the remainder of the plan. 33-34-16.3. It is specifically intended that the discounts provided for in Code Sections 33-34-16.1 and 33-34-16.2 shall be provided by the insurer to any person who qualifies for such discounts. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1484 PROFESSIONAL COUNSELORSLICENSURE. Code Title 43, Chapter 10A Amended. No. 1358 (Senate Bill No. 668). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, so as to change the provisions relating to definitions; to change the provisions relating to reciprocity; to change the provisions relating to requirements for licensure in professional counseling and social work; to change certain provisions relating to the practice of social work; to change the provisions restricting the use of certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, is amended by striking paragraph (5) of Code Section 43-10A-3, relating to definitions, and inserting in its place a new paragraph to read as follows: (5) `Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioner's work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working. Section 2 . Said chapter is further amended by striking Code Section 43-10A-10, relating to reciprocity, and inserting in its place a new Code section to read as follows: 43-10A-10. The board may issue a license without examination to any applicant licensed in a specialty under the Page 1485 laws of another jurisdiction having requirements for licensure in that specialty which are substantially equal to the licensure requirements for that specialty in this state. Section 3 . Said chapter is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 43-10A-11, relating to requirements for licensure in professional counseling, and inserting in their place the following paragraphs: (2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of postmaster's directed experience with at least one of those two years under supervision in a setting acceptable to the board; or (3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience with at least one of those four years under supervision in a setting acceptable to the board. Up to one year of such directed experience may have been in an approved practicum placement as part of the degree program. Section 4 . Said chapter is further amended by striking subparagraph (a)(2)(B) of Code Section 43-10A-12, relating to requirement for licensure in social work, and inserting in its place a new subparagraph to read as follows: (B) As defined by the board, four years' full-time supervised experience under direction in the practice of social work following granting of the master's degree, except that one year of such experience may have been in an approved practicum placement as part of a degree program. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker, or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application. Page 1486 Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 43-10A-12, relating to requirements for licensure in social work, and inserting in its place a new subsection to read as follows: (b) Licensed master's social workers may render or offer to render to individuals, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling techniques, and supportive services such as administration, direction, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and may only be in a work setting acceptable to the board. Thereafter, they may engage in private practice, except that those social workers whose practice includes counseling or psychotherapeutic techniques may only engage in such practice under the supervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. Section 6 . Said chapter is further amended by striking subsection (a) of Code Section 43-10A-21, relating to restrictions on the use of certain terms, and inserting in its place a new subsection to read as follows: (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term `professional counseling,' `social work,' or `marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (2), (3), (7), (9), or (11) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter. Page 1487 Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. TEACHING CERTIFICATESAPPLICANTS WHO HAVE NOT COMPLETED A TEACHER PREPARATION PROGRAM. Code Section 20-2-200 Amended. No. 1359 (Senate Bill No. 671). AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certifying and classifying of professionals employed in public schools, so as to change the conditions under which the State Board of Education may grant teaching certificates to certain persons; 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 certifying and classifying of professionals employed in public schools, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) The State Board of Education shall have the authority to grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher Page 1488 preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification; (3) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and (4) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. Section 2 . Said Code section is further amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) The State Board of Education shall have the authority to grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; provided, however, that such applicant meets the following conditions: (1) Is the holder of a master's degree in education in a teaching field from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section; (2) Has satisfactorily completed a one-year supervised classroom internship involving the appropriate teaching field; and Page 1489 (3) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. STATE PROPERTIES COMMISSIONAUTHORITY TO GRANT LICENSES. Code Section 50-16-42 Amended. No. 1360 (Senate Bill No. 680). 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 change and then restate the purpose and certain of the statutory terms and conditions upon which the State Properties Commission is exclusively empowered to grant a revocable license; 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 striking in its entirety Code Section 50-16-42, relating to granting of revocable licenses by the State Properties Commission, and inserting in lieu thereof a new Code Section 50-16-42 to read as follows: 50-16-42. (a) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission Page 1490 shall have the exclusive power to negotiate, prepare, and grant in its own name, without public competitive bidding, a revocable license to any person to enter upon, extend from, cross through, over, or under, or otherwise to encroach upon any of the property under the custody and control of the commission or under the custody and control of any state agency which is subject to the requirements of Code Section 50-16-38. (b) Any grant of revocable license by the commission to any person shall be in writing and shall contain such terms and conditions as the commission shall determine to be in the best interest of the state, provided that: (1) Each grant of revocable license, if not revoked prior to, shall stand revoked, canceled, and terminated as of the third anniversary of the date of the revocable license agreement; (2) Each grant of revocable license shall provide that, regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the licensee, the same shall not confer upon the licensee any right, title, interest, or estate in the licensed premises nor confer upon the licensee a license coupled with an interest or an easement, such grant of a revocable license conferring upon the licensee and only the licensee a mere personal privilege revocable by the commission, with or without cause, at any time during the life of the revocable license; (3) Each grant of revocable license shall be made for an adequate monetary consideration of not less than $650.00, the adequacy of which shall be determined by the commission in considering the factors involved in each grant, particularly for whose principal benefit the revocable license is being granted; however, if the commission determines that the revocable license directly benefits the state, then any monetary consideration set by the commission shall be deemed adequate; and (4) Any grant of revocable license shall be subject to approval by any appropriate state regulatory agency that Page 1491 the proposed use of the licensed property meets all applicable safety and regulatory standards and requirements. (c) This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of telegraph or telephone lines. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. LAND SURVEYING FIRMS, CORPORATIONS, AND OTHER ENTITIESREGISTRATION; SEALS. Code Sections 43-15-3 and 43-15-23 Amended. Code Section 43-15-23.1 Enacted. No. 1361 (Senate Bill No. 681). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the composition of the board; to provide for the registration of land surveying firms, corporations, and other entities; to change the provisions under which registrants may use a seal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land Page 1492 surveyors, is amended by striking Code Section 43-15-3, relating to the creation of the board, in its entirety and inserting in lieu thereof a new Code Section 43-15-3 to read as follows: (a) A State Board of Registration for Professional Engineers and Land Surveyors is created whose duty it shall be to administer this chapter. (b) The board shall consist of six professional engineers, two land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state. (c) Each member shall hold office until his successor has been duly appointed and qualified. All successors shall be appointed in the same manner as the original appointment. (d) A vacancy on the membership of the board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term. (e) Professional engineers appointed to the board shall have been engaged in the practice of engineering in their respective disciplines for at least 12 years and shall have been in responsible charge of important engineering work in their respective disciplines for at least five years. Land surveyors appointed to the board shall have been engaged in the practice of land surveying for at least 12 years and shall have been in responsible charge of important land surveying work for at least five years. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important engineering or land surveying work respectively. (f) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. Page 1493 (g) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient and just cause. Section 2 . Said chapter is further amended by striking paragraph (4) of subsection (c) of Code Section 43-15-23, relating to corporate practice, in its entirety and inserting in lieu thereof a new paragraph (4) of subsection (c) to read as follows: (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. Section 3 . Said chapter is further amended by adding a new Code Section 43-15-23.1, relating to the registration of land surveying firms, corporations, or other entities, to read as follows: 43-15-23.1. (a) The practice of or offer to practice land surveying, as defined in this chapter, by individual land surveyors registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public through individual registered land surveyors as agents, employees, officers, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, professional corporation, partnership, association, or entity who act in its behalf as land surveyors in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of Page 1494 authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed by the board. (c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying within this state who shall be in responsible charge of the practice of land surveying in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said partnership. (3) Any firm, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals of the firm, association, or entity duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said firm, association, or other entity. (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, Page 1495 corporation, professional corporation, partnership, association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, agents, or employees of the entity to be licensed are not persons of good character. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. TAX COLLECTORSDUTY TO INSTRUCT THAT CHECKS BE MADE PAYABLE TO COUNTY TAX OFFICE. Code Section 48-5-165 Amended. No. 1362 (Senate Bill No. 683). AN ACT To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to remove the provision that makes this Code section inapplicable to any county having a population of 550,000 or more; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by striking Code Section 48-5-165, relating to the duty of the tax collector to instruct taxpayers that checks are to be made Page 1496 payable to a county tax office, in its entirety and inserting in lieu thereof a new Code Section 48-5-165 to read as follows: 48-5-165. It shall be the duty of each tax collector, whether acting on behalf of the county, municipality, board of education, or as an agent of the state, to instruct the taxpayers that any check, money order, or other similar bankable paper for the payment of taxes shall be made payable to the county tax office to which the taxes are due, rather than to the tax collector. The tax collector shall not be required, however, to return to the taxpayer a check or money order for the payment of taxes that is not made payable to the taxing entity in strict conformity with the instructions. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. COMMISSIONER OF INSURANCESUPPLEMENTAL REPORT ON PROPERTY AND CASUALTY INSURANCE. Code Section 33-2-8.1 Amended. No. 1363 (Senate Bill No. 709). 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 that the supplemental report on property and casualty insurance of the Commissioner shall include information regarding actions taken by the department on personal lines property and casualty insurance rate filings; to repeal conflicting laws; and for other purposes. Page 1497 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 striking Code Section 33-2-8.1, relating to the preparation of a supplemental report on property and casualty insurance by the Commissioner, and inserting in its place a new 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 troubled 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 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 Page 1498 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; (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; Page 1499 (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. The Commissioner shall also include in his report a summary of actions taken by the department on personal lines property and casualty insurance rate filings that result in the filing of lower rates by insurance companies and estimates of the amount of money saved by consumers as a result of such actions. (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 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. Page 1500 FIRE PROTECTION AND SAFETYSMOKE DETECTORS. Code Section 25-2-13 Amended. No. 1364 (Senate Bill No. 711). AN ACT To amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to buildings presenting special hazards to persons and property and requirements as to construction and maintenance generally, so as to provide for smoke detectors in certain locations; to provide certain requirements for corridor smoke detector systems and single station smoke detectors; 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 and property and requirements as to construction and maintenance generally, is amended by striking subsection (d) in its entirety and inserting in its place a new subsection (d) to read as follows: (d) The Commissioner is directed to investigate and examine construction and engineering techniques; properties of construction materials, fixtures, facilities, and appliances used in, upon, or in connection with buildings and structures; and fire prevention and protective techniques, including, but not limited to, the codes and standards adopted, recommended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building Code). Based upon such investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded property and persons with respect to: exits; fire walls and internal partitions adequate to resist fire Page 1501 and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not limited to, fire escapes, fire prevention equipment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection systems, exit lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities; provided, however, that any building described in subparagraph (b)(1)(C) of this Code section shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the manufacturer's instructions, such detectors in these buildings shall be located in all interior corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no interior halls or corridors, the detectors shall be installed in each sleeping room. Required corridor smoke detector systems shall be electrically interconnected to the fire alarm, if a fire alarm is required. If a fire alarm is not required, the detectors at a minimum shall be approved single station detectors powered from the building electrical service. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. WORKERS' COMPENSATIONMINORS; EMERGENCY MANAGEMENT, RESCUE, OR MEDICAL SERVICE PERSONNEL. Code Section 34-9-1 and 39-2-11.1 Amended. No. 1365 (Senate Bill No. 728). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide Page 1502 that volunteers of an emergency management or civil defense organization, emergency medical service, or rescue organization and persons certified as medical first responders may be covered employees under certain conditions; to provide for construction; to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors in the care and maintenance of lawns, gardens, and shrubbery if such minor is covered either by an accident and sickness insurance plan or a workers' compensation insurance plan and if certain other conditions are met; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to the definition of an employee, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen, policemen, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing Page 1503 authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state but only for volunteer services, which are not prohibited by Code Section 38-3-36, rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder, but only for first responder services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing Page 1504 provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 2 . Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by striking Code Section 39-2-11.1, relating to the employment of certain minors during school vacation months for care of lawns, gardens, and shrubbery, in its entirety and inserting in its place a new Code Section 39-2-11.1 to read as follows: 39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regulation of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided the minor is covered by an accident and sickness insurance plan or a workers' compensation insurance policy or plan provided by the employer, the minor presents the employer with the certificate required by Code Section 39-2-11, and the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor. Section 3 . Nothing in Section 1 of this Act shall be construed so as to repeal or modify any provision of Articles 1, 2, and 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, the Georgia Emergency Management Act of 1981, as amended. Page 1505 Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. RECORDATION OF MAPS AND PLATS. Code Section 15-6-67 Amended. No. 1366 (Senate Bill No. 735). AN ACT To amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, so as to provide regulations and requirements governing subdivision plats and the transfer, sale, and offering for sale of land; to provide for filing and recording; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to recordation of maps and plats, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no plat of subdivision of land within the municipality or the county shall be filed or recorded in the office of the clerk of the superior court of a county without the approval thereon of the municipal or county planning commission or governing authority and without such Page 1506 approval having been entered in writing on the plat by the secretary of the municipal or county planning commission or governing authority. The clerk of the superior court shall not file or record a plat of subdivision which does not have the approval of the municipal or county planning commission or governing authority as required by this subsection. Notwithstanding any other provision of this Act to the contrary, no approval shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any plat of survey containing thereon a certification from the licensed surveyor that the provisions relative to this Act do not require approval shall entitle said plat to record. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. DISPOSITION OF UNCLAIMED PROPERTY ACTREVISION. Code Title 44, Chapter 12, Article 5 Amended. No. 1367 (Senate Bill No. 746). AN ACT To amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to revise comprehensively the provisions relative to the disposition of unclaimed property; to provide a short title; to define certain terms; to provide conditions under which various types of property, both tangible and intangible, which have remained unclaimed by the owner for certain periods of time shall be presumed abandoned; to provide that abandoned property shall be subject to the custody of this state under certain conditions; to provide for the authority and duties of the commissioner of revenue with respect to abandoned Page 1507 property; to provide for certain notices on contracts for the rental of safe-deposit boxes; to authorize the commissioner of revenue to enter into agreements with other states to exchange information relative to unclaimed property; to authorize the Attorney General to bring actions in court to enforce the unclaimed property law of other states against a holder of property in this state; to provide for reports and the remission of property to the commissioner of revenue; to require certain actions by the holders of property presumed abandoned; to provide for notices; to provide for the duties and responsibilities of the commissioner and the Attorney General in the event legal proceedings are instituted relative to property in the custody of the state; to provide for the public sale or other disposition of certain abandoned property; to provide for the disposition of funds received as proceeds of sales; to provide for the filing of claims; to provide for judicial review; to provide for fees charged by persons assisting in the recovery of unclaimed property; to provide for the confidentiality of certain records; to provide for penalties for violations; to provide for reports and the maintenance of court actions; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by striking in its entirety Article 5, relating to the disposition of unclaimed property, and inserting in its place a new Article 5 to read as follows: ARTICLE 5 44-12-190. This article shall be known and may be cited as the `Disposition of Unclaimed Property Act.' 44-12-191. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. 44-12-192. As used in this article, the term: Page 1508 (1) `Apparent owner' means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. (2) `Banking organization' means a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or any other organization defined by federal law or the law of another state as a bank or banking organization. (3) `Business association' means any corporation, other than a public corporation, a joint-stock company, an investment company, a business trust, or a partnership or association for business purposes of two or more individuals whether or not for profit, including a banking organization, financial organization, insurance company, or utility. (4) `Commissioner' means the commissioner of revenue. (5) `Domicile' means the state of incorporation, in the case of a corporation incorporated under the laws of a state, and the state of the principal place of business, in the case of a person not incorporated under the laws of a state. (6) `Due diligence' means, but shall not be limited to, the mailing of a letter by first-class mail to the last known address of the owner as indicated on the records of the holder. (7) `Financial organization' means any savings and loan association, cooperative bank, building and loan association, or credit union. (8) `Holder' means a person, wherever organized or domiciled, who is: (A) In possession of property belonging to another; (B) A trustee in case of a trust; or (C) Indebted to another on an obligation. Page 1509 (9) `Insurance company' means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage of any type. (10) `Intangible property' means and includes: (A) Moneys, checks, drafts, deposits, interest, dividends, and income; (B) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, and unidentified remittances; (C) Stocks and other intangible ownership interests in business associations; (D) Moneys deposited to redeem stocks, bonds, coupons, and other securities or to make distributions; (E) Amounts due and payable under the terms of insurance policies; and (F) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits. (11) `Last known address' means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail. (12) `Owner' means a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to this article or his legal representative. (13) `Payable' means the earliest date upon which the owner of property could become entitled to the payments, possession, delivery, or distribution of such property from a holder. Page 1510 (14) `Person' means an individual, business association, government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity. (15) `State' means any state, district, commonwealth, territory, insular possession, or any other area subject to the authority of the United States. (16) `Utility' means a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas. 44-12-193. All tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than seven years after it become payable or distributable is presumed abandoned, except as otherwise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment. 44-12-194. Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section 44-12-193 are satisfied and: (1) The last known address, as shown on the records of the holder, of the apparent owner is in this state; (2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state; (3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that: Page 1511 (A) The last known address of the person entitled to the property is in this state; or (B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property; (4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state; (5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or (6) The transaction out of which the property arose occurred in this state and: (A) The last known address of the apparent owner or other person entitled to the property is unknown; or (B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and (C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. 44-12-195. (a) Except as otherwise provided in this Code section, any sum payable on a traveler's check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated in writing with the issuer concerning it or Page 1512 otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer. (b) Except as otherwise provided in this Code section, any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven years after its issuance is presumed abandoned unless the owner, within seven years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer. (c) Any sum payable on a traveler's check, money order, or similar written instrument, other than a third-party bank check, described in this Code section may not be subjected to the custody of this state as unclaimed property unless: (1) The records of the issuer show that the traveler's check, money order, or similar written instrument was purchased in this state; (2) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler's check, money order, or similar written instrument was purchased; or (3) The issuer has its principal place of business in this state, the records of the issuer show the state in which the traveler's check, money order, or similar written instrument was purchased, and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. (d) Notwithstanding any other provision of this article, the provisions of subsection (c) of this Code section relating to the requirements for subjecting certain written instruments to the custody of the state shall apply to sums payable on traveler's checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1973. 44-12-196. Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other Page 1513 similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than seven years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within seven years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. 44-12-197. (a) Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate, or any other interest in a banking or financial organization is presumed abandoned unless the owner, within seven years has: (1) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest or negotiated a check in payment of interest on a time deposit; (2) Communicated in writing with the banking or financial organization concerning the property; (3) Otherwise indicated and interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; for purposes of this paragraph, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in this subsection and a record of its not being returned by the United States Postal Service or its successor shall be an indication of interest; (4) Owned other property to which paragraph (1), (2), or (3) of this subsection is applicable if the banking or financial organization communicated in writing with the owner with regard to the property that would otherwise be presumed abandoned under this paragraph at the address to which communications regarding the other property regularly are sent; Page 1514 (5) Had another relationship with the banking or financial organization concerning which the owner has communicated in writing with the banking or financial organization or has otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization if the banking or financial organization communicates in writing with the owner with regard to property that would otherwise be abandoned under this paragraph at the address to which communications regarding the other relationship regularly are sent; or (6) A deposit made with a banking or financial organization by a court or by a guardian pursuant to order of a court or by any other person for the benefit of a person who was a minor at the time of the making of such deposit, which deposit is subject to withdrawal only upon the further order of such court or such guardian or other person, shall not be subject to the provisions of this article until one year after such minor attains the age of 18 years or until one year after the death of such minor, whichever occurs sooner. These accounts are not subject to dormant service charges. (b) For purposes of this Code section, `property' includes any interest or dividends thereon. No banking or financial organization shall deduct a service charge from any account on which there has been no deposit or withdrawal for 12 or more months or otherwise impose a service charge on any such account. A service charge may be imposed for 12 months immediately following a deposit to or withdrawal from any such account. (c) No banking or financial organization may cease to accrue interest on any account from the date the account is declared dormant or inactive by such organization except in conformity with cessation of interest generally assessed upon active accounts. With respect to any property described in this subsection, a holder may not impose any charges due to dormancy or inactivity which differ from those imposed on active accounts or cease to pay interest unless: (1) For property in excess of $50.00, the holder, no more than three months before the initial imposition of those charges or cessation of interest, has given written Page 1515 notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed or that interest will cease, but the notice provided in this paragraph need not be given with respect to charges imposed or interest ceased before July 1, 1990; and (2) The holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to such property. (d) Any automatically renewable property to which this Code section applies is matured upon the expiration of its initial time period. However, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicates consent as specified in subsection (a) of this Code section, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in subsection (e) of Code Section 44-12-214, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result. 44-12-198. (a) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed abandoned if unclaimed for more than seven years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, except that property described in paragraph (2) of subsection (c) of this Code section is presumed abandoned if unclaimed for more than two years. (b) If a person other than the insured or annuitant is entitled to the funds and no address of the person is known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the company. (c) For purposes of this Code section, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the Page 1516 records of the company is deemed matured and the proceeds due and payable if: (1) The company knows that the insured or annuitant has died; or (2) If all of the following conditions are met: (A) The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based; (B) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subparagraph (A) of this paragraph; and (C) Neither the insured nor any other person appearing to have an interest in the policy within the preceding two years, according to the records of the company concerning the policy or otherwise, indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company. (d) For purposes of this Code section, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under subsection (a) of this Code section if the insured has died or the insured or the beneficiaries of the policy otherwise have become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of that provision. (e) Notwithstanding any other provisions of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to locate the beneficiary and pay the proceeds to the beneficiary. (f) On and after January 1, 1991, every change of beneficiary from issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state must request the following information: Page 1517 (1) The name of each beneficiary or, if a class of beneficiaries is named, the name of each current beneficiary in the class; (2) The address of each beneficiary; and (3) The relationship of each beneficiary to the insured. 44-12-199. The following funds held or owing by any utility are presumed abandoned: (1) Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the termination on the services for which the deposit or advance payment was made; and (2) Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than seven years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds. 44-12-200. Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than seven years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned. 44-12-201. (a) Pursuant to Code Section 44-12-193, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to its shareholder, certificate holder, member, bondholder, or other Page 1518 security holder, or a participating patron of a cooperative, who has not claimed it, corresponded in writing concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association within seven years after the date prescribed for payment or delivery is presumed abandoned. (b) Pursuant to Code Section 44-12-193, any intangible interest in a business association, as evidenced by the stock records or membership records of the association is presumed abandoned if the interest in the association is owned by a person who for more than seven years has neither claimed a dividend or other sum referred to in subsection (a) of this Code section nor corresponded in writing with the association and the association does not know the location of the owner at the end of such seven-year period. With respect to such interest, the business association shall be deemed the holder. (c) Pursuant to Code Section 44-12-193, any dividends or other distributions held for or owing to a person at the time the stock or other security to which they attach are presumed abandoned also shall be presumed abandoned as of the same time. (d) For the purposes of subsections (a) and (b) of this Code section, a record of the sending of a federal Internal Revenue Service Form 1099, or its equivalent, to the persons enumerated in those subsections and a record of its not being returned by the United States Postal Service, or its successor, shall be an indication of interest. 44-12-202. All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a person that remains unclaimed by the person entitled thereto, within seven years after the date of final distribution or liquidation, shall be presumed abandoned. 44-12-203. (a) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within seven years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary. Page 1519 (b) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection (a) of this Code section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory. (c) For the purpose of this Code section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for a business association alone, unless the agreement between him and the business association provides otherwise. (d) For the purposes of this article, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned. 44-12-204. All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than seven years after becoming payable or distributable is presumed abandoned. 44-12-205. (a) A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than seven years after becoming payable or distributable is presumed abandoned. (b) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo. 44-12-206. Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than seven years after becoming payable are presumed abandoned. Page 1520 44-12-207. (a) All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within seven years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established. (b) An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to this state under the provisions of this article if, at the time such distribution shall become payable to a participant in an employee benefit plan, such plan contains a provision for forfeiture, if the trustees of an employee benefit plan supported wholly or partially from public funds adopt a provision for forfeiture, or if such plan expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan, and the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision. 44-12-208. (a) Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insurance policy or contract shall be presumed abandoned if they have not been claimed or paid within seven years after becoming due or payable. Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required. (b) If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of the person is known to the insurer or surety or if it is not definite and certain from the records of the insurer or surety what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the insurer or surety. Page 1521 (c) Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within seven years from the date payable, or from the date of issuance, if payable on demand, the owner has not: (1) Negotiated the instrument; (2) Corresponded in writing with the insurer concerning it; or (3) Otherwise indicated an interest by a writing on file with the insurer. 44-12-209. (a) If the rental due on a safe-deposit box has not been paid for one year, the lessor shall send a notice by registered mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the holder shall provide written notification to the commissioner of the drilling date not less than 30 days prior to this time. The commissioner may designate a representative to be present during the opening of the safe-deposit box. The safe-deposit box shall be opened in the presence of an officer of the lessor. The contents shall be sealed in a package by the officer who shall write on the outside the name of the lessee and the date of the opening. The officer shall execute a certificate reciting the name of the lessee, the date of the opening of the safe-deposit box, and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the safe-deposit box. (b) If the contents of the safe-deposit box have not been claimed within two years of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the safe-deposit box will be delivered to the commissioner as abandoned property under the provisions of Code Section 44-12-214. Page 1522 (c) The lessor shall submit to the commissioner a verified inventory of all of the contents of the safe-deposit box upon delivery of the contents of the safe-deposit box or such part thereof as shall be required by the commissioner under Code Section 44-12-214, but the lessor shall not deduct from any cash of the lessee in the safe-deposit box an amount equal to accumulated charges for rental but shall submit to the commissioner a verified statement of such charges and deductions. If there is no cash, or insufficient cash to pay accumulated charges, in the safe-deposit box, the commissioner shall remit to the lessor the charges or balance due, up to the value of the property in the safe-deposit box delivered to him, less any costs or expenses of sale; but, if the charges or balance due exceeds the value of such property, the commissioner shall remit only the value of the property, less costs or expenses of sale. Any accumulated charges for safe-deposit box rental paid by the commissioner to the lessor shall be deducted from the value of the property of the lessee delivered to the commissioner. (d) On and after January 1, 1991, a copy of this Code section shall be printed on every contract for rental of a safedeposit box. 44-12-210. The abandonment period of any property described in Code Section 44-12-197 that is automatically renewable shall commence upon the expiration of its initial time period except that, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the person holding the property or otherwise indicating such consent as evidenced by a memorandum on file prepared by an employee, the abandonment period shall commence upon the expiration of the last time period for which consent was given. 44-12-211. (a) Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within seven years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property. (b) When a person owning property is not known for seven successive years to be living and neither the person named, his heirs, or distributees can be located or proved for seven successive years to have been living, he shall be presumed Page 1523 to have died without heirs or distributees and his property shall be presumed abandoned. 44-12-212. If specific property which is subject to the provisions of Code Section 44-12-193 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this article if: (1) It may be claimed as abandoned or escheated under the laws of such other state; and (2) The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this state by a holder who is subject to the jurisdiction of this state. 44-12-213. (a) The commissioner may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that is subject to a claim of custody. The commissioner by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this Code section and may prescribe the form. (b) To avoid conflicts between the commissioner's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the commissioner, so far as is consistent with the purposes, policies, and provisions of this article, before adopting, amending, or repealing rules, shall advise and consult with administrators in other jurisdictions that enact the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act. (c) The commissioner may join with other states to seek enforcement of this article against any person who is or may be holding property reportable under this article. (d) At the request of another state, the Attorney General of this state may bring an action in the name of the administrator Page 1524 of the other state in any court of competent jurisdiction in this state to enforce the unclaimed property laws of the other state against the holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing that action. (e) The commissioner may request that the attorney general of another state or any other person bring an action in the name of the commissioner in the other state. This state shall pay all expenses including attorney's fees in any action under this subsection. The commissioner may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this article. 44-12-214. (a) Every person holding funds or other property, tangible or intangible, presumed abandoned under this article shall report and remit to the commissioner with respect to the property as provided in this Code section. (b) The report shall be verified and shall include: (1) The name and social security or federal identification number, if known, and last known address, including ZIP Code, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $50.00 or more presumed abandoned under this article; (2) In case of unclaimed funds of insurance corporations, the full name of the insured or annuitant and any beneficiary, if known, and the last known address according to the insurance corporation's records; (3) In the case of the contents of a safe-deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and may be inspected by the commissioner, and any amounts owing to the holder; (4) The nature and identifying number, if any, or description of the property and the amount appearing from Page 1525 the records to be due, except that items of value under $50.00 each may be reported in aggregate; (5) The date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property; and (6) Other information which the commissioner prescribes by rule as necessary for the administration of this article. (c) If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner or if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property. (d) The report and remittance shall be filed before November 1 of each year as of June 30 next preceding, but the report and remittance of insurance corporations shall be filed before May 1 of each year as of December 31 next preceding. When property is evidenced by certificate of ownership as set forth in Code Section 44-12-201, the holder shall deliver to the commissioner a duplicate of any such certificate registered in the name of the commissione at the time of report and remittance. The commissioner may postpone the reporting and remittance date upon written request by any person required to file a report. (e) If the holder of property presumed abandoned under this article knows the whereabouts of the owner, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. All holders shall exercise due diligence, as defined in Code Section 44-12-192, at least 60 days but no more than 120 days prior to the submission of the report to ascertain the whereabouts of the owner if the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate and the property has a value of $50.00 or more. (f) Verification, if made by a partnership, shall be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer. Page 1526 (g) The initial report and remittance filed under this Code section shall include all items of property that would have been presumed abandoned if this article had been in effect during the 15 year period preceding January 1, 1973. (h) Nothing in this Code section shall be construed to require a utility to include in its initial report any item of money or property as to which the name of the owner and his last known address do not appear in the records maintained by the utility in accordance with rules or practices sanctioned by any state or federal regulatory body having jurisdiction over the utility. 44-12-215. (a) The commissioner shall cause to be published notice of the reports filed under Code Section 44-12-214, once a year in a newspaper of general circulation. (b) The published notice shall be entitled the `Georgia Unclaimed Property List' and shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code Section 44-12-214. (c) The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner. (d) The commissioner is not required to publish in such notice any item with a value of less than $50.00 unless he deems such publication to be in the public interest. 44-12-216. (a) Upon payment or delivery of abandoned property to the commissioner, the state shall assume custody and shall be responsible for the safekeeping of the property. Any person who pays or delivers abandoned property to the commissioner under this article is relieved of all liability, to the extent of the value of the property so paid or delivered, or for any claim which then exists or which thereafter may arise or be made with respect to the property. Any holder who has paid moneys to the commissioner pursuant to this article may reimburse any person appearing to such holder to be entitled thereto; and, upon proof of such payment and proof that the Page 1527 payee was entitled thereto, the commissioner shall forthwith reimburse the holder for the payment. (b) In the event legal proceedings are instituted by any other state or states in any state or federal court with respect to unclaimed funds or abandoned property previously paid or delivered to the commissioner, the holder shall give written notification to the commissioner and the Attorney General of this state of such proceedings within ten days after service of process or at least ten days before the return date on which an answer or similar pleading is due or any extension thereof is secured by the holder. The Attorney General may take such action as he deems necessary or expedient to protect the interest of this state. The Attorney General, by written notice prior to the return date on which an answer or similar pleading is due or any extension thereof is secured by the holder, but in any event in reasonably sufficient time for the holder to comply with the directions received, shall either direct the holder actively to defend in the proceedings or direct that no defense be entered into the proceedings. If a direction is received from the Attorney General that the holder need not make a defense, this shall not preclude the holder from entering a defense in his own name if he should so choose. However, any defense made by the holder on his own initiative shall not entitle the holder to reimbursement for legal fees, costs, and other expenses as is provided in this Code section with respect to defenses made pursuant to the direction of the Attorney General. After the holder has actively defended in the proceedings pursuant to the direction of the Attorney General or has been notified in writing by the Attorney General that no defense need be made with respect to such funds, if a judgment is entered against the holder for any amount paid to the commissioner under this article, the commissioner, upon being furnished either proof of payment or satisfaction of such judgment, shall reimburse the holder the amount so paid. The commissioner shall also reimburse the holder for any legal fees, costs, and other directly related expenses incurred in legal proceedings undertaken pursuant to the direction of the Attorney General. (c) Property removed from a safe-deposit box or other safekeeping repository that is received by the commissioner shall be subject to the holder's right under this Code section to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The commissioner shall Page 1528 make the reimbursement to the holder out of the proceeds remaining after the deduction of the commissioner's selling costs. 44-12-217. (a) All abandoned property, other than money delivered to the 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 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. (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 a newspaper of general circulation in the county where the property is to be sold. (c) At any sale conducted by the 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 commissioner shall execute all documents necessary to complete the transfer of title. (d) If the 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 commissioner pursuant to this subsection. 44-12-218. (a) All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall forthwith be deposited by the commissioner in the general fund, except that the commissioner shall retain in a separate trust fund a sum sufficient from which he shall make prompt payment of claims duly allowed by him as provided in Code Section 44-12-220. Before making a deposit he shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known Page 1529 address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due. (b) Before making any deposit to the credit of the general fund the commissioner may deduct: (1) Any costs in connection with sale of abandoned property; (2) Any costs of mailing and publication in connection with any abandoned property; (3) Operating expenses; (4) Amounts required to make payments to other states, during the next fiscal year, through reciprocity agreements; and (5) Expenses for consulting services. 44-12-219. The commissioner, after receiving reports of property deemed abandoned pursuant to this article, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within 120 days after filing the report required under Code Section 44-12-214, the commissioner shall be deemed to have elected to receive the custody of the property. 44-12-220. (a) A person, excluding another state, claiming an interest in any property paid or delivered to the commissioner may file with him a claim on a form prescribed by him and verified by the claimant. (b) The commissioner shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No Page 1530 notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant. (c) If a claim is allowed, the commissioner shall pay over or deliver to the claimant the property or the amount the commissioner actually received or the net proceeds if it has been sold by the commissioner. The owner is not entitled to receive income or other increments accruing after remittance to the commissioner. (d) The commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary; and after said seven-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records. 44-12-221. Any person aggrieved by a decision of the commissioner or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim may appeal such decision or lack of decision to the Superior Court of Fulton County. The proceeding shall be brought within 90 days after the decision of the commissioner or within 180 days of the filing of the claim if the commissioner fails to act. The appeal shall be tried de novo without a jury. 44-12-222. (a) The commissioner shall consider any claim filed under this article and may hold a hearing and receive evidence concerning it. If a hearing is held, he shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him and the reasons for his decision. The decision shall be a public record. (b) If the claim is allowed, the commissioner shall make payment forthwith. The claim shall be paid without deduction for costs of notice. 44-12-223. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect any duty to file a report required by this article or to pay or deliver abandoned property to the commissioner. Page 1531 44-12-224. (a) All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the 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 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. 44-12-225. Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article. 44-12-226. The expiration, before or after July 1, 1990, of any period of time specified by contract, statute, or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned nor affect any duty to file a report or to pay or deliver abandoned property to the commissioner as required by this article. 44-12-227. (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 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. (c) A person, firm, or corporation who willfully refuses after written demand by the 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 Page 1532 by imprisonment not to exceed six months or by both such fine and imprisonment. 44-12-228. (a) Every financial institution, banking organization, and business association and all other holders required to file a report under Code Section 44-12-214 shall retain all books, records, and documents necessary to establish the accuracy and compliance of such report for ten years after the property becomes reportable, except to the extent that shorter time is provided in accordance with Article 5 of Chapter 18 of Title 50, the `Georgia Records Act,' or in subsection (b) of this Code section or by rule of the commissioner. As to any property for which it has obtained the last known address of the owner, the holder shall maintain a record of the name and last known address of the owner for the same ten-year period. (b) Any business associations that sell in this state its traveler's checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable. 44-12-229. (a) The commissioner may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this article. (b) The commissioner may at reasonable times and upon reasonable notice examine the records of any person to determine whether the person has complied with the provisions of this article. The commissioner may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this article. (c) If a holder fails to maintain the records required by Code Section 44-12-228 and the records of the holder available for the periods subject to this article are insufficient to permit the preparation of a report, the holder shall be required to report and pay such amounts as may reasonably be estimated from any available records. Page 1533 44-12-230. The commissioner may employ the services of such independent consultants, and other persons possessing specialized skills or knowledge as he shall deem necessary or appropriate for the administration of this article, including, but not limited to, valuation, maintenance, upkeep, management, sale and conveyance of property, and determination of sources of unreported abandoned property. 44-12-231. The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned. 44-12-232. (a) This article does not relieve the holder of a duty that arose before July 1, 1990, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1990, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to Code Section 44-12-227. (b) The initial report filed under this article for property that was not required to be reported before July 1, 1990, but which is subject to this article must include all items of property that would have been presumed abandoned during the ten-year period preceding July 1, 1990, as if this article had been in effect during that period. 44-12-233. Whenever the commissioner shall receive securities under this article in the name of the owner, he shall forthwith take appropriate action to transfer the record of ownership of said securities into the name of the commissioner. 44-12-234. This article does not apply to any property held, due, and owing in a foreign county and arising out of a foreign transaction. 44-12-235. The commissioner may make necessary rules and regulations to carry out the provisions of this article. Page 1534 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1990. GEORGIA SECURITIES ACT OF 1973. Code Title 10, Chapter 5 Amended. No. 1368 (House Bill No. 1459). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973, so as to change the provisions relating to the definition of certain terms; to provide for the designation and additional regulation of designated dealers, limited dealers, designated salesmen, and limited salesmen and the sale of certain low priced designated securities; to provide for additional training for certain designated salesmen; to provide for dollar limitations consistent with federal rules for certain limited securities offerings; to provide for stop orders, suspension, and revocation of certain securities offerings; to provide for transactional exemptions by rule; to change the provisions relating to information obtained in connection with an investigation; to provide for certain unlawful practices; to provide for the imposition of civil penalties by the commissioner; to provide for additional civil remedies; to provide for a change in criminal fines; to provide for the application of the law in effect at the time a cause of action arose or crime occurred; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973, Page 1535 is amended by striking subsection (a) of Code Section 10-5-2, relating to definitions, and inserting in its place a new subsection (a) to read as follows: (a) As used in this chapter, the term: (1) `Accredited investor' shall have such meaning as the commissioner may by rule or regulation specify. (2) `Affiliate' or `person affiliated with' means, when used with reference to a specified person, a person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified. Any beneficial owner of 20 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person. (3) `Assignment,' with respect to an investment advisory contract, means any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or any such transfer or hypothecation of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; provided, however, that, if an investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser who have only a minority interest in the business of the investment adviser or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business. (4) `Beneficial owner' means, with regard to any securities, any person who owns the securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by: Page 1536 (A) His spouse; (B) His minor children; (C) Any revocable trust of which he is a settlor; (D) Any trust of which he, his spouse, or his minor children have an aggregate vested beneficial interest of 20 percent or more in the income or the corpus; (E) Any partnership in which he is a general partner; (F) Any corporation of which he is the beneficial owner of 20 percent or more of the outstanding voting securities or of which he is an executive officer if the corporation has no substantial business other than investment in securities; or (G) Any ancestor, sibling, or lineal descendant of his who resides in his home. (5) `Blank check offering' means an offering of securities by an issuer which has not had any substantial gross revenues from the sale of products or services or any substantial net income from any source for its latest fiscal year, which offering does not disclose the industry in which the issuer will make asset or business acquisitions or does not disclose guidelines under which such acquisitions will be made. (6) `Commissioner' means the commissioner of securities of this state. (7) `Control' (including `controlling,' `controlled by,' and `under common control with') means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (8) `Dealer' means every person, other than a salesman registered under this chapter, who engages, either for Page 1537 all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include a bank or trust company, or any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business, and does not include any general partner, or executive officer of any general partner, of an issuer or executive officer of an issuer offering or selling securities of such issuer unless he is paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this paragraph. (9) `Designated dealer' means a dealer or limited dealer as respectively defined in paragraphs (8) and (17) of this subsection: (A) Whose commissions, commission equivalents, and markups from transactions in designated securities for one of the immediately preceding three months or for two or more of the immediately preceding 12 months exceeded 5 percent of its total commissions, commission equivalents, and markups from transactions in securities during those months; or (B) Who has been a market maker in the designated security that is the subject of the transaction in the immediately preceding 12 months. (10) `Designated salesman' means a salesman or limited salesman as respectively defined in paragraphs (25) and (18) of this subsection who is employed, appointed, or authorized by a designated dealer or by an issuer to sell designated securities. (11) `Designated security' means any equity security the selling price of which is less than $5.00 (provided, however, if the designated security is a unit composed of one or more securities, that the unit price divided by the number of components of the unit other than warrants, options, rights, or similar securities must be less than $5.00 and that Page 1538 any component of the unit that is a warrant, option, right, or similar security, or a convertible security, must have an exercise price or conversion price of less than $5.00). `Designated security' shall not include a security: (A) Registered, or approved for registration upon notice of issuance, on a national securities exchange that makes transaction reports available pursuant to Exchange Act Rule 11Aa3-1, as promulgated by the United States Securities and Exchange Commission (17 CFR 11Aa3-1); (B) Authorized, or approved for authorization upon notice of issuance, for quotation on the National Association of Securities Dealers Automated Quotation (NASDAQ) System; (C) Issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C..8a-1, et seq., as amended); (D) Which is a put option or call option issued by the Options Clearing Corporation; or (E) Whose issuer has net tangible assets in excess of $2 million, as demonstrated by financial statements dated less than 15 months previously that the designated dealer has reviewed and has a reasonable basis to believe are true and complete in relation to the date of the transaction with the person, and: (i) In the event the issuer is other than a foreign private issuer, are the most recent financial statements for the issuer that have been audited and reported on by an independent public accountant in accordance with the provisions of Rule 210.2-02, as promulgated by the United States Securities and Exchange Commission (17 CFR 210.2-02); or (ii) In the event the issuer is a foreign private issuer, are the most recent financial statements for the issuer that have been filed with the United States Securities and Exchange Commission; Page 1539 furnished to the United States Securities and Exchange Commission pursuant to SEC Rule 12g3-2(b) (17 CFR 240.12g3-2(b)); or prepared in accordance with generally accepted accounting principles in the country of incorporation, audited in compliance with the requirements of that jurisdiction, and reported on by an accountant duly registered and in good standing in accordance with the regulations of that jurisdiction. (12) `Established customer' means any person for whom the dealer or limited dealer, or a clearing brokerdealer on behalf of such dealer or limited dealer, carries an account, and who with such dealer or limited dealer: (A) Has effected a securities transaction, or made a deposit of funds or securities, more than one year prior to the date of determination; or (B) Has made three purchases of designated securities that occurred on separate days and involved different issuers. (13) `Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (14) `Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. `Investment adviser' shall also include any person who holds himself out as a `financial planner' or `investment adviser.' Unless they hold themselves out as such, the term `investment adviser' does not include (i) an investment adviser representative; Page 1540 (ii) a lawyer, accountant, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term `investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities. (15) `Investment adviser representative' means any individual, other than an investment adviser, who is a partner, officer, or director (or a person occupying a similar status or performing similar functions) of an investment adviser or any other individual who, on behalf of an investment adviser, engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. (16) `Issuer' means every person who issues or proposes to issue any security, except that, with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type, the term `issuer' means the person or persons performing the acts and assuming the duties of depositor or manager pursuant Page 1541 to the provisions of the trust or other agreement or instrument under which such securities are issued; except that, in the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that, with respect to equipment-trust certificates or like securities, the term `issuer' means the person by whom the equipment or property is or is to be used; and except that, with respect to fractional undivided interests in oil, gas, or other mineral rights, the term `issuer' means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of public offering. (17) `Limited dealer' means a dealer who is authorized under this chapter to act as a dealer only with respect to a certain issue of or a certain class or type of securities specified by the commissioner. (18) `Limited salesman' means a salesman who is authorized under this chapter to sell or offer for sale only a certain issue of or a certain class or type of securities specified by the commissioner. A limited salesman may be authorized to sell or offer for sale securities of one or more issuers either concurrently or successively, provided such issuers are affiliates and provided, further, that one of such issuers shall enter into and file with the commissioner a written agreement which shall provide that such issuer shall be primarily responsible for supervising the limited salesman and shall assume all duties, responsibilities, and liabilities imposed by this chapter for the securities transactions of the limited salesman to the same extent as if the limited salesman were only registered with respect to such issuer. Nothing in such agreement shall relieve any issuer on whose behalf the limited salesman is acting of the responsibilities imposed upon such issuer by this chapter for the securities transactions of the limited salesman. (19) `Majority owned subsidiary' means a subsidiary more than 50 percent of whose outstanding securities representing Page 1542 the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority owned subsidiaries. (20) `Market maker' means any specialist permitted to act as a dealer, any dealer acting in the capacity of block positioner, and any dealer who, with respect to a security, holds himself out (by entering quotations in an inter-dealer communications system or otherwise) as being willing to buy and sell such security for his own account on a regular or continuous basis. (21) `Parent' means, when used with reference to a specified person, an affiliate controlling such person directly, or indirectly through one or more intermediaries. (22) `Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any unincorporated organization. (23) `Prospectus' means any prospectus, notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that: (A) A confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 as appropriate to form of registration under this chapter, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given; and Page 1543 (B) A notice, circular, advertisement, sales literature, letter, or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit. (24) `Sale' or `sell' means and shall include every contract of sale or disposition of a security or interest in a security for value. The term `offer to sell,' `offer for sale,' or `offer' shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. The terms defined in this paragraph shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer or any person on whose behalf an offering is to be made. Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security. (25) `Salesman' means an individual, other than a dealer or limited dealer registered under this chapter, Page 1544 employed or appointed or authorized by a dealer, limited dealer, or issuer to sell securities in this state. The general partners or executive officers of a dealer or a limited dealer engaged in the offer or sale of securities and any general partners of an issuer or executive officers of any general partner of an issuer or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this paragraph. (26) `Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas, or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or participation in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase, any of the foregoing. The term `investment contract' shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investor's efforts are necessary to receive such return if: (A) Such return is dependent upon essential managerial or sales efforts of the issuer or its affiliates; and (B) One of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investor's behalf; and (C) The investor shall thereby acquire the right to earn a commission or other compensation from sales of rights to sell goods, services, or other investment contracts of the issuer or its affiliates. Page 1545 `Security' shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 33 and issued by a life insurance company licensed to do business in the State of Georgia nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others. (27) `Securities of the same class' means: (A) All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock; or (B) All preferred stock of an issuer, regardless of varying preferences, series, or designations, and all securities convertible into preferred stock or conferring the right to acquire preferred stock. (28) `Significant subsidiary' means a subsidiary meeting any one of the following conditions: (A) The assets of the subsidiary or the investments in and advances to the subsidiary by its parent and the parent's other subsidiaries, if any, exceed 10 percent of the assets of the parent and its subsidiaries on a consolidated basis. (B) The sales and operating revenues of the subsidiary exceed 10 percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis. (C) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, Page 1546 if considered in the aggregate, constitute a significant subsidiary. (29) `State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands. (30) `Subsidiary' means, when used with reference to a specified person, an affiliate controlled by such person, directly or indirectly, through one or more intermediaries. (31) `Underwriter' means any person who has purchased from an issuer or an affiliate of an issuer with a view to or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a participation in the directo or indirect underwriting of any such undertaking; provided, however, that a person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year; and provided, further, that a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; provided, further, that, in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned. Section 2 . Said chapter is further amended by deleting paragraph (2) of subsection (b) of Code Section 10-5-3, relating to registration of dealers, salesmen, investment advisers, and investment adviser representatives and surety bonds or deposits and records, and substituting in its place a new paragraph (2) to read as follows: (2) Any investment adviser or investment adviser representative who during the course of the preceding 12 months has Page 1547 had fewer than 15 clients and who neither holds himself out generally to the public as an investment adviser or investment adviser representative nor acts as an investment adviser to any investment company registered under the Investment Company Act of 1940. Section 3 . Said chapter is further amended by adding a new undesignated paragraph at the end of subsection (d) of Code Section 10-5-3, relating to registration of dealers, salesmen, investment advisers, and investment adviser representatives and surety bonds or deposits and records, to read as follows: In addition to the requirements of this subsection, an application for registration by any individual who, upon registration, would be a designated salesman shall contain a certification that the applicant has completed or has begun and will complete a four-month period of training with a dealer or designated dealer registered under this chapter before offering to sell, selling, offering to purchase, or purchasing any designated security. Section 4 . Said chapter is further amended by striking subsection (n) of Code Section 10-5-3, relating to registration of dealers, salesmen, investment advisers, and investment adviser representatives and surety bonds or deposits and records, and inserting in its place a new subsection (n) to read as follows: (n) With respect to investment advisers, the commissioner may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory clients. To the extent determined by the commissioner in his discretion, information furnished to clients or prospective clients of an investment adviser pursuant to the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement. With respect to dealers, limited dealers, salesmen, and limited salesmen, the commissioner shall make available to any person so requesting information concerning whether a dealer, limited dealer, salesman, or limited salesman is or indicates that he is a designated dealer or designated salesman, as well as information possessed by the commissioner concerning any public administrative, civil, or Page 1548 criminal proceedings against and sanctions imposed on any designated dealer or its employees, affiliates, or salesmen. Section 5 . Said chapter is further amended by adding new subsections (o) and (p) to Code Section 10-5-3, relating to registration of dealers, salesmen, investment advisers, and investment adviser representatives and surety bonds or deposits and records, to read as follows: (o) Within 30 days after any dealer, limited dealer, salesman, or limited salesman becomes a designated dealer or designated salesman, said dealer, limited dealer, salesman, or limited salesman shall inform the commissioner of such in writing and shall submit the certification required by subsection (d) of this Code section, and any other information or material requested by the commissioner. (p) (1) In connection with the public sale or purchase of securities, every dealer and limited dealer subject to this chapter shall send written confirmations of transactions which are fully descriptive of the transaction in compliance and accordance with such rules and regulations as the commissioner may promulgate. (2) With respect to transactions in designated securities made or caused to be made by designated dealers, in addition to the information required to be contained on confirmations under paragraph (1) of this subsection, each written confirmation required to be sent under paragraph (1) of this subsection shall be accompanied by the following information, which shall be clearly explained and identified: (A) The price at which the dealer is currently selling or offering to sell the security and the price at which the dealer is currently buying or offering to buy the security; and (B) All commissions, fees, bonuses, or other compensation payable to the dealer and salesman as a result of the transaction. Page 1549 Section 6 . Said chapter is further amended by striking subparagraph (e)(1)(A) of Code Section 10-5-5, relating to the registration of securities, and inserting in its place a new subparagraph (e)(1)(A) to read as follows: (A) The aggregate amount of the total offering, within or outside this state, shall not exceed $1 million, less the aggregate offering price for all securities sold within the 12 months before the start of and during the offering of securities under this subsection in reliance on the exemption in paragraph (13) of Code Section 10-5-9 or in violation of this Code section; provided, however, that the commissioners shall have authority to increase, by rule or regulation, the limitation on the aggregate offering amount in order to further the objectives of compatibility with federal exemptions and uniformity among states; or Section 7 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 10-5-7, relating to registration of securities and denial, suspension, or revocation of registrations, and inserting in their place new subsections (a) and (b) to read as follows: (a) The commissioner may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of any registration or certificate issued as a result of a filing pursuant to paragraph (5) or (16) of Code Section 10-5-9 (and shall give notice of such issuance pursuant to Code Section 10-5-16) if he finds that the order is in the public interest and that: (1) The registration statement or documents required to be filed pursuant to paragraph (5) or (16) of Code Section 10-5-9 as of their effective date, or as of any earlier date in the case of an order denying effectiveness, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; (2) Any prospectus used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; Page 1550 (3) This chapter or any rule, order, or condition lawfully imposed under this chapter has been willfully violated in connection with the offering by: (A) The person filing the registration statement; (B) The issuer, any partner, executive officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any affiliate, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or (C) Any underwriter; (4) The security registered or exempted or sought to be registered or exempted is the subject of a stop order of any federal or state securities commission or agency or similar order or a permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state Act applicable to the offering; but: (A) The commissioner may not institute a proceeding against an effective registration statement or certificate of exemption under this paragraph (4) of this subsection (a) more than one year from the date of the order or injunction relied on; and (B) The commissioner may not enter an order under this paragraph (4) of this subsection (a) on the basis of an order or injunction entered under any other state Act unless that order or injunction was based on facts which would currently constitute a ground for a stop order under this Code section; (5) The offering has worked or tended to work a fraud upon purchasers or would so operate; (6) The security is sought to be registered by notification and is not eligible for such registration; or Page 1551 (7) With respect to filings pursuant to paragraph (5) or (16) of Code Section 10-5-9, the offering is a blank check offering. (b) The commissioner may by order summarily postpone or suspend the effectiveness of the registration statement or certificate of exemption pending final determination of any proceeding under this Code section. Upon the entry of the order, the commissioner shall promptly notify by telephone or telegraph the issuer, any person on whose behalf such distribution is being made, and the representative of the underwriters that it has been entered and of the reasons therefor and that within 15 days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice of an opportunity for hearing to each person specified in subsection (a) of Code Section 10-5-16, may modify or vacate the order or extend it until final determination. Section 8 . Said chapter is further amended striking subparagraph (A) of paragraph (16) of Code Section 10-5-9, relating to exempt transactions, and inserting in its place a new subparagraph (A) to read as follows: (A) The commissioner is granted authority, if he finds it to be in the public interest, to create by rule exemptions and procedures pertaining thereto which shall further the objectives of compatibility with federal exemptions and uniformity among the states. Except as otherwise provided, any such rules shall require that the commissioner receive prior to any such sale: (i) A notice of intention to sell which has been executed by the applicant which sets forth the information required by the rule; (ii) A filing fee of $250.00; (iii) A consent to service of process in the form prescribed by Code Section 10-5-18 which has been executed by the applicant; and Page 1552 (iv) Such information as the commissioner may by rule or regulation require; Section 9 . Said chapter is further amended by striking subsection (i) of Code Section 10-5-11, relating to information obtained in connection with an investigation, which reads as follows: (i) The commissioner may disclose information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a securities agency or law enforcement agency and the receiving agency represents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information., and inserting in its place a new subsection (i) to read as follows: (i) The commissioner may disclose information or documents obtained in connection with an investigation under this Code section to the extent provided in this Code section. The commissioner may further disclose such information if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding. Any securities agency or law enforcement agency receiving such information or documents must represent that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information. Section 10 . Said chapter is further amended by adding new subsections (k), (l), (m), and (n) to Code Section 10-5-12, relating to unlawful practices, to read as follows: (k) (1) In order to prevent fraudulent, deceptive, or manipulative acts or practices, it shall be unlawful for any designated dealer or designated salesman to sell a designated security to, or to effect the purchase of a designated security by, any person unless the transaction is exempt under paragraph (6) of this subsection or, prior to the transaction, (A) the designated dealer and designated salesman, if involved, have approved the person's account for transactions in designated securities in accordance with the procedures Page 1553 set forth in paragraph (2) of this subsection and (B) the designated delaer and designated salesman, if involved, have submitted to the person a risk disclosure document in a form approved by the commissioner and have thereafter received from the person a written agreement to the transaction in compliance with the requirements of paragraph (3) of this subsection. (2) In order to approve a person's account for transactions in designated securities, the designated dealer or designated salesman must: (A) Obtain from the person information concerning the person's financial situation (including but not limited to net worth and annual income), investment experience, and investment objectives; (B) Reasonably determine, based on the information required by subparagraph (A) of this paragraph and any other information known by the dealer or salesman, that transactions in designated securities are suitable for the person and that the person (or the person's independent adviser in these transactions) has sufficient knowledge and experience in financial matters, such that the person (or adviser) reasonably may be expected to be capable of evaluating the risks of transactions in designated securities; (C) Deliver to the person a written statement: (i) Setting forth the basis on which the dealer and salesman made the determination required by subparagraph (B) of this paragraph; (ii) Stating in a highlighted format that it is unlawful for the dealer or salesman to effect a transaction in a designated security subject to the provisions of subparagraph (B) of paragraph (1) of this subsection unless the dealer and salesman have received, prior to the transaction, a written agreement to the transaction from the person; and Page 1554 (iii) Stating in a highlighted format immediately preceding the customer's signature line that: (I) The dealer and salesman are required by this subsection to provide the person with the written statement; and (II) The person should not sign and return the written statement to the dealer or salesman if it does not accurately reflect the person's financial situation, investment experience, and investment objectives; and (D) Obtain from the person a manually signed and dated copy of the written statement required by subparagraph (C) of this paragraph. (3) The written agreement to the transaction required by subparagraph (B) of paragraph (1) of this subsection shall: (A) Be signed by the purchaser and dated; (B) Set forth the identity and quantity of the designated security to be purchased; (C) Prominently disclose, in close proximity to the signature lines of the agreement, that the purchaser has a right to rescind the agreement, in accordance with paragraph (4) of this subsection; (D) Disclose all commissions, fees, bonuses, or other compensation payable to the dealer and salesman as a result of the transaction; and (E) Disclose the price at which the dealer is currently selling or offering to sell the security and the price at which the dealer is currently buying or offering to buy the security. (4) (A) Any person purchasing a designated security from a designated dealer or designated salesman shall have an unqualified right to rescind the transaction Page 1555 within three business days of receipt of the confirmation of the transaction. (B) To exercise the right to rescind, the purchaser shall notify the designated dealer in writing and shall send the notice by mail or other means to the designated dealer's place of business by midnight of the third business day following receipt of the confirmation of the transaction. (C) If the designated dealer does not send a confirmation as required by paragraph (2) of subsection (p) of Code Section 10-5-3, the right to rescind under this subsection shall expire two years after the purchase of securities or upon the purchaser's sale of the security, whichever occurs first. (D) In a transaction subject to rescission under this paragraph, the designated dealer shall send to the purchaser a written notice of the right to rescind. Such notice shall be included in or accompany the confirmation of the transaction and shall include: (i) A disclosure of the purchaser's right to rescind under subparagraphs (A) and (B) of this paragraph; (ii) A description of how to exercise the right to rescind; and (iii) A form which may be used to effect a rescission and which sets forth the dealer's address to which such form may be delivered. (5) A designated dealer, or another dealer on behalf of such designated dealer, shall disclose, on each statement of account sent to account holders having a designated security shown as a `long' position in the person's account as of the statement date, the price at which the designated dealer is offering to buy such security or, if no such price is available, the average of the bid prices by other dealers and the date of the most recent bid available from the designated dealer and the amount of money represented by the long Page 1556 position, if it were to be sold at the bid price shown on the statement. (6) The requirements of paragraph (1) of this subsection do not apply to: (A) Transactions in which the purchaser is an accredited investor of the dealer or salesman; (B) Transactions that are not recommended by the dealer or salesman; (C) Transactions by a dealer or salesman who is not and has not been a market maker in the designated security that is the subject of the transaction in the immediately preceding 12 months; (D) Transactions in which the purchaser is an established customer of the dealer or salesman; or (E) Any transaction or transactions that, upon prior written request or upon his own motion, the commissioner conditionally or unconditionally exempts as not encompassed within the purposes of this subsection. (7) The requirements of paragraph (4) of this subsection do not apply to: (A) Transactions in which the purchaser is an accredited investor of the dealer or salesman; (B) Transactions that are not recommended by the dealer or salesman; (C) Any transaction or transactions that, upon prior written request or upon his own motion, the commissioner conditionally or unconditionally exempts as not encompassed within the purposes of this subsection. Page 1557 (8) Compliance with SEC Rule 15c2-6 (17 CFR 240.15c2-6, as amended) shall be deemed to be compliance with paragraph (2) of this subsection. (1) It shall be unlawful for any designated dealer or designated salesman to charge or receive any commission, fee, bonus, markup, or other compensation with respect to a transaction involving the purchase or sale of designated securities which, singly or in combination, exceeds 10 percent of the purchase or sales price of the securities involved in the transaction. (m) It shall be unlawful for any dealer, limited dealer, salesman, or limited salesman who is participating or otherwise financially interested in the primary or secondary distribution of any security which is not admitted to trading on a national securities exchange to represent to a customer that any security is being offered to such customer `at the market' or at a price related to the market price unless such dealer, limited dealer, salesman, or limited salesman knows or has reasonable grounds to believe that a market for such security exists other than that made, created, or controlled by him, or by any person for whom he is acting or with whom he is associated in such distribution, or by any person controlled by, controlling, or under common control with him. (n) It shall be unlawful for any designated dealer to offer or sell in or from the State of Georgia a designated security unless the designated dealer: (1) At the time of the offer and sale has entered upon a quotation system approved by the commissioner, a firm bid to purchase at least 100 shares of the stock sold at a firm price; and (2) Actually intends to purchase and, when called upon to do so by any person, actually will purchase at least 100 shares at such price, and does not intend to reduce, and does not reduce below the quoted bid price, the price for which it actually purchases additional shares, except in reasonable response to market or economic circumstances or conditions. Page 1558 Section 11 . Said chapter is further amended by striking division (a)(1)(A)(iv) of Code Section 10-5-13, relating to administrative, civil, and criminal actions, and inserting in its place a new division (a)(1)(A)(iv) to read as follows: (iv) Issue an order against an applicant, registered person, or other person who willfully violates this chapter, imposing a civil penalty up to a maximum of $50,000.00 for a single violation or up to $500,000.00 for multiple violations in a single proceeding or a series of related proceedings; Section 12 . Said chapter is further amended by striking division (a)(2)(A)(ii) of Code Section 10-5-13, relating to administrative, civil, and criminal actions, and inserting in its place a new division (a)(2)(A)(ii) to read as follows: (ii) A civil penalty up to a maximum of $50,000.00 for a single violation or up to $500,000.00 for multiple violations in a single proceeding or a series of related proceedings; Section 13 . Said chapter is further amended by striking subsection (c) of Code Section 10-5-14, relating to civil liability from sales of securities, and inserting in its place a new subsection (c) to read as follows: (c) Every person who directly or indirectly controls a person liable under subsection (a), (b), or (h) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a), (b), or (h) of this Code section, every person occupying a similar status or performing similar functions, and every dealer, limited dealer, salesman, or limited salesman who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person whose liability arises under subsection (a), (b), or (h) of this Code section unless the person whose liability arises under this subsection sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable. Page 1559 Section 14 . Said chapter is further amended by adding new subsections (h) and (i) to Code Section 10-5-14, relating to civil liability from sales of securities, to read as follows: (h) Any designated dealer or designated salesman who materially violates Code Section 10-5-4 or 10-5-5 or subsection (a) or (d) of Code Section 10-5-12 with respect to a transaction involving a designated security shall be liable to the person buying such security for: (1) The consideration paid in cash (or the fair value of the consideration paid at the time it was paid if such consideration was not paid in cash) for such security with interest thereon from the date of payment to the date of repayment as computed under paragraph (1) of subsection (d) of this Code section, less the amount of any income paid thereon, upon the tender of the security at any time before the entry of judgment; (2) An additional amount equal to three times the amount calculated pursuant to paragraph (1) of this subsection; and (3) Court costs and reasonable attorney's fees. (i) The form of action provided by Code Section 9-11-23 may be used in any action brought pursuant to subsection (h) of this Code section, and, in such case, it shall be conclusively presumed that a class of persons numbering ten or more who purchased the same designated security from or through the same designated dealer or designated salesman shall constitute a class so numerous as to make it impracticable to bring them all before the courts. Section 15 . Said chapter is further amended by striking Code Section 10-5-23, relating to application of the law in effect at the time a cause of action arose or a crime occurred, and inserting in its place a new Code Section 10-5-23 to read as follows: 10-5-23. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full Page 1560 force and effect on the date of the alleged commission of the underlying facts or circumstances which constitutes evidence of the commission of a crime or violation of this chapter, notwithstanding any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitation which was in effect at the time the cause of action arose or the alleged commission of the crime occurred. Section 16 . Said chapter is further amended by striking subsection (a) of Code Section 10-5-24, relating to criminal penalties for violating Chapter 5 of Title 10, and inserting in its place a new subsection (a) to read as follows: (a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $500,000.00 or imprisonment for not less than one and not more than five years, or both. Section 17 . Subject to the savings provisions of Code Section 10-5-23, all laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. GEORGIA TRADE SECRETS ACT OF 1990. Code Title 10, Chapter 1, Article 27 Amended. No. 1369 (House Bill No. 1449). 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 revise the laws relating to trade secrets; to provide a short title; to provide for definitions; to provide for injunctive relief; to provide Page 1561 for damages; to provide for attorneys' fees; to provide for preservation of secrecy; to provide for limitations on actions; to provide for effect on other laws; to provide for practices and procedures; to provide for construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Article 27, relating to trade secrets, which reads as follows: ARTICLE 27 10-1-760. (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., and inserting in lieu thereof a new Article 27 to read as follows: Page 1562 ARTICLE 27 10-1-760. This article shall be known as the `Georgia Trade Secrets Act of 1990.' 10-1-761. As used in this article, the term: (1) `Improper means' includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means. Reverse engineering of a trade secret not acquired by misappropriation or independent development shall not be considered improper means. (2) `Misappropriation' means: (A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) Disclosure or use of a trade secret of another without express or implied consent by a person who: (i) Used improper means to acquire knowledge of a trade secret; (ii) At the time of disclosure or use, knew or had reason to know that knowledge of the trade secret was: (I) Derived from or through a person who had utilized improper means to acquire it; (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or Page 1563 (iii) Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (3) `Person' means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other for profit or not for profit legal or commercial entity. (4) `Trade secret' means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which: (A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 10-1-762. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in appropriate circumstances for reasons including, but not limited to, an elimination of commercial advantage that otherwise would be derived from the misappropriation or where the trade secret ceases to exist due to the fault of the enjoined party or others by improper means. (b) In exceptional circumstances, if the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position Page 1564 prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. (d) In no event shall a contract be required in order to maintain an action or to obtain injunctive relief for misappropriation of a trade secret. 10-1-763. (a) In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this Code section. (c) In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret. 10-1-764. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party. 10-1-765. In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person Page 1565 involved in the litigation not to disclose an alleged trade secret without prior court approval. 10-1-766. An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret. 10-1-767. (a) Except as provided in subsection (b) of this Code section, this article shall supersede conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret. (b) This article shall not affect: (1) Contractual duties or remedies, whether or not based upon misappropriation of a trade secret; provided, however, that a contractual duty to maintain a trade secret or limit use of a trade secret shall not be deemed void or unenforceable solely for lack of a durational or geographical limitation on the duty; (2) Other civil remedies that are not based upon misappropriation of a trade secret; or (3) The definition of a trade secret contained in Code Section 16-18-13, pertaining to criminal offenses involving theft of a trade secret or criminal remedies, whether or not based upon misappropriation of a trade secret. Page 1566 Section 2 . This Act shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. GEORGIANET AUTHORITYCREATED. Code Title 50, Chapter 24 Enacted. No. 1370 (House Bill No. 1757). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Net Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide that the purpose of the authority shall be the centralized marketing, provision, sale, leasing, or execution of license agreements for electronic data and equipment, supplies, products, and services incidental thereto; to provide for the members of the authority and their qualifications, selection, service, and compensation; to provide for the powers, duties, and operations of the authority; to provide for cooperation with and by other governmental entities; to provide for tax exempt status of the authority; 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 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at its end a new Chapter 24 to read as follows: CHAPTER 24 Page 1567 50-24-1. (a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. (b) As used in this chapter, the term: (1) `Authority' means the GeorgiaNet Authority. (2) `File' means a group of data consisting of a collection of related records which concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system. (3) `Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction. (c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors: (1) The public interest in providing ready access to public state information for individuals, businesses, and other entities; (2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes; (3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information; (4) Cost savings to the state through efficiency in the provision of public information; Page 1568 (5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and (6) Such other factors as are in the public interest of the state and will promote the public health and welfare. 50-24-2. (a) The authority shall consist of three members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and one member appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. (b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services. (c) Two members of the authority shall constitute a quorum; and the affirmative votes of two members of the authority shall be required for any action to be taken by the authority. (d) The commissioner of administrative services shall be the executive officer and director and administrative head of the authority. The commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his powers and duties to such assistant commissioner as he desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. Page 1569 (e) The authority may make rules and regulations for its own government. (f) The authority shall have perpetual existence. 50-24-3. (a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3. (b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16. 50-24-4. The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts; Page 1570 (6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity; (7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority; (9) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (10) To do all things necessary or convenient to carry out the powers conferred by this chapter. 50-24-5. All state departments, agencies, boards, bureaus, commissions, and authorities are authorized to make available to the authority access to public records or data which are available in electronic format upon terms mutually agreed to by the authority and any such department, agency, board, bureau, commission, or authority; provided, however, that no department, agency, board, bureau, commission, or authority shall be required to do so. The authority shall reimburse the department, agency, board, bureau, commission, or authority for costs incurred in providing such public records or data. The judicial and legislative branches are authorized to likewise provide such access to the authority. 50-24-6. The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from Page 1571 selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information. 50-24-7. 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. 50-24-8. Any action against the authority shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 50-24-9. All moneys received by the authority pursuant to this chapter shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 50-24-10. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby 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. 50-24-11. Nothing in this chapter shall be deemed to effect a transfer of ownership of any data from any department, agency, board, bureau, commission, or authority to the authority. Page 1572 50-24-12. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. DOMESTIC RELATIONSADOPTION. Code Titles 15, 19, and 33 Amended. No. 1371 (Senate Bill No. 443). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change a term and certain cross-references; to change certain provisions relating to termination of parental rights of biological fathers who are not legal fathers; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain cross-references; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strike, revise, and reenact Chapter 8 thereof, relating to adoption; to provide for definitions; to provide for jurisdiction and findings; to provide who may petition to adopt a child and how such petition shall be filed; to provide the manner in which and conditions under which rights to a child may be surrendered or terminated for purposes of authorizing the adoption of that child; to require that certain children consent to their adoption; to provide for acknowledgement of surrender; to provide for withdrawal of surrender; to provide for affidavits of mothers; to provide for compliance with the Interstate Compact on the Placement of Children; to provide for affidavits for persons before whom surrenders are signed; to provide for surrenders by minors; to provide for mailing of surrenders and for filing petitions for adoption; to provide for adoption based upon certain foreign decrees; to provide when surrender Page 1573 or termination of rights is not necessary to the filing of a petition for adoption, and provide for certain notification in those cases; to provide for termination of parental rights to a child; to provide for notifications to certain parents and biological fathers of children sought to be adopted and rights relating thereto; to provide for the contents of and attachments to petitions for adoption; to provide for fees and deposits; to provide for reports and accountings; to provide for affidavits of attorneys; to provide for service of certain petitions upon grandparents with visitation rights or their counsel; to provide for judicial consideration of adoption petitions and objections thereto; to provide for verifications, investigations, and reports regarding adoption petitions; to provide for dismissal of adoption petitions and appointment of guardians ad litem; to provide for judicial hearings on petitions for adoption and orders and decrees relating thereto and proceedings in connection therewith; to provide for the effect of decrees of adoption; to provide for adoption certificates; to provide for adoption of adults; to provide for recognition of decrees of other courts; to provide for pending proceedings and previously entered final orders; to provide for filing and recordation of matters relating to petitions for adoption; to provide for sealing of adoption records and provide access thereto and information therefrom under certain conditions; to provide for release of information regarding biological parents and siblings of adopted children; to provide for registry, fees, and immunity from liability; to provide that the Department of Human Resources and others may provide certain services; to prohibit certain advertisements and inducements and provide criminal penalties therefor; to provide for prior executed consents and surrenders; to provide for forms; to provide for all related matters; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change a cross-reference; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subparagraph (C) of paragraph (2) of subsection (a) of Code Section 15-11-5, relating to jurisdiction of juvenile courts, and inserting in its place a new subparagraph to read as follows: Page 1574 (C) For the termination of the legal parent-child relationship, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have exclusive jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or. Section 2 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 15-11-81, relating to grounds for terminating parental rights, and inserting in its place a new paragraph to read as follows: (1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; Section 3 . Said chapter is further amended by striking subsection (d) of Code Section 15-11-83, relating to rights of putative fathers, which reads as follows: (d) (1) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. (2) If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceedings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed child-placing agency to expend such additional effort, as the court shall specify, in the identification and location of the putative father and to Page 1575 report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported. (3) If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses. (4) The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to the child's support, nor made any attempt to legitimate the child, and that he did not provide support for the mother, including medical care, either during her pregnancy or during her hospitalization for the birth of the child. (5) (A) If the court finds from the evidence that the putative father either lived with the child, contributed to the child's support, attempted to legitimate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. (B) If the court finds that the conduct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. (C) If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father. (D) At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court Page 1576 shall grant same, if such is in the best interest of the child. (6) The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court., and inserting in its place the following: (d) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. (e) If there is a biological father who is not the legal father of a child and the identity and location of such biological father are known and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified by registered or certified mail, return receipt requested, at his last known address, of the proceedings pursuant to this Code section and the notice shall conform to subsection (g) of this Code section and shall be deemed received upon the date of delivery shown on the return receipt and such father shall have the rights specified in subsection (g) of this Code section and will lose those rights as specified in subsection (h) of this Code section. (f) If there is a biological father who is not the legal father of the child and the identity or location of such biological father is not known, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if she refuses. If the court finds from the evidence: (1) That such biological father has not performed any of the following acts: (A) Lived with the child; (B) Contributed to its support; Page 1577 (C) Made any attempt to legitimate the child; or (D) Provided support for the mother (including medical care) either during her pregnancy or during her hospitalization for the birth of the child, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child. (2) That such biological father has performed any act specified in subparagraph (A) through (D) of paragraph (1) of this subsection, then the court shall determine from the evidence whether such conduct by such biological father was sufficient to establish a familial bond between such biological father and the child. If the court finds that the conduct was: (A) Not sufficient to establish a familial bond, then no further inquiry or notice to such biological father shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child; or (B) Sufficient to establish a familial bond, then the court shall determine from the evidence whether reasonable efforts have been made to identify and locate the father. If the court determines such reasonable efforts: (i) Have not been made, it shall direct the department or licensed child-placing agency to expend such additional effort as the court shall specify in the identification and location of such biological father, and to report the results of the additional efforts to the court, and the court shall continue the hearing until the additional efforts have been expended and the results reported. When the results are reported, if the court finds that reasonable efforts have not been made, it shall order such additional efforts and reports and continue the hearing until those efforts have been expended and reports made, as provided in the preceding provisions Page 1578 of this division, or, if the court finds that reasonable efforts have been made the court shall enter an order as provided in division (ii) of this subparagraph; or (ii) Have been made, the court shall enter an appropriate order designed to afford such biological father notice of the proceeding to terminate, and the notice shall conform to subsection (g) of this Code section and shall be provided and deemed received as provided in subsection (b) of Code Section 19-8-11, but shall not include the name of the legal mother in any public notice to such biological father if his name is known to the court and the court shall continue the hearing and enter an order consistent with subsection (h) of this Code section. (g) When notice is given pursuant to subsection (e) of this Code section or division (2)(B)(ii) of subsection (f) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending. (h) If the biological father who is not the legal father does not file a legitimation petition and give notice as required in subsection (g) of this Code section within 30 days from his receipt of the notice provided for in subsection (e) of this Code section or division (2)(B)(ii) of subsection (f) of this Code section or, if after filing the petition he fails to prosecute it to final judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termination of his rights to the child. Page 1579 Section 4 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (b) of Code Section 19-7-3, relating to original actions for visitation rights of grandparents, and inserting in its place a new subsection to read as follows: (b) Any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, notwithstanding the provisions of Code Section 19-8-19. Section 5 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Chapter 8, relating to adoption, in its entirety and substituting in its place the following: CHAPTER 8 19-8-1. For purposes of this chapter, the term: (1) `Biological father' means the male who impregnated the biological mother resulting in the birth of the child. (2) `Child' means a person who is under 18 years of age and who is sought to be adopted. (3) `Child-placing agency' means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49. (4) `Department' means the Department of Human Resources. (5) `Guardian' means a legal guardian of the person of a child. (6) `Legal father' means a male who: Page 1580 (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of this title; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of this title; or (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22, and who has not surrendered or had terminated his rights to the child. (7) `Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (8) `Parent' means either the legal father or the legal mother of the child. (9) `Petitioner' means a person who petitions to adopt or terminate rights to a child pursuant to this chapter. 19-8-2. (a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption, except such jurisdiction as may be granted to the juvenile courts. (b) All petitions under this chapter shall be filed in the county in which any petitioner resides, except that: (1) Upon good cause being shown, the court of the county of the child's domicile or of the county in which is located any child-placing agency having legal custody of the Page 1581 child sought to be adopted may, in its discretion, allow the petition to be filed in that court; and (2) Any person who has been a resident of any United States Army post or military reservation within this state for six months next preceding the filing of the petition for adoption may file the petition in any county adjacent to the United States Army post or military reservation. 19-8-3. (a) Any adult person may petition to adopt a child if the person: (1) Is at least 25 years of age or is married and living with his spouse; (2) Is at least ten years older than the child; (3) Has been a bona fide resident of this state for at least six months immediately preceding the filing of the petition; and (4) Is financially, physically, and mentally able to have permanent custody of the child. (b) Any adult person, including but not limited to a foster parent, meeting the requirements of subsection (a) of this Code section shall be eligible to apply to the department or a childplacing agency for consideration as an adoption applicant in accordance with the policies of the department or the agency. (c) If a person seeking to adopt a child is married, the petition must be filed in the name of both spouses; provided, however, that, when the child is the stepchild of the party seeking to adopt, the petition shall be filed by the stepparent alone. 19-8-4. (a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted through the department or any child-placing agency only if each such parent and each such guardian: (1) Has voluntarily and in writing surrendered all of his rights to the child to the department or to a child-placing Page 1582 agency as provided in this Code section and the department or agency thereafter consents to the adoption; or (2) Has had all of his rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department or to a child-placing agency for placement for adoption, and the department or agency thereafter consents to the adoption. (b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court. (c) The surrender to the department or to a child-placing agency specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of the department or the agency and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. (d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9. (e) (1) The surrender by a parent or guardian specified in paragraph (1) of subsection (a) of this Code section shall meet the requirements of subsection (a) of Code Section 19-8-26. (2) The biological father who is not the legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (b) of Code Section 19-8-26. (f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. (g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit Page 1583 meeting the requirements of subsection (h) of Code Section 19-8-26. (h) Whenever rights are surrendered to the department or to a child-placing agency, the department or agency representative before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (j) of Code Section 19-8-26. (i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris. (j) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with. 19-8-5. (a) Except as otherwise authorized in this chapter, a child who has any living parent or guardian may be adopted by a third party who is neither the stepparent nor relative of that child, as described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each such living parent and each such guardian has voluntarily and in writing surrendered all of his rights to the child to that third person for the purpose of enabling that person to adopt the child. (b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court. (c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of each petitioner and a notary. The name and address of each person to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. Page 1584 (d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9. (e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (c) of Code Section 19-8-26. (2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. (f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. (g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. (i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris. (j) A copy of each surrender specified in subsection (a) of this Code section, together with a copy of the acknowledgment specified in subsection (f) of this Code section and a copy of the affidavits specified in subsections (g) and (h) of this Code section and the name and address of each person to whom the child is surrendered, shall be mailed, by registered or certified mail, return receipt requested, to the Page 1585 State Adoption Unit Georgia Department of Human Resources Atlanta, Georgia within 15 days from the execution thereof. Upon receipt of the copy the department may commence its investigation as required in Code Section 19-8-16. (k) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date of the surrender; otherwise, except in cases of excusable neglect, the surrender shall operate in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. (l) In any surrender pursuant to this Code section, the provisions of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with. 19-8-6. (a) Except as otherwise authorized in this chapter: (1) A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for purposes of such adoption; or (2) A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, where there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his rights to the child for the purpose of such adoption. Page 1586 (b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court. (c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of the petitioner and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. (d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9. (e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26. (2) The biological father who is not the legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (f) of Code Section 19-8-26. (f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. (g) Whenever the legal mother surrenders her parental rights or consents to the adoption of her child by her spouse pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. (i) A surrender or consent pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of Page 1587 whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris. (j) The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall be as provided in subsection (l) of Code Section 19-8-26. 19-8-7. (a) Except as otherwise authorized in this Code section, a child who has any living parent or guardian may be adopted by a relative who is related by blood or marriage to the child as a grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each such living parent and each such guardian has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his rights to the child for the purpose of enabling that relative and any such spouse to adopt the child. (b) In the case of a child 14 years of age or older, the written consent of the child to his adoption must be given and acknowledged in the presence of the court. (c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a representative of each petitioner and a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. (d) A person signing a surrender pursuant to this Code section shall have the right to withdraw the surrender as provided in subsection (b) of Code Section 19-8-9. (e) (1) The surrender by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26. (2) The biological father who is not the legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. That surrender shall meet the requirements of subsection (f) of Code Section 19-8-26. Page 1588 (f) A surrender of rights shall be acknowledged by the person who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. (g) Whenever the legal mother surrenders her parental rights pursuant to this Code section, she shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. (h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. (i) A surrender pursuant to this Code section may be given by any parent or biological father who is not the legal father of the child sought to be adopted irrespective of whether such parent or biological father has arrived at the age of majority. The surrender given by any such minor shall be binding upon him as if the individual were in all respects sui juris. 19-8-8. A child may be adopted pursuant to the provisions of this chapter based upon: (a) A decree which has been entered pursuant to due process of law by a court of competent jurisdiction outside the United States establishing the relationship of parent and child by adoption between each petitioner and a child born in such foreign country; and (b) The child's having been granted a valid visa by the United States Immigration and Naturalization Service. 19-8-9. (a) In those cases where the legal mother of the child being placed for adoption has herself previously adopted such child, said adoptive mother shall execute, in lieu of the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. (b) A person signing a surrender pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to Page 1589 withdraw the surrender by written notice delivered in person or mailed by registered mail within ten days after signing; and the surrender document shall not be valid unless it so states. The ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday. After ten days, a surrender may not be withdrawn. The notice of withdrawal of surrender shall be delivered in person or mailed by registered mail to the address designated in the surrender document. 19-8-10. (a) Surrender or termination of rights of a parent pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13 where: (1) That child has been abandoned by that parent; (2) That parent cannot be found after a diligent search has been made; or (3) That parent is insane or otherwise incapacitated from surrendering such rights, and the court is of the opinion that the adoption is in the best interests of that child. (b) Surrender of rights of a parent pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13, if that parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed: (1) To communicate or to make a bona fide attempt to communicate with that child; or (2) To provide for the care and support of that child as required by law or judicial decree, Page 1590 and the court is of the opinion that the adoption is for the best interests of that child. (c) Whenever it is alleged by any petitioner that surrender or termination of rights of a parent is not a prerequisite to the filing of a petition for adoption of a child of that parent in accordance with subsection (a) or (b) of this Code section, that parent shall be personally served with a conformed copy of the adoption petition, together with a copy of the court's order thereon specified in Code Section 19-8-13, or, if personal service cannot be perfected, by registered or certified mail, return receipt requested, at this last known address. If service cannot be made by either of these methods that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address. A parent who receives notification pursuant to this paragraph may appear in the pending adoption action and show cuase why such parent's rights to the child sought to be adopted in that action should not be terminated by that adoption. Notice shall be deemed to have been received the date: (1) Personal service is perfected; (2) Of delivery shown on the return receipt of registered or certified mail; or (3) Of the last publication. 19-8-11. (a) (1) In those cases where the department or a child-placing agency has either obtained: (A) The voluntary written surrender of all parental rights from one of the parents or the guardian of a child; or (B) An order of a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child, the department or child-placing agency may in contemplation of the placement of such child for adoption petition the superior court of the county where the child resides to Page 1591 terminate the parental rights of the remaining parent pursuant to this Code section. (2) In those cases where a person who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such person to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child resides to terminate the parental rights of the remaining parent pursuant to this Code section. (3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where: (A) The child has been abandoned by that parent; (B) That parent of the child cannot be found after a diligent search has been made; or (C) That parent is insane or otherwise incapacitated from surrendering such rights, and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child. (b) Whenever a petition is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition, and a copy of the court's order setting forth the date upon which the petition shall be considered or, if personal service cannot be perfected, by registered or certified mail, return receipt requested, at his last known address. If service cannot be made by either of these methods, that parent shall be given notice by publication once a week for three weeks in the official organ of the county where the petition Page 1592 has been filed and of the county of his last known address. A parent who receives notification pursuant to this subsection may appear and show cause why such parent's rights to the child sought to be placed for adoption should not be terminated. Notice shall be deemed to have been received the date: (1) Personal service is perfected; (2) Of delivery shown on the return receipt of registered or certified mail; or (3) Of the last publication. 19-8-12. (a) If there is a biological father who is not the legal father of a child and the identity and location of such biological father are known and he has not executed a surrender as specified in paragraph (2) subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified by registered or certified mail, return receipt requested, at his last known address, that the legal mother of the child has surrendered her parental rights to the child, had her parental rights terminated, has consented to the child's adoption by her spouse, or is a party to a proceeding to terminate her parental rights, and such notice shall be deemed to have been received on the date of delivery shown on the return receipt. (b) If there is a biological father who is not the legal father of the child and the identity or location of such biological father is not known and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 then: (1) Where the rights of a parent or guardian of the child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4, the department or a child-placing agency may file, under the authority of this paragraph, a petition to terminate such biological father's rights to the child, with the superior court of the county where the child resides; (2) Where the rights of a parent or guardian of the child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7 or a consent to Page 1593 adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, the petitioner shall file, under the authority of this paragraph, with the superior court either a motion, if a petition for adoption of the child has previously been filed with the court, or a petition, to terminate such biological father's rights to the child; and (3) Where a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from such filing, conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable, in making its determination pursuant to this paragraph. If the court finds from the evidence: (A) That such biological father has not performed any of the following acts: (i) Lived with the child; (ii) Contributed to its support; (iii) Made any attempt to legitimate the child; or (iv) Provided support for the mother (including medical care) either during her pregnancy or during her hospitalization for the birth of the child, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child. (B) That such biological father has performed any act specified in divisions (i) through (iv) of subparagraph (A) of this paragraph, then the court shall determine from the evidence whether such conduct by such biological father was sufficient to establish a familial bond between such biological father and the child. If the court finds that the conduct was: Page 1594 (i) Not sufficient to establish a familial bond, then no further inquiry or notice to such biological father shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child; or (ii) Sufficient to establish a familial bond, then the court shall determine from the evidence whether reasonable efforts have been made to identify and locate the father. If the court determines such reasonable efforts: (I) Have not been made, it shall direct the person or entity filing the petition or motion pursuant to this subsection to expend such additional effort as the court shall specify in the identification and location of such biological father and to report the results of the additional efforts to the court, and the court shall continue the hearing until the additional efforts have been expended and the results reported. When the results are reported, if the court finds that reasonable efforts have not been made, it shall order such additional efforts and reports made, as provided in the preceding provisions of this subdivision, or, if the court finds that reasonable efforts have been made, the court shall enter an order as provided in subdivision II of this division; or (II) Have been made, the court shall enter an appropriate order designed to afford such biological father notice of the surrender, termination, consent to adopt, or proceeding to terminate, and the notice shall conform to subsection (c) of this Code section and shall be provided and deemed received as provided in subsection (b) of Code Section 19-10-11, but shall not include the name of the legal mother in any public notice to such biological father if his name is known to the court and the court shall continue the hearing and enter an order consistent with subsection (d) of this Code section. Page 1595 (c) When notice is to be given pursuant to subsection (a) or (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father. (d) If the biological father who is not the legal father does not file a legitimation petition and give notice as required in subsection (c) of this Code section within 30 days from his receipt of the notice provided for in subsection (a) or (b) of this Code section or, if after filing the petition he fails to prosecute it to final judgment, he loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the adoption and is not entitled to receive further notice of the adoption. (e) If the child is legitimated by his biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7. 19-8-13. (a) The petition for adoption, duly verified, together with one conformed copy thereof, must be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines: (1) The petition shall set forth: (A) The name, age, and place of residence of each petitioner; (B) The name by which the child is to be known should the adoption ultimately be completed; (C) The date of birth and the sex of the child; Page 1596 (D) The date and circumstances of the placement of the child with each petitioner; (E) Whether the child is possessed of any property and, if so, a full and complete description thereof; (F) Whether the child has one or both parents or his biological father who is not the legal father living; and (G) Whether the child has a guardian. (2) Where the adoption is pursuant to subsection (a) of Code Section 19-8-4 the following shall be provided or attached or its absence explained when the petition is filed: (A) An affidavit from the department or a childplacing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with; (B) The written consent of the department or agency to the adoption; (C) A copy of the appropriate form verifying the allegation of compliance with the requirements of Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and (D) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department. (3) Where the adoption is pursuant to subsection (a) of Code Section 19-8-5, the following shall be provided or attached or its absence explained when the petition is filed: (A) The written voluntary surrender of each parent or guardian specified in subsection (e) of Code Section 19-8-5; (B) The written acknowledgement of surrender specified in subsection (f) of Code Section 19-8-5; Page 1597 (C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-5; (D) Allegations of compliance with Code Section 19-8-12; (E) Allegations of compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; (F) The accounting required by the provisions of subsection (c) of this Code section; (G) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the marriage of each petitioner, the divorce or death of each parent of the child sought to be adopted, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and (H) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department. (4) Where the adoption is pursuant to subsection (a) of Code Section 19-8-6, the following shall be provided or attached or its absence explained when the petition is filed: (A) The written voluntary surrender of the parent or guardian specified in subsection (e) of Code Section 19-8-6; (B) The written acknowledgment of surrender specified in subsection (f) of Code Section 19-8-6; (C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-6; (D) The consent specified in subsection (j) of Code Section 19-8-6; Page 1598 (E) Allegations of compliance with Code Section 19-8-12; (F) Copies of appropriate certificates verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and (G) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department. (5) Where the adoption is pursuant to subsection (a) of Code Section 19-8-7, the following shall be provided or attached or its absence explained when the petition is filed: (A) The written voluntary surrender of each parent specified in subsection (e) of Code Section 19-8-7; (B) The written acknowledgement of surrender specified in subsection (f) of Code Section 19-8-7; (C) The affidavits specified in subsections (g) and (h) of Code Section 19-8-7; (D) Allegations of compliance with Code Section 19-8-12; (E) Copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the birth of the child sought to be adopted, the marriage of each petitioner, and the divorce or death of each parent of the child sought to be adopted; and (F) A completed form containing background information regarding the child to be adopted, as required by the adoption unit of the department. Page 1599 (6) (A) Where the adoption is pursuant to Code Section 19-8-8, the following shall be provided or attached or its absence explained when the petition is filed: (i) A certified copy of the final decree of adoption from the foreign country along with a verified English translation. The translator shall provide a statement regarding his qualification to render the translation, his complete name, and his current address. Should the current address be a temporary one, his permanent address shall also be provided; (ii) A verified copy of the visa granting the child entry to the United States; (iii) A certified copy along with a verified translation of the child's amended birth certificate or registration showing each petitioner as parent; and (iv) A copy of the home study which was completed for United States Immigration and Naturalization Service. (B) It is not necessary to file copies of surrenders or termination on any parent or biological father who is not the legal father when the petition is filed pursuant to subsection (a) of Code Section 19-8-8. (7) Where Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition; but any petitioner shall allege facts demonstrating the applicability of Code Section 19-8-10 and shall allege compliance with subsection (c) of Code Section 19-8-10. (8) If the petition is filed in a county other than that of the petitioners' residence, the reason therefor must also be set forth in the petition. (b) At the time of filing the petition, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; Page 1600 the fees shall be those established by Code Sections 15-6-77 and 15-6-77.1. (c) Each petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file with the petition, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with: (1) The birth of the minor; (2) Placement of the minor with the petitioner; (3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; and (4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person. (d) Every attorney for a petitioner in any proceeding for the adoption of a minor pursuant to the provisions of Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that if the attorney received or is to receive less than $500.00, the affidavit need only state that fact. (e) Any report made under this Code section must be signed and verified by the individual making the report. (f) Whenever a petitioner is a blood relative of the child to be adopted and a grandparent other than the petitioner has visitation rights to the child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for Page 1601 adoption to be served upon the grandparent with the visitation rights or upon such person's counsel of record. 19-8-14. Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-8-10. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. 19-8-15. If the child sought to be adopted has no legal father or legal mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition and the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court. 19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the department, through its own agents, through one of its childplacing agencies, or through any other agent appointed by the department, to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including a criminal records check of each petitioner, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. If for any reason the department finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the commissioner of human resources to notify the Page 1602 court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the entire matter investigated. (b) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the department is authorized, but not required, to make an investigation and shall do so whenever requested by the court, in whatever form the court specifies. (c) If the petition has been filed pursuant to subsection (a) of Code Section 19-8-8, an investigation by the department shall not be required. 19-8-17. (a) The report and findings of the investigating agency shall include, among other things, the following: (1) Verification of allegations contained in the petition; (2) Circumstances under which the child came to be placed for adoption; (3) Whether each proposed adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account; (4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority; (5) Whether or not the adoption is in the best interests of the child, including his general care; (6) Suitability of the home to the child; (7) If applicable, whether the identity and location of the biological father who is not the legal father are known Page 1603 or ascertainable and whether the requirements of Code Section 19-8-12 were complied with; and (8) Any other information that might be disclosed by the investigation that would be of any value or interest to the court in deciding the case. (b) If the report of the department or the child-placing agency disapproves of the adoption of the child, motion may be made by the department or by the child-placing agency to the court to dismiss the petition and the court after hearing is authorized to do so. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Georgia Court of Appeals or Supreme Court, as in other cases, as provided by law. (c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county. 19-8-18. (a) (1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained therein. (2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition, it shall: (A) Determine that an appropriate order has previously been entered; Page 1604 (B) Enter an order consistent with Code Section 19-8-12; or (C) Continue the hearing until Code Section 19-8-12 is complied with. (3) If the adoption petition is filed pursuant to subsection (a) of Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the `inducement' of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his discretion deems appropriate. (b) If the court is satisfied that each living parent or guardian of the child has surrendered or had terminated all his rights to the child in the manner provided by law prior to the filing of the petition for adoption or that each petitioner has satisfied his burden of proof under Code Section 19-8-10, that such petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child, that the child is suitable for adoption in a private family home, and that the adoption requested is for the best interest of the child, it shall enter a decree of adoption, terminating all the rights of each parent and guardian to the child, granting the permanent custody of the child to each petitioner, naming the child as prayed for in the petition, and declaring the child to be the adopted child of each petitioner. In all cases wherein Code Section 19-8-10 is relied upon by any petitioner as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the applicability of Code Section 19-8-10. (c) If the court determines that any petitioner has not complied with this chapter, it may dismiss the petition for adoption without prejudice or it may continue the case. Should the court find that any notice required to be given by any petitioner Page 1605 under this chapter has not been given or has not been properly given or that the petition has not been properly filed, the court is authorized to enter an order providing for corrective action and an additional hearing. (d) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition. If the petition is denied because of such reason or for any other reason under law, the court shall commit the child to the custody of the department or to a child-placing agency, if the petition was filed pursuant to Code Section 19-8-4 or 19-8-5. If the petition was filed pursuant to Code Section 19-8-6, 19-8-7, or 19-8-8, the child shall remain in the custody of each petitioner if that petitioner is fit to have custody or the court may place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15. 19-8-19. (a) A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state: (1) Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption terminates all legal relationships between the adopted individual and his relatives, including his parent, so that the adopted individual thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and (2) A decree of adoption creates the relationship of parent and child between each petitioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under the provisions of any instrument of testamentary gift, bequest, devise, or Page 1606 legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a `child' of that petitioner under a class gift made by the will of a third person. (b) Notwithstanding the provisions of subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order or unrevoked surrender of parental rights to the child, the child's right of inheritance from or through the deceased parent shall not be affected by the adoption. 19-8-20. (a) Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or revocation of the adoption a copy of same in like manner shall be forwarded by the clerk to the department. (b) At any time after the entry of the decree of adoption, upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in Code Sections 15-6-77 and 15-6-77.1, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate. (c) The adoption certificate shall be in substantially the following form: This is to certify that(names of each adopting parent) have obtained a decree of adoption for(full name of adopted child) in the Superior Page 1607 Court ofCounty, Georgia, on theday of, as shown by the court's records. Given under the hand and seal of said court, this theday of, . 19-8-21. (a) Adult persons may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with two conformed copies, in the superior court in the county in which either any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his written consent to the adoption. The court may assign the petition for hearing at any time. After examining each petitioner and the adult sought to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the relation of parent and child. (b) Code Section 19-8-19, relating to the effect of a decree of adoption, and Code Section 19-8-20, relating to notice of adoption, shall also apply to the adoption of adults. 19-8-22. (a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4, 19-8-5, 19-8-6, 19-8-7, and 19-8-12. Page 1608 (b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended. (c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provisions of subsection (a) of this Code section are applicable shall be governed by the provisions of subsection (a) of this Code section, as amended. 19-8-23. (a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with not less than 30 days' after receipt of written notice to the department and the appropriate child-placing agency, the matter has come on before the court in chambers and good cause having been shown to the court and the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the Page 1609 notice was sent and show cause why such records should not be examined. Each such adoptive parent shall have the right to appear in person or through counsel. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to: Adoption Unit Department of Human Resources Atlanta, Georgia (b) The department or the child-placing agency may, in its sole discretion, make use of any information contained in the records of the respective department or agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents or to provide notice when required by subsection (a) of this Code section. (c) The department or the child-placing agency may, in its sole discretion, make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child, or when the information is required by federal law. (d) Upon the request of a party at interest in the adoption or of a provider of medical services to such a party when certain information is necessary because of a medical emergency or for medical diagnosis or treatment, the department or child-placing agency may, in its sole discretion, petition the Superior Court of Fulton County to obtain access to its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or to release nonidentifying medical information contained in its records on such adopted persons. (e) Records relating in any manner to adoption shall not be open to the general public for inspection. (f) (1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term: Page 1610 (A) `Commissioner' means the commissioner of the Department of Human Resources or that person's designee. (B) `Department' means the Department of Human Resources or, when the Department of Human Resources so designates, the county department of family and children services which placed for adoption the person seeking, or on whose behalf is sought, information under this subsection. (C) `Placement agency' means the child-placing agency, as defined in paragraph (3) of Code Section 19-8-1, which placed for adoption the person seeking or on whose behalf is sought information under this subsection. (D) `Biological parent' means the biological mother or biological father who surrendered that person's rights or had such rights terminated by court order giving rise to the adoption of the child. (2) The department or a placement agency, upon the written request of an adopted person who has reached 21 years of age or upon the written request of an adoptive parent on behalf of that parent's adopted child under 21 years of age, shall release to such adopted person or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted person's biological parents and information regarding such adopted person's birth. Such information may include the date and place of birth of the adopted person and the genetic, social, and health history of the biological parents. No information released pursuant to this subsection shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of the biological parent. (3) The department or a placement agency upon written request of an adopted person who has reached 21 years of age shall release to such adopted person the name of such person's biological parent if: Page 1611 (A) The biological parent whose name is to be released has submitted unrevoked written permission to the department or the placement agency for the release of that parent's name to the adopted person; (B) The identity of the biological parent submitting permission for the release of that parent's name has been verified by the department or the placement agency; and (C) The department or the placement agency has records pertaining to the finalized adoption and to the identity of the biological parent whose name is to be released. (4) (A) If a biological parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or the placement agency, within six months of receipt of the written request of the adopted person who has reached 21 years of age, shall make diligent effort to notify each biological parent identified in the original adoption proceedings or in other records of the department or the placement agency relative to the adopted person. For purposes of this subparagraph, `notify' means a personal and confidential contact with each biological parent named on the original birth certificate of the adopted person. The contact shall not be by mail and shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the person who notified each parent certifying to the department that each parent was given the following information: (i) The nature of the information requested by the adopted person; (ii) The date of the request of the adopted person; (iii) The right of each biological parent to file within 60 days of receipt of the notice an affidavit Page 1612 with the placement agency or the department stating that such parent's identify should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department at any time; and (v) The effect of a failure of each biological parent to file either a consent to disclosure or an affidavit stating that the information in the original birth certificate or sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parent's identity, such parent's name shall be released to the adopted child who has requested such information as authorized by this paragraph. (C) If, subsequent to being notified by the department or placement agency, a biological parent has not filed an unrevoked consent to the disclosure of that parent's identity at any time within six months after the written request for such information is received by the department or placement agency or such parent has filed with the department or placement agency within 60 days after notice to such person of the request for such information an affidavit objecting to such release, whichever occurs later, that information regarding that biological parent will not be released. (D) (i) If the director of a placement agency or the commissioner certifies that the placement agency or department has been unable to notify a parent identified in the original adoption record within six months after receipt of the adopted person's written request and if neither identified biological parent has at any time filed an unrevoked consent to disclosure with the placement agency or the department, the identity of a biological parent may only be disclosed as provided in division (ii) of this subparagraph. Page 1613 (ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person's biological parent from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph without success and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person. (5) (A) Upon written request of an adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person, the department or a placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party's sibling, the department or the placement agency shall notify the sibling of the inquiry. Upon the written consent of the sibling so notified, the department or the placement agency shall forward the requesting party's name and address to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If the sibling is deceased or cannot be identified or located, the department or the placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. (B) The adopted person who has reached 21 years of age or a person who has reached 21 years of age and who is the sibling of an adopted person may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, that are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph Page 1614 (A) of this paragraph without success and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (6) The Division of Family and Children Services Adoption Unit within the department shall maintain a registry for the recording of requests by adopted persons for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent's identity to an adopted person upon the adopted person's request, and for nonidentifying information regarding any biological parent which may be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with that unit. (7) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection not to exceed a fee of $250.00 together with approved reasonable and necessary out-of-pocket expenses. (8) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted person who has reached 21 years of age, any information which is not kept by the department or the placement agency in its normal course of operations relating to adoption. (9) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil or criminal liability for such release of information or authorized contacts. (10) Information authorized to be released pursuant to this subsection may be released under the conditions Page 1615 specified in this subsection notwithstanding any other provisions of law to the contrary. (11) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent or sibling under subparagraph (A) of paragraph (4) of this subsection or subparagraph (A) of paragraph (5) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The department's determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 19-8-24. (a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to: (1) Advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or (2) Directly or indirectly, hold out inducements to parents to part with their children. As used in this subsection, `inducements' shall include any financial assistance, either direct or indirect, from whatever source, except payment or reimbursement of the medical expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child. (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 not to exceed $10,000.00 or imprisoned for not more than ten years, or both, in the discretion of the court. Page 1616 (c) Nothing in this Code section shall make unlawful personal communications by an individual seeking to adopt a child or children by the individual. 19-8-25. A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to satisfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this chapter must be complied with. 19-8-26. (a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, being solicitous that my (male) (female) child, born ( insert name of child ) on ( insert birthdate of child ), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, ( insert relationship to child ) of the aforesaid child, do hereby surrender the child to ( insert name of child-placing agency or Department of Page 1617 Human Resources, as applicable ) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of child-placing agency or Department of Human Resources, as applicable ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. Furthermore, I hereby agree that the ( insert name of child-placing agency or Department of Human Resources, as applicable ) may seek for the child a legal adoption by such person or persons as may be chosen by the ( insert name of child-placing agency or Department of Human Resources, as applicable ) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources or the child-placing agency is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of child-placing agency or Department of Human Resources, as applicable ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Page 1618 Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of, . (b) The surrender of rights by a biological father who is not the legal father pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4 shall conform following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, biological father of a (male) (female) child, born ( insert name of child ) to ( insert name of mother ) on ( insert birthdate of child ), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) Page 1619 may be fitted for the requirements of life, consent to this surrender. I, the undersigned, do hereby surrender the child to ( insert name of child-placing agency or Department of Human Resources, as applicable ) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of child-placing agency or Department of Human Resources, as applicable ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child. Furthermore, I hereby agree that the ( insert name of child-placing agency or Department of Human Resources, as applicable ) may seek for the child a legal adoption by such person or persons as may be chosen by the ( insert name of child-placing agency or Department of Human Resources, as applicable ) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources or the child-placing agency is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department or agency in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of child-placing agency or Department of Human Resources, as applicable ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then Page 1620 the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of, . (c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. Page 1621 I, the undersigned, being solicitous that my (male) (female) child, born ( insert name of child ), on ( insert birthdate of child ), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, ( insert relationship to child ) of the aforesaid child, do hereby surrender the child to ( insert name of each person to whom surrender is made ), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of each person to whom surrender is made ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, then I do hereby surrender the child to the Department of Human Resources for placement for adoption; and the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources is required to conduct an investigation and render a report to the court in Page 1622 connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such department in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of agent of each person to whom surrender is made ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of,. (d) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of Page 1623 subsection (e) of Code Section 19-8-5 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, biological father of a (male) (female) child, born ( insert name of child ) to ( insert name of mother ) on ( insert birthdate of child , being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, do hereby surrender the child to ( insert name of each person to whom surrender is made ), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of each person to whom surrender is made ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child. Page 1624 It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption filed as provided for above within the 60 day period, other than for excusable neglect, then I do hereby surrender the child to the Department of Human Resources for placement for adoption; and the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other person as may be chosen by the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of agent of each person to whom surrender is made ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution Page 1625 of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of,. (e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, being solicitous that my (male) (female) child, born ( insert name of child ), on ( insert birthdate of child ), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. Page 1626 I, the undersigned, ( insert relationship to child ) of the aforesaid child, do hereby surrender the child to ( insert name of each person to whom surrender is made- and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of each person to whom surrender is made ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. Furthermore, I hereby agree that ( insert name of each person to whom surrender is made ) may initiate legal proceedings for the legal adoption of the child without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources may be required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of each person to whom surrender is made ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution Page 1627 of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of,. (f) The surrender of rights by a biological father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form: SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it. I, the undersigned, biological father of a (male) (female) child, born ( insert name of child ) to ( insert name of mother ) on ( insert birthdate of child ), being solicitous that said child should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. Page 1628 I, the undersigned, do hereby surrender the child to ( insert name of each person to whom surrender is made ), and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ( insert name of each person to whom surrender is made ) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all control over the child. Furthermore, I hereby agree that ( insert name of each person to whom surrender is made ) may initiate legal proceedings for the legal adoption of the child, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law the Department of Human Resources may be required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with the department in the conduct of its investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of each person to whom surrender is made ) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution Page 1629 of this surrender document and do so freely and voluntarily. Witness my hand and seal thisday of, . (g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, shall conform substantially to the following form: ACKNOWLEDGMENT OF SURRENDER OF RIGHTS By execution of this paragraph, the undersigned expressly acknowledges: (A) That I have read the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION relating to said minor child born ( insert name of child ), a (male) (female) on ( insert birthdate of child ); (B) That I understand that this is a full, final, and complete surrender, release, and termination of all of my rights to the child; (C) That I have unconditional right to revoke the surrender by giving written notice, delivered in person or mailed by registered mail, to ( insert name and address of each person or entity to whom surrender is made ) not later than ten days from the date of the surrender and that after such ten-day period I shall have no right to revoke the surrender; Page 1630 (D) That the ten days shall be counted consecutively beginning with the day immediately following the date the surrender is executed, however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday. (E) That I have read the accompanying surrender and received a copy thereof; (F) That any and all questions regarding the effect of said surrender and its provisions have been satisfactorily explained to me; (G) That I have been afforded an opportunity to consult with counsel of my choice prior to execution of the surrender; and (H) That the surrender of my rights has been knowingly, intentionally, freely, and voluntarily made by me. Witness my hand and seal thisday of, . (h) The affidavit of a legal mother required by subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall meet the following requirements: (1) The affidavit shall set forth: (A) Her name; Page 1631 (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The identity and last known address of any spouse or former spouse; (F) The identity, last known address, and relationship of the biological father to her child, provided that the mother shall have the right not to disclose the name and address of the biological father of her child should she so desire; (G) Whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support (including medical care) during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and (H) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the mother need only state the nature of the assistance received; and (2) The affidavit shall conform substantially to the following form: MOTHER'S AFFIDAVIT NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its father's rights Page 1632 properly determined. You have the right not to disclose the name and address of the biological father of your child; however, should you decline to provide such information, understand that you may be required to appear in court to explain your refusal or that your name may be used in connection with the publication of notice to the biological father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child. STATE OF GEORGIA COUNTY OF Personally appeared before me, the undersigned officer duly authorized to administer oaths, , who, after having been sworn, deposes and says as follows: That my name is. That I am the mother of a (male) (female) child born ( insert name of child ) in the State of, County ofon ( insert birthdate of child ). That I amyears of age, having been born in the State of, County ofon. That my marital status is (check the status and complete the appropriate information): () Single, never having been married. () Separated but not legally divorced; the name of my spouse is; his last known address is; we were married in the State of, County ofon; we have been separated since; we last had sexual relations on. Page 1633 () Divorced; the name of my previous spouse is; we were married in the State of, County ofon; his last known address is; divorce granted in the State of, County ofon. () Legally married; the name of my spouse is; we were married in the State of, County ofon; and his last known address is. () Married through common-law marriage relationship; the name of my spouse is; his address is; the date and place our relationship began is ( insert date, county, state ). () Widowed; the name of my deceased spouse is; we were married in the State of, County ofon; and he died onin the County of, State of. That the name and last known address of the biological father of my child is (complete appropriate response): Known to me and is ( insert name and last known address ); Known to me but I expressly decline to identify him or provide his address because; or Unknown to me because (explain in detail) Page 1634 That the child's biological father, whether or not identified herein (strike each inappropriate phrase): (Was) (Was not) married to me at the time the child was conceived or was born, and his paternity (has) (has not) been disproved by a final paternity order of a court; (Did) (Did not) marry me after the child was born and recognize the child as his own, and his paternity (has) (has not) been disproved by a final paternity order of a court; (Has) (Has not) been determined to be the child's father by a final paternity order of a court; and (Has) (Has not) legitimated the child by a final court order. That the biological father of my child (strike the inappropriate phrase): (Has) (Has not) lived with the child; (Has) (Has not) contributed to its support; (Has) (Has not) provided for my support (including medical care) during my pregnancy or hospitalization for the birth of the child; and (Has) (Has not) made any attempt to legitimate the child. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of my child, and its placement for adoption:. Page 1635 That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing. Sworn to and subscribed before me this day of, . (i) The affidavit of an adoptive mother required by subsection (a) of Code Section 19-8-9 for the surrender of her rights shall meet the following requirements: (1) The affidavit shall set forth: (A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The name and last known address of any spouse at the time the child was adopted and whether any such spouse also adopted the child or was the biological father of the child; (F) The circumstances surrounding her adoption of her child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any; and (G) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of her child for adoption (including the date, amount or value, description, Page 1636 payor, and payee), provided that financial assistance provided directly by the adoptive mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead the adoptive mother need only state the nature of the assistance received. (2) The affidavit shall be in substantially the following form: ADOPTIVE MOTHER'S AFFIDAVIT NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its legal father's rights properly terminated. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child. STATE OF GEORGIA COUNTY OF Personally appeared before me, the undersigned officer duly authorized to administer oaths,, who, after having been sworn, deposes and says as follows: That my name is. That I am the adoptive mother of a (male) (female) child born ( insert name of child ) in the State of, County ofon ( insert birthdate of child ). That I amyears of age, having been born in the State of, County ofon. That my marital status is (check the status and complete the appropriate information): Page 1637 () Single, never having been married. () Separated but not legally divorced; the name of my spouse is; his last known address is; we were married in the State of, County ofon; we have been separated since; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child. () Divorced; the name of my previous spouse is; we were married in the State of, County ofon; his last known address is; divorce granted in the State of, County ofon; my previous spouse (did) (did not) also adopt said child; my previous spouse (is) (is not) the biological father of said child. () Legally married; the name of my spouse is; we were married in the State of, County ofon; his last known address is; my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child. () Married through common-law marriage relationship; the name of my spouse is; his address is; the date and place our relationship began is ( date, county, state ); my spouse (did) (did not) also adopt said child; my spouse (is) (is not) the biological father of said child. () Widowed; the name of my deceased spouse is; we were married in the State of, County ofon; he died onin the County of, State of; he (did) (did not) Page 1638 also adopt said child; and he (was) (was not) the biological father of said child. That I adopted my child in the State of, County of; That the final order of adoption was entered on; That there (was) (was not) an adoption agency involved in the placement of my child with me for adoption; and if so its name was, and its address is. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my child's placement for adoption: . That I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing. Sworn to and subscribed before me this day of, . (j) The affidavit of an agency or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form: AFFIDAVIT OF AGENCY OR DEPARTMENT REPRESENTATIVE Page 1639 Personally appeared before me, the undersigned officer duly authorized to administer oaths,, who, after having been sworn, deposes and says as follows: That I am (position) of (department or agency). That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born ( insert name of child ) on ( insert birthdate of child ), I reviewed with and explained to said individual all of the provisions of the surrender, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child. That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION. Sworn to and subscribed before me thisday of, . (k) The affidavit of a petitioner's representative required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form: AFFIDAVIT OF PETITIONER'S REPRESENTATIVE Personally appeared before me, the undersigned officer duly authorized to administer oaths,, who, after having been sworn, deposes and says as follows: Page 1640 That my name is. That my address is. That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by, releasing and surrendering all of (his) (her) rights in a (male) (female) minor child born ( insert name of child ) on ( insert birthdate of child ), I reviewed with and explained to said individual all of the provisions of the surrender, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child. That based on my review and explanation to said individual, it is my opinion that said individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION. Sworn to and subscribed before me thisday of, . (l) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form: PARENTAL CONSENT TO STEPPARENT ADOPTION I, the undersigned, hereby consent that my spouse ( insert name of spouse ) adopt my (son) (daughter), ( insert name of child ), whose date of birth is, and in so doing I in no way relinquish or surrender my parental rights to the child. Page 1641 I further acknowledge service of a copy of the petition for adoption of the child as filed on behalf of my spouse, and I hereby consent to the granting of the prayers of the petition. I also waive all other and further service and notice of any kind and nature in connection with the proceedings. Thisday of, . Section 6 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (d) of Code Section 33-24-22, relating to health insurance coverage for newly born or adopted children, and inserting in its place a new subsection to read as follows: (d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-21, relating to the adoption of adult persons. Section 7 . This Act shall become effective on July 1, 1990. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. Page 1642 LOCAL GOVERNMENTTRAINING OF ELECTED OFFICIALS. Code Title 36, Chapters 20 and 45 Enacted. No. 1372 (House Bill No. 1442). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to add a new Chapter 20 to be entitled the Georgia County Leadership Act; to provide for legislative intent; to provide for definitions; to provide that elected members of county governing authorities shall attend a training seminar on local government matters; to provide that expenses shall be paid from public funds; to provide for a leadership academy; to provide for dates of the seminar; to provide for a board of directors of the academy; to provide for procedures relative to the running of the academy; to add a new Chapter 45 to be entitled the Georgia Municipal Training Act; to provide for legislative intent; to provide for definitions; to provide that elected members of municipal governing authorities shall attend a training seminar on local government matters; to provide that expenses shall be paid from public funds; to provide for a training institute; to provide for a board of directors of the institute; to provide for procedures relative to the administration of the institute; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 20 to be entitled the Georgia County Leadership Act and to read as follows: CHAPTER 20 36-20-1. This chapter shall be known and may be cited as the `Georgia County Leadership Act.' 36-20-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require Page 1643 newly elected members of a county governing authority, prior to taking office, to attend a course of training and education on matters pertaining to the administration and operation of county government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust. 36-20-3. As used in this chapter, the term: (1) `Academy' means the Georgia County Leadership Academy. (2) `Board' means the Board of the Georgia County Leadership Academy. (3) `County governing authority' means the governing authority as defined in paragraph (7) of Code Section 1-3-3 and an elected chief executive officer of a county. (4) `State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. 36-20-4. (a) All persons elected as members of a county governing authority who were not serving as members of a county governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education of at least 18 hours on matters pertaining to the administration and operations of county governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety, health, and welfare; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a county governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the academy. (b) All expenses incurred by a newly elected member of a county governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for Page 1644 such purposes. All expenses not paid for by state funds shall be paid from county funds by the county governing authority whose newly elected member or members shall attend such course. 36-20-5. (a) There is created and established the Georgia County Leadership Academy. Except as otherwise provided in Code Section 36-20-4, all costs of operating and conducting the academy shall be paid for from public funds appropriated for such purposes. (b) The academy shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-20-4. (c) The initial course of training and education required by Code Section 36-20-4 shall be conducted by the academy on the Tuesday after the first Monday in November of 1990 and completed before January 1, 1991. Subsequent courses shall be conducted by the academy biennially between the Tuesday after the first Monday in November and before January 1 of the following year or as otherwise changed by general law. The academy shall have sole responsibility for determining the exact date or dates the course of training and education shall be conducted. (d) The academy shall establish guidelines and procedures to permit any person elected or appointed as a member of a county governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the academy due to medical disability, providential cause, or any other reason deemed sufficient by the academy, to comply with the requirements of Code Section 36-20-4. (e) The academy shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law. 36-20-6. (a) The academy shall be under the direction and supervision of the board of the Georgia County Leadership Academy. The board shall have the power and duty to organize, administer, control, oversee, and advise the academy so that Page 1645 the academy is operated in accordance with the provisions of this article. (b) The academy is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3. 36-20-7. The board shall consist of seven members and shall be composed of the commissioner of the Department of Community Affairs, the director of the Carl Vinson Institute of Government of the University of Georgia, the administrator of Governmental Training of the Carl Vinson Institute of Government of the University of Georgia, the president of the Association County Commissioners of Georgia, the executive director of the Association County Commissioners of Georgia, and two members appointed by the Governor. Members of the board appointed by the Governor shall serve for four-year terms. 36-20-8. (a) The board may accept appropriations, grants, gifts, donations, or contributions 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, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and academy. (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. 36-20-9. On or before February 1 of each year, the director of the Carl Vinson Institute of Government, on behalf of the board, shall make a report to the Governor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the academy during the Page 1646 preceding calendar year, including, but not limited to, the total number of members of a county governing authority who attended the course of training and education offered by the academy; an outline of the academy's programs for the current calendar year; an evaluation of the programs and services offered by the academy; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the academy. Section 2 . Said title is further amended by adding a new Chapter 45 to be entitled the Georgia Municipal Training Act and to read as follows: CHAPTER 45 36-45-1. This chapter shall be known and may be cited as the `Georgia Municipal Training Act.' 36-45-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the administration and operation of municipal government during a period prescribed by the board. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities of their positions of public trust. 36-45-3. As used in this chapter, the term: (1) `Board' means the Board of the Georgia Municipal Training Institute. (2) `Institute' means the Georgia Municipal Training Institute. (3) `Municipal governing authority' means the governing authority of a municipal corporation. (4) `State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof. (5) `Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia. Page 1647 36-45-4. (a) All persons elected as members of a municipal governing authority who were not serving as members of a municipal governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education on matters pertaining to the administration and operations of municipal governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a municipal governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the board. (b) All expenses incurred by a newly elected member of a municipal governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs of housing, travel, and meals, shall be paid from public funds appropriated for such purposes. All expenses not paid for by state funds shall be paid from municipal funds by the municipal governing authority whose newly elected member or members shall attend such course. 36-45-5. (a) There is created and established the Georgia Municipal Training Institute. Except as otherwise provided in Code Section 36-45-4, all costs of operating and conducting the institute shall be paid for from public funds appropriated for such purposes. (b) The board shall have the power, duty, and authority to design, implement, and administer the course of training and education required by Code Section 36-45-4. (c) The course of training and education required by Code Section 36-45-4 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the board. (d) The board shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar Page 1648 year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by the board, to comply with the requirements of Code Section 36-45-4. (e) The board shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law. 36-45-6. (a) The institute shall be under the direction and supervision of the board of the Georgia Municipal Training Institute. The board shall have the power and duty to organize and advise the institute so that the institute is operated in accordance with the provisions of this article. (b) The institute is assigned to the Department of Community Affairs for administrative purposes only, as prescribed in Code Section 50-4-3. 36-45-7. The board shall consist of seven members and shall be composed of the commissioner or designee of the Department of Community Affairs, the director of the Carl Vinson Institute of Government or designee of the University of Georgia, the president or designee of the Georgia Municipal Association, the executive director or designee of the Georgia Municipal Association, and three members appointed by the Governor from a list of not less than five names submitted by the president of the Georgia Municipal Association. Members of the board appointed by the Governor shall serve for two-year terms. 36-45-8. (a) The board, on behalf of the institute, may accept appropriations, grants, gifts, donations, or contributions 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, firm, or corporation, public or private; and any individual or groups of individuals in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board and institute. Page 1649 (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. 36-45-9. On or before February 1 of each year, the board shall file a report to the Governor, the chairman of the Senate Urban and County Affairs Committee, and the chairman of the State Planning and Community Affairs Committee of the House of Representatives. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of a municipal governing authority who attended the course of training and education offered by the institute; an outline of the institute's programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. Page 1650 ANIMALSGEORGIA ANIMAL PROTECTION ACT; STABLES; LICENSES; QUARANTINE. Code Sections 4-11-2 and 4-11-3 Amended. Code Section 4-11-9.1 Enacted. No. 1373 (House Bill No. 1366). AN ACT To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Animal Protection Act, so as to change the definition of the term stable; to change the provisions relating to licenses for pet dealers and kennels, stables, or animal shelter operators; to provide for additional license fees for certain persons; to provide for quarantine of animals in premises and areas under certain conditions; to provide for the issuance and enforcement of written or printed stop sale, stop use, or stop movement orders; to provide that it shall be unlawful for any person to sell, use, or remove any animal in violation of any quarantine or stop sale, stop use, or stop movement order; 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 11 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Animal Protection Act, is amended by striking paragraph (9) of Code Section 4-11-2, relating to definitions, which reads as follows: (9) `Stable' means any building, structure, or enclosure used for the lodging and feeding of equines at which: (A) Such equines are made available to the public for riding and a fee is charged for the use of such equines; or (B) A fee is charged by the stable operator for the boarding or feeding of such equines., and inserting in lieu thereof a new paragraph (9) to read as follows: Page 1651 (9) `Stable' means any building, structure, pasture, or other enclosure where equine are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines. Section 2 . Said chapter is further amended by adding at the end of Code Section 4-11-3, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, a new subsection (e) to read as follows: (e) Notwithstanding the provisions of subsection (c) of this Code section, the license fees fixed pursuant to subsection (c) of this Code section shall be increased by 100 percent for the renewal of any license which is not renewed within ten days following the expiration date of the license or for the issuance of a new license to any person who has failed to apply for a license within ten days following the date on which written notice of the need for such license has been given to such person by the Commissioner or his authorized representative. Section 3 . Said chapter is further amended by adding, following Code Section 4-11-9, a new Code Section 4-11-9.1 to read as follows: 4-11-9.1. (a) In the control, suppression, prevention, and eradication of animal diseases, the Commissioner or any duly authorized representative acting under his authority is authorized and required to quarantine an animal, premises, or any area when he shall determine that animals in such place or places are infected with a contagious or infectious disease, that the unsanitary condition of such place or places might cause the spread of such disease, that the animal has or has been exposed to any contagious or infectious disease, or that the owner or occupant of such place or places is not observing sanitary practices prescribed under the authority of this chapter or any other law of this state. (b) The Commissioner or his duly authorized representative is authorized to issue and enforce written or printed stop sale, stop use, or stop movement orders to the owners or custodians of any animals, ordering them to hold such animals at a Page 1652 designated place, when the Commissioner or his duly authorized representative finds such animals: (1) To be infected with or to have been exposed to any contagious or infectious disease; (2) To be held by a person who is required to be licensed under this chapter and whose license has expired; (3) To be held by a person who is required to be licensed under this chapter and who has failed to obtain a license within ten days of the date on which written notice of need to obtain a license was given to such person by the Commissioner or his authorized representative; or (4) To have been held in violation of this chapter, until the law has been complied with and such animals have been released, in writing, by the Commissioner or the violations have been otherwise legally disposed of by written authority. (c) It shall be unlawful for any person to sell, use, or move any animal in violation of any quarantine or stop sale, stop use, or stop removal order issued under this Code section. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. Page 1653 MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENSFUNDING OF REAL ESTATE LOANS. Code Section 44-14-13 Enacted. Code Section 10-1-393 Amended. No. 1374 (House Bill No. 1597). AN ACT To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, so as to provide for the funding of loan proceeds and the disbursement of funds held in escrow accounts in connection with loans secured by real property; to provide for definitions; to provide for applicability; to provide for the recovery of losses; to provide for penalties; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to examples of unfair and deceptive practices declared to be unlawful in connection with consumer transactions, so as to declare that the failure by a lender to issue a negotiable check or draft representing good funds in connection with a real estate transaction shall be an unfair and deceptive practice; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens in general, is amended by adding at the end thereof a new Code Section 44-14-13 to read as follows: 44-14-13. (a) As used in this Code section, the term: (1) `Borrower' means the maker of the promissory note evidencing the loan to be delivered at the loan closing. (2) `Collected funds' means funds deposited, finally settled, and credited to the settlement agent's escrow account. Page 1654 (3) `Disbursement of settlement proceeds' means the payment of all proceeds of the transaction by the settlement agent to the persons entitled thereto. (4) `Lender' means any person or entity regularly engaged in making loans secured by mortgages or deeds to secure debt on real estate. (5) `Loan closing' means the time agreed upon by the borrower and the lender when the execution and delivery of loan documents by the borrower occurs. (6) `Loan documents' means the note evidencing the debt due to the lender, the deed to secure debt or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as part of the transaction. (7) `Loan funds' means the gross or net proceeds of the loan to be disbursed by or on behalf of the lender at the loan closing. (8) `Party' or `parties' means the seller, purchaser, borrower, lender, and settlement agent, as applicable to the subject transaction. (9) `Settlement' means the time when the settlement agent has received the duly executed deed to secure debt and other loan documents and funds required to carry out the terms of the contracts between the parties. (10) `Settlement agent' means the person responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of the loan funds. (b) This Code section applies only to transactions involving purchase money loans made by a lender, or loans made to refinance, directly or indirectly, a purchase money loan made by another lender, which loans will be secured by deeds to secure debt or mortgages on real estate containing not more Page 1655 than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status. (c) Except as otherwise provided in this Code section, a settlement agent shall not cause a disbursement of settlement proceeds unless such settlement proceeds are collected funds. Notwithstanding that a deposit made by a settlement agent to its escrow account does not constitute collected funds, the settlement agent may cause a disbursement of settlement proceeds from the escrow account in reliance on such deposit under any of the following circumstances: (1) The deposit is either (A) a check or draft representing the loan funds issued by, (B) a certified check, cashier's check, or treasurer's check issued by or drawn on, or (C) other similar primary obligation of a federally insured bank, savings bank, savings and loan association, or credit union or of any holding company or wholly owned subsidiary of any of the foregoing; (2) The deposit is either a check or draft issued by a lender approved by the United States Department of Housing and Urban Development (HUD); (3) The deposit is a check issued by a lender qualified to do business in Georgia; (4) The deposit is a check drawn on the escrow account of an attorney licensed to practice law in the State of Georgia or on the escrow account of a real estate broker licensed under Chapter 40 of Title 43, if the settlement agent has reasonable and prudent grounds to believe that the deposit will constitute collected funds in the settlement agent's escrow account within a reasonable period; (5) The deposit is a check issued by the United States of America or any agency thereof or the State of Georgia or any agency or political subdivision of the State of Georgia; or (6) The deposit is a personal check or checks in an aggregate amount not exceeding $5,000.00 per loan closing. Page 1656 For purposes of this Code section, disbursement of settlement proceeds shall only be made from the proceeds of any of the instruments described in paragraphs (1) through (6) of this subsection if such instruments are negotiable instruments in accordance with the provisions of Code Section 11-3-104. (d) The lender shall at or before the loan closing deliver loan funds to the settlement agent either in the form of collected funds or in the form of a negotiable instrument described in any of paragraphs (1) through (3) of subsection (c) of this Code section, provided that the lender must cause such instrument to be honored upon presentment for payment to the bank or other depository institution upon which such instrument was drawn. (e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the borrower an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater. Section 2 . Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to examples of unfair and deceptive practices declared to be unlawful in connection with consumer transactions, is amended by striking the word or at the end of paragraph (23), by adding ; or in place of the period at the end of paragraph (24), and by adding a new paragraph (25) to read as follows: (25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13. Section 3 . This Act shall not be construed to repeal or modify any provisions of law relative to the utterance or delivery of Page 1657 a worthless check and the provisions of this Act shall be cumulative of such other provisions. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. MOTOR VEHICLES AND TRAFFIC. Code Title 40, Chapters 1, 2, 3, and 11 Amended. No. 1375 (Senate Bill No. 450). AN ACT To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, so as to provide that certain damage to new motor vehicles shall be disclosed; to provide definitions; to provide exceptions; to provide limitations on certain remedies; to provide penalties; 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 prohibit the sale, purchase, use, etc. of license plates for the purpose of concealing the identity of the vehicle or to avoid payment of ad valorem taxes; to authorize use of an expired prestige license plate on the front of a vehicle; to require that the certificate of registration for a motor vehicle must be provided to the purchaser or transferee of such vehicle; to provide for exceptions; to provide for penalties; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to define certain terms; to provide for cancellation of the title and license plate on certain vehicles; to amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to define certain terms; to provide that persons towing a motor vehicle from public or private property may obtain certain information from local law enforcement agencies; to change certain notice requirements; to provide for all related matters Page 1658 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles generally, is amended by adding after Code Section 40-1-4 a new Code Section 40-1-5 to read as follows: 40-1-5. (a) As used in this Code section, the terms `dealer,' `distributor,' `manufacturer,' and `new motor vehicle,' shall have the same meaning as set forth in Code Section 40-2-36.1. (b) Except as provided in this subsection and in subsection (c) of this Code section, prior to the sale of a new motor vehicle, a dealer must disclose to the buyer any damage which has occurred to the vehicle of which the dealer has actual knowledge and which costs more than 5 percent of the manufacturer's suggested retail price to repair. Prior to the sale of a new motor vehicle, a dealer must also disclose to the buyer any damage which has occurred to the paint of which the dealer has actual knowledge and which costs more than $500.00 to repair. Damages shall be calculated at the actual cost of such repair. (c) Notwithstanding anything to the contrary in subsection (b) of this Code section, in calculating the amount of damage for purposes of disclosure under subsection (b) of this Code section, a dealer shall not be required to take into account nor shall a dealer be required to disclose damage to glass, tires, wheels, bumpers, radio, or in-dash audio equipment, regardless of cost, so long as the item is replaced with original or reasonably comparable equipment. (d) Prior to the delivery of a new motor vehicle, each manufacturer, distributor, carrier, or motor vehicle importer must disclose to the dealer any damage which has occurred to the vehicle of which the manufacturer, distributor, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, distributor, carrier, or motor vehicle Page 1659 importer fails to make any disclosure required by this subsection, then such shall be liable to the dealer for any liability imposed on such dealer for a failure on the part of the dealer to comply with the requirements of this Code section. (e) Prior to the delivery of a new motor vehicle, each manufacturer, carrier, or motor vehicle importer must disclose to the distributor any damage which has occurred to the vehicle of which the manufacturer, carrier, or importer has actual knowledge and which is required to be disclosed to a buyer under subsections (b) and (c) of this Code section. If a manufacturer, carrier, or motor vehicle importer fails to make any disclosure required by this subsection, then such shall be liable to the distributor for any liability imposed on such distributor for a failure on the part of the distributor to comply with the requirements of this Code section. (f) If disclosure is not required under this Code section, a buyer may not revoke or rescind a sales contract, and relief may not be sought under this or any other provision of this Code, including Part 2 of Article 15 of Chapter 1 of Title 10 due to the fact that the new motor vehicle was damaged and repaired prior to the sale. (g) A violation of this Code section shall be a per se violation of Code Section 10-1-393, and the penalties, procedures, and remedies applicable to violations of Code Section 10-1-393 shall be applicable to a violation of this Code section. Section 2 . 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 40-2-5, relating to use of a license plate for purposes of concealing or misrepresenting the identity of a vehicle, which reads as follows: 40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any vehicle license plate upon or in conjunction with the possession of any such vehicle except the vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any vehicle which is required to bear a license plate. Page 1660 (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years., and inserting in lieu thereof a new Code Section 40-2-5 to read as follows: 40-2-5. (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or by confinement for not more than 12 months, or both. (c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle. Section 3 . Said chapter is further amended by striking Code Section 40-2-20, relating to motor vehicle registration and license requirements, in its entirety and inserting in lieu thereof a new Code Section 40-2-20 to read as follows: Page 1661 40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within seven days, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration. (b) Subsection (a) of this Code section shall not apply: Page 1662 (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-34 or 40-2-35, whichever is applicable; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to comply with any requirements of subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. Section 4 . Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking paragraph (12) of Code Section 40-3-2, relating to the definition of a salvage motor vehicle, in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows: (12) `Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair; Page 1663 (B) Which has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts; (C) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which an insurance company paid a total loss claim and which was subsequently recovered undamaged or damaged only to the extent that its restoration to an operable condition would not require the replacement of two or more major component parts and which has the manufacturer's vehicle identification number plate intact; or (D) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. Section 5 . Said chapter is further amended by striking Code Section 40-3-35, relating to cancellation of certificates of title for certain vehicles, in its entirety and inserting a new Code Section 40-3-35 to read as follows: 40-3-35. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of: (A) The front clip assembly, which includes the fenders, hood, and bumper; Page 1664 (B) The rear clip assembly, which includes the quarter panels and the floor panel assembly; (C) The top assembly, excluding a soft top; (D) The frame; and (E) A complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (3) (A) Any insurance company which acquires title to a damaged motor vehicle by payment of a total loss claim shall, on a form prescribed by the commissioner, notify the commissioner of the payment of a total loss claim and shall mail or deliver the certificate of title to the commissioner for cancellation or issuance of a salvage certificate of title. (B) Any insurance company which pays a total loss claim but does not acquire title to such vehicle shall, on a form prescribed by the commissioner, notify the commissioner and the owner of the payment of a total loss claim but shall not be required to surrender the certificate of title to such vehicle. (4) Any security interest holder or lienholder having custody of the certificate of title shall, within ten days after receipt of notice from the commissioner that a total loss claim has been paid on the vehicle, mail or deliver the certificate of title to the commissioner for cancellation or for issuance of a salvage certificate of title. If, after 30 days the person who has custody of the certificate of title fails, refuses, or neglects to forward the certificate of title to the commissioner, the commissioner shall cancel the current certificate of title and issue a new certificate of title for such vehicle marked `salvage,' provided that the validity of the security interest of the lienholder having custody of the certificate of title shall not be affected by the issuance of a salvage certificate of title. Page 1665 (b) (1) Any registered owner of a vehicle for which a total loss claim has been paid who retains possession of such vehicle, regardless of the number of major component parts required to repair such vehicle, and any security interest holder or lienholder having custody of the certificate of title of a vehicle for which a total loss claim has been paid shall apply to the commissioner for a salvage certificate of title for such motor vehicle as provided in this subsection prior to the operation, sale, conveyance, or transfer of such salvage motor vehicle. (2) Any insurance company which pays a total loss claim for a salvage motor vehicle and takes possession of such motor vehicle shall apply to the commissioner for a salvage certificate of title within 30 days after paying such total loss claim. (3) Any other person, firm, or corporation not covered by paragraph (1) or (2) of this subsection which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (d) Any certificate of title which is issued for a salvage motor vehicle, as provided for in this Code section, shall contain the word `salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-35.1, the legend `rebuilt' or `salvage' shall only be required to be placed on the certificate of Page 1666 title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. (f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner Page 1667 with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. (i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation. (j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the license plate number of such salvage motor vehicle. Section 6 . Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duties of a person removing or storing a vehicle, in its entirety and inserting in lieu thereof a new Code Section 40-11-2 to read as follows: 40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting Page 1668 removal of such or his agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. Page 1669 (e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. (f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that Page 1670 such vehicle 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 vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 7 . Said chapter is further amended by striking Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notice requirements, in its entirety and inserting in lieu thereof a new Code Section 40-11-3 to read as follows: 40-11-3. (a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle Page 1671 unattended does not intend to return and remove such motor vehicle. (b) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property shall be authorized immediately to cause such motor vehicle to be removed to a garage or other place of safety when such motor vehicle poses a threat to public health or safety. (c) Any peace officer who, under this Code section, causes any motor vehicle 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 motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown: (A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been removed; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact. Page 1672 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 12, 1990. TELEPHONE SERVICECOUNTY-WIDE LOCAL CALLING. Code Section 46-2-25.1 Enacted. No. 1376 (Senate Bill No. 524). AN ACT To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the Public Service Commission from approving rate schedules which authorize long-distance charges for telephone calls between two phones within the same county except under certain conditions; to provide for toll free calls between telephones of different telephone companies operating in the same county; to provide for the amendment of the existing rate schedules; to provide for rate schedule criteria; to provide for distribution of costs and rate schedule modification; to provide for plans to implement county-wide local calling; to provide for the method of funding such county-wide local calling; to provide that the Public Service Commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another; to authorize under certain conditions the recovery by a telephone company of any portion of its expenses or lost toll revenues resulting from the implementation of such county-wide local calling plan; to provide for the methodology and source of recovery for any telephone company seeking recovery of any portion of expenses or lost toll revenues; to authorize the Public Service Commission to Page 1673 consider and adopt alternative forms of regulation for telephone companies; to provide for the consideration of certain factors; to provide for applicability with respect to another Code section; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code section immediately following Code Section 46-2-25, to be designated Code Section 46-2-25.1, to read as follows: 46-2-25.1. (a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county. Where two or more telephone companies operate in the same county, each company shall provide county-wide local calling to and from telephones within the area served by the other company or companies in the county. Rate schedules approved prior to July 1, 1990, shall be amended to comply with this Code section by not later than July 1, 1991. (b) All rate schedules approved pursuant to this Code section may be modified at the discretion of the commission upon a good and sufficient showing of geographic, economic, or technological infeasibility by a telephone company. (c) All rate schedules approved pursuant to this Code section shall take into account the following: (1) The reasonable cost of providing such service to customers of the telephone company throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas; (2) The average annual contributions made by such telephone company to the intra-LATA toll pool if such pool exists; and Page 1674 (3) The reasonable rate of return on investment authorized in the rate schedule approved by the commission for such telephone company. (d) The commission shall, on or before December 31, 1990, implement a plan whereby all telephone companies subject to its jurisdiction will provide to each telephone subscriber, in addition to its present service arrangements and the intracounty service mandated under the provisions of this Code section, expanded community of interest toll free calling beyond county boundary lines and/or a reduction in intra-LATA toll rates to a level comparable to present inter-LATA toll rates. (e) Any plan to implement county-wide local calling shall be subject to the approval of the commission. In developing a plan, the commission shall require telephone companies to enter into negotiations to provide for county-wide local calling throughout their service areas. If the companies are unable to reach an agreement within a time frame consistent with the requirements of this Code section and the instructions of the commission, the commission may impose its own plan. The commission shall have the authority to determine the method of funding this service. In determining the method of funding this service, the commission shall first utilize any available earnings of the telephone companies in excess of those authorized in their respective tariffs; provided, however, that the commission shall not mandate any plan that requires the transfer of funds to implement county-wide local calling from one telephone company to another unless or until all other remedies are exhausted. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of such county-wide local calling plan shall demonstrate its financial hardship to the commission before such recovery shall be allowed. It shall be within the discretion of the commission to determine the methodology and source of recovery for any such affected telephone company. Such methodology and source may include, but not be limited to, increases in the affected telephone company's rates and charges, sharing of lost revenues and increased expenses by any other telephone company included in the plan under review, and any other methodology which has as its goal the maintenance Page 1675 of reasonable telephone rates for all subscribers in the state. (f) The commission shall be authorized to consider and adopt alternative forms of regulation for telephone companies which may include, but will not be limited to, establishing plans which require the sharing with its subscribers of telephone company earnings above preestablished levels or regulating the maximum prices of basic local exchange services for which there are no readily available substitutes. In determining what actions, if any, are to be taken under this subsection, the commission shall consider the factors contained in subsection (c) of Code Section 46-2-23. (g) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the commission generally and special provisions concerning telecommunications companies. Section 2 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. Page 1676 CONTRACTS IN PARTIAL RESTRAINT OF TRADE. Code Section 13-8-2 Amended. Code Section 13-8-2.1 Enacted. No. 1377 (House Bill No. 744). AN ACT To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to change the provisions relating to contracts contravening public policy generally; to provide that certain contracts in partial restraint of trade are valid and enforceable and are an exception to the provisions of said chapter; to provide rule and guidelines to determine if contracts are in partial restraint of trade; to provide that loss or forfeiture provisions conditioned upon the occurrence of competition or other specified acts or events are not restraints of trade; to provide procedures for identification, clarification, and reformulation of agreements; to provide rules and guidelines to determine the enforceability of loss or forfeiture provisions that are combined with partial restraints of trade; to define certain terms; to provide for enforcement; to provide for construction and application; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy generally, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1; . Section 2 . Said chapter is further amended by adding between Code Sections 13-8-2 and 13-8-3 a new Code Section 13-8-2.1 to read as follows: Page 1677 13-8-2.1 (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable. (b) (1) As used in this subsection, the term: (A) `Affiliate' means: (i) a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ancestors, lineal descendants, and siblings of the specified person, as well as their spouses. (B) `Business' means any line of trade or business involved in a sale. (C) `Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) `Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least Page 1678 $500,000.00, inclusive of any consideration received for the sale of business covenant. (E) `Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. (F) `Sale of business convenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement. (G) `Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; (ii) an executive employee, officer, or manager of the business who receives, as a minimum, consideration in connection with either the sale or the sale of business convenant that is worth the equivalent of such person's most recent annual base salary or is in the form of a commitment of continued employment for a period of at least one year; or (iii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business convenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity. (2) A seller may agree in writing for the benefit of a buyer to refrain from: (A) Carrying on or engaging in any activity competitive with the business; or (B) Soliciting or accepting business from the business's customers which were customers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business Page 1679 within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of business covenant shall, however, be considered to terminate at the time the business is discontinued or either the seller, including all successors-in-interest, or the buyer, including all successors-in-interest, ceases to exist. (c) (1) As used in this subsection, the term: (A) `Business' means any line of trade or business conducted by an employer. (B) `Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information; or (iv) any party to a partnership agreement, franchise, distributorship, license agreement or sales agent, broker, representative, or supervisor. The term `employee' shall not include, however, any employee who lacks selective or specialized skills, learning, customer contacts, or abilities. (C) `Employer' means any corporation, partnership, proprietorship, or other organization, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participation Page 1680 in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity. (D) `Material contact' exists between an employee and each customer or potential customer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordinated or supervised by the employee; (iii) about whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of employee's termination. (E) `Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement. (F) `Products or services' means anything of commercial value, including without limitation goods, personal, real, or intangible property, services, financial products or services, business opportunities or assistance, or any other object or aspect of business or the conduct thereof. (G) `Termination' means the termination of an employee's engagement with an employer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy or, if the restraint as a whole is rendered unreasonable, the unenforceability thereof. For purposes of this definition, `the discharge of an employee without cause' does not include (i) a termination of a partnership agreement, franchise, distributorship, or license agreement or a sales agent, broker, representative, or supervisor agreement in accordance with the terms of the agreement or upon the Page 1681 completion or expiration of the agreement, (ii) any termination under retirement programs of the employer, (iii) any termination that follows the employee's refusal to accept an offer of continued employment on terms and conditions at least as favorable to the employee as those previously in effect, or (iv) any termination under circumstances where the employee remains or becomes entitled to receive earnings, commissions, or benefits that serve as compensation, at least in part, for the employee's compliance with the post-termination convenants. (2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works may include any area where any operations performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought prospective customers of the business with whom the employee had material contact are present. (3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against `soliciting or accepting business from customers,' or similar language, shall be adequate for such purpose and narrowly construed to apply only to: (A) such of the business's customers, including Page 1682 actively sought prospective customers, with whom the employee had material contact; and (B) products and services that are competitive with those provided by the employer's business. (4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or attempting to recruit or hire, directly or by assisting others, any other employee of the employer or its affiliates. No express reference to geographic area shall be required. Any reference to a prohibition against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring. (5) To the extent so stated in the post-employment covenant, a post-employment covenant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation continues, provided that the employer seeks enforcement promptly after discovery of the violation. (6) A duration of two years or less in the case of a restraint of the type described in paragraph (2) of this subsection (c), and three years or less in the case of a restraint of the type described in paragraphs (3) and (4) of this subsection (c) shall be presumed to be reasonable as the period of time stated for any post-employment covenant. (d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distributorship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest. Page 1683 (e) (1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. (2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase `of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase `the areas where the (employee) is working at the time of (termination)' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination. (f) (1) Whenever a person or entity desires to verify the terms of any partial restraint in effect at any time, or to obtain a clarification of a restraint believed to be unclear, such person or entity may, at its option, demand such verification or clarification by delivering to the persons or entities that benefit from such restraint a written statement that contains: (A) if vertification is sought, a request for a copy of each partial restraint in effect between the parties; or (B) if clarification is sought, a description of the clarification requested; and (C) in all cases, the following statement: Page 1684 THIS DEMAND IS MADE PURSUANT TO CODE SECTION 13-8-2.1(f)(2) OF THE OFFICIAL CODE OF GEORGIA ANNOTATED AND REQUIRES A RESPONSE WITHIN THIRTY DAYS.' (2) Within 30 days after such other persons or entities or their authorized representatives have received such demand in person, they shall respond by sending the person or entity bound by the restraint the requested information or, if clarification is considered to be unnecessary because the restraint is believed to be clear, a statement to that effect. In no event shall such a response be required to include confidential information or business strategies as part of any clarification. (3) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may provide the persons or entities bound by such restraint with a clarification or reformulation of the restraint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional consideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint. (4) Any failure or delay of the persons or entities that benefit from such restraint to respond to such a demand shall be considered as one factor by a court in determining how much of an unclear or overbroad restraint may be enforced as lawfully serving the business purposes and interests contemplated by the parties in their agreement. In addition, if the procedure provided for in this subsection is followed for the benefit of anyone who wishes to employ or do business with a person or entity, any subsequent enforcement of any restraint that was unknown, unclear, or overbroad but that is not properly identified, clarified, or reformulated by the persons or entities that benefit from the restraint following their receipt of such a demand shall be limited so as to avoid prejudice to the employment or Page 1685 business to which the unknown, unclear, or overbroad aspects of the restraint relate. (g) (1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code section. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful. (2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement. (3) Contractual terms that provide for a loss or forfeiture of rights or benefits conditioned upon any specified act or event shall not be considered a restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or withholding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provision shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties Page 1686 that benefit from such provision. Such a loss or forfeiture provision shall be subject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful. Section 2 . This Act takes effect on July 1, 1990. As a statement of public policy, this Act shall have general applicability to the fullest extent permitted by law. This Act shall further apply to all remedies sought or granted after the effective date with respect to the subject matter of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. ANIMALSEUTHANASIA OF DOGS AND CATS. Code Section 4-11-5.1 Enacted. No. 1378 (House Bill No. 671). AN ACT To amend Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Animal Protection Act, so as to provide for the euthanasia of dogs and cats by certain animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals; to provide for the use of certain substances and procedures for euthanasia; to provide for exceptions; to provide for licenses and permits and the issuance, conditions, fees, and revocation thereof; to provide for notices and hearings; to provide for guidelines; to provide that a veterinarian or physician may limit the quantity of possession of sodium pentobarbital; to provide for exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Page 1687 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Animal Protection Act, is amended by adding, following Code Section 4-11-5, a new Code Section 4-11-5.1 to read as follows: 4-11-5.1. (a) Except as provided in subsection (b) of this Code section, the use of sodium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference: (1) Intravenous injection by hypodermic needle; (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial injection by hypodermic needle. (b) Notwithstanding subsection (a) of this Code section: (1) A chamber using commercially bottled carbon monoxide gas which was used on July 1, 1990, for euthanasia of dogs and cats by any animal shelter or other facility may continue to be used for such purposes by such animal shelter or facility if such animal shelter or facility notifies the Commissioner of Agriculture, in writing, on or before August 1, 1990, that such a chamber was in use by such animal shelter or facility on July 1, 1990. However, a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes shall not be permitted under any circumstances; and (2) Any substance which is clinically proven to be as humane as sodium pentobarbital and which has been officially recognized as such by the American Veterinary Medical Association may be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats, but succinylcholine Page 1688 chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbital for euthanasia purposes. (c) In addition to the exceptions provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanansia, such person shall be allowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e) Euthanasia shall be performed by a licensed veterinarian or physician or a lay person who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physician. This shall not be construed so as to require that a veterinarian or physician be present at the time euthanasia is performed. (f) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person. (g) The supervising veterinarian or physician shall be subject to all record-keeping requirements and inspection requirements of the State Board of Pharmacy pertaining to sodium pentobarbital and other drugs authorized under subsection (b) of this Code section and may limit the quantity of possession of sodium pentobarbital and other drugs authorized to ensure compliance with the provisions of this Code section. (h) This Code section shall not apply to any animal shelter or other facility located in a county having a population of Page 1689 25,000 or less according to the most recent United States decennial census. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. LOCAL GOVERNMENTTRAINING SEMINAR FOR COUNTY CLERKS. Code Section 36-1-24 Enacted. No. 1379 (House Bill No. 1443). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that the clerks of the county governing authority shall attend and complete a training seminar; to provide that the county governing authority shall pay the fees of the seminar; 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 36 of the Official Code of Georgia Annotated, relating to counties in general, is amended by adding a new Code Section 36-1-24 immediately following Code Section 36-1-23 to read as follows: 36-1-24. (a) Any person hired or appointed to serve as the clerk of the governing authority of any county in this state shall attend and complete a course of training on matters pertaining to the basic performance of his or her official duties. Such training shall be conducted by the University of Georgia under the supervision of the Carl Vinson Institute of Government Page 1690 at such time and place as shall be determined by the Carl Vinson Institute of Government. (b) The personnel of the Carl Vinson Institute of Government are authorized to work with the members of the Association County Clerks of Georgia and the Association County Commissioners of Georgia in establishing and operating the training course provided for in subsection (a) of this Code section, as well as establishing the rules and regulations governing attendance of such training. (c) All reasonable expenses of attending the training class required by this Code section shall be paid from funds appropriated by the county governing authority for such purposes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. HAZINGPENALTIES. Code Section 16-5-61 Amended. No. 1380 (House Bill No. 1423). AN ACT To amend Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, so as to change the penalty for hazing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-5-61 of the Official Code of Georgia Annotated, relating to hazing, is amended by striking subsection Page 1691 (c) of said Code section and inserting in lieu thereof a new subsection (c) o read as follows: (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. JUVENILE COURTSASSOCIATE JUVENILE COURT JUDGES; DISPOSITION OF DELINQUENT CHILDREN. Code Title 15, Chapter 11 Amended. No. 1381 (House Bill No. 222). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change certain designations of referee to associate juvenile court judge and designations of traffic referee to associate juvenile court traffic judge; to change certain definitions; to provide for additional orders of disposition for delinquent children; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraphs (9) and (10) of Code Section 15-11-2, relating to definitions, and inserting in their place new paragraphs (9) and (10) to read as follows: (9) `Judge' means judge or judges of the court exercising jurisdiction over juvenile matters. Such term shall not mean or Page 1692 include an associate juvenile court judge or associate juvenile court traffic judge unless specifically so stated. (10) `Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. Each superior or juvenile court judge shall provide for one of the above persons to be on duty or on call as an intake officer during each 24 hour period. Section 2 . Said chapter is further amended by striking Code Section 15-11-3.1, relating to order of appointment of judges, and inserting in its place a new Code section to read as follows: 15-11-3.1. (a) Whenever a juvenile court judge is appointed pursuant to Code Section 15-11-3, it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of said order, the Secretary of State shall issue a commission as for superior court judges. (b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges. Section 3 . Said chapter is further amended by striking Code Section 15-11-4.1, relating to training seminars for judges and referees, and inserting in its place a new Code section to read as follows: 15-11-4.1. (a) The Council of Juvenile Court Judges shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may Page 1693 make provisions relative to those seminars; provided, however, that all seminars will be held within this state. (b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system. (c) Expenses of administration of this seminar program and reasonable expenses incurred by the judges or associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from federal funds available to the council for that purpose, from federal other appropriate sources. These expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly. (d) Each judge exercising juvenile jurisdiction shall participate in at least one seminar established by the Council of Juvenile Court Judges each year. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute for Continuing Judicial Education of Georgia. Such judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his initial appointment. Section 4 . Said chapter is further amended by striking Code Section 15-11-10, relating to appointment of referees, and inserting in its place a new Code section to read as follows: 15-11-10. (a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The salary of each associate juvenile court judge shall be paid from county funds. An associate juvenile court judge shall be a member of the State Bar of Georgia Page 1694 or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge. (b) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance by the associate juvenile court judge in the manner provided by this article. Before commencing the hearing, the associate juvenile court judge shall inform the parties who have appeared that they are entitled to have the matter heard by the judge. If a party so requests, the hearing shall be conducted only by the judge. (c) Upon the conclusion of a hearing before an associate juvenile court judge, the associate juvenile court judge shall transmit his findings and recommendations for disposition in writing to the judge. Prompt written notice of the findings and recommendations, together with copies thereof, shall be given to the parties to the proceedings. The written notice shall also inform them of the right to a rehearing before the judge. (d) A rehearing may be ordered by the judge at any time and shall be ordered if a party files a written request therefor within five days after receiving the notice required in subsection (c) of this Code section. (e) Unless a rehearing is so ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge. Section 5 . Said chapter is further amended by striking from paragraph (4) of subsection (a) of Code Section 15-11-35, relating to disposition of a delinquent child, the following: or, by striking the period at the end of paragraph (5) of that subsection and inserting in its place the following: ; or, Page 1695 and by adding immediately thereafter a new paragraph to read as follows: (6) An order requiring that the child perform community service in a manner prescribed by the court and under the supervision of an individual designated by the court. Section 6 . Said chapter is further amended by striking Code Section 15-11-50, relating to appointment of traffic referees, and inserting in its place a new Code section to read as follows: 15-11-50. (a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full or part-time basis. An associate juvenile court traffic judge shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. His compensation shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law. (b) The court may direct that any case or class of cases arising under Code Section 15-11-49 shall be heard in the first instance by an associate juvenile court traffic judge who shall conduct the hearing in accordance with Code Section 15-11-49. Upon the conclusion of the hearing the associate juvenile court traffic judge shall transmit written findings of fact and recommendations for disposition to the judge with a copy thereof to the child and other parties to the proceedings. (c) Within three days after receiving the copy the child may file a request for a rehearing before the judge of the court, who shall thereupon rehear the case at a time fixed by him. Otherwise, the judge may confirm the findings and recommendations Page 1696 for disposition, which then become the findings and order of disposition of the court. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. EMERGING CROPS FUND ACT. Code Title 2, Chapter 8A Enacted. No. 1382 (House Bill No. 1105). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to enact the Emerging Crops Fund Act; to provide for a short title; to provide for a statement of purpose; to provide for definitions; to provide for an emerging crops fund from which to pay interest on certain loans made to farmers; to provide that the purpose of such fund is to encourage economic development and to make available to consumers emerging crops grown in Georgia; to provide that such fund shall be administered by the Georgia Development Authority; to provide for the powers of the authority in connection therewith; to provide for appropriations and other sources of funds for the emerging crops fund; to designate emerging crops; to provide procedures for paying interest on certain loans made to farmers; to provide for the repayment of loans made to pay interest on loans made to farmers; to provide for other matters relative to the foregoing; to provide that this Act shall become effective on a certain date only upon the ratification of a certain amendment to the Constitution at the 1990 general election; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1697 Section 1 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding immediately following Chapter 8 a new Chapter 8A to read as follows: CHAPTER 8A 2-8A-1. This chapter shall be known and may be cited as the `Emerging Crops Fund Act.' 2-8A-2. The purpose of this chapter is to promote economic development by encouraging the production of plant or animal crops in Georgia which have not been produced commercially to their full potential, to encourage farmers of this state to shift from enterprises with low-profit margins to those with higher profit margins, and to make available to consumers emerging crops grown in Georgia. 2-8A-3. As used in this chapter, the term: (1) `Emerging crop' means a plant or animal crop for which consumers have a growing demand, which has potential for economic development, which has a development time from beginning of production to commercial harvest or initial sale of the product of not less than 18 months nor more than five years, and which has been designated an emerging crop by the Georgia Development Authority or by Code Section 2-8A-4. (2) `Farmer' means a resident of Georgia who engages in or wishes to engage in the commercial production of an emerging crop on land in Georgia. This term shall include individuals, family-farm corporations meeting the requirements of paragraph (2) of subsection (b) of Code Section 48-5-7.1, and partnerships in which all of the partners are either individuals or family-farm corporations meeting such requirements. (3) `Fund' means the Emerging Crops Fund established in Code Section 2-8A-5. (4) `Georgia Development Authority' or `authority' means the Georgia Development Authority provided for in Chapter 10 of Title 50. Page 1698 (5) `Interest loan' means a loan made from the fund to pay the interest on a loan made by a lender to a farmer to finance the nonland capital costs of establishing production of an emerging crop. (6) `Lender' means a commercial bank, savings bank, savings and loan association, federal land bank, farm credit bank, production credit association, or other farm credit agency which is domiciled or qualified to do business in Georgia or the Farmers Home Administration. 2-8A-4. Emerging crops shall include but not be limited to the following crops: (1) Blueberries; (2) Blackberries; (3) Strawberries; (4) Raspberries; (5) Asparagus; (6) Peaches; (7) Apples; (8) Grapes; (9) Pears; (10) Ornamental horticultural plants; (11) Christmas trees; and (12) Fish farming which shall include, but shall not be limited to, crawfish, Saint Peter's (Tilapia) fish, freshwater shrimp, catfish, hybrid bass (a cross between striped bass and white bass), and rainbow trout. 2-8A-5. (a) There is established as a separate fund of the Georgia Development Authority a fund to be known as the Page 1699 `Emerging Crops Fund,' which shall be used to make interest loans on loans made to farmers for nonland capital costs of establishing production of emerging crops on land in Georgia. The fund shall be administered by the Georgia Development Authority. The Georgia Development Authority shall by rules or regulations develop definitions, guidelines, standards, requirements, and procedures for making interest loans as authorized in this chapter. Funds for the Emerging Crops Fund and for the administration of said fund shall be provided from the following sources: (1) Appropriations by the General Assembly, and funds appropriated to the Emerging Crops Fund shall be presumptively concluded to have been committed to the purpose for which appropriated and shall not lapse; (2) The repayment of interest loans made from the fund; and (3) Any interest or earnings made from the investment of funds of the Emerging Crops Fund. (b) The Georgia Development Authority shall maintain the Emerging Crops Fund entirely separate from any other funds of the authority, and no funds available to the authority to carry out its purposes under Chapter 10 of Title 50 shall be used for the purposes of the Emerging Crops Fund. The source of funds provided for in subsection (a) of this Code section shall be the only source of funds for the Emerging Crops Fund. (c) Except as limited by subsection (b) of this Code section, the Georgia Development Authority may exercise any power possessed by the authority under Chapter 10 of Title 50 to carry out the provisions of this chapter. 2-8A-6. Any lender which has made or makes a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Georgia may make application to the Georgia Development Authority for an interest loan to pay interest on the loan during the period from the beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any Page 1700 one farmer shall be $50,000.00; provided, however, the Georgia Development Authority in administering the fund shall give priority to smaller interest loans. During the period that the Georgia Development Authority pays the interest on a loan from the fund, the maximum rate of interest which may be charged on the loan by the lender shall be 2 percent per annum above the prime rate charged by banks on short-term business loans as published daily in the Wall Street Journal. By payment of the interest on a loan, neither the Georgia Development Authority nor the State of Georgia shall be a guarantor of the loan. The Georgia Development Authority shall, by rule or regulation, require such security or lien as may be necessary to provide adequate security for the authority as condition for making an interest loan as authorized by this chapter. 2-8A-7. Repayment of an interest loan made from the fund shall be deferred for a period of time not more than five years or the time when the emerging crop should reach maturity. The schedule for repayment of the interest loan shall be a period of time equal to two times the period that interest is paid on the loan from the fund for that emerging crop. No interest shall be charged on interest loans from the fund, and only the amount actually loaned from the fund shall be required to be repaid. Repayment of interest loans from the fund shall be made to the lender, which shall remit the amounts collected to the Georgia Development Authority for deposit into the fund. Section 2 . Section 1 of this Act shall become effective on January 1, 1991, only if an amendment to the Constitution authorizing the General Assembly to provide by general law for an emerging crops fund to pay interest on certain loans made to farmers and authorizing the appropriation of funds for the purposes of such fund is ratified at the 1990 general election. If such an amendment to the Constitution is not ratified at the 1990 general election, Section 1 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 1991. Page 1701 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. GEORGIA REAL ESTATE APPRAISERS LICENSING AND CERTIFICATION ACT. Code Title 43, Chapter 39A Enacted. No. 1383 (Senate Bill No. 250). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the registration, licensing, or certification and regulation of real estate appraisers; to provide for the classification of real estate appraisers; to provide a short title; to define certain terms; to create the Georgia Real Estate Appraisers Board and to provide for the membership, qualifications, terms, officers, powers, duties, authority, compensation, expenses, quorum, practices, and procedures thereof; to provide for the board to be attached to the Georgia Real Estate Commission for administrative purposes; to provide for the determination of fees; to provide for the status of any registration, license, or certification issued by the board to an employee of the Georgia Real Estate Commission; to provide for a seal; to provide for the use of records as evidence; to provide for applications for registration, licensing, or certification; to provide qualifications for registration, licensing, or certification; to provide for continuing education as a condition for renewal of a registration, license, or certificate; to provide for license and certification requirements applicable to nonresidents; to provide for wall certificates and the use of registration, license, or certification numbers; to provide for registration, license, certification, examination, and renewal fees generally; to provide for reactivation in cases where a registration, license, or certification has lapsed; to provide for inactive registrations, licenses, or certifications; to provide for fees for schools offering Page 1702 approved courses required of real estate appraisers; to provide exceptions; to provide certain penalty fees; to provide for the disposition of fees collected; to provide for the granting, revocation, or suspension of registrations, licenses, or certifications; to provide for hearings and the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide for the applicability of Chapter 7 of Title 14, the Georgia Professional Corporation Act; to provide requisites for maintaining certain civil actions; to provide for violations by appraisers and schools; to provide penalties; to provide for the use of the term certified in connection with appraisal reports; to provide for the use of the term certified real estate appraiser only under certain conditions; to prohibit the issuance of a registration, license, or certification to a corporation, partnership, firm, or group; to provide for specialized services; to provide for investigations; to provide for injunctive actions by the Attorney General; to provide exceptions under this Act; to provide that a person taking certain actions shall be deemed an appraiser; to provide for cease and desist orders by the board; to provide penalties with respect to such actions; to provide for judicial review; to provide for the effect on other remedies; to provide that certain actions relating to appraisal activity shall constitute crimes; to provide a criminal penalty; to provide for termination of the Georgia Real Estate Appraisers Board on July 1, 1994, and the specific repeal of this Act on such date; 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 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapters 39 and 40 a new Chapter 39A to read as follows: CHAPTER 39A 43-39A-1. This chapter shall be known and may be cited as the `Real Estate Appraiser Licensing and Certification Act.' 43-39A-2. As used in this chapter, the term: (1) `Analysis' means a study of real estate or real property other than one estimating value. Page 1703 (2) `Appraisal' or `real estate appraisal' means an analysis, opinion, or conclusion prepared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. (3) `Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report. (4) `Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended. (5) `Appraiser' means any person who is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser. (6) `Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. (7) `Certified appraisal' or `certified appraisal report' means an appraisal or appraisal report given and signed and certified as such by a certified real estate appraiser. A certifeid appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (8) `Certified real estate appraiser' means a person who for a valuable consideration engages in real estate appraisal activity on any type of real estate or real property and who holds a current, valid certification issued under the provisions of this chapter. (9) `Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. Page 1704 (10) `Commissioner' means the real estate commissioner. (11) `Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (12) `Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (13) `Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property. (14) `Licensed real estate appraiser' means a person who for a valuable consideration engages in real estate appraisal activity on real estate or real property of one to four units and up to 12 units the value of which is less than $1 million when a net income capitalization analysis is not required by the terms of the assignment or on such real estate or real property as may be authorized by the Appraisal Subcommittee and who holds a current, valid license issued under the provisions of this chapter. (15) `Registered real estate appraiser' means a person who for a valuable consideration is authorized to engage in real estate appraisal activity only in transactions which are not federally related transactions as defined by the Appraisal Subcommittee and such federally related transactions as the Appraisal Subcommittee may approve and who holds a current, valid registration issued under the provisions of this chapter. Page 1705 (16) `Real estate' means an identified parcel or tract of land, including improvements, if any. (17) `Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. (18) `Real estate related financial transaction' means any transaction involving: (A) The sale, lease, purchase, or exchange of or investment in real estate or real property or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. (19) `Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (20) `Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. (21) `State' includes any state, district, territory, possession, or province of the United States or Canada. (22) `Valuation' means an estimate of the value of real estate or real property. (23) `Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an Page 1706 identified parcel of real estate or identified real property at a particular point in time. 43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) Each real estate appraiser member of the board appointed after January 1, 1991, must be a certified real estate appraiser or a licensed real estate appraiser. Two of the appraiser members shall be certified real estate appraisers, and two shall be licensed real estate appraisers. (d) The term of each member of the board shall be three years, except that, of the members first appointed, two shall serve for three years, two shall serve for two years, and one shall serve for one year. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so appointed shall serve for the remainder of the unexpired term. (e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a member of Page 1707 the board for more than two consecutive terms. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following: (1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; or (3) Dishonest conduct. (f) The members of the board shall annually elect a chairperson from among the members to preside at board meetings. (g) The board shall meet at least once each calendar quarter, or as often as is necessary, and remain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three members. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meetings, and generally do such acts and things as may seem advisable to the board in the advancement of the profession and the standards of real estate appraisal activity. (h) Each member of the board shall receive as compensation for each day actually spent on his or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties. (i) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board. 43-39A-4. The board is authorized to establish the amount of any fee which it is authorized by this chapter to charge and collect. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount Page 1708 of fees charged and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board. 43-39A-5. Any registration, license, or certification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's employment with the commission. Any such employee shall not be required to pay a fee to keep a registration, license, or certification on an inactive status. Such registration, license, or certification shall be taken off inactive status and returned to the employee when that person's employment ends. 43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words `Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. 43-39A-7. Any person desiring to act as a registered, licensed, or certified real estate appraiser must file an application for a registration, license, or certification with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following: (1) The name and address of the applicant and the name under which the applicant intends to conduct business; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the board shall require. 43-39A-8. (a) (1) In order to qualify as a registered real estate appraiser, an applicant must: Page 1709 (A) Make application therefor within two years of the effective date of this chapter; (B) Have attained the age of 18 years; (C) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (D) Be a high school graduate or the holder of a general educational development equivalency diploma; and (E) Furnish evidence of completion of at least 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of registration without a hearing. (b) (1) In order to qualify as a licensed real estate appraiser, an applicant must: (A) Have attained the age of 18 years; (B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (C) Be a high school graduate or the holder of a general educational development equivalency diploma; (D) Furnish evidence that he or she has a college degree or has successfully completed not less than 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice; (E) Demonstrate to the satisfaction of the board at least two years of experience in real estate appraisal activity acquired within a period of five years immediately Page 1710 preceding the filing of the application for licensing; and (F) After meeting the requirements of subparagraphs (D) and (E) of this paragraph, stand for and pass an examination administered by or approved by the board covering generally the matters confronting licensed real estate appraisers. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of license without a hearing. (c) (1) In order to qualify as a certified real estate appraiser, an applicant must: (A) Have attained the age of 18 years; (B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9; (C) Be a high school graduate or the holder of a general educational development equivalency diploma; (D) Furnish evidence that he or she has a college degree or has successfully completed not less than 165 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice; (E) Demonstrate to the satisfaction of the board at least two years of experience in real estate appraisal activity acquired within a period of five years immediately preceding the filing of the application for certification; and (F) After meeting the requirements of subparagraphs (D) and (E) of this paragraph, stand for and pass an examination administered by or approved by the board covering generally matters confronting certified real estate appraisers. Page 1711 (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing. (d) The board is authorized to waive or to modify any experience, examination, or education requirements established in this chapter for appraisers in order to bring those requirements into conformity with any such requirements established by the Appraisal Subcommittee. (e) As a prerequisite to renewal of a registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term of registration, licensure, or certification, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period for licensed real estate appraisers and certified real estate appraisers and 20 hours of in-class instruction for each year of the renewal period for registered real estate appraisers. No appraiser whose registration, license, or certification has been placed on inactive status shall be allowed to reactivate a registration, license, or certification unless the provisions of this subsection are met in addition to any other requirements of this chapter. (f) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section. (g) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following: (1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property; (2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process; Page 1712 (3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter; (4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity. (h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, or certification or denial of renewal of a registration, license, or certification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provisions of this chapter. (i) Notwithstanding any other provision of this Code section, the board is authorized to require additional hours of educational courses for applicants for licensure or certification or of continuing education for licensed real estate appraisers or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum hours for such licensed or certified appraisers, provided that the board requires at least those minimum hours required by the Appraisal Subcommittee. 43-39A-9. (a) Every applicant for licensure or certification under this chapter who is not a resident of Georgia shall submit, with the application for licensure or certification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the real estate commissioner, if, in an action against the applicant in a court of Page 1713 Georgia arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant. (b) A nonresident of Georgia who has complied with the provisions of subsection (a) of this Code section may obtain a license or certification by conforming to all of the provisions of this chapter relating to the license or certification sought. (c) If the federal government approves another state's certification laws for real estate appraisers, an applicant who is licensed or certified under the laws of such other state may obtain a similar license or certification as an appraiser in Georgia upon, at the time of filing an application: (1) Meeting the requirements of subsection (a) of this Code section; (2) Paying any required fees; (3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed or certified, to furnish to the board a certification of licensure or certification and copies of the records of any disciplinary actions taken against the applicant's license or certification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license or certification to a nonresident or for suspension or revocation of the license or certification issued to a nonresident; (4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location in Georgia as the board's investigator may request. If the board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an interview with an authorized investigator or the board and the nonresident appraiser fails to comply with that request, the board may impose on the nonresident appraiser any disciplinary sanction permitted by this chapter; and Page 1714 (5) Signing a statement that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all real estate appraisal activity in Georgia. 43-39A-10. (a) The board shall prescribe the form of a wall certificate to denote that an individual is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser, as the case may be. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating that the person whose name appears thereon is a registered real estate appraiser, a licensed real estate appraiser, or a certified real estate appraiser, as the case may be. (b) A registration, license, or certification issued under authority of this chapter shall bear a number assigned by the board. When signing an appraisal report, a registered real estate appraiser shall place his or her registration number adjacent to or immediately below his or her title of `Registered Real Estate Appraiser.' When signing an appraisal report, a licensed real estate appraiser shall place his or her license number adjacent to or immediately below his or her title of `Licensed Real Estate Appraiser.' When signing an appraisal report, a certified real estate appraiser shall place his or her certificate number adjacent to or immediately below the title of `Certified Real Estate Appraiser.' Such registration, license, or certificate number shall also be used in all statements of qualification, contracts, or other instruments used by the appraiser when reference is made to his or her registered, licensed, or certified status. (c) Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of a registration, license, or certification pursuant to this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board. 43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and Page 1715 the enforcement of this chapter, the board shall establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees. (b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original registration, license, or certification, each applicant shall pay an activation fee in advance as established by the board. (d) All registrations, licenses, and certifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such registration, license, or certification renewed. The time for renewal of a registration, license, or certification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such registration, license, or certification in accordance with this chapter. A registration, license, or certification not renewed in accordance with this subsection shall be lapsed. (e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service. (f) Any appraiser whose registration, license, or certification lapses for failure to pay a renewal fee may reactivate that registration, license, or certification 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 registration, license, or certification was lapsed plus a Page 1716 reactivation fee. If any appraiser allows a registration, license, or certification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the appraiser may have that registration, license, or certification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, license, or certification was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any appraiser whose registration, license, or certification has lapsed for longer than ten years and who seeks to have that registration, license, or certification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. The board may refuse to renew a registration, license, or certification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that registration, license, or certification. (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a registration, license, or certification by making a written request within 14 days of ceasing work that the registration, license, or certification be placed on inactive status. Any appraiser whose registration, license, or certification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate a registration, license, or certification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a registration, license, or certification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's registration, license, or certification was placed on inactive status. (h) Any appraiser who places a registration, license, or certification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the registration, license, or certification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days. Page 1717 (i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a registration, license, or certification or for imposing any sanction permitted by this chapter. (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee. (k) A reasonable fee, not to exceed the renewal fee charged for a registration, license, or certification, may be imposed by the board on any applicant or appraiser who: (1) Fails to notify the board in writing within 14 days of a change of address; or (2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board. (l) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338. 43-39A-12. Except as provided for in subsection (l) of Code Section 43-39A-11, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance Page 1718 with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority. 43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of registrations, licenses, and certifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for registrations, licenses, and certifications consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals. 43-39A-14. (a) Registrations, licenses, or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board. (b) Where an applicant for a registration, license, or certification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign county of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a registration, a license, or a certification. As used in this chapter, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this chapter, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a registration, a license, or a certification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a sufficient ground for refusal of a registration, a license, or a certification. An applicant for a registration, a license, or a certification who has been convicted of any offense enumerated in Page 1719 this subsection may be registered, licensed, or certified by the board only if: (1) At least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (2) No criminal charges are pending against the applicant; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or the state fair housing law by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a registration, a license, or a certification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the registration, license, or certification. (e) Grounds for suspension or revocation of a registration, license, or certification, as provided for by this chapter, shall also be grounds for refusal to grant a registration, license, or certification. (f) The conduct provided for in subsections (a) through (d) of this Code section which relates to the denial of a registration, a license, or a certification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser. (g) If an appraiser: Page 1720 (1) Voluntarily surrenders a license or certification to the board; (2) Allows a registration, license, or certification to lapse due to failure to meet education requirements provided by law; or (3) Allows a registration, license, or certification to lapse due to failure to pay any required fees after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new registration, license, or certification to such person. (h) Where an applicant for a registration, license, or certification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a registration, license, or certification. An applicant for a license or certification who has had a license or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed or certified by the board only if: (1) At least five years have passed since the date that the applicant's occupational license or certification was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Page 1721 Such appraiser's registration, license, or certification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter. 43-39A-15. (a) If the board, after an application in proper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application, the board shall provide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-39A-16. (a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 14 days of such change. (b) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the `Georgia Professional Corporation Act.' 43-39A-17. (a) After July 1, 1991, no person engaged in the business of real estate appraisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which a registration, a license, or a certification is required by this chapter without alleging and proving that such person was registered, licensed, or certified in Georgia at all times during the performance of such services. (b) The board by and through the commissioner may bring an action for any violation of this chapter. Page 1722 43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any registration, license, or certification issued under this chapter; to revoke or suspend approval of any school; 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 $5,000.00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever a license or certification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substantially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connection with an appraisal of real estate or real property; Page 1723 (6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board; (9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each appraisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; Page 1724 (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the registration, license, or certification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safeguard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; or (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity. (b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment. (c) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser licensing authority, the board may consider such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's registration, license, or certification after opportunity for a hearing. 43-39A-19. (a) No person other than a certified real estate appraiser shall assume or use such title or any title, designation, or abbreviation likely to create the impression of certification as a real estate appraiser. A person who is not certified pursuant to this chapter shall not describe or refer to any appraisal report or any appraisal or other evaluation of real estate by the term `certified.' Page 1725 (b) Subsection (a) of this Code section shall not preclude a registered real estate appraiser or a licensed real estate appraiser from appraising real estate for compensation. However, any appraisal report prepared by a registered real estate appraiser or licensed real estate appraiser must, whenever appropriate, include a statement that the appraisal report may not be eligible for use in a federally related loan transaction. (c) The term `certified real estate appraiser' may only be used to refer to individuals who hold such certification and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification. (d) No registration, license, or certification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group. 43-39A-20. (a) A client or employer may retain or employ an appraiser to act as a disinterested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the client's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter. (b) For the purposes of this chapter, the term `specialized services' as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment. The term `specialized services' may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not `specialized services.' (c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, Page 1726 or valuation reached or upon the consequences resulting from the independent appraisal assignment. (d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services. (e) If an appraiser enters into an agreement to perform specialized services for a contingent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report. (f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or registration before undertaking any such specialized services. 43-39A-21. (a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser or applicant and take action as if such appraiser or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked `unclaimed' or `refused' or is undeliverable and if the appraiser or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser or applicant. (c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in Page 1727 accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 43-39A-22. (a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 10 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for licensure or certification, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation. (b) Any person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board. (c) In the conduct of an authorized investigation, the chairperson of the board or the commissioner may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the commissioner or chairperson of the board may issue subpoenas to compel production of such writings, documents, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. (d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose Page 1728 other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. (e) Whenever the board revokes or suspends for more than 60 days a registration, a license, a certification, or a school approval or whenever an appraiser or an approved school surrenders a registration, a license, a certification, or an approval to the board after the board has filed a notice of hearing, the board shall publish the name of such appraiser or approved school in its official newsletter. (f) The board shall have the authority to exclude all persons during the board's or the staff of the board's: (1) Deliberations on disciplinary proceedings; (2) Meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; and (3) Review of the results of investigations initiated under this Code section. 43-39A-23. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney General may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond. Page 1729 43-39A-24. (a) Except as provided in this Code section, on and after July 1, 1991, it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining a registration, license, or certification as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which such person is licensed. (b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a `certified' appraisal or evaluation on such timber as permitted by Code Section 12-6-40; (4) Any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; or Page 1730 (5) Any person who testifies to the value of real estate or real property in the courts of this state. 43-39A-25. (a) Any person who, directly or indirectly, with the intention or upon the promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a registration, license, or certification under this chapter but who is not so registered, licensed, or certified shall constitute a violation of this chapter. (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, an appraiser within this state without first obtaining a registration, license, or certification as provided in this chapter. (c) Notwithstanding any other provisions of law to the contrary, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license or certification. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation. (e) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by Page 1731 statute without first seeking a cease and desist order in accordance with the provisions of this Code section. 43-39A-26. Any person acting as an appraiser within the meaning of this chapter without a registration, license, or certification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor. 43-39A-27. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Appraisers Board shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall become effective only upon the specific appropriation of funds by the General Assembly necessary to implement the requirements of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. EXECUTION SALESDATE OF SHERIFF'S SALES. Code Section 9-13-161 Amended. No. 1384 (House Bill No. 1647). AN ACT To amend Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, so as to provide for a change in the date of sheriff's sales under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Page 1732 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-13-161 of the Official Code of Georgia Annotated, relating to where and when sales under execution are held, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first Tuesday of the month fall on New Year's Day or Independence Day, such sales shall take place on the immediately following Wednesday. A change in the time of such sales from the first Tuesday of the month to the first Wednesday of the month as provided in this subsection shall also apply to all public sales within the county required to be conducted at the time of the sheriff's sales. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1990. GEORGIA 1992 COMMISSIONCREATED. No. 105 (Senate Resolution 304). A RESOLUTION Providing for the Georgia 1992 Commission and its composition and organization, terms, vacancies, compensation and allowances, authority, powers, duties, and abolition; and for other purposes. WHEREAS, the year of 1992, the quincentennial of the first voyage of Christopher Columbus to the New World, is a time Page 1733 for all people of this state to reflect upon and commemorate the significance of the events which have occurred in the western hemisphere since the Genovese navigator established the never-to-be-broken link between the Europeans and the peoples of the Americas; and WHEREAS, Columbus, Georgia, in Muscogee County, the second largest city in the world named for the famed navigator, has been designated by Governor Joe Frank Harris as our state's Official Quincentennial City and, like other Columbus communities in this nation, will be a focal point for events and celebrations in 1992; and WHEREAS, the University of Georgia, the Naval Supply Corps School, and the citizens of the City of Athens and Clarke County have formed a local quincentennial commission, Discovery 92, to initiate plans of a national and international scope and to invite participation by our entire state; and WHEREAS, this state is exemplary of the cultural and societal richness resulting from the voyage of Christopher Columbus in 1492 which was nourished with later arrivals of peoples from Europe, Africa, Asia, and Oceania; and WHEREAS, the people of this state should look with pride on the (achievements and contributions of their ancestors in the last 500 years; and WHEREAS, adequate preparations must be effected to assure that the events leading up to the quincentennial, as well as the events and celebrations of the year 1992, are as rich and significant as befit this historic moment, and it is imperative that this state assume a leading role in developing the means and resources necessary to plan and implement those events in partnership with the state historical society, local community organizations, Native American cultural and research organizations, Italian and Hispanic cultural organizations, and other business, cultural, and educational communities of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is established the Georgia 1992 Commission which shall be composed of 18 members Page 1734 appointed by the Governor so that the members will be appointed in the number and for the committees of the commission as follows: (1) Three members for the culture, arts, and entertainment committee; (2) Three members for the public education committee; (3) Four members for the community and neighborhood projects committee; (4) Two members for the marketing and public relations committee; (5) Four members for the finance and development committee; and (6) Two members for the 1992 Planning and Master Calendar Committee. BE IT FURTHER RESOLVED that the members shall serve until the commission is abolished; that any vacancies in the membership shall be filled in the same manner in which the original appointments were made; that the members shall receive no compensation, expenses, or allowances for their services on the commission; and that the commission shall elect from its membership a chairperson and vice chairperson and otherwise provide for its own organization. BE IT FURTHER RESOLVED that the commission is authorized to accept grants, gifts, and proceeds arising from any contacts of the commission but is not authorized to accept any appropriation of state funds. BE IT FURTHER RESOLVED that the commission is authorized and directed to: (1) Encourage the participation of the people of the State of Georgia in activities fostering education, cultural enrichment, social purpose, and economic opportunity within the context of the quincentennial commemoration and celebration of the Christopher Columbus voyage; Page 1735 (2) Seek the assistance of the people of the State of Georgia in achieving these goals by appointing any advisory or other committees which may become necessary to carry out the work of the commission; (3) Plan and implement events, exchanges, expositions, exhibitions, productions, or other public events or occurrences which further the purposes or goals of the commission and of this resolution; and (4) Hold, invest, reinvest, and disburse funds of the commission in carrying out the purposes and objectives of the commission; and such funds shall not be required to be paid into the state treasury. BE IT FURTHER RESOLVED that the commission is abolished December 31, 1992. Approved April 12, 1990. GEORGIA DEATH INVESTIGATION ACT. Code Section 35-3-15 Enacted. Code Title 45, Chapter 16 Amended. No. 1385 (House Bill No. 1323). AN ACT To amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, so as to provide for the office of state medical examiner and provide for the appointment, qualifications, and duties of that office; to provide for vacancies; to provide for the Medical Examiner Advisory Commission and its selection, meetings, duties, organization, and composition; to provide for expenses, terms, qualifications, and removal of commission members; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain Page 1736 requirements for coroners; to change the short title; to change the provisions relating to definitions; to provide for assistance in making medical examiners' inquiries; to provide for certain persons to act as medical examiners; to change certain discretion regarding performance of autopsies and limited dissections; to provide for the performance of medical examiners' inquiries by the state medical examiner and others; to change certain fee and payment provisions; to provide for the return of bodies; to provide for the jurisdiction of coroners and county medical examiners; to provide for the payment of fees; to authorize clerical and other assistance; to authorize coroners and county medical examiners to delegate their powers to others, subject to certain limitations; to change the circumstances under which notices of death must be provided; to provide for orders to conduct medical examiners' inquiries; to provide for the filing and transmittal of such inquiries; to provide for duties of coroners and county medical examiners who receive notice of certain deaths; to provide for jurisdiction over the scene of death; to provide for embalming; to provide for dental examinations, fees, and payment thereof; to provide for possession of property of the deceased and of other objects; to provide for the release of the body; to provide for medical examiners to assume duties of coroners; to change the conditions under which inquests are required; to change who shall perform medical examiners' inquiries regarding inmates; to provide for investigation fees; to provide for subpoenas and copying of documents and costs therefor; to provide for the privileged nature of certain information; to require autopsies under certain conditions; to authorize other autopsies; to limit the removal of bodies and provide penalties relating thereto; to provide for filing reports and records and for their transmittal and the transmittal of evidence; to provide when inquests may be held and provide for subpoenas of witnesses; to provide when witnesses may be required to give evidence; to provide for petitions for the issuance of arrest warrants; to provide for an alternate coroner's juror; to provide for the number and compensation of coroner's jurors; to provide when a coroner's jury is to be empaneled at the duties of the jury; to provide for precepts and oaths for coroner's juries and the jury foreman; to provide for the change to the coroner's juries and for responsibilities and powers of coroner's juries; to provide for fines; to provide that medical examiner's inquiries shall be evidence in inquests and authorize the use of reports and copies relating thereto in other courts and proceedings; to provide for disposition of dead bodies and expenses therefor; to provide for disinterment of bodies; to provide for the taking of blood samples and for fees and Page 1737 procedures relating thereto; to provide for penalties; to provide for court reporting and the costs thereof; to change the composition of the Georgia Coroner's Training Council and provide for the term and duties of the new member; to change the continuing education requirement for coroners; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation, is amended by adding at the end a new Code section to read as follows: 35-3-15. (a) There is created within the Forensic Sciences Division of the Georgia Bureau of Investigation the office of state medical examiner, and, as used in this Code section, the term `division' shall mean the Forensic Sciences Division of the Georgia Bureau of Investigation. No person may be a state medical examiner unless that person at the time of appointment: (1) Is a pathologist certified in forensic pathology by the American Board of Pathology; and (2) Has at least three years of full-time experience as a medical examiner. (b) The state medical examiner shall be appointed by the director of the Georgia Bureau of Investigation and shall have the following duties: (1) Establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region; (2) Appoint regional medical examiners; (3) After consulting with local county officials, appoint local medical examiners; Page 1738 (4) Appoint forensic consultants; (5) Organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (6) Maintain permanent death investigation records for all jurisdictions in the state; (7) Establish death investigation policies and guidelines for coroners and medical examiners; (8) Cooperate with other state agencies, as appropriate, to ensure public health and safety; and (9) Remove local medical examiners, regional medical examiners, and forensic consultants from appointment, upon approval by the director of the division. (c) In the event that the director of the Georgia Bureau of Investigation has not yet appointed a person to fill the position of state medical examiner, or if an appointment has been previously made but a subsequent vacancy has occurred, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation shall be authorized to perform all duties of the state medical examiner during such vacancy. (d) There is created the Medical Examiner Advisory Commission consisting of the following individuals: (1) The commissioner of human resources; (2) A district attorney; (3) A defense attorney; (4) Two licensed physicians, at least one of whom shall be a forensic pathologist who serves as a full-time medical examiner in this state; (5) A coroner; Page 1739 (6) A superior court judge; (7) A layperson other than those indicated above; (8) A sheriff or local law enforcement officer; and (9) A funeral director licensed as such pursuant to Chapter 18 of Title 43. (e) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. All other members of the commission shall be appointed by the Board of Public Safety created by Code Section 35-2-1. The first members so appointed shall begin their terms of office on July 1, 1990, with five of those members serving for initial terms of two years each and four of those members serving for initial terms of four years each, as such terms are specified in their appointment. After those initial terms, appointed members shall be appointed by the Board of Public Safety for terms of four years each. Each appointed member shall serve the term specified in this subsection and until the appointment and qualification of that member's respective successor. Any vacancy on the commission, other than of its ex officio member, shall be filled by the Board of Public Safety's appointment of a successor who meets the qualifications for the vacated membership position to which the person is appointed. The Board of Public Safety, after notice and hearing, may remove any member appointed by the board for neglect of duty, misconduct, or incompetence. (f) The commissioner of human resources shall receive no additional compensation for service on the commission but shall be reimbursed for expenses incurred by that commissioner in the performance of duties as such member. The funds necessary for the reimbursement of the expenses of the commissioner of human resources shall come from funds appropriated or otherwise available to the Department of Human Resources. (g) Members of the commission, other than the commissioner of human resources, shall receive no compensation, allowances, or expenses for their services on the commission. Page 1740 (h) The first meeting of the commission shall be called each year by the commissioner of human resources, who shall preside at that meeting until the members have elected a chairman and vice chairman and provided for the organization of the commission. The commission shall meet at least semiannually and at such additional times as necessary to carry out its duties. (i) The commission shall recommend policies to improve the investigation of deaths in this state to the director of the Georgia Bureau of Investigation, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation, and the state medical examiner. (j) The commission shall recommend to the director of the Georgia Bureau of Investigation candidates for appointment as the state medical examiner. Section 2 . Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking paragraph (1) of subsection (b) of Code Section 45-16-1, relating to election and qualification of coroners, and inserting in its place a new paragraph to read as follows: (1) No person shall be eligible to offer for election to or to hold the office of coroner unless he: (A) Is a citizen of the United States; (B) Is a resident of the county in which he seeks the office of coroner for at least two years prior to his qualifying for the election to the office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of qualifying for election to the office. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; (E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980; Page 1741 (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; and (G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner. Section 3 . Said chapter is further amended by striking Article 2 thereof, the Georgia Post-mortem Examination Act, and inserting in its place a new article to read as follows: ARTICLE 2 45-16-20. This article shall be known and may be cited as the `Georgia Death Investigation Act.' 45-16-21. As used in this article, the term: (1) `Autopsy' means the dissection of a dead body and the examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and circumstances surrounding the same, which procedure shall include as a minimum an external examination and the examination of the brain, neck and thoracic organs, and abdominal organs. (2) `County medical examiner' means that office established in lieu of the office of coroner pursuant to Code Section 45-16-80 or any amendment to the Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV of the Constitution. (3) `Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. Page 1742 (4) `External examination' means an external examination of a dead body but shall not include dissection of the body for any purpose except dissection which is necessary for and limited to procurement of blood or body fluids for toxicological or other analysis. (5) `Forensic consultant' means a person meeting the requirements and authorized to perform the duties specified in subsection (c) of Code Section 45-16-23. (6) `Inquest' means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the cause of death. (7) `Limited dissection' means the incision into or dissection of a dead body for diagnosis or evidence collection and the term includes without being limited to an external examination but does not include an individual examination of the: (A) Brain; (B) Neck organs; (C) Thoracic organs; and (D) Abdominal organs but may include an examination of any but not all of the categories of organs specified in subparagraphs (A) through (D) of this paragraph. (8) `Local medical examiner' means a person meeting the requirements and authorized to perform the duties specified in subsection (b) of Code Section 45-16-23. (9) `Medical examiner' means: (A) The state medical examiner; (B) A regional medical examiner; (C) A county medical examiner; Page 1743 (D) A local medical examiner; or (E) Any person who is employed by the state and appointed as a medical examiner as of December 1, 1989, who continues to perform the duties and exercise the powers of a medical examiner under this article when such performance and exercise is within the scope of such employment. (10) `Medical examiner's inquiry' means an inquiry made by a medical examiner into the circumstances surrounding a death which is required to be reported under the provisions of Code Section 45-16-24, which inquiry may include, but is not required to include, a scene investigation, an external examination, a limited dissection, an autopsy, or any combination thereof. (11) `Medical examiner's investigator' means a person meeting the requirements and authorized to perform the duties specified in subsection (d) of Code Section 45-16-23. (12) `Peace officer in charge' means any peace officer of the Georgia State Patrol or agent of the Georgia Bureau of Investigation, sheriff or sheriff's deputy, peace officer assigned to the coroner's office, county policeman, city policeman, or city detective who may be in charge of the investigation of any case involving a death covered by Code Sections 45-16-27 and 45-16-32. (13) `Regional medical examiner' means a medical examiner appointed by the state medical examiner who is a pathologist certified in forensic pathology by the American Board of Pathology. (14) `Scene investigation' means an examination by the medical examiner or medical examiner's investigator of the area surrounding a dead body or area where a death or agonal event occurred. (15) `State medical examiner' means a medical examiner whose office is created by Code Section 45-16-92. Page 1744 45-16-22. (a) The director of the division is authorized and directed to cooperate with and assist the peace officers in charge, medical examiners, and coroners of the state in making the facilities of the division available for the performing of medical examiners' inquiries on dead bodies as required by this article. (b) The state medical examiner shall authorize one or more licensed physicians or pathologists at convenient locations throughout the state to act as medical examiners in performing medical examiners' inquiries as required by this article. The state medical examiner shall confer with local county officials in making appointments of regional and local medical examiners. (c) Except as otherwise provided in this article, it shall be in the sole discretion of the medical examiner to determine whether or not an autopsy or limited dissection is required; provided, however, that he shall give due consideration to the opinions of the coroner and the peace officer in charge regarding the requirements of accepted investigation techniques and the rules of evidence applicable thereto. (d) In the event that any local medical examiner, county medical examiner, or regional medical examiner is unable or unwilling to serve in any case, the coroner or the peace officer in charge may call upon the state medical examiner, who shall perform a medical examiner's inquiry or direct another medical examiner to perform such inquiry. (e) For each external examination so performed, in cases where limited dissection or autopsy 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 limited dissection and a fee of $400.00 for an 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. Page 1745 (f) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the body shall be returned to the county in which such acts or events took place. When a dead body is found in a county in which the acts or events leading to death did not occur, it shall be returned to the county in which the acts or events did occur, if known. The coroner or county medical examiner of the county in which such acts or events took place shall assume jurisdiction and the medical examiner's inquiry, if any performed, shall be paid for from funds of the county in which such acts or events took place. (g) In the event that a medical examiner's inquiry is performed by the state medical examiner or an employee thereof, no fee therefor shall be imposed pursuant to this Code section. In the event that a medical examiner's inquiry is performed by a medical examiner regularly employed at a fixed compensation by any county or group of counties, no fee shall be imposed upon any county or group of counties employing that medical examiner at a fixed compensation. (h) The director of the division is authorized to employ such additional clerical or secretarial assistance as may be necessary to accomplish and perform the duties imposed upon him by this article. 45-16-23. (a) Notwithstanding any other provision of this chapter, any coroner or county medical examiner may delegate to a local medical examiner, forensic consultant, or medical examiner's investigator the power to perform those duties of such coroner or medical examiner specified in this Code section if the person to whom such power is thus delegated meets the applicable requirements of this Code section for the performance of such duties, but the performance of those delegated duties shall not in any manner infringe upon or diminish the authority of the peace officer in charge at the scene of the crime. (b) A local medical examiner shall be a licensed physician appointed by the state medical examiner to perform scene investigations, external examinations, limited dissections, autopsies, or any combination of such duties. Page 1746 (c) A forensic consultant shall be an expert in a field of forensic science, including but not limited to odontology or anthropology, appointed and authorized by the state medical examiner to examine human remains and evidence under the medical examiner's jurisdiction. (d) A medical examiner's investigator shall be a person employed by a medical examiner to perform duties of such medical examiner with the same authority as the medical examiner while at the scene of death and during subsequent investigation, except that no medical examiner's investigator is authorized to make any arrest or perform official external examinations, limited dissections, or autopsies. 45-16-24. (a) When any person dies in any county in this state: (1) As a result of violence; (2) By suicide or casualty; (3) Suddenly when in apparent good health; (4) When unattended by a physician; (5) In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under; (6) After birth but before seven years of age if the death is unexpected or unexplained; (7) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; or (8) When an inmate of a state hospital or a state, county, or city penal institution, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended Page 1747 when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. (b) A coroner or county medical examiner who is notified of a death pursuant to subsection (a) of this Code section shall order a medical examiner's inquiry of that death. (c) Whenever an affidavit is made and filed with a court having criminal jurisdiction attesting that a person came to his death by foul play, that court may interrogate and examine witnesses, if any exist, as to the necessity of a medical examiner's inquiry. Should the court decide that a medical examiner's inquiry is essential to the ends of justice, such inquiry shall be ordered by that court. (d) A medical examiner's inquiry required under this Code section shall be reduced to writing and filed as provided in Code Section 45-16-32. At the time of such filing, a copy of the medical examiner's inquiry into a death reported to a coroner or county medical examiner pursuant to paragraph (6) of subsection (a) of this Code section shall also be transmitted to the department of family and children services of the county in which the child resided at the time of death. 45-16-25. (a) Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the dead body. It shall be the duty of a coroner so notified to summon a medical examiner and proper peace officer. It shall be the duty of a county medical examiner so notified to summon a proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. The medical examiner or coroner and the peace officer 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 medical examiner is present at the scene of death in any county in which the office of coroner has not been replaced by a county medical examiner, the coroner shall assume the responsibility of such officers at the scene of death and shall have the body transported to a local medical examiner who shall conduct a medical examiner's inquiry. The medical Page 1748 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's dentition and make two copies, one of which shall be filed with the medical examiner's inquiry report to the division and state medical examiner's office 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 the coroner's or county medical examiner's jurisdiction. (c) The coroner or county medical examiner 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, 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 Page 1749 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. 45-16-25.1. A dead body, other than skeletal remains, taken into custody under this article shall be released to the next of kin of the deceased, or to the agent of the next of kin, no later than 24 hours after the demand for release by that next of kin, or agent thereof, unless by that time the peace officer, medical examiner, or coroner has made a written finding that foul play may have been involved in the death of the deceased. 45-16-26. When there is no coroner or deputy coroner in a county in which the office of coroner has not been replaced by a county medical examiner or when both are absent from the county when needed or will not or cannot perform the duties required under this article, the medical examiner shall assume the duties and responsibilities of the coroner. When the medical examiner is performing the duties of the coroner in such cases, such medical examiner may sign the death certificate except when an inquest is held. 45-16-27. (a) Coroners shall require an inquest to be conducted in their respective counties as follows: (1) When any person dies under any circumstances specified in paragraphs (1) through (8) of subsection (a) of Code Section 45-16-24; provided, however, that an inquest is not required to be held, although the coroner is authorized to hold an inquest, under the following circumstances: (A) When upon the completion of the medical examiner's inquiry the peace officer in charge and the medical examiner are satisfied that, even though death resulted from violence, no foul play was involved. In this event, the peace officer in charge and the medical examiner shall make a written report of their investigation and findings to the division as set forth in Code Section 45-16-32 and upon their recommendation, the coroner shall make and file a proper death certificate; (B) When there is sufficient evidence to establish the cause and manner of death, even though the medical Page 1750 examiner's inquiry revealed that death resulted from foul play; (C) When no demand for an inquest is made within 30 days after the filing of the death certificate. However, if such demand is made by the party or parties affected by the death, the coroner is authorized to hold the inquest; (D) When upon the completion of the medical examiner's inquiry the medical examiner and peace officer in charge are sufficiently satisfied that death resulted from natural causes, and that medical examiner or coroner is willing to and does sign and file a proper death certificate, and no demand for an inquest is made within 30 days thereafter; (E) When after full and complete investigation no evidence of foul play is found in cases of hidden cause of death which fall under the jurisdiction of the coroner. The coroner shall be authorized to sign the death certificate on the basis of the information given to him in the reports of the peace officer in charge and the medical examiner, provided that, in such hidden causes of death, after a complete investigation, if sufficient medical history is obtained by the coroner, the peace officer in charge, or the medical examiner to disclose the cause of death and if the attending physician will sign the death certificate, such cases shall not come under the jurisdiction of the coroner; provided, further, that, if there are sufficient competent eyewitnesses to an act in the opinion of the peace officer in charge, such cases shall not come under the jurisdiction of the coroner; or (F) In cases of deaths of personnel in the armed forces of the United States government resulting from airplane disasters involving airplanes of the armed forces, including crashes or explosions, which deaths shall not come under the jurisdiction of the coroner. It shall be the responsibility of the peace officer in charge to notify the proper armed forces of the United States government immediately of such airplane crashes or explosions in order that they may send their trained Page 1751 forces to the scene for investigation. It shall be the duty of the peace officer in charge, when notified of such crashes or explosions, to proceed to the scene and guard the area in such manner that no bodies or parts of said airplanes shall be moved or disturbed until the arrival of proper investigating officers from the armed forces of the United States government; (2) When an inmate of a state hospital or a state, county, or city penal institution dies suddenly without an attending physician or as a result of violence. The state medical examiner, regional medical examiner, or county medical examiner shall perform all medical examiners' inquiries in cases of death of any inmate of a state hospital or state, county, or city penal institution. The coroner, in those counties in which such office has not been replaced by a county medical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32; (3) When ordered by a court in connection with a medical examiner's inquiry ordered by that court pursuant to subsection (c) of Code Section 45-16-24; or (4) Notwithstanding any other provisions of this subsection, no person shall be deemed to have died unattended by a physician when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. (b) Effective January 1, 1989, coroners shall be entitled to an investigation fee of $100.00 where no jury is impaneled and a fee of $100.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county. (c) When a coroner or a medical examiner conducts an investigation into the death of an individual, he shall be authorized Page 1752 to issue subpoenas to compel the production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner or medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. 45-16-27.1. (a) Where a coroner or county medical examiner has been notified pursuant to paragraph (6) of subsection (a) of Code Section 45-16-24 of the death of any person after birth but before 7 years of age whose death is unexpected or unexplained, the medical examiner's inquiry required by Code Section 45-16-25 shall include an autopsy unless that inquiry shows that such death was expected or explainable with a reasonable degree of medical certainty. (b) The provisions of this Code section shall apply notwithstanding subsection (b) of Code Section 45-16-22 or any other provision of this article. 45-16-28. In the case of death of any person under such circumstances as would not require a medical examiner's inquiry under Code Section 45-16-24, any physician who is duly licensed under the laws of this state or any other state having licensing requirements equal to or greater than those imposed by this state shall be deemed to have been legally authorized to perform an autopsy upon the body of a deceased person when such autopsy has been consented to by the person assuming custody of the body for the purposes of burial, such as the husband, wife, father, mother, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend of such deceased person charged by law with the responsibility of burial. If two or more of such persons assume custody of the body, the consent of one of them shall be deemed sufficient legal authorization for the performance of the autopsy. Page 1753 45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner or medical examiner present at such investigation; or, if no such coroner or medical examiner is present, the peace officer shall authorize such removal; provided, however, that this Code section shall not apply to the removal of a body where the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. 45-16-30. No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner's inquiry are complete and until the removal of the body is authorized by the coroner or county medical examiner. Any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both. 45-16-31. When the deceased body lies in a place inconvenient for holding a medical examiner's inquiry, the medical examiner or coroner shall be allowed to remove the body to the autopsy room of the nearest public hospital or morgue. If neither the coroner nor the medical examiner is immediately available, the peace officer may assume the authority to have the body moved to such facility. When such facility is not reasonably available, the body may be removed to such other suitable place as may be designated by the coroner or the medical examiner or by the peace officer in charge in the absence of the coroner or medical examiner. If the peace officer in charge is present, no such body shall be removed until photographs of the body and surrounding premises have been made and a thorough investigation of the premises has been made by the proper investigating authorities. 45-16-32. The medical examiner and coroner shall file in triplicate a report of each medical examiner's inquiry and coroner's investigation with the director of the division, who shall assign to the reports an appropriate division file number and return one copy of those reports to the medical examiner and forward one copy each of the medical examiner's inquiry and coroner's report to the coroner or county medical examiner and to the peace officer in charge. The coroner or county medical Page 1754 examiner shall maintain permanent records of such reports. The coroner or county medical examiner 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. 45-16-33. Upon the completion of the medical examiner's inquiry by the medical examiner, as provided in Code Section 45-16-24, and after verification by the division when such verification is required, the coroner shall then make an inquest into the death of such deceased person as provided in Code Section 45-16-27. 45-16-34. (a) The coroner shall issue subpoenas to or otherwise compel the attendance of witnesses; and he shall administer to such witnesses the following oath: `The evidence that you shall give this inquest on behalf of the state concerning the death of(or a person unknown, as the case may be) shall be the truth, the whole truth, and nothing but the truth, so help you God.' (b) When a coroner conducts an inquest into the death of an individual, he shall be authorized to issue subpoenas to compel production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county; provided, however, that the county shall not be responsible for duplication costs under $25.00. Page 1755 45-16-35. If the inquest discloses facts which lead or may lead to the prosecution of any person for the homicide of the person for whom the inquest is held, the coroner shall require all witnesses who testify to facts material to the issues involved in such prosecution to enter into a recognizance to appear in the superior court of the county in which the inquest is held and to give evidence against the defendant in such prosecution; and he shall also petition for the issuance of a warrant for the arrest of the person suspected of the homicide, which warrant shall be returnable as other warrants. 45-16-36. The coroner shall summon and impanel five jurors and one alternate juror to hold an inquest, which jurors shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for the next succeeding year but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner or other person discharging the duties of the coroner to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services. 45-16-37. No coroner's jury shall be impaneled until the investigation is completed and copies of the reports of the medical examiner and the peace officer in charge are received by the coroner. The jury is not required to view the body. 45-16-38. Whenever a coroner receives notice of the death of any person within the limits of the county of which he is coroner, which death occurred under circumstances which make it his duty, under the law, to hold an inquest, he shall make out a precept directed to the sheriff or any constable of the county having jurisdiction requiring him to summon a jury of inquest selected from the grand jury or traverse jury lists of the last excused term of the superior court of such county to appear before the coroner at the time and place mentioned in the precept, which precept may be in the following form: State of Georgia County. Page 1756 To the sheriff or any lawful constable of said county. Greeting: You are required immediately to summon six persons of said county, chosen from the lists of grand jurors and traverse jurors of the last excused term of the superior court of said county, to be and appear before me, the undersigned, coroner of the county aforesaid, at, in said county, on theday ofat: . M. of that same day, then and there to inquire of, do, and execute all such things as in behalf of the state shall be given them in charge concerning the death of(or a person unknown, as the case may be), and be you then and there with this precept to certify what you have done in the premises and further to do whatsoever else may in behalf of the state be enjoined upon you. Given under my hand and seal, this theday of, in the year of our Lord. Coroner (L.S.) Such precept shall be immediately executed by the sheriff or constable in whose hands it may be placed; and, if the services of the sheriff or a constable cannot be conveniently obtained, the coroner may summon the jury himself. 45-16-39. (a) The following oath shall be administered to the foreman of the jury by the coroner: `You, as foreman of the inquest, shall diligently inquire and true presentment make, on behalf of the State of Georgia, how and in what manner(or a person deceased, unknown, as the case may be) came to his death and of such other matters relating to the same as shall be lawfully required of you, according to evidence, so help you God.' (b) The remainder of the jury shall be sworn by the coroner as follows: Page 1757 `The same oath which the foreman of this inquest has taken on his part each of you shall observe and keep upon your part, so help you God.' 45-16-40. (a) The coroner shall charge the jurors to declare, and they shall so declare, whether the person for whom the inquest is held died by: (1) Homicide; (2) Suicide; (3) Accident; (4) Natural causes; or (5) Undetermined causes and all of the circumstances relating to the death. (b) The jury shall have full and unrestricted power to inquire and pass upon all the matters and things thus given them in charge and they shall have this power even if the whole or a part of the charge is omitted. 45-16-41. Any juror failing to attend and serve on a coroner's inquest after being duly summoned may be fined by the coroner in a sum not exceeding $100.00 to be levied and collected by execution issued by the coroner unless such defaulting juror shall file in the office of the judge of the probate court a good and sufficient excuse for the default to be judged by the next probate court held thereafter. 45-16-42. In all inquests the results of the medical examiner's inquiry performed shall be offered in evidence either by oral testimony of the medical examiner or by introduction of a copy of the report filed with the director of the division, as verified in the cases requiring verification. The jury shall be free to reach a verdict in accord or discord with such evidence but in all cases such evidence must be presented to them for their consideration. Page 1758 45-16-43. Reports of medical examiners' inquiries performed as provided in this article and copies of records, photographs, laboratory findings, and reports in the office of the director of the division, when duly attested by said director, shall be received as evidence in any court or other proceeding for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto. 45-16-44. After the medical examiner's inquiry and inquest have been completed, the dead body shall be delivered to the person legally entitled thereto for burial. If no person claims the body, it shall be turned over to the coroner of the county where death occurred for disposition as provided by law. If the deceased has an estate out of which burial expenses can be paid, either in whole or in part, such estate shall be taken for such purpose before any expense under this Code section is imposed upon any county. 45-16-45. In order to implement this article, coroners are authorized to disinter any body already buried and, like a sheriff, to command the power of the county for that purpose. Medical examiners, other than local medical examiners, may likewise exercise such authority in any case wherein such authority is granted by an order of the judge of the superior court of the county. Such orders may be granted by judges of the superior courts, in their discretion, upon petition of any medical examiner other than a local medical examiner. 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 coroner or 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 Page 1759 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. 45-16-47. Except as provided in Code Section 45-16-30, any person who violates this article shall be guilty of a misdemeanor. 45-16-48. A coroner may be authorized to employ, at his discretion, a court reporter who is certified under Article 2 of Chapter 14 of Title 15, `The Georgia Court Reporting Act,' to record the proceedings of any inquest. The cost of acquiring the services of a certified court reporter shall be paid from the funds of the county where the inquest is held. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 45-16-62, establishing the Georgia Coroner's Training Council, and inserting in its place a new subsection to read as follows: (a) There is established a council which shall be known and designated as the `Georgia Coroner's Training Council' which shall be composed of the superintendent of the Georgia Police Academy or his designee, which member shall not be a voting member; five coroners appointed by the Board of Public Safety, three of whom will be selected from a list of five persons recommended by the Georgia Coroner's Association; and one physician trained in forensic pathology and appointed by the Board of Public Safety, which physician member shall not be a voting member of the council but shall advise the council regarding the training course curriculum for coroners. The term of office of the physician member appointed in 1990 shall begin September 1, 1990, and that and all subsequent terms for that office shall be for four years and until the appointment and qualification of a successor. The five coroners appointed shall serve for terms of four years. The term of office of the member initially appointed in 1987 shall begin September 1, 1987. Any Page 1760 person, other than the physician member, appointed to the council who ceases to serve as a coroner shall be ineligible to continue service on the council. The Georgia Police Academy shall establish a curriculum advisory committee to provide information beneficial to the development of courses at the Georgia Police Academy. Members of the committee will be selected by the superintendent of the Georgia Police Academy. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 45-16-66, relating to annual training requirements, and inserting in its place a new subsection to read as follows: (a) In order to maintain the status of a certified coroner, each person certified as such shall complete 32 hours of additional training per annum during each year in which he serves as coroner, as provided in Code Section 45-16-6, and shall file a certificate of additional training with the Board of Public Safety. Section 6 . Those provisions of this Act necessary for the appointment of members of the Medical Examiner Advisory Commission shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective on July 1, 1990. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1761 CHILD ABUSEREPORTING REQUIREMENTS. Code Section 19-7-5 Amended. No. 1386 (House Bill No. 1316). AN ACT To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, so as to change legislative purpose and intent; to provide for definitions; to change which persons are required to report child abuse; to change when certain notifications must be made; to provide for criminal penalties and fines; to require reporting notwithstanding the privileged or confidential nature of certain communications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting child abuse, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 19-7-5. (a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear on the situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof. (b) As used in this Code section, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: Page 1762 (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (c) (1) The following persons having reasonable cause to believe that a child has been abused shall report or cause reports of that abuse to be made as provided in this Code section: (A) Physicians licensed to practice medicine, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; Page 1763 (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) Schoolteachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; or (N) Law enforcement personnel. (2) If a person is required to report abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. (d) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused may report or cause reports to be made as provided in this Code section. (e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if Page 1764 requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority. (f) Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in the making of a report or causing a report to be made to a child welfare agency providing protective services or to an appropriate police authority pursuant to this Code section or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section or any other law is made in good faith. Any person making a report, whether required by this Code section or not, shall be immune from liability as provided in this subsection. (g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such Page 1765 abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by law. (h) Any person or official required by subsection (c) of this Code section to report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. COURTSREMOVAL OF CHILDREN FROM HOME. Code Section 15-11-41 Amended. No. 1387 (House Bill No. 1320). 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 revise the provisions relating to the removal of a child from that child's home; to provide that the Division of Family and Children Services of the Department of Human Resources shall submit a case plan for the reunification of the child and his or her family; to provide that the Division of Family and Children Services shall retain supervision of the child; to provide for review procedures, hearings, and judicial orders relating to the reunification of the child and his or her family; to provide that upon proper cause parental rights may be terminated; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 1766 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 15-11-41, relating to limitations of time on orders of disposition, in its entirety and inserting in lieu thereof a new Code Section 15-11-41 to read as follows: 15-11-41. (a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Division of Youth Services continues in force for two years or until the child is sooner discharged by the Division of Youth Services. The court which made the order may extend its duration for an additional two years subject to like discharge, if: (1) A hearing is held upon motion of the Division of Youth Services prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to prevent or eliminate the need for removal and to make it possible for the child to return to the child's home. Such findings shall also be made at every subsequent review of the court's order under this statute. (c) Within 30 days of the date of removal of the child from the home, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall include a case plan for a reunification Page 1767 of the family which shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The plan shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the plan will be submitted to become an order of the court. The case plan shall be in effect until modification by the court. The plan will address each reason requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home; (2) A discussion of how the plan is designed to achieve a placement in the least restrictive, most family-like setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child; (3) A clear description of the specific actions to be taken by the parents, the specific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be returned home; provided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made conditions of the return of the child without further court review; Page 1768 (4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan; (5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and (6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters. The report submitted to the court shall also contain any dissenting recommendations of the citizen review panel, if applicable, and the parents which are not in accord with the proposed plan submitted to the court. After receiving the proposed plan, unless a hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan which the court finds essential to reunification of the child with his or her family specifying what must be accomplished by all parties before reunification of the family can be achieved. At the time the proposed plan is transmitted to the court, a copy shall also be transmitted to the parents, along with written notes that the plan will be made the order of the court unless, within five days from the date the copy of the plan was received, they request a hearing before the court to review the plan. (d) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 18 months after the date of original placement with the department or until sooner terminated by the court. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement, and shall be conducted by the juvenile court judge, or a properly designated referee or judge pro tempore, or by judicial citizen review panels established by the court, as the Page 1769 court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the department, along with the department's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. (e) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan to achieve reunification. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following: (1) That the child return to the home of his parents, legal guardian, or custodian with or without court imposed conditions; (2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or (3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. In the event that the citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is Page 1770 significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the department, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. (f) The court which made the order may extend its duration for not more than two years if: (1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall determine the future status of the child including, but not limited to, whether the child should be returned to the parent(s), should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and (3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (g) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; Page 1771 (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (h) Except as provided in subsection (a) of this Code section, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (i) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him then in force terminate and he is discharged from further obligation or control. Section 2 . This Act shall become effective on July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1772 CHILD ABUSECENTRAL CHILD ABUSE REGISTRY ESTABLISHED. Code Title 49, Chapter 5, Article 8 Enacted. No. 1388 (House Bill No. 1317). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide for a new article establishing a central child abuse registry; to provide for definitions; to provide for the purpose of such registry; to provide the conditions under which reports must be made for purposes of inclusion in such registry and the contents thereof; to provide for classifications; to provide for expunging information from the registry; to provide for access to information in the registry; to provide for statistical analyses; to provide for the confidential nature of information in the registry and restrict its public use; to prohibit providing, obtaining, communicating, or using such information and certain attempts relating thereto; to provide for penalties; to provide for immunity from liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows: ARTICLE 8 49-5-180. As used in this article, the term: (1) `Abuse investigator' means the department, any local department of family and children services, law enforcement agency, or district attorney or designee thereof. Page 1773 (2) `Abuse registry' means the central child abuse registry required to be established by Code Section 49-5-181. (3) `Abused' means subjected to child abuse. (4) `Child' means any person under 18 years of age. (5) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; (C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; and (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183. (6) `Confirmed' means that an investigation by an abuse investigator has revealed that there is substantial credible evidence that child abuse occurred. (7) `Division' means the Division of Family and Children Services of the Department of Human Resources. Page 1774 (8) `Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as to information obtained under this article which are similar to those provided in this article. (9) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (10) `Unconfirmed' means that an abuse investigator has been unable to locate the child allegedly abused or has determined by an investigation that there is not substantial credible evidence that child abuse occurred. (11) `Under investigation' means that an investigation by an abuse investigator has not been completed but shall not extend beyond 180 days from the date the investigation began. (12) `Unfounded' means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred. 49-5-181. The division shall establish and maintain a central child abuse registry which shall receive all information regarding suspected cases of child abuse reported to the division pursuant to Code Section 49-5-183. In addition the division shall notify any individual whose name appears in the registry and provide, in writing, the procedure for expungement. 49-5-182. The abuse registry shall be operated in such a manner as to enable abuse investigators to: Page 1775 (1) Immediately identify and locate prior reports of child abuse; and (2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183. (a) All reports of alleged child abuse received by any abuse investigator pursuant to Code Section 19-7-5 and all cases in which an abuse investigator independently makes a determination that there is reasonable cause to believe a child has been abused shall be reported to the division upon the earlier of: (1) The completion of the investigation; or (2) Within 30 days after the report pursuant to Code Section 19-7-5 is made or the independent determination by the investigator is made. (b) If, within the 30 days specified in paragraph (2) of subsection (a) of this Code section, the investigation by an abuse investigator: (1) Is completed, that investigator shall classify the alleged abuse as `unfounded,' `confirmed,' or `unconfirmed' and, if classified as: (A) `Unfounded,' the abuse investigator shall not make a report to the division, notwithstanding subsection (a) of this Code section; or (B) `Confirmed' or `unconfirmed,' the abuse investigator shall make a report to the division and include such classification; or (2) Is not completed, that abuse investigator shall make to the division a report which classifies the alleged abuse as `under investigation.' (c) The report to the division pursuant to this Code section shall also include the following: Page 1776 (1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused; (2) Name, age, sex, race, social security number, and birthdate of the child's parents, custodian, or caretaker, if known; (3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known; and (4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination thereof. (d) Upon completion of its investigation of a case reported to the division and classified as `under investigation,' the abuse investigator shall: (1) Classify such case as `confirmed,' `unconfirmed,' or `unfounded,'; and (2) If the case is classified as `confirmed' or `unconfirmed' report such classification to the abuse registry. 49-5-184. (a) The division shall include in the abuse registry the information reported to it pursuant to Code Section 49-5-183 within ten days after receipt thereof. (b) All identifying information in the abuse registry of cases classified as `unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified. If at any time a case becomes reclassified as `unfounded' it shall be immediately expunged from the abuse registry. (c) Any individual whose name appears in the abuse registry may petition the juvenile court of the county in which the report was made for expungement at any time. The juvenile court, after conducting a hearing at which the division has been served with notice and is given a reasonable opportunity to be Page 1777 heard, shall order expungement upon a finding that there is no reasonable basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period. 49-5-185. (a) Only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be provided information relating to that case for purposes of using that information in such investigation, except as provided in subsection (b) of Code Section 49-5-186. (b) The department shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. 49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohibited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of Chapter 5 of Title 49. (b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use and make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. (c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor. Page 1778 49-5-187. The department and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such information from the abuse registry as authorized by this article shall have no civil or criminal liability therefor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. SOCIAL SERVICESCHILD ABUSE RECORDS. Code Title 49, Chapter 5, Article 2 Amended. No. 1389 (House Bill No. 1319). AN ACT To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, so as to provide for definitions; to change the persons having access to such records and information contained therein and provide conditions for certain disclosures; to prohibit certain conduct relating to such records and information contained therein and provide penalties therefor; to provide immunity for certain disclosures; to prohibit certain information from being made a part of records which are open to the public and provide an exception; to limit certain inspections of records or release of information which would result in loss of federal funds; 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 49 of the Official Code of Georgia Annotated, relating to child abuse records, is amended by striking Code Section 49-5-40, declaring certain records to be confidential, and inserting in its place a new Code section to read as follows: Page 1779 49-5-40 (a) As used in this article, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (b) Each and every record concerning reports of child abuse and child controlled substance or marijuana abuse which is in the custody of the department or other state or local agency is declared to be confidential, and access thereto is prohibited except as provided in Code Section 49-5-41 and Code Section 49-5-41.1. Section 2 . Said article is further amended by striking Code Section 49-5-41, relating to persons permitted access to child abuse records, and inserting in its place the following: Page 1780 49-5-41. (a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse: (1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is investigating a report of known or suspected child abuse or treating a child or family which is the subject of a report or record; (2) A court, by subpoena, upon its finding that access to such records may be necessary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence; (3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business; (4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty; (5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child concerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report; (6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child when such person specifies the identity of the child, but such access shall be limited to a disclosure regarding whether there is such an Page 1781 ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed; and (7) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel, provided that only those parts of the record relevant to the personnel action shall be disclosed. The name of any complainant or client shall not be identified nor entered into the record. (b) (1) Notwithstanding Code Section 49-5-40, the juvenile court in the county in which are located any department or county board records concerning reports of child abuse, after application for inspection and a hearing on the issue, shall permit inspection of such records by or release of information from such records to individuals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this subsection. When those records are located in more than one county, the application may be made to the juvenile court of any one such county. A copy of any application authorized by this subsection shall be served on the nearest office of the department. In cases where the location of the records is unknown to the applicant, the application may be made to the Juvenile Court of Fulton County. (2) The juvenile court to which an application is made pursuant to paragraph (1) of this subsection shall not grant the application unless: (A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the information is not arbitrarily sought; (B) The applicant carries the burden of showing the legitimacy of the research project; and Page 1782 (C) The applicant agrees, and the court so orders the applicant, not to disclose: (i) The name, address, or other identifier of a child; (ii) Information which would identify individuals who were investigated but not charged with or prosecuted for a crime or who were reporters of child abuse; or (iii) Information which would prove personally embarassing to individuals who were not targets of any investigation unless the juvenile court determines that exceptional interests militate in favor of disclosure but any agreement order pursuant to this subparagraph shall not apply to information obtained from other than the records to which the applicant is afforded access under this subsection. (3) If an applicant fails to conduct a research project in accordance with the research application submitted pursuant to this subsection or fails to comply with subparagraph (C) of paragraph (2) of this subsection, the court issuing the order under that paragraph (2) may terminate access, impose other restrictions, hold the applicant in contempt of court, or impose any combination of such sanctions. (4) Notwithstanding the provisions of this subsection, access to the child abuse registry created pursuant to Article 8 of this chapter shall not be permitted except as allowed by Article 8 of this chapter. (c) The department or a county or other state or local agency may permit access to records concerning reports of child abuse and may release information from such records to the following persons or agencies when deemed appropriate by such department: Page 1783 (1) A physician who has before him a child whom he reasonably suspects may be abused; (2) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected child abuse; (3) A person legally authorized to place a child in protective custody when such person has before him a child he reasonably suspects may be abused and such person requires the information in the record or report in order to determine whether to place the child in protective custody; (4) An agency or person having the legal custody, responsibility, or authorization to care for, treat, or supervise the child who is the subject of a report or record; (5) An agency, facility, or person having responsibility or authorization to assist in making a judicial determination for the child who is the subject of the report or record of child abuse, including but not limited to members of officially recognized citizen review panels, court appointed guardians ad litem, certified Court Appointed Special Advocate (CASA) volunteers who are appointed by a judge of a juvenile court to act as advocates for the best interest of a child in a juvenile proceeding, and members of a county child abuse protocol committee or task force; (6) A legally mandated public child protective agency or law enforcement agency of another state bound by similar confidentiality provisions and requirements when, during or following the department's investigation of a report of child abuse, the alleged abuser has left this state; (7) A child welfare agency, as defined in Code Section 49-5-12, or a school where the department has investigated allegations of child abuse made against any employee of such agency or school and any child remains at risk from exposure to that employee; (8) An employee of a school or employee of a child welfare agency, as defined in Code Section 49-5-12, against whom allegations of child abuse have been made, when the Page 1784 department has been unable to determine the extent of the employee's involvement in alleged child abuse against any child in the care of that school or agency. In those instances, upon receiving a request and signed release from the employee, the department may report its findings to the employer; and (9) Any person who has an ongoing relationship with the child named in the record or report of child abuse any part of which is to be disclosed to such person but only if that person is required to report suspected abuse of that child pursuant to subsection (b) of Code Section 19-7-5, as that subsection existed on January 1, 1990. Section 3 . Said article is further amended by striking Code Section 49-5-44, relating to penalties for allowing unauthorized access to certain records, and inserting in its place a new Code section to read as follows: 49-5-44. (a) Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41 to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. (b) Any person who knowingly and under false pretense obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized in this article or Code Section 19-7-5 shall be guilty of a misdemeanor. (c) Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. Section 4 . Said article is further amended by adding at the end a new Code section to read as follows: 49-5-46. The department or any agency and employees of either providing access to or disclosure of records or information Page 1785 as authorized by Code Section 49-5-41 shall have no civil or criminal liability therefor. Section 5 . This Act shall not authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. STATE-WIDE CHILD FATALITY REVIEW PANELCREATION. Code Title 19, Chapter 1 Amended. No. 1390 (House Bill No. 1318). AN ACT To amend Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, so as to provide for definitions; to change the composition of child abuse protocol committees; to require medical examiners to make reports to such committees regarding certain deaths of children; to provide for committee meetings, investigations, and reports concerning such deaths and provide for subpoenas; to provide for transmitting reports of these committees and conditions relating thereto; to create the State-wide Child Fatality Review Panel and provide for its selection, membership, organization, meetings, duties, and powers; to provide for terms of panel members and for vacancies on the panel; to provide for compensation, expenses, and allowances of the panel; to provide for reports and procedures; to provide for the privileged and confidential nature of certain information and meetings; to prohibit certain disclosures and provide for criminal penalties; to provide for immunity from liability; to provide for statutory construction; to Page 1786 provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions regarding domestic relations, is amended by striking that chapter and inserting in its place a new chapter to read as follows: CHAPTER 1 19-1-1. As used in this chapter, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) `Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, schoolteacher, school administrator, or school counselor or who is employed to render services to children by the Department of Human Resources or any county board of health or county department of family and children services. Page 1787 (5) `Committee' means a child abuse protocol committee established pursuant to Code Section 19-1-2. (6) `Panel' means the State-wide Child Fatality Review Panel created by Code Section 19-1-4. (7) `Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-1-3. (8) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. 19-1-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting. Thus established, the committee shall thereafter elect a chairperson from its membership. (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; Page 1788 (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county; (J) The county board of health, which shall designate a physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. (d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, Page 1789 and to ensure that more effective treatment is provided for the perpetrator, the family, and the child. (g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same. 19-1-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-25, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death. (b) A committee which receives a report pursuant to subsection (a) of this Code section shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the committee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The committee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The committee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee held after the committee received the medical examiner's report. The committee's report shall: (1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and ending dates and kinds of services Page 1790 delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and (6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths. (c) The committee shall transmit a copy of its report within 15 days following its completion to the Department of Human Resources and to the panel. The committee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious; Page 1791 (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide. 19-1-4. (a) There is created the State-wide Child Fatality Review Panel which shall be composed as follows: (1) One district attorney; (2) One juvenile court judge; (3) One citizen member who is not employed by or an officer of the state or any political subdivision thereof; (4) One forensic pathologist; (5) The chairman of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Department of Human Resources; and (7) The director of the Georgia Bureau of Investigation. (b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1, 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or position specified therein. Page 1792 (c) Those members of the panel described in paragraphs (4) through (7) of subsection (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study committees, which shall be payable from the department or agency of which such member is an employee or officer. The remaining members of the panel shall receive from state funds no compensation, expenses, or allowances for such services on the panel. (d) The chairman of the Board of Human Resources shall serve as chairman of the panel. The panel shall meet yearly to review the reports of committees and shall meet when requested to do so by the Governor. The chairman shall review each report submitted to the panel by a committee and may call a special meeting of the panel to review any report when the chairman has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review. (e) At the end of each calendar year, the panel shall submit a report to the Governor regarding the prevalence and circumstances of child fatalities in the state, recommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues: (1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) Whether agency intervention could have prevented their deaths; (4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and (5) Whether any referral should have been made to a law enforcement agency which was not made. (f) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children Page 1793 and may obtain the assistance of child protection professionals in establishing such procedures. 19-1-5. Meetings and proceedings of: (1) A committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings; (2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying information is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-1-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a committee made pursuant to Code Section 19-1-3 and reports of the panel made pursuant to Code Section 19-1-4 shall be public records and shall be released to any person making a request therefor but the panel or committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a committee or the panel based upon information received thereby and containing no information which would permit the identification of any person shall be public records. (d) Members of a committee or of the panel shall not disclose what transpires at any meeting other than one made public Page 1794 by Code Section 19-1-5 nor disclose any information the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. (e) A person who presents information to a committee or the panel or who is a member of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (g) A member of a committee or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code section. Section 2 . Nothing in this Act shall be construed to authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state. Section 3 . Those provisions of this Act relating to and necessary for purposes of appointing members of the child abuse protocol committees and the State-wide Child Fatality Review Panel shall become effective when this Act is approved by the Governor Page 1795 or becomes law without such approval. The remaining provisions of this Act shall become effective July 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. WITNESSESCHILDREN COMPETENT TO TESTIFY. Code Section 24-9-5 Amended. No. 1391 (House Bill No. 1321). AN ACT To amend Code Section 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, so as to provide that in all cases involving deprivation, or in criminal cases involving child molestation, the child involved shall be competent to testify; 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 24-9-5 of the Official Code of Georgia Annotated, relating to competency of persons without use of reason, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this Code section, in all cases involving deprivation as defined by Code Section 15-11-2, or in criminal 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 Page 1796 competent to testify, and his credibility shall be determined as provided in Article 4 of this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; PREGNANCY. Code Section 47-3-90 Amended. No. 1394 (House Bill No. 273). AN ACT To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service; to provide conditions 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 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-3-90 to read as follows: 47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a capacity specified by subsection (a) of Code Section 20-2-850 Page 1797 may, subject to the limitations of subsection (b) and the requirements of subsection (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of the member's pregnancy. (b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months. (c) A member who desires to establish creditable service under this Code section must: (1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board employee and employer contributions for the period of creditable service claimed by the member based on the salary of the member immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually from the time of the absence because of pregnancy until the date of payment. Section 2 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically Page 1798 repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. EMOTIONALLY DISTURBED CHILDRENDELIVERY OF SOCIAL SERVICES. Code Title 49, Chapter 5, Article 8 Enacted. No. 1395 (House Bill No. 560). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, so as to provide for coordination of the delivery of services to children and adolescents with severe emotional disturbances; to define certain terms; to provide for intent; to provide for ideals and principles of coordinated care; to provide for coordination of services by the Department of Education and the Department of Human Resources; to provide for the joint adoption of rules and budgets; to provide for an individual plan for each such child or adolescent; to provide for joint development of a five-year plan for the coordinated system of care; to provide for an annual report regarding such plan; to prohibit future out-of-state placement of severely emotionally disturbed children and adolescents and to require those currently placed out of state to be brought home; to provide for exceptions; to provide that funds used for out-of-state placements shall be used for in-state treatment of such children and adolescents; to provide for development of fiscal incentives for community based services and programs; to provide for provision of services in the least restrictive environment; to authorize certain private agencies to provide services; to provide for creation of local interagency children's committees; to provide for their membership, duties, and responsibilities; to provide for the development of Page 1799 regional plans for the delivery of services; to provide for case management; to provide for all related matters; 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 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by adding at the end thereof a new Article 8 to read as follows: ARTICLE 8 49-5-180. (a) The General Assembly declares its intention and desire to: (1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, non-residential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different Page 1800 source of funding, the General Assembly intends that the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-181. (d) The commissioner of the Department of Human Resources and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources. 49-5-181. As used in this article, the term: Page 1801 (1) `Annual report' means the report prepared by the commissioner of the Department of Human Resources for publication and dissemination that includes: the jointly developed State Plan for the Coordinated System of Care; and data on state services to severely emotionally disturbed children or adolescents that are provided either directly by the Department of Human Resources, the Department of Education, or other involved state agencies, or indirectly through state funding to private agencies. (2) `Case management' means assuring continuity of services for the child and family, coordinating of services for the child and family, coordinating the interagency assessment of the child and family's needs, arranging for needed services, and linking various services and agencies. (3) `Case manager' means the individual identified and assigned the responsibility of ensuring that the child and family obtain necessary services. The case manager shall ensure that evaluations and service provision from multiple agencies are coordinated; that services are based on integrated assessments and evaluations; that adequacy and appropriateness of services is reviewed through quarterly case review staffings; that prompt service delivery is facilitated; that clients are tracked; and that family involvement and input is maintained. (4) `Coordinated system of care' means a comprehensive array of mental health and other necessary services organized into a coordinated network to meet the multiple and changing needs of severely emotionally disturbed children and adolescents. (5) `Five-year plan' or `state plan' means the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents. (6) `Individualized plan' means a written plan for a child or adolescent with a severe emotional disturbance, when appropriate and when eligible, that is based upon the comprehensive multidisciplinary assessment of the individual needs of the child. Such plans shall include, but not be limited to: individualized treatment plans; individualized Page 1802 education plans; individualized placement plans; individualized case plans; individualized family service plans; and individualized employment, service, and rehabilitation plans. (7) `Local interagency children's committees' means committees with multiagency representation that are established at the local level to staff cases and review decisions about appropriate treatment or placement of children or adolescents experiencing severe emotional disturbance. Existing troubled children's committees may serve as local interagency committees. (8) `Regional plan' means a written strategy developed by local interagency children's committees based on the principles delineated in Code Section 49-5-182. It contains the same components as the state plan. (9) `Reintegration plan' means an individualized plan that is designed to provide for the return of the severely emotionally disturbed child or adolescent, who has been placed out of home or out of state to his family or community. (10) `Severely emotionally disturbed child or adolescent' or `child or adolescent with a severe emotional disturbance' means a person defined as such by the Department of Human Resources for mental health services or by the Department of Education for educational purposes. 49-5-182. The following ideals shall be the guiding principles for the coordinated system of care: (1) Services shall be child and family centered and give priority to keeping children with their families. Families shall be fully involved in all aspects of planning and delivery of services; however, no family shall be required to accept services for any family member; (2) Services shall be community based, with decision-making responsibility and management at the community level; Page 1803 (3) Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs; (4) Agency resources and services shall be shared and coordinated with written interagency agreements detailing linkages; (5) Services shall be provided in the least restrictive setting consistent with effective services and as close to the child's home as appropriate; (6) Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet the individual needs of the child and family; (7) Services shall promote early identification and intervention; (8) Services shall be culturally and ethnically sensitive; (9) All legal rights of these children shall be protected; and (10) The parent or guardian shall be involved in the development of the individualized plan and the delivery of services as defined by the individualized plan. 49-5-183. (a) The State Plan for the Coordinated System of Care shall be based upon the projected need for services for a five-year period. The plan shall: (1) Be based upon the principles delineated in Code Section 49-5-182; (2) Be based on a case management system with assigned case managers; (3) Consider nonresidential services including case management, prevention, early identification, assessment, outpatient treatment, home based services, day treatment, and emergency services; Page 1804 (4) Consider residential services including therapeutic foster care, therapeutic group care, independent living services, residential treatment care, and inpatient hospitalization; (5) Include mechanisms for handling conflict resolution among the various responsible agencies; (6) Provide a mechanism to coordinate local resources with all involved state agencies; (7) Develop specific guidelines for the development and submission of regional interagency plans based on the principles in Code Section 49-5-182; (8) Provide for the coordination of budget, where possible; for the publication of joint costs of the comprehensive plan; and for a statement on budget recommendations; (9) Identify gaps in service; (10) Identify needed policy revisions; and (11) Recommend priorities for the continuation or development of programs and resources. (b) In developing the plan, the Department of Human Resources and the Department of Education shall collect information on the population currently being served and the population projected to be served. (c) The plan shall be updated annually. (d) The first plan shall be put into implementation July 1, 1991. 49-5-184. The commissioner of Human Resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, and the Commission of Children and Youth. The report shall contain a copy of the updated State Plan for the Coordinated System of Page 1805 Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Human Resources, the Department of Education, or any other state agency: (1) The number and ages of children in out-of-state residential facilities; (2) The number and ages of children in in-state residential facilities; (3) The number and ages of children in nonresidential treatment; (4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement; (5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement; (6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment; (7) The average length of stay in out-of-state and in-state placements; and (8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state. 49-5-185. (a) At least one local interagency committee shall be established for each administrative district of the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources whose permanent membership shall include a local representative from each of the following: (1) The community mental health agency responsible for coordinating children's services; Page 1806 (2) The Division of Family and Children Services of the Department of Human Resources; (3) The Division of Youth Services of the Department of Human Resources; (4) The Division of Public Health of the Department of Human Resources; (5) A member of the special education staff of the local education agency; (6) The Rehabilitation Services Division of the Department of Human Resources. (b) In addition to the permanent members, the local interagency committee reviewing the case of a child or adolescent may include as ad hoc members the special education administrator of the school district serving the child or adolescent, the parents of the child or adolescent, and caseworkers from any involved agencies. (c) The local interagency committees shall: (1) Staff cases and review and modify as needed decisions about placement of children and adolescents in out-of-home treatment or placement, monitor each child's progress, facilitate prompt return to the child's home when possible, develop a reintegration plan shortly after a child's admission to a treatment program, review the individual plan for the child or adolescent and amend the plan if necessary, and ensure that services are provided in the least restrictive setting consistent with effective services; and (2) Be the focal point for the regional plan, if any. 49-5-186. (a) Effective July 1, 1993, no children or adolescents with a serious emotional disturbance shall be placed out of state for treatment except after all community resources have been exhausted, all administrative procedures and remedies have been exhausted, or the court has ordered placement or services other than in Georgia. Page 1807 (b) The cases of all children and adolescents currently placed out of state for treatment of serious emotional problems shall be reviewed to determine the appropriateness of their placement, their readiness to return to their home community, and needed services. All children currently in out-of-state placement shall be brought home no later than July 1, 1995, but only after each child has been given an individual reintegration plan specifying in detail the services, both in terms of human services and in fiscal resources, that shall be available and provided for that child and family. The services for each such child shall be provided from the funds appropriated, including funds now used for out-of-state placement of such child, and all such services shall be provided in the least restrictive environment. (c) Fiscal incentives, such as flexible funding or decentralized funding, shall be developed for keeping children with their families and developing community based services. (d) Nothing in this article shall prohibit or prevent a nonprofit agency from contracting with the state to provide any part of the continuum of services, provided that such services shall be provided in the least restrictive environment. 49-5-187. (a) The Commission for Children and Youth shall: (1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, the Department of Human Resources, and the Department of Education; (2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Children and Youth, the Governor, the Department of Human Resources, and the Department of Education. Page 1808 Section 2 . Those portions of this Act which require new funding shall not become effective until funds are appropriated by the General Assembly. All other portions of this Act shall become effective July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. GEORGIA MEDICAL ASSISTANCE ACT OF 1977DRUGS. Code Section 49-4-142 Amended. Code Section 49-4-152.2 Enacted. No. 1396 (House Bill No. 577). 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 drug application fees; to authorize drug rebate negotiations and agreements; to provide for the inclusion of certain drugs upon a specified list; to require disclosure of certain drug pricing arrangements; to provide for reimbursement amounts; to provide for statutory construction; to provide for effective dates; 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 at the end of Code Section 49-4-142, relating to the creation of the Department of Medical Assistance, a new subsection to read as follows: (c) The department is authorized to establish drug application fees which shall be equal to the department's cost of Page 1809 investigating and determining whether a new drug product should be included in the Controlled Medical Assistance Drug List. Such fees shall be adjusted annually and shall be paid by the drug manufacturers at the time of application. Section 2 . Said article is further amended by adding after Code Section 49-4-152.1 a new Code section to read as follows: 49-4-152.2. (a) The department is authorized to negotiate and enter into agreements directly with manufacturers and distributors whose prescription drug products are sold in the state for sole-source and multiple-source drugs to be paid for under the state plan for eligible recipients under this article. Such agreements shall provide for a periodic rebate of a negotiated percentage of the total product cost to be paid by the manufacturer or distributor of a specific product covered under the state plan. (b) Prescription drug products shall be included in the Controlled Medical Assistance Drug List only upon satisfaction and completion of the application and approval process established by the department. Those products for which a rebate has been successfully negotiated shall automatically be included in the Controlled Medical Assistance Drug List for a period of time coterminous with the negotiated rebate. (c) If there has been a failure to negotiate or renew a rebate agreement for a specific prescription drug product, the pharmaceutical manufacturer or distributor of that product shall disclose to the department its most favorable pricing arrangements available to state and nonstate government purchasers of such products. If the department determines that the product needs to be included in the Controlled Medical Assistance Drug List, the department shall establish the amount of the rebate for such product based upon the price information provided by the manufacturer or distributor. The determination as to whether a product should be included in the Controlled Medical Assistance Drug List shall be based upon the product's efficacy, cost, medical necessity, and safety. (d) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157. Page 1810 Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that Section 2 of this Act shall become effective on July 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. HOSPITAL EMERGENCY ROOMSNOTICE OF RIGHTS OF WOMEN IN LABOR AND PERSONS WITH EMERGENCY MEDICAL CONDITIONS. Code Section 31-7-3.1 Enacted. No. 1397 (House Bill No. 580). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require certain hospitals which operate emergency rooms to post certain notices in such emergency rooms; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding, following Code Section 31-7-3, a new Code Section 31-7-3.1 to read as follows: 31-7-3.1. As a condition of obtaining or retaining the permit required by Code Section 31-7-3 to operate such institution, any hospital which operates an emergency room shall post conspicuously therein a sign notifying the public of the rights of Page 1811 individuals under federal or state law with respect to examination and treatment for emergency medical conditions and women in active labor. Section 2 . This Act shall become effective on January 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. REGENTS RETIREMENT PLAN ACT. Code Section 47-3-68 Enacted. Code Section 47-21-1 through 47-21-8 Enacted. No. 1398 (House Bill No. 639). AN ACT To amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that certain faculty and principal administrators of the University System of Georgia may elect to decline or withdraw membership in the teachers retirement system and become members of a retirement plan established by the Board of Regents of the University System of Georgia; to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions systems, so as to provide for an optional retirement plan for certain employees of the University System of Georgia; to provide for a short title; to provide for definitions; to provide for contributions to said optional retirement plan; to provide for other matters relative to the foregoing; to provide conditions 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: Page 1812 Section 1 . Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-68 to read as follows: 47-3-68. (a) As used in this Code section, the term `eligible university system employee' means faculty and principal administrators employed by the University System of Georgia, as designated by regulations of the Board of Regents of the University System of Georgia, who are: (1) Employed on or after July 1, 1990, and are eligible for membership in the retirement system provided for in this chapter as of the date of employment; or (2) Members of the retirement system provided for in this chapter on July 1, 1990, with less than ten years of creditable service on that date. (b) Any other provisions of this chapter to the contrary notwithstanding, any eligible university system employee may withdraw from or decline membership in the retirement system provided for in this chapter and participate in the optional retirement plan provided for in Chapter 21 of this title as provided in this Code section. (c) Members of the retirement system provided for in this chapter who are eligible university system employees on July 1, 1990, shall have the option to withdraw from this retirement system and participate in the optional retirement plan provided for in Chapter 21 of this title. Any member exercising said option, which shall be irrevocable, shall forfeit all rights under this retirement system except the right to receive a refund of accumulated contributions pursuant to the provisions of Code Section 47-3-128, and it is specifically provided that said Code Section 47-3-128 shall apply to any such withdrawing member. The option provided for in this Code section shall be exercised by filing a written notification thereof with the board of trustees and with the employer by not later than October 1, 1990. The failure to exercise the option by that date shall be an irrevocable election to remain a member of this retirement system. Page 1813 (d) Eligible university system employees employed on or after July 1, 1990, shall, within 30 days immediately following the effective date of their employment, make an irrevocable decision to be a member of this retirement system or participate in the optional retirement plan provided for in Chapter 21 of this title. A written statement of the decision shall be filed with the employer and with the board of trustees and shall be effective from the date of employment. If an eligible university system employee fails to file a statement of decision provided for in this subsection, such failure shall be an irrevocable election to become a member of the retirement system provided for in this chapter. Section 2 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding at the end thereof a new Chapter 21 to read as follows: CHAPTER 21 47-21-1. This chapter shall be known and may be cited as the `Regents Retirement Plan Act.' 47-21-2. As used in this chapter, the term: (1) `Board of regents' means the Board of Regents of the University System of Georgia. (2) `Board of trustees' means the Board of Trustees of the Teachers Retirement System of Georgia. (3) `Earnable compensation' means the full rate of regular compensation payable to a participating employee for the employee's normal working time and includes compensation paid to the employee by an employer from grants or contracts made by outside agencies with the employer. (4) `Participating employee' means an eligible university system employee, as defined in Code Section 47-3-68, who elects to participate in the retirement plan provided for in this chapter pursuant to the provisions of said Code Section 47-3-68. Page 1814 47-21-3. (a) The board of regents is authorized to establish an optional retirement plan under which it may purchase annuity contracts, either fixed or variable, or a combination thereof, providing retirement and death benefits which shall become the property of participating employees of the University System of Georgia. (b) The board of regents shall provide for the administration and maintenance of the optional retirement plan authorized by this chapter. (c) The board of regents shall designate at least two but no more than five companies from which contracts will be purchased. In making this designation, the board of regents shall consider the following: (1) The nature and extent of the rights and benefits to be provided by the contracts for participating employees and their beneficiaries; (2) The relation of the rights and benefits to the amount of the contributions to be made pursuant to the provisions of this chapter; (3) The suitability of the rights and benefits to the needs and interests of participating employees and the University System of Georgia; (4) The ability of the designated companies to provide the rights and benefits under such contracts; and (5) The efficacy of the contracts in the recruitment and retention of faculty and principal administrators. 47-21-4. (a) Each participating employee shall contribute to the optional retirement plan an amount equal to 6 percent of the participating employee's earnable compensation. (b) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee an amount equal to 4 percent of the participating employee's earnable compensation. Page 1815 (c) The participating employee's contribution required by the provisions of subsection (a) of this Code section may be made by a reduction in earnable compensation or by an employer pickup pursuant to the authority of any applicable provisions of the United States Internal Revenue Code, as amended. The method of contribution provided for in this subsection shall be a privilege for the convenience of employees and no right of action shall accrue to the employee or any company designated to provide such optional retirement plan for errors, omissions, or decisions of any agent of the University System of Georgia regarding deductions under this subsection. (d) All contributions authorized or required by this Code section shall be paid to the designated companies for the benefit of each participating employee by the financial officer of the employing institution. 47-21-5. (a) In addition to the contributions specified in Code Section 47-21-4, the University System of Georgia shall remit to the Teachers Retirement System of Georgia the following payments: (1) An amount equal to the accrued liability contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48 that would have been made on behalf of participating employees if they had been members of the Teachers Retirement System of Georgia; and (2) An amount, if any, equal to the increase in the normal contribution rate determined by the board of trustees in accordance with the provisions of paragraph (2) of Code Section 47-3-43 which results directly from participating employees ceasing to be or failing to become members of the Teachers Retirement System of Georgia. (b) The remittances provided for in subsection (a) of this Code section shall be made at the same time and in the same manner as those made on behalf of members of the Teachers Retirement System of Georgia. 47-21-6. No retirement, death, or other benefit shall be paid by the Teachers Retirement System of Georgia to or on Page 1816 behalf of a participating employee in the optional retirement plan. Benefits are payable to participating employees or their beneficiaries by the designated companies in accordance with the terms of the annuity contracts. 47-21-7. Annuity contracts issued under the optional retirement plan provided for in this chapter shall be treated under Code Section 33-38-2 in the same manner as contracts qualified under Section 403(b) of the United States Internal Revenue Code. 47-21-8. By not later than January 1, 1996, the state auditor shall have an actuarial study completed to determine what effect the optional retirement plan provided for in this chapter has had on the Teachers Retirement System of Georgia. The results of such study shall be reported to the General Assembly at the 1996 regular session. Section 3 . This Act shall become effective on July 1, 1990, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1990, as required by subsection (a) of Code Section 47-20-50. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1817 CONTINUING CARE PROVIDERSREGULATION. Code Title 33, Chapter 45 Enacted. No. 1399 (House Bill No. 1137). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the regulation of continuing care providers and facilities; to provide for exemptions; to prohibit continuing care providers from transacting any insurance business except under certain conditions; to provide for powers and duties of the Insurance Department; to provide conditions for the approval or renewal of certificates of authority for providing continuing care or issuing continuing care agreements; to provide for surety bonds; to provide for annual statements; to provide for continuing care agreements; to provide for rescission of continuing care agreements and for deposit of funds; to require notices and the keeping of certain laws and statements for public inspection; to provide for conditions prior to transfer of money or property to a continuing care provider; to provide for cancellation of agreements and for refunds; to prohibit certain waivers; to provide for certain disclosures; to provide for criminal penalties and injunctive relief; to prohibit abatement of certain actions; to provide for damages and attorney's fees; to subject new, amended, or renewal agreements to regulation; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end a new chapter to read as follows: CHAPTER 45 33-45-1. As used in this chapter, the term: (1) `Continuing care' or `care' means furnishing pursuant to an agreement shelter, food, and either nursing care Page 1818 or personal services, whether such nursing care or personal services are provided in the facility or in another setting designated by the agreement for continuing care, to an individual not related by consanguinity or affinity to the provider furnishing such care upon payment of an entrance fee. Other personal services provided shall be designated in the continuing care agreement. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. (2) `Entrance fee' means an initial or deferred payment of a sum of money or property made as full or partial payment to assure the resident a place in a facility. An accommodation fee, admission fee, or other fee of similar form and application shall be considered to be an entrance fee. (3) `Facility' means a place in which it is undertaken to provide continuing care. (4) `Licensed' means that the provider has obtained a certificate of authority from the department. (5) `Personal services' means, but is not limited to, such services as: individual assistance with eating, bathing, grooming, dressing, ambulation, and housekeeping; supervision of self-administered medication; arrangement for or provision of social and leisure services; arrangement for appropriate medical, dental, nursing, or mental health services; and other similar services which the department may define. `Personal services' shall not be construed to mean the provision of medical, nursing, dental, or mental health services by the staff of a facility. (6) `Provider' means the owner or operator, whether a natural person, partnership, or other unincorporated association, however organized, trust, or corporation, of an institution, building, residence, or other place, whether operated for profit or not, which owner or operator undertakes to provide continuing care for a fixed or variable fee, or for any other remuneration of any type, whether fixed or variable, for the period of care, payable in a lump Page 1819 sum or lump sum and monthly maintenance charges or in installments. (7) `Resident' means a purchaser of or a nominee of or a subscriber to a continuing care agreement. Such an agreement may not be construed to give the resident a part ownership of the facility in which the resident is to reside unless expressly provided for in the agreement. 33-45-2. Except as provided in this chapter, providers of continuing care facilities shall be governed by the provisions of this chapter and shall be exempt from all other provisions of this title. 33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the State Health Planning Agency, or any other regulatory body exercising authority over continuing care providers. 33-45-4. The administration of this chapter is vested in the department, which shall: (1) Prepare and furnish all forms necessary under the provisions of this chapter; (2) Collect in advance, and the applicant shall pay in advance, the following fees: (A) At the time of filing an application for a certificate of authority, an application fee in the amount of $75.00 for each facility; (B) At the time of renewal of a certificate of authority, a renewal fee in the amount of $75.00 for each year or part thereof for each facility where continuing care is provided; and Page 1820 (C) A late fee in an amount equal to 50 percent of the renewal fee in effect on the last preceding regular renewal date. In addition to any other penalty that may be provided for under this chapter, the department may levy a fine not to exceed $50.00 a day for each day of noncompliance; (3) Adopt rules, within the standards of this chapter, necessary to effect the purposes of this chapter. Specific provisions in this chapter relating to any subject shall not preclude the department from adopting rules concerning such subject if such rules are within the standards and purposes of this chapter; (4) Adopt rules, within the standards of this chapter, to set a bond conditioned upon compliance with the provisions of this chapter. The amount of the bond shall be not less than $10,000.00. The rules adopted by the department shall provide for consideration of the obligations, financial condition, amounts of debt, service provisions, and such other features as deemed pertinent and applicable to the determination of a sufficient bond amount. (5) Impose administrative fines and penalties pursuant to this chapter. 33-45-5. No person may engage in the business of providing continuing care or issuing continuing care agreements in this state without a certificate of authority therefor obtained from the department as provided in this chapter. The application for approval or renewal of a certificate of authority shall be on such forms as provided by the department. The department shall issue such certificate of authority if the applicant pays the required fees and the continuing care agreement for the applicant meets the requirements of Code Section 33-45-7. The department shall renew a certificate of authority if the provider pays the required fees and furnishes the annual statements required by Code Section 33-45-6 and is otherwise not in violation of this chapter. 33-45-6. (a) Annually, on or before May 1, the provider shall file an annual statement and such other information and data showing its condition as of the last day of the preceding Page 1821 calendar year or fiscal year of the provider. If the department does not receive the required information on or before May 1 or within 120 days after the last day of the fiscal year of the provider, a late fee may be charged pursuant to Code Section 33-45-4. The department may approve an extension of up to 30 days. (b) The annual statement shall be in such form as the department prescribes and shall contain at least the following: (1) Financial statements audited by an independent certified public accountant, which shall contain, for two or more fiscal years if the facility has been in existence that long, the following: (A) An accountant's opinion and, in accordance with generally accepted accounting principles: (i) A balance sheet; (ii) A statement of income and expenses; (iii) A statement of equity or fund balances; and (iv) A statement of changes in financial position; and (B) Notes to the financial statements considered customary or necessary for full disclosure or adequate understanding of the financial statements, financial condition, and operation; (2) The following financial information: (A) A schedule giving additional information relating to property, plant, and equipment having an original cost of at least $25,000.00 so as to show in reasonable detail with respect to each separate facility original costs, accumulated depreciation, net book value, appraised value or insurable value and date thereof, insurance coverage, encumbrances, and net equity of appraised or insured value over encumbrances. Any Page 1822 property not used in continuing care shall be shown separately from property used in continuing care; (B) The level of participation in medicare or Medicaid programs, or both; (C) A statement of all fees required of residents including, but not limited to, a statement of the entrance fee charged, the monthly service charges, the proposed application of the proceeds of the entrance fee by the provider, and the plan by which the amount of the entrance fee is determined if the entrance fee is not the same in all cases; and (D) Any change or increase in fees when the provider changes either the scope of, or the rates for, care or services, regardless of whether the change involves the basic rate or only those services available at additional costs to the resident; and (3) If the provider is an individual, the annual statement shall be sworn to by the individual; if a limited partnership, by the general partner; if a partnership other than a limited partnership, by all the partners; if any other unin-corporated association, by all its members or officers and directors; if a trust, by all its trustees and officers; and, if a corporation, by the president and secretary thereof. 33-45-7. (a) In addition to other provisions considered proper to effectuate any continuing care agreement, addendum, or amendment each such agreement, addendum, or amendment shall be in writing and shall: (1) Provide for the continuing care of only one resident, or for two persons occupying space designed for double occupancy under appropriate regulations established by the provider, and shall list all properties transferred and their market value at the time of transfer, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the resident or residents; Page 1823 (2) Specify all services which are to be provided by the provider to each resident, including, in detail, all items which each resident will receive, whether the items will be provided for a designated time period or for life, and whether the services will be available on the premises or at another specified location. The provider shall indicate which services or items are included in the agreement for continuing care and which services or items are made available at or by the facility at extra charge. Such items shall include, but are not limited to, food, shelter, personal services or nursing care, drugs, burial, and incidentals; (3) Describe the terms and conditions under which an agreement for continuing care may be canceled by the provider or by a resident and the conditions, if any, under which all or any portion of the entrance fee will be refunded in the event of cancellation of the agreement by the provider or by the resident, including the effect of any change in the health or financial condition of a person between the date of entering an agreement for continuing care and the date of initial occupancy of a living unit by that person; (4) Describe the health and financial conditions required for a person to be accepted as a resident and to continue as a resident, once accepted, including the effect of any change in the health or financial condition of a person between the date of entering into a continuing care agreement and the date of taking occupancy in a living unit; (5) Describe the circumstances under which the resident will be permitted to remain in the facility in the event of financial difficulties of the resident; (6) State the fees that will be charged if the resident marries while at the designated facility, the terms concerning the entry of a spouse to the facility, and the consequences if the spouse does not meet the requirements for entry; (7) State whether the funds or property transferred for the care of the resident is: Page 1824 (A) Nonrefundable, in which event the agreement shall comply with this subparagraph. Such agreement shall allow a 90 day trial period of residency in the facility during which time the provider, resident, or person who provided the transfer of funds or property for the care of such resident may cancel the agreement after written notice. A refund must be made of such funds, property, or both within 120 days after the receipt of such notice and shall be calculated on a pro rata basis with the provider retaining no more than 10 percent of the amount of the entry fee. Notwithstanding the provisions of this subparagraph, the provisions of paragraph (8) of this subsection, and the provisions of subsections (b) and (e) of this Code section shall apply to nonrefundable agreements; or (B) Refundable, in which event the agreement shall comply with this subparagraph. Such agreement may be canceled upon the giving of written notice of cancellation of at least 30 days by the provider, the resident, or the person who provided the transfer of property or funds for the care of such resident; provided, however, if an agreement is canceled because there has been a good faith determination that a resident is a danger to that resident or to others, only such notice as is reasonable under the circumstances shall be required. The agreement shall further provide in clear and understandable language, in print no smaller than the largest type used in the body of the agreement, the terms governing the refund of any portion of the entrance fee, which terms shall include a provision that all refunds be made within 120 days of notification. For a resident whose agreement with the facility provides that the resident does not receive a transferable membership or ownership right in the facility and who has occupied his unit, the refund shall be calculated on a pro rata basis with the facility retaining no more than 2 percent per month of occupancy by the resident and no more than a 4 percent fee for processing. Such refund shall be paid no later than 120 days after the giving of notice of intention to cancel. Alternatively, if the contract provides for the facility to retain no more than 1 percent per month of occupancy by the resident, it may provide that such Page 1825 refund will be payable upon receipt by the provider of the next entrance fee for any comparable unit upon which there is no prior claim by any resident. Unless the provisions of subsection (e) of this Code section apply, for any prospective resident, regardless of whether or not such a resident receives a transferable membership or ownership right in the facility, who cancels the agreement prior to occupancy of the unit the refund shall be the entire amount paid toward the entrance fee, less a processing fee not to exceed 4 percent of the entire entrance fee, but in no event shall such processing fee exceed the amount paid by the prospective resident. Such refund shall be paid no later than 60 days after the giving of notice of intention to cancel. For a resident who has occupied his unit and who has received a transferable membership or ownership right in the facility, the foregoing refund provisions shall not apply but shall be deemed satisfied by the acquisition or receipt of a transferable membership or an ownership right in the facility. The provider shall not charge any fee for the transfer of membership or sale of an ownership right; (8) State the terms under which an agreement is canceled by the death of the resident. These terms may contain a provision that, upon the death of a resident, the entrance fee of such resident shall be considered earned and shall become the property of the provider. When the unit is shared, the conditions with respect to the effect of the death or removal of one of the residents shall be included in the agreement; (9) Describe the policies which may lead to changes in monthly recurring and nonrecurring charges or fees for goods and services received. The agreement shall provide for advance notice to the resident, of not less than 60 days, before any change in fees or charges or the scope of care or services may be effective, except for changes required by state or federal assistance programs; (10) Provide that charges for care paid in one lump sum shall not be increased or changed during the duration of the agreed upon care, except for changes required by state or federal assistance programs; Page 1826 (11) Specify whether or not the facility is, or is affiliated with, a religious, nonprofit, or proprietary organization or management entity, the extent to which the affiliate organization will be responsible for the financial and contractual obligations of the provider, and the provisions of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of federal income tax; and (12) Describe the policy of the provider regarding reserve funding. (b) A resident has the right to rescind a continuing care agreement, without penalty or forfeiture, within seven days after executing the agreement. During the seven-day period, the resident's funds shall be retained in a separate escrow account under terms approved by the department. A resident shall not be required to move into the facility designated in the agreement before the expiration of the seven-day period. (c) The agreement shall include or shall be accompanied by a statement, printed in boldface type, which reads: `This facility and all other continuing care facilities in this state are regulated by Chapter 45 of Title 33 of the Official Code of Georgia Annotated. A copy of the law is on file in this facility. The law gives you or your legal representative the right to inspect our most recent annual statement before signing the agreement.' (d) Before the transfer of any money or other property, other than an application fee which shall not exceed $1,500.00, to a provider by or on behalf of a prospective resident, the provider shall present a typewritten or printed copy of the agreement to the prospective resident and all other parties to the agreement. The provider shall secure a signed, dated statement from each party to the contract certifying that a copy of the agreement with the specified attachment as required pursuant to this chapter was received. (e) If a resident dies before occupying the facility or, through illness, injury, or incapacity, is precluded from becoming a resident under the terms of the continuing care agreement, the agreement is automatically canceled, and the Page 1827 resident or his legal representative shall receive a full refund of all moneys paid to the facility, except those costs specifically incurred by the facility at the request of the resident and set forth in writing in a separate addendum, signed by both parties, to the agreement. (f) In order to comply with this Code section, a provider may furnish information not contained in the continuing care agreement through an addendum. 33-45-8. No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any agreement to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident. 33-45-9. (a) Each facility shall maintain as public information, available upon request, all annual statements that have been filed with the department. (b) Each facility shall post in a prominent position in the facility so as to be accessible to all residents and to the general public a summary of the latest annual statement, indicating in the summary where the full annual statement may be inspected in the facility. A listing of any proposed changes in policies, programs, and services shall also be posted. (c) Before entering into an agreement to furnish continuing care, the provider undertaking to furnish the care, or the agent of the provider, shall make full disclosure and provide copies to the prospective resident, or his legal representative, of the agreement to furnish continuing care. 33-45-10. (a) Any person who knowingly maintains, enters into, performs, or, as manager or officer or in any other administrative capacity, assists in entering into, maintaining, or performing any continuing care agreement subject to this chapter without a valid certificate of authority or renewal thereof, as contemplated by or provided in this chapter, or who otherwise violates any provision of this chapter, is guilty of a misdemeanor. Each violation of this chapter constitutes a separate offense. Page 1828 (b) The department may bring an action to enjoin a violation, threatened violation, or continued violation of this chapter in the superior court of the county in which the violation occurred, is occurring, or is about to occur. (c) Any action brought by the department against a provider shall not abate by reason of a sale or other transfer of ownership of the facility used to provide care, which provider is a party to the action, except with the express written consent of the Commissioner of Insurance. 33-45-11. Any resident injured by a violation of this chapter may bring an action for the recovery of damages plus reasonable attorney's fees. 33-45-12. Any contract or agreement for continuing care executed before July 1, 1991, which is amended or renewed subsequent to July 1, 1991, and any contract or agreement for continuing care executed on or after July 1, 1991, is subject to this chapter. Section 2 . This Act shall become effective on January 1, 1991, only for purposes of promulgating rules and forms required thereby. For all other purposes, this Act shall become effective July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1829 LANDLORD AND TENANTMILITARY PERSONNEL. Code Section 44-7-37 Enacted. No. 1400 (House Bill No. 1152). AN ACT To amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, so as to limit the liability of military personnel for rent under residential leases of property in cases of permanent change of station orders or temporary duty orders for a period in excess of three months; 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 44 of the Official Code of Georgia Annotated, concerning the landlord and tenant relationship in general, is amended by adding following Code Section 44-7-36 a new Code Section 44-7-37 to read as follows: 44-7-37. Notwithstanding any other provision of this chapter, if a person is on active duty with the United States military and enters into a residential lease of property for occupancy by that person or that person's immediate family and subsequently receives permanent change of station orders or temporary duty orders for a period in excess of three months, any liability of the person for rent under the lease may not exceed: (1) Thirty days' rent after the effective date of the change provided written notice and proof of the assignment is given to the landlord 30 days prior to the effective date of the change, unless the effective date shall be less than 30 days in which event reasonable notice shall be given to the landlord; and (2) The cost of repairing damage to the premises caused by an act or omission of the tenant. Page 1830 Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all leases of residential property entered into on or after the effective date of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. COUNTY BOARDS OF TAX ASSESSORSEXPENSES OF DISCOVERING UNRETURNED PROPERTY; SCHOOL TAXES. Code Section 48-5-298 Amended. No. 1401 (House Bill No. 1177). AN ACT To amend Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, so as to authorize a county board of education or independent board of education to expend funds to assist in paying the expenses incurred in discovering unreturned properties for the purpose of collecting unpaid school taxes; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-298 of the Official Code of Georgia Annotated, relating to the employment of persons assisting the county board of tax assessors, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: Page 1831 (c) The expenses of employees engaged and work performed pursuant to this Code section shall be paid, subject to the contracts and after approval by the county governing authority, out of county funds as a part of the expenses of the board. A county board of education or independent board of education may expend funds to assist in paying the expenses incurred in discovering unreturned properties pursuant to this Code Section for the purpose of collecting unpaid school taxes. The method of such expenditure as provided in this subsection and the amount thereof shall be within the discretion of the county board of education or independent board of education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. GEORGIA CRIME INFORMATION CENTERDISSEMINATION OF RECORDS. Code Section 35-3-35 Amended. No. 1402 (House Bill No. 1204). AN ACT To amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to authorize such center to make certain criminal history records available to county boards of registrars or county boards of registration and election; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Page 1832 Georgia Crime Information Center, is amended in subsection (a) by striking and at the end of paragraph (1) and by adding a new paragraph immediately following paragraph (1), to be designated paragraph (1.1), to read as follows: (1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. Any such board shall, at the time of the request, 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. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants; and Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACTDISTRICT ATTORNEYS. Code Section 19-11-53 Amended. No. 1403 (House Bill No. 1214). 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 change the provisions relating to representation of the petitioner by the district attorney; to change the provisions relating to fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1833 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 Code Section 19-11-53, relating to representation of the petitioner by the district attorney, and inserting in lieu thereof a new Code Section 19-11-53 to read as follows: 19-11-53. (a) The district attorney of each superior court shall be authorized to represent the petitioner in any proceeding under this article. Otherwise, at the option of the district attorney, actions under this article shall be brought as provided in Article 1 of this chapter. The district attorney shall be authorized to require the completion of an application. Fees for such services shall be charged as part of the application in accordance with subsection (b) of Code Section 19-11-8. The department shall be entitled to receive monthly reports concerning collections under this provision pursuant to Code Section 19-11-21. (b) For such services by the district attorney there shall be paid to the county in which the petition is handled the sum of $50.00 for each petition handled, whether this state is the initiating or the responding state. In all counties in which the clerk of the superior court is on a fee basis, the district attorney shall pay from the sum so received by him to the clerk the fees as are allowed by law for the filing of petitions and service of processes filed under this article. However, before the sum shall be paid, an order granting or denying support must have been entered. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1834 EDUCATIONCRIME REPORTING. Code Section 20-2-1184 Enacted. No. 1404 (House Bill No. 1297). AN ACT To amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to disrupting schools, so as to authorize school personnel to report certain crimes committed by students upon school property or at school functions and require certain reports thereof to be made to the appropriate school system superintendents and the police authority or district attorney; to provide for immunity from liability; to provide for penalties; to repeal conflicting laws; and for other purposes. 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 disrupting schools, is amended by adding at the end a new Code section to read as follows: 20-2-1184. (a) Any teacher or other person employed at any public or private elementary or secondary school who has reasonable cause to believe that a student at that school has committed any act upon school property or at any school function, which act is prohibited by any of the following: (1) Code Section 16-5-24, relating to aggravated battery; (2) Chapter 6 of Title 16, relating to sexual offenses; (3) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings; or (4) Code Section 16-13-30, relating to possession and other activities regarding marijuana and controlled substances, Page 1835 may make a written report of that act and the name of the student to the principal of that school or the principal's designee. (b) The principal or designee who receives a report made pursuant to subsection (a) of this Code section who has reasonable cause to believe that the report is valid shall make an oral report thereof as soon as possible by telephone or otherwise to the appropriate school system superintendent. If the superintendent has reasonable cause to believe that the report is valid, he shall immediately make a written and oral report to the appropriate police authority and district attorney. (c) Any person participating in the making of a report or causing a report to be made as authorized or required pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil or criminal liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section is made in good faith. (d) Any person required to make a report pursuant to this Code section who knowingly and willfully fails to do so shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1836 PUBLIC OFFICERS AND EMPLOYEESLIABILITY INSURANCE EXTENDED TO CERTAIN NONPROFIT AGENCIES. Code Section 45-9-4.2 Enacted. No. 1405 (House Bill No. 1326). AN ACT To amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, so as to provide for liability coverage under state insurance policies, contracts of indemnity, or similar programs for certain nonprofit agencies and their employees which furnish services to the mentally retarded under contracts with the Department of Human Resources or under subcontracts with similar nonprofit agencies for the same for damages sustained by third parties arising out of the provision of authorized services to the mentally retarded by employees of such nonprofit agencies during the course of their employment with such agencies; to define a certain term; to provide for administration by the commissioner of administrative services; to provide that the cost of such insurance, indemnity, or similar program furnished to such nonprofit agencies and their employees shall be allocated to and paid by such agencies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the purchase of liability insurance for public officers and employees generally, is amended by adding between Code Sections 45-9-4.1 and 45-9-5 a new Code Section 45-9-4.2 to read as follows: 45-9-4.2. (a) For the purposes of this Code section, the term `nonprofit agency' means a nonprofit or charitable organization, association, corporation, partnership, or other entity. (b) Nonprofit agencies and their employees, which agencies have contracted with the Department of Human Resources Page 1837 to furnish certain services to the mentally retarded or have subcontracted with similar nonprofit agencies for the same, shall be provided protection against personal liability for damages sustained by third parties arising out of the provision of authorized services to the mentally retarded by an employee of such agency during the course of such person's employment with such nonprofit agency. The commissioner of administrative services shall prescribe the terms and conditions under which such nonprofit agencies and their employees shall be covered by any liability insurance policy or contract of indemnity or similar program administered by the commissioner pursuant to this article to provide such protection, provided the cost of such insurance, indemnity, or similar program furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. UNIFORM STATUTORY RULE AGAINST PERPETUITIESENACTED. Code Section 44-6-1 Repealed. Code Sections 44-6-200 through 44-6-206 Enacted. No. 1406 (House Bill No. 1349). AN ACT To amend Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, so as to provide for a uniform statutory rule against perpetuities; to provide for a short title; to provide when a nonvested property interest or power of appointment is created; to provide for reformation of a disposition which violates the uniform statutory rule against perpetuities; to provide for exclusions from the uniform statutory rule against perpetuities; to provide for application of the uniform statutory rule; to provide Page 1838 for uniformity; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to estates, is amended by striking Code Section 44-6-1, relating to the rule against perpetuities, in its entirety and inserting in its place the following: 44-6-1. Reserved. Section 2 . Said chapter is further amended by adding a new Article 9 to read as follows: ARTICLE 9 44-6-200. This article shall be known and may be cited as the `Uniform Statutory Rule Against Perpetuities.' 44-6-201. (a) A nonvested property interest is invalid unless: (1) When the interest is created, it is certain either to vest or to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or (2) The interest either vests or terminates within 90 years after its creation. (b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless: (1) When the power is created, the condition precedent is certain either to be satisfied or to become impossible to satisfy within the lifetime of an individual then alive or within 21 years after the death of that individual; or Page 1839 (2) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation. (c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless: (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate within the lifetime of an individual then alive or within 21 years after the death of that individual; or (2) The power is irrevocably exercised or otherwise terminates within 90 years after its creation. (d) In determining whether a nonvested property interest or a power of appointment is valid under paragraph (1) of subsection (a), paragraph (1) of subsection (b), or paragraph (1) of subsection (c) of this Code section, the possibility that a child will be born to an individual after the individual's death is disregarded. 44-6-202. (a) Except as provided in subsections (b) and (c) of this Code section and in subsection (a) of Code Section 44-6-205, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this article, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of: (1) A nonvested property interest; or (2) A property interest subject to a power of appointment described in subsection (b) or (c) of Code Section 44-6-201, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. Page 1840 (c) For purposes of this article, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. 44-6-203. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 90 years allowed by paragraph (2) of subsection (a), paragraph (2) of subsection (b), or paragraph (2) of subsection (c) of Code Section 44-6-201 if: (1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201; (2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 90 years after its creation. 44-6-204. Code Section 44-6-201 shall not apply to: (1) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (A) A premarital or postmarital agreement; (B) A separation or divorce settlement; (C) A spouse's election; (D) A similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; Page 1841 (E) A contract to make or not to revoke a will or trust; (F) A contract to exercise or not to exercise a power of appointment; (G) A transfer in satisfaction of a duty of support; or (H) A reciprocal transfer; (2) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (3) A power to appoint a fiduciary; (4) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal. Nothing contained in paragraphs (2) and (3) of this Code section and this paragraph shall be construed to permit the fiduciary to continue the administration or management of assets once the nonvested property interest becomes invalid as described in subsection (a) of Code Section 44-6-201; (5) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision; (6) A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal Page 1842 in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or (7) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state. 44-6-205. (a) Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on or after May 1, 1990. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (b) With respect to a nonvested property interest or a power of appointment that was created before May 1, 1990, and that violates this state's rule against perpetuities as that rule existed before May 1, 1990, a court upon the petition of an interested party may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. 44-6-206. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Section 3 . This Act shall become effective May 1, 1990. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1843 REVENUE AND TAXATIONINTANGIBLE PROPERTY. Code Title 48, Chapter 6 Amended. No. 1407 (House Bill No. 1381). AN ACT To amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the confidentiality of certain information contained on certain disclosure forms; to provide for an extension of time for filing certain intangible property tax returns or other documents; to provide for procedures; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change the level of tax liability below which certain intangible personal property tax returns shall not be required to be filed and below which certain intangible personal property taxes shall not be required to be paid; to change the tax rate applicable to certain intangible property; to provide for a definition; to provide for intangible taxation of instruments; to convert the intangible recording tax to a documentary tax; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, is amended by striking subsection (c) of Code Section 48-6-4, relating to the payment of real estate transfer tax, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure shall be made on a form provided by the commissioner. Page 1844 Section 2 . Said chapter is further amended by adding a new Code section providing for extension immediately following Code Section 48-6-26, to be designated Code Section 48-6-26.1, to read as follows: 48-6-26.1. Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section. Section 3 . Said chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 48-6-27, relating to returns of intangible personal property for taxation, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00. Section 4 . Said chapter is further amended by striking Article 3 thereof, relating to intangible recording taxes, and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 48-6-60. As used in this article, the term: (1) `Instrument' or `security instrument' means any written document presented for recording for the purpose of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate. (2) `Long-term note secured by real estate' means any note representing credits secured by real estate by means of Page 1845 mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and conveying or creating a lien or encumbrance on real estate for such purpose. (3) `Short-term note secured by real estate' means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note. 48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the tax collector or tax commissioner of the county in which the real estate is located. The tax collector or tax commissioner shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or fraction thereof of the face amount of the note secured by the recording of the security instrument. The tax collector or tax commissioner shall collect the tax due on the security instrument from the holder of the instrument. If the security instrument reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument his sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the tax collector or tax commissioner shall determine the principal amount of the note from the sworn statement. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00. Page 1846 48-6-62. (a) (1) Upon payment of the correct tax as disclosed from the information recited on the face of the security instrument, the tax collector or tax commissioner shall enter upon or attach to the security instrument a certification that the intangible recording tax as provided by Code Section 48-6-61 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The holder of a security instrument upon which the tax has been paid as provided by this article may then present the security instrument together with the certificate to the clerk of superior court of the county in which the real property is located, who may then file the security instrument for record. It is the intention of the General Assembly that the intangible tax levied by Code Section 48-6-61 shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the real property instrument securing the note with the clerk of superior court and that the clerk shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date executed, the due date, and the certificate of the tax collector or tax commissioner or his deputy showing that the tax has been paid on the instrument. Presentation for recording of a sworn statement as to the principal amount of the note, as authorized in Code Section 48-6-61, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with this paragraph other than for the fact that the security instrument does not disclose the principal amount of the note. (2) However, any instrument otherwise in a form sufficient for recording and actually recorded by the clerk of superior court shall constitute legal notice of the interest and title of the holder of the note in and to the real estate which, under the instrument, secures a long-term note; and this paragraph shall apply even if the intangibles tax, interest, and penalty, if any, required by this article have not been paid. (3) The certificate entered upon or attached to the security instrument shall be recorded with the security instrument, shall be in the form required by the commissioner, Page 1847 and shall in each instance bear the signature of the tax collector or tax commissioner or his deputy. (b) In the case of a new note or modification of a preexisting note, when the instrument securing the new note or modification is taxable under Code Section 48-6-61 and is secured by a previously recorded instrument which requires no further recording, the holder of the instrument, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Code section, may elect alternatively to execute a sworn affidavit in the form required by the commissioner, which affidavit shall set forth the information required by Code Section 48-6-66. The holder of the instrument shall present the sworn affidavit to the tax collector or tax commissioner of the county in which the real estate is located. The tax collector or tax commissioner shall collect from the holder the tax due under Code Section 48-6-61 and upon payment of the tax shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Code section. The certification shall evidence the payment of the required tax with respect to the new instrument or modification. 48-6-63. (a) Short-term notes secured by real estate shall be subject to ad valorem taxation at the rate prescribed for other intangible property in subsection (a) of Code Section 48-6-23. (b) Nothing contained in this Code section shall be construed to require the payment of ad valorem taxes on short-term notes by any institutions exempted by Article 2 of this chapter. 48-6-64. (a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate and the ad valorem tax required by this article to be paid on short-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property. Page 1848 (b) Nothing contained in this Code section shall be construed to exempt any owner or holder of property taxed pursuant to this article from the payment of income taxes otherwise due on account of income derived from the property. 48-6-65. (a) No tax other than as provided for in this article shall be required to be paid on any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original indebtedness secured by an instrument subject to the tax imposed by Code Section 48-6-61 when: (1) It affirmatively appears that the tax as provided by this article has been paid on the original security instrument recorded; or (2) The original instrument or the holder of the original instrument was exempt from the tax provided for in Code Section 48-6-61 by virtue of any other law. (b) No tax shall be collected on that part of the face amount of a new instrument securing a long-term note secured by real estate which represents a refinancing by the original lender of unpaid principal on a previous instrument securing a long-term note secured by real estate if: (1) All intangible recording tax due on the previous instrument has been paid or the previous instrument was exempt from intangible recording tax; and (2) (A) The new instrument contains a statement of what part of its face amount represents a refinancing of unpaid principal on the previous instrument; or (B) The holder of the new instrument submits an affidavit as to what part of the face amount of the new instrument represents a refinancing of unpaid principal on the previous instrument. 48-6-66. Every instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note secured by the instrument Page 1849 and the date upon which the note falls due. When the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note, a statement of that fact in lieu of specifying the date upon which the note falls due may be made in the security instrument and shall constitute sufficient compliance with this Code section. The inclusion in the instrument of a provision that the instrument secures all other indebtedness then existing or thereafter incurred shall not require the setting forth in the instrument of existing indebtedness for loans not made on the security of the instrument. 48-6-67. (a) It shall be unlawful for any person willfully to violate Code Section 48-6-66. (b) Any person who violates Code Section 48-6-66 shall be guilty of a misdemeanor. 48-6-68. Any seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser or take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than three years from the date of the instrument, the seller shall have the instrument recorded before delivery and for title in the county where the land is located and shall pay the tax required by this article for the recording of the instrument. 48-6-69. (a) If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be paid to the tax collector or tax commissioner of the county in which the instrument is first recorded. When the certificate of the tax collector or tax commissioner acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may thereafter be recorded in any other county of this state without payment of any further tax. (b) If any instrument conveying, encumbering, or creating a lien on real property located within and outside this state Page 1850 as security for a long-term note is held by a nonresident of this state when presented for recording pursuant to this article, the tax required by this article shall be that proportion of the tax which would otherwise be required under this article that the value of the real property within this state bears to the total value of all the real property within and outside this state as described in the instrument. All such values shall be certified under oath by the holder presenting the instrument for recording. 48-6-70. Every resident holder of an instrument securing a long-term note secured by real property located outside of this state including, but not limited to, domestic corporations and foreign corporations having their principal places of business in this state shall file, in lieu of recording the instrument securing any such note, at such periodic intervals as the commissioner by regulation may designate, a memorandum of the instrument with the commissioner on forms prescribed by the commissioner. At the same time as the memorandum is filed, the holder of the instrument shall pay to the commissioner the amount of the tax required by this article with respect to the instrument. The revenue from each instrument shall be distributed to the state, counties, and municipalities as if the real property securing the instrument were located in the county of the domicile of the taxpayer or, if the taxpayer is a corporation, in the county of the principal place of business of the taxpayer. 48-6-71. The commissioner upon his own motion or upon the written request of one or more holders of instruments securing notes secured by real property shall render publicly and in writing his determination of whether the intangible recording tax provided in this article is payable with respect to a particularly described real property instrument or class of real property instruments or modifications of such instruments. The determination may be in the form of administrative regulations if applicable to a class of real property instruments. A copy of all such determinations shall be retained in the files of the department as a permanent and public record. Nonpayment of the tax provided for in this article, with respect to a real property instrument filed for record, in reliance upon a determination rendered by the commissioner pursuant to this Code section shall not constitute a bar, as provided in Code Section Page 1851 48-6-77, to the collection of the indebtedness secured by any such instrument. 48-6-72. The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be llected by the tax collector or tax commissioner of each county and he shall make the distributions as provided in Article 2 of this chapter. 48-6-73. Each tax collector and tax commissioner shall make a report to the commissioner on the first day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. Each report shall additionally show the principal amount of each note, the date of execution, and the maturity date of each note as stated on the face of the security instrument to be recorded. The tax collector or tax commissioner shall retain 6 percent of the tax collected as compensation for his services in collecting the tax. All such taxes shall be deemed to have been collected by the tax collector or tax commissioner in his official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the tax collector or tax commissioner. In each county in which the tax collector or tax commissioner is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of this tax by the tax collector or tax commissioner shall be the only compensation permitted to any tax collector or tax commissioner with respect to this tax. In counties having a population of more than 300,000, according to the United States decennial census of 1970 or any future such census, however, the commission allowed under this article as compensation to the tax collector or tax commissioner shall be 4 percent. 48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and Page 1852 municipality in which the real property is located in the same proportion that revenues derived from the intangible personal property tax imposed by Article 2 of this chapter are distributed. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties. 48-6-75. In the event the tax collector or tax commissioner required to collect the tax imposed by Code Section 48-6-61 is temporarily absent from his office for reasons of health, vacation, or otherwise, he shall designate the clerk of superior court or other qualified person as his deputy to be on duty to collect the intangible recording tax in his absence. In the event of the death of the tax collector or tax commissioner, the county governing authority shall immediately designate the clerk of superior court or other qualified person to collect the tax until a new tax collector or tax commissioner qualifies for the position as required by law. 48-6-76. (a) If a taxpayer files with the tax collector or tax commissioner at the time of payment of tax as provided in Code Section 48-6-61 a written protest in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector or tax commissioner receiving the payment under written protest shall be deemed to have made a conditional collection of the protested amount of the payment. Each protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the tax collector or tax commissioner to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certification in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-6-61 has been paid. Each collection as provided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the commissioner or by final judgment in a refund action that the collection was erroneous or illegal. (b) A tax collector or tax commissioner receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a Page 1853 special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Immediately upon receiving a payment under written protest, the tax collector or tax commissioner shall forward to the commissioner one executed copy of the protest. (c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the tax collector or tax commissioner or his successor who collected the protested amount. (d) The commissioner shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the tax collector or tax commissioner or his successor who collected the protested amount of his action. If the commissioner approves the claim in whole or in part, the tax collector or tax commissioner or his successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by him, and no appropriation or further authorization shall be necessary to authorize and require the payment to the taxpayer from the special escrow fund. (e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commissioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the tax collector or tax commissioner or his successor who collected the amount, in his official capacity, in the superior court of the county whose official collected the amount. Page 1854 (2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner. (3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the 30 day period shall not constitute a constructive denial of the claim. (f) The commissioner in his official capacity shall be made a party defendant to each action for refund in order that the interests of the state may be represented in the action, and the Attorney General shall represent the defendants in each action. If it is determined in the action that the amount claimed by the taxpayer was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in his official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any interest payable on a judgment in favor of the taxpayer in such an action for a period before the judgment becomes final shall be paid by the commissioner as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclusive of court costs, shall be paid forthwith to the taxpayer by the defendant county tax official from the special escrow fund, and no appropriation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund. (g) (1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismissal of such an action, or upon final judgment in such an action, whichever event occurs first, the tax collector or tax commissioner holding the protested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for his services in collecting the tax. Page 1855 (2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article. 48-6-77. (a) Failure to pay the tax levied by this article shall constitute a bar to the collection by any action, foreclosure, the exercise of any power of sale, or otherwise of the indebtedness secured by any instrument required by this article to be recorded, whether the instrument is held by an original party to the instrument or by a transferee. The bar may be removed by the payment of the required tax, plus interest at the rate specified in Code Section 48-2-40 from the time the tax was due, plus a penalty of 50 percent of the amount of the tax. (b) The failure to pay the tax shall not constitute a bar to the collection of the indebtedness as provided in subsection (a) of this Code section when the commissioner has determined that the tax is not payable. (c) The commissioner may waive the penalty provided for in subsection 3(a) of this Code section if he determines that the failure to pay the tax was through ignorance of the law or inadvertence and that the failure did not occur out of bad faith. (d) This Code section shall not apply to instruments acquired at a time when the holder of the instrument was otherwise exempt from the payment of the tax imposed by this article. Section 5 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a referendum as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that referendum on the date of and in conjunction with the November, 1990, state-wide general election. The Secretary of State shall cause the date and purpose of the referendum to be published in the official organ of each county in this state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following: Page 1856 () YES () NO Shall the Act be approved which raises from $5.00 to $20.00 the threshold below which no intangible tax liability is incurred and no intangible tax return need be filed? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 3 of this Act shall become effective on January 1, 1991, and shall apply to all tax years beginning on or after that date. If Section 3 of this Act is not so approved or if the election is not conducted as provided in this section, then Section 3 of this Act shall be void and shall be automatically repealed on January 1 immediately following that election date. Section 6 . (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall only become effective under the conditions specified in Section 5 of this Act. (c) Section 4 of this Act shall become effective January 1, 1991, and shall apply to all taxable years beginning on or after January 1, 1991. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1857 STATE BOARD OF HEARING AID DEALERS AND DISPENSERSTERMINATION DATE. Code Section 43-20-21 Amended. No. 1408 (House Bill No. 1433). AN ACT To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, the Georgia Hearing Aid Dealers and Dispensers Act, so as to change the provisions relating to the termination of the State Board of Hearing Aid Dealers and Dispensers and the repeal of the laws relating thereto; 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 20 of Title 43 of the Official Code of Georgia Annotated, the Georgia Hearing Aid Dealers and Dispensers Act, is amended by striking Code Section 43-20-21, relating to the termination of the State Board of Hearing Aid Dealers and Dispensers, and inserting in its place a new Code section to read as follows: 43-20-21. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Hearing Aid Dealers and Dispensers shall be terminated on July 1, 1996, 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. Page 1858 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. AD VALOREM TAXATIONHOMESTEAD EXEMPTION FOR DISABLED VETERANS. Code Section 48-5-48 Amended. Code Section 48-5-48.3 Repealed. No. 1409 (House Bill No. 1493). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to certain exemptions from ad valorem taxation of property, so as to provide for the consolidation of certain provisions granting homestead exemptions to disabled veterans; to provide for the exemption from ad valorem taxation of the homestead of certain disabled veterans and their unremarried spouses and minor children; to provide for definitions; to provide for eligibility, application, and filing requirements; to provide that the unremarried surviving spouse or minor children may apply for and receive such exemption under certain circumstances; to provide for certain persons who have applied and are eligible for certain homestead exemptions as of January 1, 1991; to repeal Code Section 48-5-48.3, relating to a certain homestead exemption for disabled veterans; to provide for the authority for this Act; 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 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to certain exemptions from ad valorem taxation of property, is amended by striking Code Section 48-5-48, relating to a certain homestead exemption Page 1859 for disabled veterans and certain surviving family members, which reads as follows: 48-5-48. (a) Any disabled veteran qualifying for the homestead exemption provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976 shall file with the tax commissioner or tax receiver a letter from the Veterans' Administration stating that he is a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. (b) Any disabled veteran who is not entitled to receive benefits from the Veterans' Administration but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976, shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheel-chair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (c) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year; and, except as Page 1860 provided in subsection (d) of this Code section, such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead. (d) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. (e) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continues in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted, subject to the other provisions of this Code section, to disabled veterans and their surviving spouses and minor children by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976 which reads as follows: `Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 on his homestead, which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or loss of use, of one lower extremity, or due to the loss, or loss of use, of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. The unremarried Page 1861 widow or minor children of any such disabled veteran, as defined herein, shall also be entitled to an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the exemption granted herein to the veteran, his unremarried widow or minor children shall remain subject to taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment to the Constitution is ratified by the electorate. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1978.' Said provisions of the Constitution of 1976 shall continue in effect as statutory law until otherwise provided for by law., and inserting in its place a new Code Section 48-5-48 to read as follows: 48-5-48. (a) As used in this Code section, the term `disabled veteran' means: (1) A wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Department of Veterans Affairs of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability; (2) An American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and that he is disabled due to the loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or Page 1862 injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; (3) Any disabled veteran who is not entitled to receive benefits from the Department of Veterans Affairs but who qualifies otherwise, as provided for by Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1976; (4) An American veteran of any war or armed conflict who is disabled due to loss or loss of use of one lower extremity together with the loss or loss of use of one upper extremity which so affects the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; or (5) A veteran becoming eligible for assistance in acquiring housing under Section 801 of the United States Code as hereafter amended on or after January 1, 1985. (b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended, on his homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal and school purposes. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation. Page 1863 (c) (1) Any disabled veteran qualifying pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs stating the qualifying disability. (2) Any disabled veteran qualifying pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD form 214 (discharge papers from his military records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use of one lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors' letters if the board is in doubt as to the applicant's eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter Page 1864 from the Department of Veterans Affairs stating the eligibility for such housing assistance. (d) Each disabled veteran shall file for the exemption only once in the county of his residence. Once filed, the exemption shall automatically be renewed from year to year, except as provided in subsection (d) of this Code section. Such exemption shall be extended to the unremarried surviving spouse or minor children at the time of his death so long as they continue to occupy the home as a residence and homestead. In the event a disabled veteran who would otherwise be entitled to the exemption dies or becomes incapacitated to the extent that he or she cannot personally file for such exemption, the spouse, the unremarried surviving spouse, or the minor children at the time of the disabled veteran's death may file for the exemption and such exemption may be granted as if the disabled veteran had made personal application therefor. (e) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. (f) Any person who as of January 1, 1991, has applied and is eligible for the exemption for disabled veterans, their surviving spouses, and minor children formerly provided for by the sixth unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976; the exemption for disabled veterans provided for in Article VII, Section II, Paragraph V of the Constitution of 1983; or the exemption for disabled veterans formerly provided for by Code Section 48-58-48.3 as enacted by an Act approved April 11, 1986 (Ga. L. 1986, p. 1445), shall be eligible for the exemption granted by subsection (b) of this Code section without applying for such exemption. Section 2 . Said part is further amended by repealing in its entirety Code Section 48-5-48.3, relating to a certain homestead exemption for disabled veterans, which reads as follows: Page 1865 48-5-48.3. (a) (1) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption on his homestead of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 802 of Title 38 of the United States Code as hereafter amended, which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (2) The term `disabled veteran' as used in this Code section means a disabled wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans' Administration of the United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability. (b) Each disabled veteran as defined in this Code section shall file for the exemption only once in the county of residence. Once filed, the exemption shall automatically be renewed from year to year except as provided in subsection (c) of this Code section. (c) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. Section 3 . This Act is enacted pursuant to authority provided for in Article VII, Section II, Paragraph V of the Constitution. Section 4 . This Act shall become effective January 1, 1991, and shall be applicable to all taxable years beginning on or after that date. Page 1866 Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. CRIMES AND OFFENSESTATTOOING NEAR EYE PROHIBITED. Code Section 16-12-5 Amended. No. 1410 (House Bill No. 1505). AN ACT To amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to prohibit tattooing within certain areas near the eye; to provide for a definition; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, is amended by adding at the end a new Code section to read as follows: 16-12-5. (a) As used in this Code section, the term `tattoo' means to mark or color the skin of any person by pricking in, inserting, or implanting pigments, except when performed by a physician licensed as such pursuant to Chapter 34 of Title 43. (b) It shall be unlawful for any person to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor. Page 1867 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. EDUCATIONREPORTS OF CRIMES COMMITTED BY PUBLIC EDUCATORS. Code Section 20-2-795.1 Enacted. No. 1411 (House Bill No. 1521). AN ACT To amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Practices Commission, so as to require designated local school system administrators to give written report to the local board of education upon receiving information that any school system educator has committed certain designated crimes under Georgia law; to require the local board of education to transmit such report to the commission if such local board determines that an investigation is warranted; to provide that the commission shall investigate on the basis of such written report and make recommendations to the applicable local board of education and the State Board of Education in conformity with the commission's authority; to provide for expunging such reports from the record of an exonerated educator; to provide that willful failure of such designated administrators to make written reports or investigation requests shall constitute grounds for commission investigation and recommendations as to the administrator; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Professional Page 1868 Practices Commission, is amended by adding after Code Section 20-2-795 a new Code Section 20-2-795.1 to read as follows: 20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel, parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes: (1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16; (2) Any sexual offense, as provided for in Chapter 6 of Title 16, or any sexual exploitation of a minor as provided for in Code Section 16-12-100; (3) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16; (4) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (5) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section 40-6-391, Code Section 40-6-392, or Code Section 40-6-394 or any combination. If the local board of education determines that the reported matters warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Commission with a request for investigation. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the Professional Practices Commission investigation and of any hearing by the Department Page 1869 of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. (b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. STANDING TIMBERAD VALOREM TAXES. Code Section 48-5-2 Amended. No. 1412 (House Bill No. 1539). AN ACT To amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, so as to revise the definition of fair market Page 1870 value with respect to the valuation of standing timber for ad valorem tax purposes; to provide for procedures and criteria with respect to such valuation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding the ad valorem taxation of property, is amended by adding a new subparagraph providing for valuation of standing timber for ad valorem tax purposes at the end of paragraph (1), to be designated subparagraph (D), to read as follows: (D) Notwithstanding any other provision of law to the contrary, standing timber shall be valued at its fair market value subject to the following: (i) Standing timber not having merchantable value shall have no fair market value for ad valorem tax purposes; and (ii) With respect to determining the merchantable stumpage value of standing timber, the tax assessor shall consider; (I) Comparable stumpage sales within the United States Forest Service survey unit classification in which the county is located; and (II) Other factors pertinent in arriving at the merchantable stumpage value of such standing timber, including, but not limited to, stumpage value data and incremental growth data reported by the Georgia Forestry Commission, the University of Georgia Cooperative Extension Service, or the University of Georgia School of Forest Resources, which data shall be provided by the aforesaid agencies to the tax assessor on an annual basis. Page 1871 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 16, 1990. JUVENILE COURTSSUPERVISION FEES; JUVENILE JUSTICE COORDINATING COUNCIL. Code Section 15-11-56.1 Enacted. Code Sections 49-5-132 and 49-5-154 Amended. No. 1413 (House Bill No. 1617). 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 allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand certain types of ancillary services; to provide for the collection, payment, appropriation, and use of those fees; to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to change the provisions relating to membership of the Juvenile Justice Coordinating Council and duties of that council; to change the provisions that provide for county assessment of youth needs; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, Page 1872 is amended by adding following Code Section 15-11-56 a new Code Section 15-11-56.1 to read as follows: 15-11-56.1. (a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services: (1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-20; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Transportation to and from court ordered services; (5) Restitution programs; and (6) Job development or work experience programs. (b) The juvenile court may order each delinquent or unruly child who receives supervision under Code Section 15-11-14, paragraph (2) or (5) of subsection (a) of Code Section 15-11-35, or Code Section 15-11-36 to pay: (1) An initial court supervision user's fee of not less than $5.00 nor more than $100.00; and (2) A court supervision user's fee of not less than $1.00 nor more than $15.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other Page 1873 county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in this subsection to juvenile offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. (c) For the purpose of this Code section, the term `guardian' or `legal custodian' shall not be interpreted or construed to include the Department of Human Resources. Section 2 . Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by striking subsection (a) of Code Section 49-5-132, creating the Juvenile Justice Coordinating Council, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the Juvenile Justice Coordinating Council which shall consist of 21 members as follows: (1) A representative designated by the presiding judge of the Council of Juvenile Court Judges, a representative designated by the Chief Justice of the Supreme Court of Georgia, a representative designated by the chairman of the Prosecuting Attorneys' Council, a representative designated by the chairman of the Criminal Justice Coordinating Council, and the director of the Division of Youth Services shall be members of the council, as full voting members of the council by reason of their office or designation; Page 1874 (2) One member shall be appointed by the Lieutenant Governor, one member shall be appointed by the Speaker of the House, and two members shall be appointed by the Chief Justice of the Supreme Court of Georgia; and the term of each of these members shall be fixed by the officer making the appointment; and (3) Twelve members shall be appointed by the Governor for terms of four years, with their initial appointments, however, being four for four-year terms, four for three-year terms, and four for two-year terms. These appointments shall be made so that there are always on the council the following persons: representatives from the law enforcement community, local elected officials, three individuals under 24 years of age at the time of appointment who have previously been under the jurisdiction of the juvenile justice system, and individuals from private business and advocacy organizations who have an interest in juvenile delinquency, its prevention, and community based alternatives, selected to provide a balanced perspective. Section 3 . Said article is further amended by striking Code Section 49-5-154, relating to the study of youth needs, in its entirety and inserting in lieu thereof a new Code Section 49-5-154 to read as follows: 49-5-154. The governing authority of each participating county shall conduct or arrange for a study of youth needs in the county, giving particular attention to the need for delinquency prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to the Division of Youth Services of the Department of Human Resources and placement in a youth development center or any other secure institution. The governing authority of the county may delegate the responsibility for the study to any appropriate board or department of county government or it may contract with an appropriate private agency or group for the study. Adjoining counties may cooperate in conducting such study on a regional basis, utilizing appropriate public or private resources. The governing authority of the county may request technical assistance from the council in conducting such study. Each participating county shall develop a study plan for submission to the council. Each Page 1875 participating county shall plan for a continuing assessment of youth needs in the county or region with annual reports to the council. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. REVENUE AND TAXATIONLAND BANK AUTHORITIES; TAX SALES. Code Title 48, Chapters 2 and 4 Amended. No. 1414 (House Bill No. 1620). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that judicial sales of personal property may be held outside of the county in which the property levied on is situated in certain circumstances; to provide that judicial sales may be conducted in the county in which the personal property levied on is situated; to provide that judicial sales may be held at a location other than the county courthouse; to change certain provisions regarding sales under tax executions; to change certain provisions regarding advertisement of tax levies and written notice of tax executions; to authorize certain agreements to establish land bank authorities; to provide for definitions; to provide for the composition of the authority and its purposes, powers, duties, meetings, vacancies, organization, and staff; to provide for appointment, terms, compensation, and qualifications of authority members; to provide for dissolution of land bank authorities; to provide for acquisition and disposal of property by the authority and conditions and procedures relating thereto; to provide for powers of the authority with regard to its property; to provide for extinguishing taxes and distributing proceeds of property disposed of; to provide for priorities in disposing of property; to provide for procedures to foreclose the Page 1876 right of redemption; 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 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (d) of Code Section 48-2-55, relating to attachment, garnishment, and levy for the collection of certain state taxes, and inserting in its place a new subsection (d) to read as follows: (d) The commissioner or his authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and constables. Levy, in the case of personal property, shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time and place of the sale, shall give a reasonable description of the property to be sold, shall be posted in three public places in the county, and shall be inserted at least one time in the newspaper in which sheriff's sales in the county are advertised. The sale shall be conducted within the county in which the property levied on is situated and shall be held between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable. In the event the levy is upon personal property, the sale shall be conducted within the county in which the property levied on is situated, except that if it appears to the commissioner that substantially higher bids may be obtained for the property if the sale is held at a place outside such county, he may order that the sale be held in such other place. If the location of the sale is in a county other than the county in which the levy was made, notice of the sale as required by this Code section shall be made in both counties. In the event the levy is upon real property, the commissioner or his authorized representative, after making the levy, shall return the levy on the execution to the sheriff of the county in which the property is located. After the return, the sheriff shall proceed to advertise and sell the property as required by law. Section 2 . Said title is further amended by striking subsection (a) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in its place a new subsection (a) to read as follows: Page 1877 (a) Except as otherwise provided in this title, when a levy is made upon real or personal property, the property shall be advertised and sold in the same manner as provided for executions and judicial sales. Except as otherwise provided in this title, the sale of real or personal property under a tax execution shall be made in the same manner as provided for judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under a tax execution made pursuant to this chapter, the defendant shall be given ten days' written notice of such sale by registered or certified mail. The notice required by this Code section shall be sent: (1) In cases of executions issued by a county officer for ad valorem taxes, to the defendant's last known address as listed in the records of the tax commissioner of the county that issued the tax execution; or (2) In cases of executions issued by a state officer, to the defendant's last known address as listed in the records of the department headed by the issuing officer. Section 3 . Said title is further amended by adding a new article providing for land bank authorities immediately following Article 3 of Chapter 4 to be designated Article 4 to read as follows: ARTICLE 4 48-4-60. As used in this article, the term: (1) `Agreement' means the interlocal cooperation agreement entered into by the parties pursuant to this article. (2) `Authority' means the land bank authority established pursuant to this article. (3) `Parties' means the parties to the agreement, which shall include any city and any county containing such city. (4) `Property' means real property, including any improvements thereon. Page 1878 (5) `Tax-delinquent property' means any property on which the taxes levied and assessed by any party remain in whole or in part unpaid on the date due and payable. 48-4-61. (a) Any city and the county containing such city may enter into an interlocal cooperation agreement for the purpose of establishing a land bank authority pursuant to this article. (b) The authority shall be a public body corporate and politic with the power to sue and be sued and to accept and issue deeds in its name and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article. (c) The authority shall be established to acquire the tax delinquent properties of the parties in order to foster the public purpose of returning land which is in a nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise of such powers. (d) Any authority established pursuant to this article may be dissolved by any party to the agreement which established the authority or by local Act of the General Assembly. 48-4-62. (a) The authority shall be governed by a board composed of four members: two appointed by the mayor of the party city and two appointed by the county commission of the party county. Each member shall serve at the pleasure of the respective appointing authority for a term of four years and shall serve without compensation. The members shall be residents of the county and may be employees of the parties. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment. (b) The board of the authority shall meet from time to time as required, and three members shall constitute a quorum. Approval by a majority of the membership shall be necessary for any action to be taken by the authority. All meetings shall be open to the public, except as otherwise provided by Chapter Page 1879 14 of Title 50, and a written record shall be maintained of all meetings. A chairman shall be elected from among the members, and he shall execute all deeds, leases, and contracts of the authority when authorized by the board. (c) The authority may employ its own staff or may utilize employees of the parties, as determined by the agreement. 48-4-63. (a) The authority shall hold in its own name, for the benefit of the parties, all properties conveyed to it by the parties, all tax delinquent properties acquired by it pursuant to this article, and all properties otherwise acquired. (b) It shall be the duty of the authority to administer the properties acquired by it, as follows: (1) All property acquired by the authority shall be inventoried and appraised and the inventory shall be maintained as a public record; (2) The authority shall organize and classify the property on the basis of suitability for use; (3) The authority shall maintain all property held by it in accordance with applicable laws and codes; and (4) The authority shall have the power to manage, maintain, protect, rent, lease, repair, insure, alter, sell, trade, exchange, or otherwise dispose of any property on terms and conditions determined in the sole discretion of the authority. The authority may assemble tracts or parcels of property for public parks or other public purposes, and to that end may exchange parcels and otherwise effectuate the purposes determined by agreement with any party. (c) The acquisition and disposal of property by the authority shall not be governed or controlled by any regulations or laws of the parties unless specifically provided in the agreement. Page 1880 (d) No property located within the party city may be sold, traded, exchanged, or otherwise disposed of by the authority, unless the transaction is approved by the authority members appointed by the mayor of such city. No property located within the party county but outside such city may be sold, traded, exchanged, or otherwise disposed of by the authority, unless the transaction is approved by the authority members appointed by the county commission. 48-4-64. (a) If any party obtains a judgment against a tax delinquent property within the party county for the taxes and, to satisfy the judgment, the property is ordered sold at a tax sale and if no person bids an amount equal to the full amount of all tax bills, interest, and costs owing on the property at the sale, the authority shall have the option at any time after the tax sale to cause the tax commissioner to make a deed of the property to the authority. (b) In accordance with the provisions of Code Section 48-4-45, the authority shall have the right to foreclose the right to redeem property at any time after the expiration of the 12 month redemption period has expired pursuant to Code Section 48-4-65. (c) When a property is acquired by the authority, the authority shall have the power to extinguish all county and city taxes, other than school district taxes, at the time it sells or otherwise disposes of property. In determining whether or not to extinguish taxes, the authority shall consider the public benefit to be gained by tax forgiveness with primary consideration given to purchasers who intend to build or rehabilitate low-income housing. (d) At the time that the authority sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be distributed to the parties in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to the Agreement of the parties in accordance with the public policy stated in this article. Conveyance of a property to a party shall not constitute disposal. Page 1881 (e) The authority shall have full discretion in determining the sales price of the property. The agreement of the parties shall provide for a distribution of property that favors neighborhood nonprofit entities obtaining the land for low-income housing and, secondarily, other entities intending to produce low-income or moderate-income housing. 48-4-65. (a) The authority may foreclose the right of redemption to the property conveyed to the authority in the following manner: (1) The record title to the property shall be examined and a certificate of title shall be prepared for the benefit of the authority; (2) The authority shall serve the prior owner whose interest was foreclosed upon and all persons having record title or interest in or lien upon the property with a notice of foreclosure of this right to redeem in conformance with Code Section 48-4-46; (3) In the event persons entitled to service are located outside the county, they may be served by certified mail; or (4) In the event the sheriff is unable to perfect service or certified mail attempts are returned unclaimed, the authority shall conduct a search for the person with an interest in the property conveyed to the authority, which search must, at a minimum, have included the following: (A) An examination of the addresses given on the face of the instrument vesting interest or the addresses given to the clerk of the superior court by the transfer tax declaration form. The clerk of the superior court and the tax assessor of the county are required to share information contained in the transfer tax declaration form with one another in a timely manner; (B) A search of the current telephone directory for the county in which the property is located; (C) A letter of inquiry to the person who sold the property to the defendant in the tax sale at the address Page 1882 shown in the transfer tax declaration form or in the telephone directory; (D) A letter of inquiry to the attorney handling the closing prior to the tax sale if provided on the deed forms; (E) A sign being no less than four feet by six feet shall be erected on the property and maintained by the authority for a minimum of 30 days reading as follows: `THIS PROPERTY HAS BEEN CONVEYED TO THELAND BANK AUTHORITY BY VIRTUE OF A SALE FOR UNPAID TAXES. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CALL.'; and (F) If the authority has made the search as required by this paragraph and been unable to locate those persons required to be served under paragraph (2) of this Code section or, having located additional addresses of those persons through such search, attempted without success to serve those persons in either manner provided by paragraph (2) or (3) of this Code section, the authority shall make a written summary of the attempts made to serve the notice, in recordable form, and may authorize the foreclosure of the redemption rights of record. 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 16, 1990. Page 1883 MOTOR VEHICLESLICENSE PLATE; COMMERCIAL VEHICLES; FEES; WEIGHT; INTERNATIONAL REGISTRATION PLAN. Code Title 40, Chapter 2 Amended. Code Title 48, Chapter 10 Amended. No. 1415 (House Bill No. 1622). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to change the provisions for sales of plates for vehicles weighing more than 24,000 pounds; to provide for definitions; to authorize the commissioner of revenue to enter into certain cooperative reciprocal agreements with other states, the District of Columbia, and states or provinces of foreign governments pertaining to registration and licensing of commercial vehicles; to provide for applicability and procedures; to provide for duties of motor carriers; to provide for penalties; to provide for collection and distribution of fees; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to define certain terms; to change the weight brackets for registration of vehicles to align conveniently with the International Registration Plan and federal guidelines for heavy vehicle use taxes; to establish fee rates for vehicles registered under the International Registration Plan; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-33, relating to the duty of the commissioner to furnish license plates to tag agents, inventories, and sale of plates for vehicles weighing more than 24,000 pounds, in its entirety and inserting in lieu thereof a new Code Section 40-2-33 to read as follows: 40-2-33. (a) The commissioner shall furnish to each tag agent such number of motor vehicle license plates, revalidation Page 1884 decals, and decals as he may deem necessary for issuance by such agent, together with such forms and other supplies as are necessary to enable such agent to perform the duties required of him by this chapter. (b) The county tag agent shall, immediately upon receipt of the motor vehicle license plates from the commissioner, take a full and complete inventory of the arriving shipment of license plates for motor vehicles over 26,000 pounds. The affidavit of lost or missing plates which the county tag agents are required to file with the commissioner shall be filed within ten days of the county tag agents' receipt of the license plates for motor vehicles over 26,000 pounds in weight. Failure to submit the required affidavit within ten days shall result in a denial of credit for any lost or missing license plates and the receiving county shall be responsible for full payment of said license plates. (c) The county is responsible for providing a secure storage area for all license plates and revalidation decals. (d) Notwithstanding any other provision of law, should a county desire to maintain an inventory of license plates for vehicles weighing in excess of 26,000 pounds and sell said license plates for vehicles weighing in excess of 26,000 pounds, the county shall first request permission in writing from the commissioner. Permission shall be granted at the discretion of the commissioner and, once granted, the permission may be revoked should the county fail to file tag and title reports with the commissioner in a timely and proper manner and fail to remit to the commissioner in a timely manner sums of money collected. (e) The commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Code section. Section 2 . Said chapter is further amended by adding a new Article 3A to read as follows: ARTICLE 3A 40-2-80. As used in this article, the term: Page 1885 (1) `Allocated vehicle' means a vehicle to which a particular jurisdiction's basic registration plate or apportioned registration plate is attached upon payment of the jurisdiction's full basic registration fee. A portion of each fleet of one-way vehicles is allocated to each jurisdiction into or through which the fleet travels although each vehicle of the fleet need not enter every jurisdiction. (2) `Apportionable fee' means any periodic recurring fee required for licensing or registering vehicles, including, but not limited to, registration fees, license fees, or weight fees. (3) `Apportionable vehicle' means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government owned vehicles, used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and which is: (A) A power unit having a gross vehicle weight in excess of 26,000 pounds; (B) A power unit having three or more axles, regardless of weight; or (C) Used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight. Vehicles or combinations thereof having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles and buses used in transportation of chartered parties may be proportionally registered at the option of the registrant. (4) `Auxiliary axle' means an auxiliary undercarriage assembly with a fifth wheel and tow bar used to convert a semitrailer to a full trailer. Page 1886 (5) `Axle' means an assembly of a vehicle consisting of two or more wheels whose centers are in one horizontal plane, by means of which a portion of the weight of a vehicle and its load, if any, is continually transmitted to the roadway. For purposes of registration under the International Registration Plan, an axle is any such assembly whether or not it is load-bearing only part of the time. For example, a single-unit truck with a steering axle and two axles in a rear-axle assembly is an apportionable vehicle even though one of the rear axles is a so-called dummy, drag, tag, or pusher type axle. (6) `Base jurisdiction' means, for purposes of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet, and where operational records of such fleet are maintained or can be made available in accordance with the provisions of this article. (7) `Base plate' means the plate issued by the base jurisdiction and shall be the only registration identification plate issued for the vehicle by any member jurisdiction. Base plates shall be identified by having the word `apportioned' or `PRP' and the jurisdiction's name on the plate. The numbering system and color shall be determined by the issuing jurisdiction. (8) `Chartered party' means a group of persons who, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the Interstate Commerce Commission, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin. (9) `Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the state of Georgia, the commissioner of revenue. (10) `Established place of business' means a physical structure owned, leased, or rented by the fleet registrant. Page 1887 The physical structure shall be designated by a street number or road location, be open during normal business hours, and have located within it: (A) A telephone or telephones publicly listed in the name of the fleet registrant; (B) A person or persons conducting the fleet registrant's business; and (C) The operational records of the fleet, unless such records can be made available in accordance with the provisions of this article. (11) `Fleet' means one or more apportionable vehicles. (12) `In-jurisdiction miles' means the total number of operating miles accrued by a fleet of apportioned vehicles in a jurisdiction during the preceding year. In those cases where the registrant operated a fleet of apportioned vehicles in jurisdictions that require no apportionment and grant reciprocity, the base jurisdiction may add such miles to the in-jurisdiction miles. (13) `Interjurisdiction movement' means vehicle movement between or through two or more jurisdictions. (14) `Intrajurisdiction movement' means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction. (15) `Jurisdiction' means a state, territory, or possession of the United States, the District of Columbia, or a state, province, or territory of another country. (16) `Long term' means any period of time exceeding 29 days. (17) `Motor carrier audit' means a physical examination of a motor carrier's operational records including source documentation to verify fleet mileage and accuracy of a carrier's record-keeping system. Page 1888 (18) `Operational records' means documents supporting miles traveled in each jurisdiction and total miles traveled such as fuel reports, trip sheets, and drivers' logs. (19) `Owner-operator' means an equipment lessor who leases his vehicular equipment with driver to a carrier. (20) `Pool fleet' means a fleet of rental company trailers and semitrailers having a gross weight in excess of 26,000 pounds and used solely in pool operation with no permanent base. (21) `Preceding year' means the period of 12 consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration or license year for which apportioned registration is sought. (22) `Reciprocity' means that an apportionable vehicle properly registered under this article shall be exempt from further registration by any other member jurisdiction. (23) `Reciprocity agreement' means an agreement, arrangement, or understanding governing the reciprocal grant of rights and privileges to vehicles which are based in and properly registered under the applicable laws of the jurisdictions which are parties to such an agreement, arrangement, or understanding. (24) `Recreational vehicle' means as used in this article a vehicle used for personal pleasure or travel by an individual or his family. (25) `Registrant' means a person, firm, or corporation in whose name or names a vehicle is properly registered. (26) `Registration year' means the 12 month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction. Page 1889 (27) `Restricted plate' means a license plate that has time (less than a registration year), geographic area, mileage, or commodity restrictions. (28) `Service representative' means a person who furnishes facilities and services including sales, warehousing, motorized equipment, and drivers under contract or other arrangements to a carrier for transportation of property by a household goods carrier. (29) `Total distance' means the total number of miles or kilometers traveled by a fleet of apportioned vehicles in all jurisdictions during the preceding year. For purposes of motor bus apportionment, total distance shall be calculated as provided for fleets. (30) `Trip-lease' means a lease of vehicular equipment to a carrier or lessee for a single interjurisdictional movement. The term may also include a similar intrajurisdictional movement where such movement is authorized under the laws of the jurisdiction. 40-2-81. (a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the Page 1890 owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles. (b) Any reciprocity agreement, arrangement, or declaration relating to commercial vehicles in effect between this state and any jurisdiction not a party to such reciprocal agreement or plan or which relates to any matters not covered in such reciprocal agreement or plan shall continue in force and effect until specifically revoked or amended as provided by law. (c) The department is authorized and empowered to promulgate and to enforce such rules and regulations and to publish such forms as may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under the authority set forth in this Code section. (d) The provisions of Code Sections 40-2-21, 40-2-22, 40-2-23, 40-2-25, and 40-2-77 shall not apply to vehicles registered under this Code section, except that: (1) Registration under the International Registration Plan shall not relieve a registrant from any other taxes due and registration shall be denied any such vehicle if any Georgia ad valorem property taxes due upon such vehicle are unpaid; (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made; and Page 1891 (3) No vehicle registration or renewal thereof shall be issued without the commissioner having first received certification that the vehicle sought to be licensed is insured in compliance with the mandatory provisions of Chapter 34 of Title 33, the `Georgia Motor Vehicle Accident Reparations Act.' (e) In the event of conflict between the provisions of this Code section or any agreement entered into under the provisions of this Code section and any other law or provision on this subject, the provisions of this Code section or any agreement entered into under the provisions of this Code section shall prevail. (f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner. (g) The commissioner or any authorized agent of the commissioner is authorized to examine the records, books, papers, and equipment of any motor carrier that are deemed necessary to verify the truth and accuracy of any statement or report and ascertain whether the tax imposed by Code Section 48-10-2.1 and the International Registration Plan has been properly paid. The duties and powers of the commissioner as specified in Code Sections 48-2-7 through 48-2-11 are expressly made applicable to this Code section. Page 1892 (h) In lieu of full registration under the International Registration Plan, trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the state if full registration or apportioned registration were obtained. A person desiring a trip permit shall make application therefor as prescribed by the commissioner. A trip permit shall be issued for the sum of $30.00. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in Georgia for a period of 72 hours from the time of issuance. (i) Any person who violates any provision of this Code section shall, in addition to any other penalties provided by any other law, be punished by a fine of not less than $100.00 and not more than $250.00. Section 3 . Said chapter is further amended by striking Code Section 40-2-130, relating to disposition of fees, in its entirety and inserting in lieu thereof a new Code Section 40-2-130 to read as follows: 40-2-130. Except as provided in Code Section 40-2-30 and Code Section 40-2-81, the full amount of the fees collected under this chapter shall be turned over to the state treasury by the commissioner within 30 days after collection in such manner as the Fiscal Division of the Department of Administrative Services may prescribe. Section 4 . Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-1, relating to definitions relative to motor vehicle license fees and plates, in its entirety and inserting in lieu thereof a new Code Section 48-10-1 to read as follows: 48-10-1. As used in this chapter, the term: (1) `Farm truck' or `farm trailer' means a truck or trailer for which the owner submits a sworn statement as a part of the registration application to the effect that the vehicle is used primarily on and is domiciled upon a farm primarily for the carriage of unprocessed products of the farm. Page 1893 (2) `Farm vehicle' means a vehicle or combination of vehicles owned by a farmer or rancher, which are operated over public highways and used exclusively to transport unprocessed agricultural or livestock products raised, owned, and grown by the owner of the vehicle to market or a place of storage; and shall include the transportation by the farmer or rancher of any equipment, supplies, or products purchased by that farmer or rancher for his own use and used in the farming or ranching operation or used by a farmer or rancher partly in transporting agricultural products or livestock from the farm or ranch of another farmer or rancher that were originally grown or raised on that farm or ranch or when used partly in transporting agricultural supplies, equipment, materials, or livestock to the farm or ranch of another farmer or rancher for use or consumption on that farm or ranch but not transported for hire. (3) `Motor bus' means any passenger-carrying motor vehicle operated for hire and having a passenger seating capacity of eight or more persons exclusive of the driver. (4) `Owner declared gross vehicle weight' means the empty weight of the truck or truck-trailer fully equipped and fueled and ready for operation on the road and, in the case of combinations, means the weight when ready for operation on the road of the heaviest trailer or semitrailer with which the power unit will be placed in combination, plus the heaviest load which will be carried within the licensed period. (5) `Private truck' or `private trailer' means a truck or trailer other than a farm truck, a farm trailer, farm vehicle, or a truck or trailer operated for hire by a common or contract carrier. (6) `Trailer' means any vehicle operated over the public roads of this state without motive power when the vehicle is designed for carrying persons or property, either partially or wholly, on its own structure and is designed for being drawn by a self-propelled vehicle. Section 5 . Said chapter is further amended by striking Code Section 48-10-2, relating to annual license fees for the operation Page 1894 of vehicles, in its entirety and inserting in lieu thereof a new Code Section 48-10-2 to read as follows: 48-10-2. The annual fees for the licensing of the operation of vehicles shall be as follows for each vehicle registered: (1) For each passenger motor vehicle not operated as a common or contract carrier for hire $ 8.00 (2) For each motorcycle 8.00 (3) (A) For each private truck in accordance with the owner declared gross vehicle weight, as follows: (i) Less than 14,000 lbs. 8.00 (ii) 14,000 to 18,000 lbs. 20.00 (iii) 18,001 to 26,000 lbs. 30.00 (iv) 26,001 to 30,000 lbs. 40.00 (v) 30,001 to 36,000 lbs. 60.00 (vi) 36,001 to 44,000 lbs. 100.00 (vii) 44,001 to 54,999 lbs. 175.00 (viii) 55,000 to 63,280 lbs. 275.00 (ix) 63,281 lbs. to maximum permitted 375.00 (B) Subparagraph (A) of this paragraph notwithstanding: (i) A straight truck which is not a truck-tractor shall not be classified higher than $60.00; (ii) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $25.00; and (iii) A truck-tractor hauling fertilizer or milk shall not be classified higher than $175.00; (4) For each farm truck 8.00 (5) Except as otherwise specifically provided in this Code section, for each private trailer 8.00 (6) (A) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $5.00. (B) There shall be no fee for trailers: (i) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another; (ii) With no springs which are being employed in hauling unprocessed farm products to their market destination; and (iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm; (7) For house trailers, auto trailers, and boat trailers, whether pulled by a private automobile or a private truck, and not used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire 5.00 (8) For trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire 8.00 (9) For each motor bus or van-type vehicle used as a common or contract carrier for hire in public transportation transporting passengers, the following: (A) Weighing 10,000 pounds or less, $1.50 per 100 pounds factory weight or fractional part of 100 pounds factory weight; (B) Weighing more than 10,000 pounds and not over 15,000 pounds factory weight, $2.20 for each 100 pounds or fractional part of 100 pounds factory weight; (C) Weighing more than 15,000 pounds and not more than 20,000 pounds factory weight, $2.75 for each 100 pounds or fractional part of 100 pounds factory weight; and (D) Weighing more than 20,000 pounds factory weight, $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00; (10) (A) For each truck or nonpassenger-carrying motor vehicle operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight, as follows: (i) Less than 14,000 lbs. 8.00 (ii) 14,000 to 18,000 lbs. 20.00 (iii) 18,001 to 26,000 lbs. 30.00 (iv) 26,001 to 30,000 lbs. 80.00 (v) 30,001 to 36,000 lbs. 120.00 (vi) 36,001 to 44,000 lbs. 200.00 (vii) 44,001 to 54,999 lbs. 350.00 (viii) 55,000 to 63,280 lbs. 550.00 (ix) 63,281 lbs. to maximum permitted 700.00 (B) Subparagraph (A) of this paragraph notwithstanding, a straight truck which is not a truck-tractor shall not be classified higher than $120.00; (11) For each truck leased to a common or contract carrier without regard to the duration of the lease and in accordance with the owner declared gross vehicle weight, the same license fees as required under paragraph (10) of this Code section; (12) For each motor-driven hearse or ambulance 8.00 (13) For each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and the members of his immediate family, the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be licensed for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses; (14) For each motor vehicle owned by the state or by a political subdivision or municipality of the state and used exclusively for governmental functions 1.00 (15) For each motor vehicle used by carriers and operated under special franchise granted by the United States Department of Defense over a route of not more than 20 miles in length which is solely between a point in this state and a point within a United States military reservation in this state 5.00 (16) Heavy earth-moving machinery, not including trucks, used primarily off the highway shall not be required to be licensed under this chapter; (17) (A) Trucks transporting logs, pulpwood, or other forest products shall be licensed in accordance with the following annual fees: (i) Straight trucks and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill 30.00 (ii) Other truck-tractors 175.00 (B) Skidders, tractors, and loaders used only in the woods shall not be required to be licensed. Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall be licensed in accordance with this paragraph even though the trucks or truck-tractors are also used to transport skidders, tractors, loaders, and other logging equipment. Trucks and truck-tractors specified in subparagraph (A) of this paragraph shall not be required to pay additional fees or obtain additional license plates in order to transport logging equipment owned by the owner of the trucks or truck-tractors. Section 6 . Said chapter is further amended by adding a new Code Section 48-10-2.1 to read as follows: 48-10-2.1. (a) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles not operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: (1) 26,001 to 30,000 lbs. $ 40.00 (2) 30,001 to 36,000 lbs. 60.00 (3) 36,001 to 44,000 lbs. 100.00 (4) 44,001 to 54,999 lbs. 175.00 (5) 55,000 to 63,280 lbs. 275.00 (6) 63,281 lbs. to maximum permitted 375.00 (b) Except as otherwise provided for in this Code section, the annual fee for all apportionable vehicles operated as a common or contract carrier for hire in accordance with owner declared gross vehicle weight or combined vehicle gross weight shall be as follows: Page 1900 (1) 26,001 to 30,000 lbs. $ 80.00 (2) 30,001 to 36,000 lbs. 120.00 (3) 36,001 to 44,000 lbs. 200.00 (4) 44,001 to 54,999 lbs. 350.00 (5) 55,000 to 63,280 lbs. 550.00 (6) 63,281 lbs. to maximum permitted 700.00 (c) For each apportionable motor bus or van-type vehicle the fee is $3.00 for each 100 pounds or fractional part of 100 pounds factory weight. No motor bus license fee shall exceed $700.00. (d) Trucks transporting logs, pulpwood, or other forest products shall be issued restricted license plates and the fees shall be as enumerated in Code Section 48-10-2. (e) Each school bus operated exclusively in the transportation of pupils and teachers to and from schools or school activities or in the transportation of the owner and his immediate family shall be issued a restricted license plate for the sum of $5.00. A bus owned by a church or owned in common with other churches and used and operated exclusively for the church in transporting members and patrons to and from church or church activities, when no part of the proceeds of the operation of the bus inures to the benefit of any private person, shall be issued a restricted license plate for the sum of $5.00 in the same manner as school buses when the bus complies with the laws applicable to school buses. (f) A truck or a truck-tractor hauling fertilizer or milk shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2. (g) A farm vehicle shall be issued a restricted license plate with the fee computed in accordance with Code Section 48-10-2. Section 7 . This Act shall become effective on January 1, 1991. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. REVENUE AND TAXATIONSTANDING TIMBER. Code Section 48-5-32 Enacted. No. 1416 (House Bill No. 1646). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide that, in the returning, appraisal, and assessment of tangible property, standing timber shall be included as a part of the real estate and shall not constitute a separate stratum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding at its end a new Code Section 48-5-32 to read as follows: 48-5-32. In the returning, appraisal, and assessment of tangible property, standing timber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property. Page 1902 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 16, 1990. LICENSE PLATESJUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS. Code Section 40-2-60.1 Amended. No. 1417 (House Bill No. 1665). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, so as to provide for issuance of license plates to Justices of the Supreme Court and Judges of the Court of Appeals on the same basis as license plates are issued to certain other officials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special motor vehicle license plates, is amended by striking Code Section 40-2-60.1, relating to special license plates for certain officials, and inserting in its place a new Code section 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, the Speaker of the House of Representatives, Page 1903 and each Justice of the Supreme Court and each Judge of the Court of Appeals 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 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 16, 1990. UNITED STATES DECENNIAL CENSUSEFFECTIVE DATE; EFFECT ON BOARDS, COMMISSIONS, AND OTHER BODIES. Code Titles 1, 20, 21, 31, 43, 46, and 50 Amended. No. 1418 (House Bill No. 1854). AN ACT To amend various provisions of the Official Code of Georgia Annotated so as to provide for the effects of changes in decennial census data and changes in congressional districts with respect to the membership of various boards, commissions, and bodies; to amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change the effective date of the census for the purpose of making operative certain laws providing for the compensation of certain local officials and to provide that the effective date of the census shall be January 1 of the third year after the year the census is conducted for the purpose of Page 1904 appointing members to constitutional or statutory boards, commissions, or bodies whose members are appointed from congressional districts; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to remove the limitation on the size of the Georgia Student Finance Commission whose membership is based on the number of congressional districts, to clarify the provisions for the nomination and selection of persons from each congressional district to receive North Georgia College military scholarships, and to remove the limitation on the size of the State Board of Technical and Adult Education whose membership is based on the number of congressional districts; to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Election Code, so as to clarify existing provisions providing for the continuation in office, dismissal, or appointment of members of constitutional or statutory boards for which membership is based on residency in a congressional district; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to remove limitations on the size of the Health Policy Council and the Health Planning Review Board to allow for changes in the number of congressional districts; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to remove the limitation on the size of the Composite State Board of Medical Examiners whose membership is based on the number of congressional districts and to clarify certain restrictions on the membership of the State Board of Registration of Used Car Dealers regarding representation from congressional districts; to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, the Georgia Rail Passenger Authority Law, so as to remove the limitation on the size of the Georgia Rail Passenger Authority whose membership is based on the number of congressional districts; to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, so as to remove the restriction on the size of the Georgia Council for the Arts whose membership is dependent on the number of congressional districts to allow for changes in the number of congressional districts in Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 1905 Section 1 . Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking paragraph (2) of subsection (d) of Code Section 1-3-1, relating to construction of statutes generally, and inserting in its place a new paragraph (2) to read as follows: (2) Census. Whenever there is used in the statutory law of this state the term `federal census,' `United States census,' `decennial census,' or similar words referring to the official census conducted every ten years by the United States of America or any agency thereof as required by Article I, Section II, Paragraph III of the Constitution of the United States, the effective date of such census for the purpose of making operative and of force any statutory law of this state shall be determined as follows: (A) The effective date of the census shall be July 1 of the first year after the year in which the census is conducted, for the purpose of making operative and of force the following laws: (i) Code Section 15-16-20; (ii) Code Sections 15-6-88 through 15-6-92; (iii) Code Section 48-5-183; (iv) Code Sections 15-9-63 through 15-9-67; and (v) Code Section 36-5-25; provided, however, that if a county's population decreases according to a more recent census below its population according to an earlier census, then, notwithstanding any other provision of law, any officer who is compensated under a law specified in this subparagraph and who is in office on the date specified in this subparagraph shall continue during his entire tenure in such office (including any future terms of office in such office) to be compensated on the basis of the county's population according to such earlier census; Page 1906 (B) For purposes of any program of grants of state funds to local governments, the effective date of the census shall be July 1 of the first year after the year in which the census is conducted; (C) For the purpose of reconstituting the membership of any constitutional or statutory board, commission, or body whose members are appointed from congressional districts, the effective date of the census shall be January 1 of the third year after the year in which the census is conducted; (D) The effective date of the census shall be July 1 of the second year after the year in which the census is conducted for the purpose of making operative and of force all other statutory laws which do not expressly provide otherwise. Section 2 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsection (a) of Code Section 20-3-234, relating to the board of commissioners of the Georgia Student Finance Commission, and inserting in its place a new subsection (a) to read as follows: (a) (1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of four officials of the state, who shall be the chancellor of the university system, the State School Superintendent, the commissioner of technical and adult education, and the director of the Office of Planning and Budget, and the following public commissioners, to be appointed by executive order of the Governor, subject to confirmation by the Senate: one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented and two public commissioners appointed from the state at large who are and who remain during the term of their appointment residents of the state. The executive director of the commission, or president, if designated by such title by the board of commissioners, shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official Page 1907 not designated in this paragraph shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim. (2) The board of commissioners provided for by paragraph (1) of this subsection shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously existing Georgia State Scholarship Commission, excepting the chairman of the board of regents, who shall not be a member of the board of commissioners, shall be the board of commissioners created by subsection (a) of Code Section 20-3-233; and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of his or her respective term or in the event of a vacancy, his or her successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this Code section. Section 3 . Said title is further amended by striking Code Section 20-3-422, relating to the nomination of candidates for North Georgia College military scholarships, and inserting in its place a new Code Section 20-3-422 to read as follows: 20-3-422. The authority shall establish and promulgate, consistent with this subpart, criteria for the eligibility and award of such scholarships. The authority shall, on or before February 1 of each year, select and nominate six persons from each congressional district in Georgia from a list of persons recommended to the authority by members of the General Assembly. From the persons so nominated, three persons from each congressional district shall be selected as scholarship recipients as provided in Code Section 20-3-423. Section 4 . Said title is further amended by striking subsection (b) of Code Section 20-3-423, relating to the selection committee for North Georgia College military scholarships, and inserting in its place a new subsection (b) to read as follows: Page 1908 (b) It shall be the duty of the selection committee to select, from the six nominees from each congressional district submitted to the committee pursuant to Code Section 20-3-422, three persons from each congressional district to receive a scholarship under this subpart. In the event a congressional district does not have three qualified candidates, the committee may select a candidate or candidates at large from alternate nominees among the original candidates without regard to the congressional district of residence. Upon selecting the recipients of scholarships, the committee shall: (1) Notify each recipient of the scholarship; (2) Notify each member of the legislative delegation from each congressional district of the names of the recipients of the scholarships from that congressional district; and (3) Notify the authority of the names and addresses of the recipients of the scholarships. Section 5 . Said title is further amended by striking subsection (a) of Code Section 20-4-10, relating to the State Board of Technical and Adult Education, and inserting in its place 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 one member from each congressional district and five at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. 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 Page 1909 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 6 . Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Election Code, is amended by striking Code Section 21-2-4.1, relating to continuation, dismissal, or appointment of members of boards whose membership is based on residency within a congressional district, and inserting in its place a new Code Section 21-2-4.1 to read as follows: 21-2-4.1. Any member of any constitutional or statutory board or body who is in office on January 1, 1993, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the time specified in subparagraph (d)(2)(C) of Code Section 1-3-1. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a vacancy shall exist. Such vacancy shall be filled as of the time specified in subparagraph (d)(2)(C) of Code Section 1-3-1 by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displacement of a member from a congressional district on the basis of residency, the initial appointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as provided Page 1910 for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body. Section 7 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (a) of Code Section 31-6-20, relating to the Health Policy Council generally, and inserting in its place a new subsection (a) to read as follows: (a) There is created a Health Policy Council to be appointed by the Governor, subject to confirmation by the Senate. The council shall be composed of at least two members from each of the congressional districts in the state and five members appointed from the state at large, at least three of whom shall be consumers. The Governor shall appoint the chairman of the council. From each congressional district the Governor shall appoint a consumer of health care and a representative of providers of health care. Each member shall serve for a term of two years. Section 8 . Said title is further amended by striking subsection (a) of Code Section 31-6-44, relating to the Health Planning Review Board, and inserting in its place a new subsection (a) to read as follows: (a) There is created the Health Planning Review Board, which shall be an agency separate and apart from the planning agency. The review board shall be composed of one member from each congressional district appointed by the Governor and shall include two attorneys. The Governor shall appoint persons to the board who are familiar with the health care industry but who do not have a financial interest in any health care facility. The Governor shall also name the chairman of the review board who shall be an attorney. The purpose of the review board shall be to conduct appeal hearings on decisions of the planning agency, as set forth in this Code section. The review board shall promulgate reasonable rules for its operation and rules of procedure for the conduct of its hearings. The members of the review board shall receive no salary, but shall be reimbursed for their expenses in attending meetings and for transportation costs as authorized by Code Section 45-7-21, Page 1911 which provides for compensation and allowances of certain state officials, and shall also be compensated for services rendered to the review board outside of attendance at an appeal hearing. Such compensation to the members of the review board shall be made by the Department of Administrative Services. Section 9 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (b) of Code Section 43-47-3, relating to the membership of the State Board of Registration of Used Car Dealers, and inserting in its place a new subsection (b) to read as follows: (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. None of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. Section 10 . Said title is further amended by striking subsection (a) of Code Section 43-34-21, relating to the composition of the Composite State Board of Medical Examiners, and inserting in its place a new subsection (a) to read as follows: (a) A board is established to be known as the Composite State Board of Medical Examiners. All members of the board shall be citizens of the United States and residents of this state. All appointments to the board shall be made by the Governor and confirmed by the Senate. Section 11 . Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, the Georgia Rail Passenger Authority Law, is amended by striking subsection (a) of Code Section 46-9-274, relating to membership of the authority, and inserting in its place a new subsection (a) to read as follows: Page 1912 (a) The authority shall be composed of members appointed by the Governor. One member shall be appointed from and shall be a resident of each of the congressional districts and two members shall be appointed from the state at large. All members shall be appointed for terms of four years and until their successors are appointed and qualified. The Governor, in making appointments to the authority, shall consider obtaining reasonable representation thereon of persons from the tourism and hospitality industry, the manufacturing industry, the banking and finance industry, citizens and consumers, labor, and the transportation industry, but it is specifically provided that the appointments shall be at the discretion of the Governor. In the event of a vacancy on the authority, the Governor shall fill such vacancy for the unexpired term. Section 12 . Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Council for the Arts, is amended by striking subsection (a) of Code Section 50-12-22, relating to appointment of members, and inserting in its place a new subsection (a) to read as follows: (a) The council shall consist of two members from each congressional district and four members representing the state at large who shall be appointed by the Governor. All members shall have demonstrated an interest in the arts. Except for certain members who were appointed in 1979, the term of office of each member shall be three years. In 1979, eight members were appointed for terms of office of one year, eight members for terms of two years, and eight members for terms of three years. The initial appointments were made so that no more than one member from each congressional district or two state-at-large members' terms of office would expire in any one year. Vacancies shall be filled for unexpired terms in the same manner as the original appointment. Membership on the council shall be limited to two successive three-year terms, and a member may be reappointed after a lapse of one year. No member initially appointed to one-year or two-year terms of office shall Page 1913 be prohibited from serving two consecutive three-year terms of office. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. DRIVERS' LICENSESCANCELLATION, SUSPENSION, AND REVOCATION; COURTS; FEES; IDENTIFICATION CARDS. Code Sections 40-5-53 and 40-5-100 Amended. No. 1419 (Senate Bill No. 248). AN ACT To amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to change the provisions relating to requirements for courts to send licenses and reports of convictions to the Department of Public Safety; to change the provisions relating to the payment of fees and the retention of fees; to amend Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to authorize the issuance of such identification cards to a person whether or not they possess a driver's license; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, is amended by striking Code Section 40-5-53, relating to when courts are to send licenses and reports of convictions to the Department of Public Safety, and Page 1914 inserting in lieu thereof a new Code Section 40-5-53 to read as follows: 40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within 15 days after the conviction. (b) Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of such court forwarding the report 25for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25fee as additional compensation. (c) Every court in each county of this state having a population of less than 550,000 according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of such court forwarding the report 25for each report forwarded; and in those cases where the clerk receiving such 25fee is compensated solely on a fee basis, the clerk shall retain such 25fee as additional compensation. In those cases where the clerk receiving such 25fee is compensated in whole or in part on a salary basis, such fee shall be Page 1915 the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk. Section 2 . Article 5 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-100, relating to the authorization of the department to issue such cards, and inserting in lieu thereof the following: (a) The Department of Public Safety shall issue personal identification cards to all persons who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. Page 1916 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. BILLIARD ROOMSOPERATION, TAXATION, LICENSURE, AND REGULATION. Code Title 43, Chapter 8 Amended. No. 1420 (Senate Bill No. 291). AN ACT To amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, so as to repeal and revise completely and reenact said chapter; to provide for definitions; to provide that local governing authorities shall have the power to license, regulate, and tax billard rooms subject to certain limitations and requirements; to provide conditions for the regulation of billiard rooms by local governments; to provide conditions relative to license fees and business taxes; to provide conditions relative to hours of operation; to provide conditions relative to the sale of alcoholic beverages on the premises of billiard rooms or places operated in connection therewith; to provide that local governments may not prohibit billiard rooms or the playing of billiards at places where alcoholic beverages are not sold; to provide conditions for the revocation of licenses for the operation of billiard rooms or for restraints on the operation of billiard rooms; to provide that the chapter shall not apply to billiard rooms or billiard tables operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs; to provide for the continued effectiveness of local ordinances which are not in conflict with the revised chapter; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Page 1917 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of billiard rooms, is amended by striking said chapter, which reads as follows: CHAPTER 8 43-8-1. As used in this chapter, the term: (1) `Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment. (2) `Billiards' means any of the several games played on a table surrounded by an elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as `carom billiards,' `pocket billiards,' and `English billiards.' 43-8-2. The governing authority of each county in this state shall have the power to license the operation of billiard rooms in such county. The governing bodies of municipal corporations shall have the power to license and regulate by ordinance the operation of billiard rooms within their corporate limits. 43-8-3. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States or who has been convicted of a felony. Application for a license to operate a billiard room shall be first made to the governing authority of the county in which the applicant proposes to conduct such business in the form provided in this chapter; and no license shall be issued by any municipal corporation to any person to engage in such business until after such person has made application to and has been granted a license by the governing authority of the county in which such municipal corporation is located. 43-8-4. Before any person shall be authorized to conduct a billiard room in any municipal corporation, that person must, in addition to complying with this chapter, make application to Page 1918 the clerk of such municipal corporation for a license; and the application shall certify that application has been made and a license granted to such applicant by the governing authority of the county. 43-8-5. (a) Every application for a license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants or persons under the influence of intoxicating liquors to enter or play in his place; that the applicant will have personal charge and management of the business; that he will not permit gambling nor permit the billiard tables to be used in any manner other than as provided by law. (b) There shall also be filed with the application a bond in the penal sum of $500.00 payable to the state and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as securities, which bond shall be approved by the governing authority of the county and filed in his office. (c) When the application and bond have been filed and approved, the governing authority of the county shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law. (d) If any licensee shall voluntarily relinquish personal supervision, management, and control of such billiard room, he shall surrender his license to the governing authority of the county, who may issue a new license to some other person to continue the business under this chapter, in which event credit shall be given for the unused portion of the surrendered license; but, if any licensee transfers or subleases the place of business to anyone or relinquishes management and control of the business without surrendering his license to the governing authority of the county for reissuance, the license shall be deemed to be forfeited, and the governing authority of the county must notify the sheriff of the county, who shall close the place of business. Page 1919 43-8-6. The governing body of any municipal corporation where billiard rooms are operated may fix a license fee for the operation of such billiard rooms and shall make such additional regulations governing their operation as the governing body may deem proper, provided that no municipal corporation shall have power to license or authorize the doing of any act prohibited by this chapter. 43-8-7. All public billiard rooms shall be kept in a clean, sanitary condition and shall comply with all sanitary rules and regulations of the Board of Human Resources and of the county board of health or municipal department of health having jurisdiction. 43-8-8. No person who operates a billiard room shall permit any screens, curtains, blinds, partitions, or other obstructions to be used to prevent a clear view of the interior, which clear view must be maintained at all times. No partitions forming rooms, stalls, or other enclosures shall be permitted. However, this Code section shall not be construed to prohibit the maintenance of washrooms and toilet rooms for proper purposes nor the maintenance of closets for storage purposes exclusively. 43-8-9. It shall be unlawful for any person to operate a billiard room between the hours of 12:00 Midnight and 6:00 A.M. or to permit any person to remain in such billiard room between such prohibited hours, except regular employees performing necessary labor on the premises. 43-8-10. (a) It shall be unlawful for any person under the age of 18 years to play billiards in, or for any other purpose to enter or remain in, billiard room in which beer, wine, or alcoholic beverages are offered for sale. This subsection shall not apply to persons under 18 years of age who are accompanied by a parent or guardian or who possess a written permit from a parent or guardian, which permit is witnessed by a notary public with seal. (b) In the event that the proprietor of a billiard room is of the opinion that any person desiring admission thereto is under the age of 18 years, he shall require such person to certify his age in writing or to produce a legal permit. Page 1920 43-8-11. Every licensee under this chapter shall post in the room where billiard tables are operated a placard with the language of Code Section 43-8-10 conspicuously written thereon for the information of his patrons. 43-8-12. No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed, in any billiard room or in any other business place operated in connection therewith; and such games as Kelly pool, keno, pigeon pool, Parker pool, star pool, scrub, and similar gambling devices are prohibited. No racing or other betting pool shall be exhibited or sold in such place of business. The use of baseball tickers and the posting of results of sporting events is expressly prohibited in billiard rooms or in any place operated in connection therewith. No alcoholic beverages shall be sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith, except that this prohibition shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. 43-8-13. It shall be unlawful for any billiard room to maintain connections with any place where gambling is conducted or where persons congregate for the consumption of alcoholic beverages or for immoral purposes. It shall be unlawful for any licensee to display or use the word `pool' in or on any window, sign, building, stationery, or advertising matter used in connection with such place of business. 43-8-14. It shall be the duty of the sheriff, police, or other constituted authorities to inspect all public billiard rooms in the county for the purpose of ascertaining whether or not the provisions of this chapter are being observed; and it shall be his and their duty to report all violations promptly to the appropriate prosecuting attorney of the county and furnish him with such information and assistance as is necessary for the prosecution of such violations. 43-8-15. This chapter shall not be construed as authorizing the issuance of billiard room licenses by city officials or county governing authorities for the operation of public billiard Page 1921 rooms in any municipal corporation where the operation of a public billiard room is prohibited by local ordinance. 43-8-16. This chapter shall not apply in counties or municipalities having a population of 100,000 or more according to the United States decennial census of 1970 or any future such census if the governing body of any such county or municipality, by appropriate local ordinance or resolution, provides that this chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein. 43-8-17. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or bona fide clubs using such tables for members or employees only. 43-8-18. (a) Every person, firm, or corporation operating a billiard room within a municipality without having applied for a license, as provided for in Code Sections 43-8-3 through 43-8-5, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25.00 nor more than $50.00; and each day that the billiard room is operated without a license shall be a separate offense. (b) Any person who has not reached the age of 18 who remains in a billiard room without a permit or without being accompanied by a parent or guardian in accordance with Code Section 43-8-10, or who makes a false certificate as to his age, or who uses a forged permit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $10.00, nor more than $25.00. (c) Any licensees who shall knowingly violate this chapter shall be guilty of a misdemeanor. Each violation thereof shall constitute a separate offense and shall be punishable as such., in its entirety and substituting in lieu thereof a new Chapter 8 of Title 43 to read as follows: Page 1922 CHAPTER 8 43-8-1. As used in this chapter, the term: (1) `Area of operation' means the unincorporated area of the county in the case of counties and the territory located within the corporate limits of the municipality in the case of municipalities. (2) `Billiard room' means any public place where a person is permitted to play the game of billiards and for which a charge is made for use of equipment. (3) `Billiards' means any of the several games played on a table surrounded by an elastic ledge of cushions with balls which are impelled by a cue and shall include all forms of the game known as `carom billiards,' `pocket billiards,' and `English billiards.' (4) `Governing authority' means the official or group or body of officials of a county or municipality authorized to exercise the legislative powers of the county or municipality. (5) `Local government' means any county or municipality of this state. 43-8-2. (a) Subject to the authorizations and limitations of this Code section, the governing authority of each local government in this state shall have the power by ordinance or resolution to license, regulate, and tax billiard rooms within its respective area of operation. (b) If ordinances or resolutions of local governments regulating billiard rooms are adopted, such ordinances or resolutions shall be subject to the following conditions: (1) A license fee shall be consistent with the cost of regulation of billiard rooms and business taxes assessed upon billiard rooms shall be established on the same basis as such taxes are imposed for similar types of businesses; provided a license fee may be imposed on a billiard room Page 1923 which is operated as part of another business or activity licensed by a local government; (2) An ordinance or resolution which prohibits the operation of billiard rooms during specified hours shall not apply to a business which includes a billiard room if the billiard room is not operated during the prohibited hours; provided, however, no ordinance or resolution controlling the hours of operation of billiard rooms shall prohibit their operation from 6:00 A.M. until 12:00 Midnight; (3) Any ordinance or resolution which prohibits alcoholic beverages from being sold, served, or allowed to be used in or on the premises of billiard rooms or any place operated in connection therewith shall not apply if such premises or establishment is an establishment which is authorized to sell alcoholic beverages and derives at least 50 percent of its total annual gross revenues from the sale of products or services other than alcoholic beverages; provided, however, that if alcoholic beverages are sold by the drink for consumption on the premises of a billiard room, the governing authority of a local government may prohibit the sale, serving, or use of alcoholic beverages therein unless the establishment derives at least 75 percent of its revenue from the sale of products or services other than alcoholic beverages; and (4) No local government may prohibit billiard rooms or the playing of billiards in any business which neither sells alcoholic beverages for consumption on the premises nor engages in package sales of such beverages nor allows alcoholic beverages to be consumed on the premises. (c) Notwithstanding anything in this statute to the contrary, municipal corporations and counties may impose reasonable regulations, suspension and revocation of licenses under the same standards that are applicable to other businesses licensed by the municipality or county. 43-8-3. This chapter shall not apply to billiard tables or billiard rooms operated by private industrial concerns, Young Men's Christian Associations, religious orders, charitable institutions, state, county, or city institutions, fraternal orders, or Page 1924 bona fide clubs using such tables for members or employees only. Section 2 . Unless specifically prohibited by the provisions of Chapter 8 of Title 43 as revised, reenacted, and set forth in Section 1 of this Act, existing regulations imposed upon billiard rooms by local ordinances or resolutions in existence on the effective date of this Act shall remain in effect. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. HEALTH INSURANCE FOR STATE EMPLOYEES, TEACHERS, AND PUBLIC SCHOOL EMPLOYEESSCHEDULE OF MAXIMUM FEES. Code Sections 20-2-881, 20-2-911, and 45-18-15 Amended. No. 1421 (Senate Bill No. 447). AN ACT To amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the State Personnel Board shall investigate fees of hospitals and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts; to provide that the recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups of same licensure classification and of similar services in the same geographic area; to provide that the recommended fee schedule shall not be at the average of the usual and customary charges if such board determines that the Page 1925 average represents an unreasonably high or low charge; to provide that the recommendations shall include an analysis of all hospitals and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule; to provide that the recommendations shall include an analysis of the impact of practitioners agreeing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan; to provide that such board shall publish a list of practitioners of the healing arts and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, is amended by striking in its entirety Code Section 20-2-881, relating to the authority of the State Personnel Board to establish a health insurance plan for public schoolteachers, and inserting in lieu thereof a new Code Section 20-2-881 to read as follows: 20-2-881. (a) The board is authorized to establish a health insurance plan for public schoolteachers of this state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this subpart, which plan may provide for group hospitalization, 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) The board shall investigate fees of hospitals, pharmacists, and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners Page 1926 of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classification or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (c) The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologists, neurosurgeons, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (d) The recommendations shall include an analysis of all hospitals, pharmacists, and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule. The board shall publish a list of practitioners that accept assignment of benefits under the plan. (e) The recommendations shall include an analysis of the impact of practitioners agreeing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of pharmacists and hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board shall publish a list of practitioners of the healing arts, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered. Section 2 . Said part is further amended by striking in its entirety Code Section 20-2-911, relating to the authority of the State Personnel Board to establish a health insurance plan for public school employees, and inserting in lieu thereof a new Code Section 20-2-911 to read as follows: Page 1927 20-2-911. (a) The board is authorized to establish a health insurance plan for public school employees of this state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this subpart. Such plan may provide for group hospitalization, 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, and medical expense indemnity benefits, including major medical benefits. (b) The board shall investigate fees of hospitals, pharmacists, and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classification or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (c) The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologists, neurosurgeons, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (d) The recommendations shall include an analysis of all hospitals, pharmacists, and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule. The board shall publish a list of practitioners that accept assignment of benefits under the plan. Page 1928 (e) The recommendations shall include an analysis of the impact of practitioners agreeing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of pharmacists and hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board shall publish a list of practitioners of the healing arts, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered. Section 3 . 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 in its entirety Code Section 45-18-15, relating to the authority of the State Personnel Board to promulgate rules and regulations relating to the state employees' health insurance plan, and inserting in lieu thereof a new Code Section 45-18-15 to read as follows: 45-18-15. (a) The board shall promulgate such rules and regulations as may be required for the effective administration of this article. Such rules and regulations shall include, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date. The commissioner of personnel administration, as executive officer of the board, shall employ such personnel as may be needed to carry out this article and such employees shall be employees of the State Merit System of Personnel Administration. The pro rata share of the costs of operating the State Merit System of Personnel Administration in the manner prescribed by law shall be a part of the administrative costs of the employees' health insurance plan. (b) The board shall investigate fees of hospitals, pharmacists, and practitioners of the healing arts and present recommendations to the General Assembly by not later than January 15, 1991, for a schedule of maximum fees for hospitals and practitioners of the healing arts. The recommended fees for hospitals shall be determined based upon a statistical analysis of the peer groups adjusted for the intensity of the case mix for hospitals of same licensure classification or subclassification (e.g. general, pediatric, psychiatric, rehabilitation, etc.) and of Page 1929 similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (c) The recommended fees for practitioners of the healing arts and pharmacists shall be determined based upon a statistical analysis of the peer groups for such practitioners and pharmacists of the same licensure classification (e.g., internists, family practitioners, cardiologists, neurosurgeons, etc.) and of similar services in the same geographic area. The recommended fee schedule shall not be at the average of the usual and customary charges if the board determines that the average represents an unreasonably high or low charge. (d) The recommendations shall include an analysis of all hospitals, pharmacists, and practitioners accepting assignment of benefits for such services not to exceed the amount authorized by the fee schedule. The board shall publish a list of practitioners that accept assignment of benefits under the plan. (e) The recommendations shall include an analysis of the impact of practitioners agreeing to provide medical or surgical services at a reduced rate for members of the health insurance plan and of pharmacists and hospitals agreeing to provide hospital services, medical equipment, or pharmaceuticals at a reduced rate for members of the health insurance plan. The board shall publish a list of practitioners of the healing arts, pharmacists, and hospitals that offer a reduced rate for members and the rate at which those services, equipment, or pharmaceuticals have been offered. 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 16, 1990. Page 1930 CHILDREN AND YOUTHCERTAIN CHILDREN SENTENCED TO DEPARTMENT OF CORRECTIONS. Code Title 15, Chapter 11 Amended. Code Section 17-10-14 Amended. Code Title 49, Chapter 5 Amended. No. 1422 (Senate Bill No. 484). 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 a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible; to provide that the prohibition against the commitment of a child to a penal institution shall not be construed as prohibiting the transfer of certain children to the custody of the Department of Corrections; to provide that if the juvenile court has reasonable grounds to believe that a child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery, the court shall transfer the offense for prosecution to the appropriate court having jurisdiction; to provide certain conditions; to provide exceptions; to provide for the access of authorized representatives of the Department of Corrections to certain juvenile records and records of the Department of Human Resources; 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 provide that a juvenile transferred to superior court according to Code Section 15-11-39 and convicted of any of certain crimes committed while confined to a youth development center may be sentenced to the Department of Corrections; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services administered by the Department of Human Resources, so as to provide that at any time a delinquent child committed to the department is alleged to have committed a certain criminal offense while in the department's custody, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the custody of the Department of Corrections; to provide for a hearing, for a determination as to whether a transfer to the superior court is warranted, and for the Page 1931 disposition of the child; to authorize the department under certain conditions to petition a court to issue a warrant for the arrest of a child committed to the department who commits a criminal act; to provide for evaluations of delinquent children; to provide for reevaluations; to provide for cases in which evaluations or reevaluations of a child have not been made by the department; to provide for records and confidentiality of evaluations and reevaluations; to provide that a child who has been determined incorrigible by the Department of Human Resources may be transferred to the custody of the Department of Corrections; to provide for rules and regulations; to provide for judicial proceedings prior to the transfer of a child; to provide for periodic review of children who have been determined to be incorrigible; to provide for the discharge of children to the Department of Human Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding immediately following paragraph (8) of Code Section 15-11-2, relating to definitions used in relation to juvenile proceedings, a new paragraph (8.1) to read as follows: (8.1) `Incorrigible child' means those young offenders who are under the supervision of the Youth Services Division of the Department of Human Resources and who require a special management approach due to one or more of the following factors: (A) Heinous nature of the crime committed by the child; (B) Repeated assaultive behavior on the part of the child; or (C) History of escape or escape attempts. Section 2 . Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (b) of Code Section 15-11-30, Page 1932 relating to the right to counsel, in its entirety and inserting in its place a new subsection (b) to read as follows: (b) Except as otherwise provided under this article, a party is entitled to representation by legal counsel at all stages of any proceedings alleging delinquency, unruliness, incorrigibility, or deprivation and if, as an indigent person, he is unable to employ counsel, he is entitled to have the court provide counsel for him. If a party appears without counsel, the court shall ascertain whether he knows of his right to counsel and to be provided with counsel by the court if he is an indigent person. The court may continue the proceeding to enable a party to obtain counsel and shall provide counsel for an unrepresented indigent person upon his request. Counsel must be provided for a child not represented by his parent, guardian, or custodian. If the interests of two or more parties conflict, separate counsel shall be provided for each of them. Section 3 . Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication and the prohibition of commitment of a child to a penal institution, in its entirety and inserting in its place a new subsection (c) to read as follows: (c) A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime; provided, however, this subsection shall not be construed as prohibiting the transfer of a child from the custody of the Department of Human Resources to the custody of the Department of Corrections as provided in subparagraph (a)(5)(D) of Code Section 49-5-7 or Code Section 49-5-10.1. Section 4 . Said Article 1 of Chapter 11 of Title 15 is further amended by striking in its entirety Code Section 15-11-39, relating to the transfer of cases from the juvenile court to another court, and inserting in its place a new Code Section 15-11-39 to read as follows: 15-11-39. (a) Except as otherwise provided in subsection (b) of this Code section, after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local Page 1933 ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: (1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31; (2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing; (3) The court in its discretion determines there are reasonable grounds to believe that: (A) The child committed the delinquent act alleged; (B) The child is not committable to an institution for the mentally retarded or mentally ill; and (C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and (4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution. (b) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits shall transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: (1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31; Page 1934 (2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing; (3) The court in its discretion determines there are reasonable grounds to believe that the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16; and (4) The child was at least 14 years of age at the time of the alleged conduct described in paragraph (3) of this subsection. (c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition. (d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section. (e) Statements made by the child at any hearing under this article are not admissible against him over objection in the criminal proceedings following the transfer. Section 5 . Said Article 1 of Chapter 11 of Title 15 is further amended by striking Code Section 15-11-58, relating to the inspection of juvenile court files and records, in its entirety and inserting in its place a new Code Section 15-11-58 to read as follows: 15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The Page 1935 judge shall permit authorized representatives of the Department of Human Resources, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. Section 6 . Said Article 1 of Chapter 11 of Title 15 is further amended by striking subsection (d) of Code Section 15-11-59, relating to the maintenance and inspection of juvenile law enforcement records, in its entirety and inserting in its place a new subsection (d) to read as follows: (d) The court shall allow authorized representatives of the Department of Human Resources, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles. Section 7 . 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 striking in its entirety Code Section 17-10-14, relating to where persons who are under 17 years of age and who have been convicted of felonies are committed, and inserting in lieu thereof a new Code Section 17-10-14 to read as follows: 17-10-14. (a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Division of Youth Services of the Department of Human Resources to serve such sentence in a detention center of such division until such person is 18 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections. Page 1936 (b) If a juvenile is transferred to superior court according to subsection (b) of Code Section 15-11-39 and convicted of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16, the court may sentence such juvenile to the Department of Corrections. Section 8 . Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services administered by the Department of Human Resources, is amended by striking subsections (c) and (d) of Code Section 49-5-10, relating to the commitment of delinquent or unruly children to the Department of Human Resources, in their entirety and inserting in their respective places new subsections (c) and (d) to read as follows: (c) (1) When a court commits a delinquent or unruly child to the department, the court shall at once forward to the department a certified copy of the order of commitment and the court, the probation officer, the prosecuting and police authorities, the school authorities, and other public officials shall make available to the department all pertinent information in their possession with respect to the case. Such reports shall, if the department so requests, be made upon forms furnished by the department or according to an outline provided by the department. (2) At any time a delinquent child committed to the department is alleged to have committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery, as defined in Chapter 5 of Title 16, while a resident at a youth development center, the department may petition the court of original jurisdiction to have such child transferred to the superior court and sentenced to the Department of Corrections for incarceration in an appropriate facility designated by the Department of Corrections. The court, after a hearing, shall determine if transfer to the superior court is warranted and any other appropriate disposition of such child in accordance with Code Section 15-11-39. (3) At any time a delinquent child committed to the department commits an act which violates any provision of Title 16, the `Criminal Code of Georgia,' the department Page 1937 may petition any court of competent jurisdiction to issue a warrant for the arrest of such child for such violation. (d) (1) When a delinquent or unruly child has been committed to the department, the department shall, under rules and regulations established by the board, forthwith examine and evaluate the child and investigate all pertinent circumstances of his life and behavior. Such examination and evaluation of the child shall occur over a period of not more than 15 days and the evaluation shall include, but not be limited to, the education level of the child, skills or talents, social problems, and potential education or job training, including goals. The department shall make periodic reexaminations and reevaluations of all delinquent or unruly children within its control, except those on release under supervision of the department or placed in foster homes by the department. Such reexaminations and reevaluations may be made as frequently as the department considers desirable and shall be made with respect to every child at intervals not exceeding one year. Failure of the department to examine and evaluate a delinquent or unruly child committed to it or to reexamine or reevaluate him within one year of a previous examination and evaluation shall not of itself entitle the child to discharge from control of the department but shall entitle the child to petition the committing court for an order of discharge; and the court shall discharge him unless the department, upon due notice, satisfies the court of the necessity of further control. (2) The department shall keep written records of all examinations, evaluations, reexaminations, and reevaluations of conclusions based thereon, and of all orders concerning the disposition or treatment of every delinquent or unruly child subject to its control. Records as may be maintained by the department with respect to a delinquent or unruly child committed to the department shall not be public records but shall be privileged records and may be disclosed by direction of the commissioner pursuant to federal law in regard to disseminating juvenile criminal history records only to those persons having a legitimate interest therein and to authorized representatives of the Department of Corrections when such records relate to a child that has been transferred to the custody of the Department of Page 1938 Corrections; provided, however, that the commissioner shall permit the Council of Juvenile Court Judges to inspect and copy such records for the purposes of obtaining statistics on juveniles. Section 9 . Said Article 1 of Chapter 5 of Title 49 is further amended by adding immediately following Code Section 49-5-10, relating to the commitment of delinquent or unruly children, a new Code section, to be designated Code Section 49-5-10.1, to read as follows: 49-5-10.1. (a) Any child committed to the Department of Human Resources who is determined to be incorrigible may be transferred to the custody of the Department of Corrections to be incarcerated in a specially commissioned institution for the housing and rehabilitation of incorrigible children. (b) The Board of Human Resources shall promulgate, by rule and regulation, criteria to be utilized in determining whether a child is incorrigible as defined in Code Section 15-11-2. The Board of Human Resources shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (c) After the department has made a determination that a child in its custody is incorrigible, the department may file a petition alleging incorrigibility with the juvenile or superior court having jurisdiction and the court shall fix a time for a hearing on the petition. Judicial proceedings under this Code section shall be held in accordance with the applicable procedural provisions of Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings. The court shall determine whether the criteria for transfer to the Department of Corrections have been met and whether transfer to the Department of Corrections is in the best interest of the child and the state. If the court determines that the criteria for transfer have been met and that such transfer is in the best interests of the child and the state, the court may order the transfer of the child to the custody of the Department of Corrections. (d) The Department of Corrections shall establish, by rule or regulation, criteria for the periodic review of children in its custody and shall periodically review each child transferred Page 1939 to its custody for the purposes of determining whether the child continues to be incorrigible. Should the Department of Corrections determine that a child is no longer incorrigible and there no longer exists a need to incarcerate the child within the Department of Corrections, the child shall be transferred back to the custody of the Department of Human Resources. The Department of Corrections shall be authorized to promulgate any other rules and regulations necessary to carry out the provisions of this Code section. (e) All children shall be discharged at the appropriate time to the custody of the Department of Human Resources, which shall have responsibility for further intensive supervision or other appropriate aftercare as may be required or authorized by law. Section 10 . This Act shall become effective July 1, 1991. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. ELECTIONSRECALL ACT OF 1989; LEGAL SUFFICIENCY OF RECALL PETITIONS; JUDICIAL REVIEW. Code Sections 21-4-3, 21-4-5, 21-4-6, and 21-4-11 Amended. No. 1423 (Senate Bill No. 486). AN ACT To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the Recall Act of 1989, so as to define legal sufficiency; to provide for written notice to the public officer named for recall of the official issuance of an application for recall petition for circulation and of the filing of such completed application for verification; to provide for filing applications for recall Page 1940 one page in length; to change certain provisions regarding when a public officer sought to be recalled may file a petition applying for certain judicial review of a recall petition; to provide for the continuance of recall proceedings during certain judicial review; to provide that certain superior court proceedings regarding sufficiency review petitions shall be conducted on an expedited basis; to change certain provisions regarding the scope of superior court review of sufficiency review petitions; to provide for revised review procedures; to provide for filing recall petitions exceeding one page in length; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 21 of the Official Code of Georgia Annotated, the Recall Act of 1989, is amended by adding a new paragraph defining legal sufficiency immediately following paragraph (7) of Code Section 21-4-3, relating to definitions regarding recall, to be designated paragraph (7.1), to read as follows: (7.1) `Legal sufficiency' means, solely as applied to the duties or functions of the election superintendent, a determination of the completeness of an application for a recall petition or a recall petition and a determination that an application for a recall petition or a recall petition contains a sufficient number of valid signatures. Such determinations shall not include any 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. Section 2 . Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in its place a new paragraph (2) to read as follows: (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. The election superintendent shall immediately notify in writing the Page 1941 public officer named for recall in the application that an application for a recall petition has been officially issued for circulation. Section 3 . Said chapter is further amended by striking paragraph (1) of subsection (f) of Code Section 21-4-5, relating to applications for recall petitions, and inserting in its place a new paragraph (1) to read as follows: (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. If an application for a recall petition contains more than one sheet, such application, when offered for filing, shall be bound together and each sheet shall be numbered consecutively at the foot of each page beginning with page one. Section 4 . Said chapter is further amended by adding a new paragraph describing notice of receipt of a completed application immediately following paragraph (2) of subsection (f) Code Section 21-4-5, relating to applications for recall petitions, to be designated paragraph (3), to read as follows: (3) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a completed application for a recall petition has been filed with the election superintendent for verification. Section 5 . Said chapter is further amended by striking subsection (a) of Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in its place a new subsection (a) to read as follows: (a) Within four days after the receipt of notice from the election superintendent by the officer sought to be recalled that a completed application for a recall petition has been filed with the election superintendent 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. During the pendency of the review by Page 1942 the superior court, the recall proceedings shall continue in the manner provided for in this chapter. Section 6 . Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-4-6, relating to review of grounds for a recall petition, and inserting in their place new subsections (c) and (d), respectively, to read as follows: (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 on an expedited basis. He shall be reimbursed for his actual expenses for food and lodging and he shall receive the same mileage allowance as other state officials and employees. (d) The judge shall schedule an evidentiary hearing on an expedited basis and shall notify the public officer sought to be recalled and the petition chairperson of the date, time, and location of the hearing. At the hearing, the petition chairperson shall bear the burden of demonstrating by a preponderance of the evidence that the ground or grounds upon which the application for a recall petition and the fact or facts upon which the ground or grounds are based, as set forth in the application for a recall petition, are legally sufficient under this chapter. No discovery shall be permitted by any party to the hearing. Section 7 . Said chapter is further amended by striking subsection (c) of Code Section 21-4-11, relating to recall petitions, and inserting in its place a new subsection (c) to read as follows: (c) (1) No recall petition shall be amended, supplemented, or returned after it has been filed with the election superintendent for verification. Page 1943 (2) If a recall petition contains more than one sheet, such recall petition shall, when offered for filing, be bound together and each sheet shall be numbered consecutively at the foot of each page beginning with page one. Section 8 . This Act shall become effective July 1, 1990, and shall only apply to recall proceedings under Chapter 4 of Title 21, the Recall Act of 1989 which are instituted on or after July 1, 1990. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIREDTERMINATION DATE. Code Section 30-7-5 Amended. No. 1424 (Senate Bill No. 560). AN ACT To amend Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, so as to change certain provisions regarding termination of the commission; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 30 of the Official Code of Georgia Annotated, relating to the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired, is amended by striking Code Section 30-7-5, relating to termination Page 1944 of the commission, in its entirety and inserting in lieu thereof a new Code Section 30-7-5 to read as follows: 30-7-5. The Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired shall be abolished as of July 1, 1991, at which time this chapter shall stand repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. BINGOLICENSURE. Code Section 16-12-53 Amended. No. 1425 (Senate Bill No. 566). AN ACT To amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and holding a license; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements Page 1945 for bingo games, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) When a nonprofit, tax-exempt organization operating bingo games has gross receipts of $100.00 or less during each bingo session and pays prizes having a value of $100.00 or less during each bingo session, then, notwithstanding any other provision of this part or any rule or regulation promulgated by the director pursuant to the provisions of Code Section 16-12-61, neither the applicant nor any of the persons whose names and addresses are required under paragraphs (1) and (2) of subsection (b) of this Code section shall be required to submit or provide fingerprints or photographs as a condition of being granted a license. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. CARNIVAL RIDE SAFETY ACT. Code Title 34, Chapter 13 Amended. No. 1426 (Senate Bill No. 570). AN ACT To amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, so as to require all carnival owners and operators to post a sign stating any age, weight, or height requirements for each ride; to provide for a minimum amount of insurance; to provide that the cost of ride inspection shall be no less than 80 percent of the actual cost of the inspection; to require the Department of Labor to inspect all traveling carnival rides at each new location within the state; to provide that no carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the Department Page 1946 of Labor, whichever is greater; to require that all traveling carnival rides shall have registered agent in the state; 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 13 of Title 34 of the Official Code of Georgia Annotated, relating to carnival ride safety, is amended by striking in its entirety said chapter, which reads as follows: CHAPTER 13 34-13-1. This chapter shall be known and may be cited as the `Carnival Ride Safety Act.' 34-13-2. As used in this chapter, the term: (1) `Advisory board' means the Advisory Board on Carnival Ride Safety created by this chapter. (2) `Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 of this title, known as the `Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3) `Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or the owner's representative. (4) `Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. (5) `Commissioner' means the Commissioner of Labor. Page 1947 (6) `Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations. (7) `Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of carnival rides. (8) `Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) `Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) `Permit' means a permit to operate a carnival ride issued to an owner by the department. (11) `Permit fee' means the fee charged by the department for a permit to operate a carnival ride. (12) `Standards and regulations' means those standards and regulations formulated and enforced by the department. 34-13-3. (a) There is created the Advisory Board on Carnival Ride Safety which shall 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 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. Page 1948 34-13-4. The advisory board is empowered to study any aspect of the `Carnival Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects. 34-13-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987. (b) The department shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; (3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter; and (4) Establish a fee schedule for the issuance of permits for carnival rides, provided that the maximum fee for inspection of any single ride shall not exceed $15.00 per ride per year. 34-13-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter. 34-13-7. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department. The Page 1949 owner of a carnival ride shall apply for a permit to the department on a form furnished by the department, providing such information as the department may require. 34-13-8. (a) All carnival rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense, provided that the fee for all such inspections of any carnival ride shall not exceed $15.00 per ride per year. If the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant to this chapter, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. (b) Carnival rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter. 34-13-9. The department may waive the requirement of subsection (a) of Code Section 34-13-8 if the owner of a carnival ride gives satisfactory proof to the department that the carnival ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter. 34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the department. The permit shall be valid for the calendar year in which issued. 34-13-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance Page 1950 performed, and description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-13-12. No person shall be permitted to operate a carnival ride unless he is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. 34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by firstclass mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board. 34-13-14. (a) No person shall operate a carnival ride unless at the time there is in existence: (1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department. (b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department. Page 1951 34-13-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The department may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public. 34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. 34-13-17. This chapter shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-13-18. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, Page 1952 may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter. (c) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. 34-13-19. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section with permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his duties under this chapter. 34-13-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom., and substituting in lieu thereof a new Chapter 13 to read as follows: CHAPTER 13 34-13-1. This chapter shall be known and may be cited as the `Carnival Ride Safety Act.' 34-13-2. As used in this chapter, the term: (1) `Advisory board' means the Advisory Board on Carnival Ride Safety created by this chapter. (2) `Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 of this title, known as the `Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. Page 1953 (3) `Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or the owner's representative. (4) `Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. (5) `Commissioner' means the Commissioner of Labor. (6) `Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations. (7) `Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of carnival rides. (8) `Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) `Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) `Permit' means a permit to operate a carnival ride issued to an owner by the department. (11) `Permit fee' means the fee charged by the department for a permit to operate a carnival ride. (12) `Standards and regulations' means those standards and regulations formulated and enforced by the department. Page 1954 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. 34-13-4. The advisory board is empowered to study any aspect of the `Carnival Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects. 34-13-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987. (b) The department shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; (3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter; and Page 1955 (4) Establish a fee schedule for the issuance of permits for carnival rides, provided that the fee for inspection of all carnival rides shall be no less than 80 percent of the actual cost of the inspection. 34-13-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter. 34-13-7. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department. The owner of a carnival ride shall apply for a permit to the department on a form furnished by the department, providing such information as the department may require. 34-13-8. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by the Office of Safety Engineering of the department at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant to this chapter, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. The fee for all such inspections of any carnival ride shall be no less than 80 percent of the actual cost of each inspection. 34-13-9. The department may waive the requirement of Code Section 34-13-8 if the owner of a carnival ride gives satisfactory proof to the department that the carnival ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter. 34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the Page 1956 department. The permit shall be valid for the calendar year in which issued. 34-13-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-13-12. (a) No person shall be permitted to operate a carnival ride unless he is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. (b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the department, whichever is greater. 34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by firstclass mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board. 34-13-14. (a) No person shall operate a carnival ride unless at the time there is in existence: (1) A policy of insurance in an amount not less than $1,000,000.00 (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; Page 1957 (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department. (b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department. 34-13-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The department may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public. 34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. 34-13-17. This chapter shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-13-18. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation Page 1958 of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter. (c) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. 34-13-19. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his duties under this chapter. 34-13-20. (a) The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury. (b) It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride. 34-13-21. The owner of any itinerant carnival ride which is located within the state must continuously maintain in this state a registered agent of record, which agent may be an individual who resides in the state and whose business address is identical with the address of the owner's required office. Page 1959 34-13-22. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. GEORGIA MUTUAL AID ACTUNIVERSITY SYSTEM OF GEORGIA. Code Title 36, Chapter 69 Amended. No. 1427 (Senate Bill No. 580). AN ACT To amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the Georgia Mutual Aid Act, so as to change the definition of a certain term; to provide for extraterritorial cooperation and assistance between local law enforcement agencies and law enforcement agencies of institutions within the University System of Georgia under certain conditions; to provide for authorization for such cooperation and assistance prior to local emergencies under certain conditions; to provide for powers, duties, rights, privileges, and immunities of certain employees of institutions within the University System of Georgia who render aid; to provide for responsibility for expenses and compensation of certain employees of institutions within the University System of Georgia; to provide for applicability of privileges, immunities, exemptions, and benefits of certain employees of institutions within the University System of Georgia; to provide for the construction of certain laws with respect to the duties of a public safety agency of an institution within the University System of Georgia; to provide that neither the public safety agency of an institution of Page 1960 the University System of Georgia nor such institution shall be liable for acts or omissions of responding agency employees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the Georgia Mutual Aid Act, is amended by striking in its entirety Code Section 36-69-2, relating to the meaning of the term local emergency, and inserting in lieu thereof a new Code Section 36-69-2 to read as follows: 36-69-2. As used in this chapter, the term `local emergency' means the existence of conditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state or on a campus of an institution within the University System of Georgia caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision of the state and which require the combined forces of other political subdivisions of the state to combat. Section 2 . Said chapter is further amended by striking in its entirety Code Section 36-69-3, relating to extraterritorial cooperation and assistance to local law enforcement agencies or fire departments, and inserting in lieu thereof a new Code Section 36-69-3 to read as follows: 36-69-3. (a) (1) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same. Page 1961 (2) (A) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the public safety director or chief of police of any institution within the University System of Georgia may, with the approval of the president of such institution, cooperate with and render assistance extraterritorially to such law enforcement agency requesting the same. (B) Upon the request for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, which request is made by a public safety director or chief of police of any institution within the University System of Georgia after approval by the president of such institution, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of the county may cooperate with and render assistance extraterritorially to such law enforcement agency of the institution requesting the same. (b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief or public safety director of any local political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local fire department requesting the same. (c) Upon the request of any local law enforcement agency or local director of emergency medical services for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical technicians employed by a political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance Page 1962 extraterritorially to such local law enforcement agency or local director of emergency services. (d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision or the president of an institution within the University System of Georgia to any of its agencies or employees covered by this Code section prior to any occurrence resulting in the need for such assistance; provided, however, that any prior authorization granted by the president of an institution within the University System of Georgia for the furnishing of assistance extraterritorially must be submitted to and approved by the board of regents before it becomes effective. Such authorization may provide limitations and restrictions on such assistance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6. (e) The senior officer of the public safety agency of a political subdivision or institution within the University System of Georgia which requests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to stategy, tactics, and overall direction of the operations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be relayed to the senior officer in command of the public safety agency rendering assistance extraterritorially. Section 3 . Said chapter is further amended by striking in its entirety Code Section 36-69-4, relating to powers, duties, rights, privileges, and immunities of employees of a political subdivision rendering aid, and inserting in lieu thereof a new Code Section 36-69-4 to read as follows: 36-69-4. Whenever the employees of any political subdivision or institution within the University System of Georgia are rendering aid outside their political subdivision or campus, respectively, and pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing Page 1963 their duties in the political subdivision or on the campus of the institution in which they are normally employed. Section 4 . Said chapter is further amended by striking in its entirety Code Section 36-69-5, relating to responsibility for expenses and compensation of employees, and inserting in lieu thereof a new Code Section 36-69-5 to read as follows: 36-69-5. Unless otherwise provided by contract, the political subdivision or institution within the University System of Georgia which furnishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. Unless otherwise provided by contract, the political subdivision or institution within the University System of Georgia furnishing aid pursuant to this chapter shall compensate its employees during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Section 5 . Said chapter is further amended by striking in its entirety Code Section 36-69-6, relating to applicability of privileges, immunities, exemptions, and benefits, and inserting in lieu thereof a new Code Section 36-69-6 to read as follows: 36-69-6. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision or institution within the University System of Georgia when performing their respective functions within the territorial limits of their respective political subdivisions or campuses shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees. Page 1964 Section 6 . Said chapter is further amended by striking in its entirety Code Section 36-69-7, relating to liability for acts or omissions of responding agency employees, and inserting in lieu thereof a new Code Section 36-69-7 to read as follows: 36-69-7. Neither a public safety agency which requests assistance pursuant to Code Section 36-69-3 nor the political subdivision or institution of the University System of Georgia in which the public safety agency is located shall be liable for any acts or omissions of employees of a responding public safety agency rendering assistance extraterritorially under the provisions of this chapter. Section 7 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 36-69-8, relating to construction of said chapter, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision or institution within the University System of Georgia to respond to a request from any public safety agency of another local political subdivision or institution of the University System of Georgia as authorized in Code Section 36-69-3. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1965 STATE EXAMINING BOARDSCONFIDENTIALITY OF EXAMINATION QUESTIONS. Code Sections 43-1-2, 43-1-19, and 43-1-20.1 Amended. No. 1428 (Senate Bill No. 588). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, so as to provide for confidentiality of examination questions and other examination materials; to clarify certain provisions relating to subpoenas; to modify the venue provisions for cease and desist orders; 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 43 of the Official Code of Georgia Annotated, relating to general provisions for state examining boards, is amended by striking subsection (k) of Code Section 43-1-2, relating to general powers of the joint-secretary, and inserting in lieu thereof a new subsection (k) to read as follows: (k) The joint-secretary shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various state examining boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the joint-secretary sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the state examining board to which application is made: (1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; Page 1966 (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes. Section 2 . Said chapter is further amended by striking paragraph (1) of subsection (h) of Code Section 43-1-19, relating to authority of the state examining boards to refuse to grant or to revoke licenses, subpoena powers, and judicial review, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The joint-secretary of the state examining boards is vested with the power and authority to make, or cause to be made through employees or agents of each state examining board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession may have taken place. Section 3 . Said chapter is further amended by striking subsection (c) of Code Section 43-1-20.1, relating to cease and desist orders, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. Page 1967 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 16, 1990. GEORGIA CORONER'S TRAINING COUNCILQUORUM. Code Section 45-16-64 Amended. No. 1429 (Senate Bill No. 593). AN ACT To amend Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, so as to change the provisions relating to the quorum necessary for the council to transact business; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-16-64 of the Official Code of Georgia Annotated, relating to the Georgia Coroner's Training Council, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: Page 1968 (c) A simple majority of the council members shall constitute a quorum for the transaction of business. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. CORONERS AND MEDICAL EXAMINERSEXPENSE OF EMBALMING. Code Section 45-16-25 Amended. No. 1430 (Senate Bill No. 594). AN ACT To amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the coroner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, so as to change the provisions relating to payment of the expense of embalming under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to the duties of the corner, medical examiner, and peace officer upon receipt of notice of suspicious or unusual death, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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, Page 1969 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 not the 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 by the county of the coroner's or medical examiner's jurisdiction. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. INDICTMENT OF ELECTED LOCAL OFFICIALS. Code Section 45-11-4 Amended. No. 1431 (Senate Bill No. 600). AN ACT To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to provide that any county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, and any mayor or member of any municipal governing authority shall be subject to indictment upon being charged with malpractice, partiality, conduct unbecoming the office, demanding excessive costs, or misfeasance or Page 1970 malfeasance in office; to provide practices and procedures for serving any such accused public officer holding office or formerly holding office with a copy of the indictment to be presented to the grand jury; to provide procedures and limitations relative to the appearance of the accused public officer and his counsel before the grand jury; to provide for the accused to make sworn statements to the grand jury and to be present during presentation of evidence and statements on the proposed indictment to the grand jury; to prohibit the presence of the accused public officer and his counsel in the grand jury room following presentation of all evidence pertaining to the indictment; to provide for trial by jury of the accused public official upon return of a true bill by the grand jury; to provide for punishment and removal of the accused from office upon conviction for any such offense; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by striking Code Section 45-11-4, relating to malpractice, partiality, and conduct unbecoming the office and appearance of public officers and officials before grand juries, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows: 45-11-4. Any elected county officer, including the judge of the probate court, clerk of the superior court, tax receiver, tax collector, and tax commissioner, where the office has replaced the tax receiver and tax collector, any member of any board of commissioners, or any mayor or member of any municipal governing authority, presently or formerly holding such office, who shall be charged with malpractice, misfeasance, or malfeasance in office; or with using oppression or tyrannical partiality in the administration or under the color of his office; or, when required by law, with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other deliberate or illegal means to delay or avoid the due course or proceeding of law; or with any other illegal conduct in the performance or administration of the office which is Page 1971 unbecoming the character of a public officer; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. The indictment shall specially set forth the merits of the complaint against the accused public officer. A copy of the indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. The accused shall have the right to appear before the grand jury to make such sworn statement as he shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his counsel to examine the state's witnesses. The accused and his counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the Indictment. If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the superior court criminal docket of cases to be tried by a petit jury. If the accused is convicted, he shall be punished by a fine or by imprisonment, or both, at the discretion of the court; and, if still in office, he shall be removed from office. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1972 EDUCATION. Code Title 20, Chapters 2 and 4 Amended. No. 1432 (Senate Bill No. 622). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to development and dissemination of instructional materials on the effects of alcohol; to change the provisions relating to prescribed courses and provide for allocation of funds; to change certain provisions relating to direct instructional costs for the kindergarten and primary grades program; to change the assistance to be provided to member local school systems by regional educational service agencies; to provide that full-time technical or adult education personnel who have previously become or hereafter become employees of the Department of Technical and Adult Education and who were employees of local units of administration at the time of becoming employees of said department shall be granted a certain amount of initial accrued sick leave; to provide conditions and requirements and for other matters relative thereto; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Code Section 20-2-13, relating to development and dissemination of instructional materials on the effects of alcohol, and inserting in its place a new Code section to read as follows: 20-2-13. The State Board of Education may use and allocate money for educational research and preparation and publication of instructional material, and such funds may be paid upon approval of the Governor. Section 2 . Said title is further amended by striking Code Section 20-2-142, relating to prescribed courses, and inserting in its place a new Code section to read as follows: Page 1973 20-2-142. (1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education: (A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (b) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses. (b) (1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Page 1974 Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources. (d) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following: (1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of Page 1975 alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools; (2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and (3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means. (e) The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secretarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section. (f) The state board shall make available uniformly to the public schools of the state and the educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested Page 1976 methods of instruction which are developed under this Code section. Section 3 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional costs, and inserting in its place a new paragraph 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. 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 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. In the event a local school system does not actually enroll the fulltime 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 Page 1977 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. Section 4 . Said title is further amended by striking subsection (a) of Code Section 20-2-270, establishing a state-wide network of regional educational service agencies, and inserting in its place a new subsection to read as follows: (a) The State Board of Education shall establish a statewide network of regional educational service agencies for the purposes of providing shared services designed to improve the effectiveness of educational programs and services of local school systems and of providing instructional programs directly to selected public school students in the state. The regional educational service agencies established by the state board may legally be referred to as `RESA' or `RESA's'. The shared services to member local school systems shall include the following assistance: Page 1978 (1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements; (2) Developing and implementing staff development programs; (3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board; (4) Developing and implementing assessment and evaluation programs; (5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management; and (6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse. The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272. Section 5 . Said title is further amended by striking Code Section 20-4-31, relating to initial sick and annual leave granted to personnel transferred to the Department of Technical and Adult Education, and substituting in its place a new Code section to read as follows: 20-4-31. (a) An employee of a postsecondary technical school governed by the department may be granted an amount of initial accrued sick and annual leave; provided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have Page 1979 been accrued in the employment of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, any leave granted under this subsection shall be subject to the same limitations as leave accrued while employed by the department, including forfeiture. (b) An employee of a local unit of administration, as defined in Code Section 20-2-242, who serves as a full-time staff person in technical or adult education and who, without any break in service, has previously become or hereafter becomes an employee of the Department of Technical and Adult Education as a result of this article shall be granted an amount of initial accrued sick leave which shall not exceed 45 days or the amount accrued as of the date of becoming an employee of the department, whichever is less; provided, further, that the employee has not received payment from the former employer for the sick leave; provided, further, that the amount of initial sick leave granted shall not exceed the amount which would have been accrued in the employ of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from the date of becoming an employee of the department; and provided, further, that any sick leave granted under this subsection shall be subject to the same limitations as sick leave accrued while employed by the department, including forfeiture. Section 6 . Section 5 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1990. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1980 SEARCH WARRANTSISSUED ON APPLICATION OF OFFICERS EMPLOYED BY UNIVERSITIES, COLLEGES, AND SCHOOLS. Code Sections 17-5-20 and 17-5-21 Amended. No. 1433 (Senate Bill No. 641). 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 clarify the authority of peace officers employed by universities, colleges, and schools, as well as officers of the state and political subdivisions, to apply for search warrants; to make manifest the intention of the General Assembly that peace officers who have met the standards established by the Georgia Peace Officer Standards and Training Council and who are authorized by law to exercise law enforcement powers with regard to certain property shall be authorized to apply for and obtain search warrants; to change the provisions relating to the grounds for the issuance of search warrants; to provide for the issuance of search warrants upon the written complaint of peace officers employed by universities, colleges, and schools; to require that under certain circumstances the execution of a search warrant by a certified peace officer employed by a university, college, or school shall be made jointly by said peace officer and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be executed; 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 striking in its entirety Code Section 17-5-20, relating to requirements for issuance of search warrant generally, and inserting in lieu thereof a new Code Section 17-5-20 to read as follows: 17-5-20. (a) A search warrant may be issued only upon the application of an officer of this state or its political sub divisons charged with the duty of enforcing the criminal laws or a Page 1981 currently certified peace officer engaged in the course of official duty, whether said officer is employed by a law enforcement unit of: (1) The state or a political subdivision of the state; or (2) A university, college, or school. (b) A search warrant shall not be issued upon the application of a private citizen or for his aid in the enforcement of personal, civil, or property rights. Section 2 . Said article is further amended by striking in its entirety subsection (a) of Code Section 17-5-21, relating to grounds for the issuance of a search warrant, and inserting in lieu thereof a new subsection (a) to read as follows: 17-5-21. (a) Upon the written complaint of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, which states facts sufficient to show probable cause that a crime is being committed or has been committed and which particularly describes the place or person, or both, to be searched and things to be seized, any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, referred to in this Code section as `judicial officer,' may issue a search warrant for the seizure of the following: (1) Any instruments, articles, or things, including the private papers of any person, which are designed, intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued; (2) Any person who has been kidnapped in violation of the laws of this state, who has been kidnapped in another jurisdiction and is now concealed within this state, or any human fetus or human corpse; (3) Stolen or embezzled property; Page 1982 (4) Any item, substance, object, thing, or matter, the possession of which is unlawful; or (5) Any item, substance, object, thing, or matter, other than the private papers of any person, which is tangible evidence of the commission of the crime for which probable cause is shown. Section 3 . Said article is further amended by adding at the end of Code Section 17-5-21, relating to grounds for the issuance of a search warrant, a new subsection (d) to read as follows: (d) Notwithstanding any provisions of Code Section 17-5-20 or other provisions of this Code section to the contrary, with respect to the execution of a search warrant by a certified peace officer employed by a university, college, or school, which search warrant will be executed beyond the arrest jurisdiction of a campus policeman pursuant to Code Section 20-3-72, the execution of such search warrant shall be made jointly by the certified peace officer employed by a university, college, or school and a certified peace officer of a law enforcement unit of the political subdivision wherein the search will be conducted. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 1983 HAZARDOUS WASTEMEMBERSHIP AND DUTIES OF THE GEORGIA HAZARDOUS MANAGEMENT AUTHORITY. Code Sections 12-8-102 and 12-8-112.1 Amended. No. 1434 (Senate Bill No. 652). AN ACT To amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Waste Management Authority Act, so as to provide for additional members of such authority; to provide for appointment, qualifications, quorums, and terms of office; to provide that the promotion of certain waste minimization shall be a purpose of such authority; 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 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Waste Management Authority Act, is amended by striking Code Section 12-8-102, relating to the creation of the Georgia Hazardous Waste Management Authority, and inserting in its place a new Code Section 12-8-102 to read as follows: 12-8-102. (a) 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. (b) The authority shall consist of: (1) The Governor; (2) The Lieutenant Governor; Page 1984 (3) An appointee of the Lieutenant Governor; (4) The Secretary of State; (5) An appointee of the Governor who is not the Attorney General; (6) The state auditor; (7) Two appointees of the Speaker of the House of Representatives neither of whom is the Attorney General; (8) The commissioner of transportation; (9) The Commissioner of Agriculture; (10) The commissioner of industry, trade, and tourism; (11) The commissioner of human resources; and (12) Three appointees from the faculty or staff of the University System of the State of Georgia, one of whom shall have expertise in hydrogeology, one of whom shall have expertise in chemical process engineering, and one of whom shall have expertise in industrial hygiene and safety. Such appointees shall be selected by the chancellor of the University System of Georgia after consultation with the presidents of the Georgia Institute of Technology, the University of Georgia, the Medical College of Georgia, and such other university system personnel as the chancellor may deem necessary. (c) The term of office of the appointees of the Speaker of the House of Representatives, the appointee of the Lieutenant Governor, and the appointees of the chancellor of the University System of Georgia 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. (d) Immediately upon the passage and approval of this article, the members of the authority shall enter upon their Page 1985 duties. The authority shall elect its own officers. Eight 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. (e) 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. (f) 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 2 . Said article is further amended by striking Code Section 12-8-112.1, relating to state policy regarding the Georgia Hazardous Waste Management Authority, and inserting in its place a new Code Section 12-8-112.1 to read as follows: 12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treatment, and other methods. The authority shall promote hazardous waste minimization efforts among generators of hazardous waste and shall work with the department to encourage hazardous waste minimization. The authority is authorized to charge for the use of its facilities and its services so as to further this policy. 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 16, 1990. Page 1986 SOCIAL SERVICESDELIVERY OF SERVICES TO FAMILIES AND CHILDREN. Code Title 49, Chapter 5 Amended. No. 1435 (Senate Bill No. 705). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to provide for a consolidation of the delivery of social services to families and children; to provide a short title; to provide for legislative findings; to provide for purposes of the article; to provide for definitions; to provide for pilot programs for the provision of family preservation services; to provide for related matters; to provide for a quarterly evaluation and report regarding such pilot programs; to provide for pilot programs for the joint intake, assessment, placement, and case management of children coming before the juvenile court or committed to state custody; to provide for related matters; to provdie for an investigation into the condition of any such child; to provdie for case management; to provide for a team to assess and report on any such child's condition; to provide a termination date for such pilot project; to provide for a report to the General Assembly; to provide for the combination of social services funding; to provide for related matters; to provide for a pilot project related to such combination of funding; to provide for a report to the General Assembly relative to the same; to provide for a pilot project relative to combining the provisions of social services to families and children; to provide for related matters; to urge the Chief Justice of the Supreme Court of Georgia and others to urge circuit court judges and juvenile court judges to propose plans for handling juvenile and family related matters; to provide for related matters; to provide for employee participation in the management of certain agencies; to provide for related matters; to provide for a report to the General Assembly; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, Page 1987 is amended by adding at the end a new article to read as follows: ARTICLE 8 49-5-200. This Article shall be known and may be cited as the `Family Preservation and Child Protection Reform Act.' 49-5-201. (a) The General Assembly finds that: (1) Children, youth and families at risk suffer multiple problems that resist the funding and service categories of state departments; (2) Our children, youth, and family systems are in need of reform to effectively protect our children and preserve the sanctity of the family; and (3) This article is intended to test new approaches by instituting seven classes of pilot projects, each involving one or more counties during a three year period ending December, 1992. Any county selected as a pilot project shall report quarterly to the appropriate department and the General Assembly. Prior to expanding any pilot project to the rest of the state the pilot results shall be evaluated. (4) Each participating department and county is encouraged to contract with or purchase services from licensed private children, youth and family serving organizations. (5) Each pilot project shall have an evaluation component and where possible the colleges and universities of the Georgia University System are encouraged to provide evaluations or technical assistance to the pilot projects. (b) Each pilot project designated in 49-5-201 through 49-5-207 shall include the following goals for services, management and finance: (1) Services designed: Page 1988 (A) To develop through interagency planning efforts a comprehensive and coordinated service delivery system across agency service categories; (B) To develop new interagency programs and services that address the problems of at risk families, thus creating a flexible service delivery system which is driven by the needs of families; (C) To encourage prevention and early intervention programs that can serve families at point before a crisis occurs; (D) To insure that families shall be fully involved in all aspects of planning and delivery of services; provided, however, that no family shall be required to accept services for any family member; (E) To increase the family's awareness of services and programs through innovative outreach efforts which encourage families to participate voluntarily; (F) To provide community based services, in the least restrictive environment and whenever possible prevent out-of-home care; (G) To establish services which reflect the local community's needs, characteristics and resources, as well providing a means for local input and decision making; and (H) To develop family-centered programs to improve parents' abilities to care for their children, thus achieving family self-sufficiency and preservation; and (2) Management designed: (A) To develop a noncategorical case management system which provides a wide range of assessment and support for families with multiple needs; (B) To create a single point of access to services through an interagency case manager; Page 1989 (C) To provide home and community based family focused interdisciplinary case management services; (D) To promote a system which empowers families to determine their own service priorities; (E) To authorize the case manager to obtain necessary services with priority access across regulatory and statutory barriers; (F) To staff the case management entity by redeploying current personnel from other parts of the agency; (3) Financing designed: (A) To devise fiscal incentives which reward services delivered based on the assessment; (B) To provide flexible funding to case managers who may purchase appropriate care and services for families; (C) To create a joint funding pool via interagency budgeting to fund a single program or service; and (D) To redeploy savings from one part of the system to another part of the service system to purchase new services or expand current services as needed. 49-5-202. (a) Family preservation: The General Assembly finds that purchasing or providing those services specifically needed to enable a family to continue functioning as a family, can frequently provide an effective, efficient, and humane alternative to out-of-home placement and family preservation programs have demonstrated an ability to assure the protection and safety of children and youth being served. (b) For purposes of this Code section, the term: (1) `Departments' means the Department of Human Resources and its Divisions of: Mental Health, Mental Retardation, and Substance Abuse; Youth Services; and Page 1990 Family and Children Services and the Department of Education. (2) `Family preservation services' means short-term, intensive, in-home services intended to protect, treat, or support children and youth by enabling the families of such children and youth to care for them at home. (c) The departments shall designate one or more of the counties applying for the family preservation services pilot project. The DHR's Division of Family and Children Services shall be the lead agency for coordinating the effort including development of requests for proposals, contracting for services, staff qualifications, training, and program evaluation. (d) The departments shall jointly agree: (1) That eligibility for participation is restricted to those families with children and youth who are at actual, imminent risk of out-of-home placement, in situations in which family preservation services afford effective protection of children, youth, families, and the community. (2) That caseloads for family preservation services workers shall generally not exceed three families at any given time; (3) That such services shall be provided in the home, school, or other natural environment of families; and (4) That the duration of such services shall average not less than four weeks nor more than eight weeks, with services in any given case not to exceed 12 weeks. (e) The departments shall provide financial incentives to prevent out-of-home placements including but not limited to the following: (1) Performance based contracting if evaluation by other than the Department of Human Resources is available; Page 1991 (2) Targeting savings in placement costs to improve services; (3) Allowing use of foster care funds for services to prevent out-of-home placement; and (4) Permitting contract agencies to use family preservation funds in a flexible manner to meet the individual, specific needs of children, youth, and families. (f) The departments shall jointly conduct ongoing evaluations of the family preservation services pilot projects quarterly, through December 31, 1992, concerning: (1) The number of families receiving family preservation services through pilot programs; (2) The number of children and youth at risk of out-of-home placement prior to initiation of such services in families receiving family preservation services through the pilot programs; (3) Among those children and youth identified in paragraph (2) of this subsection, the number of children placed in foster care, in group homes, and in other facilities outside of the home; (4) The average cost of such services provided under pilot programs to families receiving family preservation services; (5) The estimated cost of out-of-home placement through foster care, group homes, or other facilities which would otherwise have been expended on behalf of these children and youth at risk of placement who successfully remain united with their families as a result of service provided through the pilot programs, based on the average length of stay and average cost of such out-of-home placements; (6) The number of children and youth who remain unified with their families for one, two, and three years after receiving services under the pilot programs; and Page 1992 (7) An overall statement of the progress of the pilot programs during the preceding year, along with recommendations for improvement. (8) Whether the pilot projects have been successful and whether they should be implemented state wide. 49-5-203. (a) Joint intake, evaluation and assessment: The General Assembly finds that: (1) There is a need for pilot projects for the joint intake, evaluation, assessment, placement, and case management of children coming before the juvenile court or committed to state custody; (2) Currently, the services such children receive are determined largely by which department or division has been given custody and the individual department or division often is limited in its ability to meet the child's and their family's unique needs; (3) These youths should receive services based less upon the availability of placement beds than upon their individual needs; (4) The state lacks a comprehensive, uniform mechanism to identify the medical, psychological, social, and educational needs of all children coming before the juvenile court or in state custody or to obtain the available services to meet those needs; and (5) The purpose of such pilot programs shall be to establish an integrated, interdepartmental and intradepartmental system to identify and provide access to appropriate placement and treatment services for all children coming before the juvenile court or committed to the state's custody. (b) The Department of Human Resources, in cooperation with the Department of Education, Department of Labor, Department of Medical Assistance, Commission on Children and Youth, and Juvenile Justice Coordinating Council, shall designate pilot projects made up of one or more counties to test Page 1993 the feasibility and efficiency of a joint (intradepartmental and interdepartmental) assessment, evaluation, placement, and case management system for children coming before the juvenile court or placed in the custody of the state. (c) Joint assessment, evaluation, placement, and management shall: (1) Provide a single point of entry into state custody, through a central intake process after commitment to the state's custody; (2) Provide uniform and comprehensive assessments of all children entering the state's custody; (3) Remove administrative and legal barriers to services; (4) Identify gaps in services and resources; and (5) Develop an integrated management information system which includes case tracking, resource management, evaluation of cost effectiveness, and evaluation of the impact of service delivery on these children and their families. (d) At any time that a child alleged to be delinquent, unruly, dependent, or neglected is brought before the court and during the pendency of any proceeding, the court may request that an investigation and report of findings of the child's condition and recommendations to aid the court in its disposition of the child be made by a team of representatives from the Department of Human Resources, division of youth services, mental retardation and substance abuse, family and children services and the departments of education, labor and others as deemed necessary. The Department of Human Resources shall name the departments necessary for a proper team assessment of the child and shall convene the team. The team shall, through collaborative methods, conduct the investigation and make the report of findings and recommendations so as to present a multidisciplinary assessment of the child's condition and need. Page 1994 (e) If special education services are deemed necessary, then state and federal laws governing evaluation must be followed. A preliminary report from the team shall be filed with the court within ten days of the date of the court's request, with the final report of findings being made no later than 30 days from the date of the court's request. Nothing in this subsection shall preclude the court making any other referral for investigation or any order for examination, evaluation, or treatment as provided by law, and referrals to the team by the court shall be restricted to the child for whom other referrals or orders for investigation, examination, evaluation, or treatment are insufficient to render a satisfactory report of findings, except where a particular county and its team representatives are agreeable to less restrictive conditions for referrals. (f) If the court finds that the child is delinquent, dependent, neglected, or unruly and makes a disposition of commitment of custody to any department of state government and in the evidence presented in a hearing or a division finds there is need for the involvement of more than one department of state government to meet the child's needs, then the court may order that the child's case be managed by an interdepartmental case management team. (g) The Department of Human Resources shall name the departments or divisions necessary to the team according to the court's findings of the child's needs and shall convene the team. The team shall have authority to arrange services needed by the child as directed by the court, except if there is a finding that special education services are necessary. State and federal laws governing placement must be followed, as indicated in subsection (e) of this Code section. (h) If any department disagrees with or is unable to provide the services determined by the team as needing to be effected for the child, then appeal must be made within ten days following the team's final determination to a review committee made up of the commissioner or division director of the departments and divisions involved. The review committee shall review the appeal and make a finding, which shall be binding, within 15 days of receipt of the appeal. The interdepartment team may request the court's review of the child's case at any time the child's needs are believed no longer appropriate to the Page 1995 directives of the court and may at that time request relief from all or a part of the case management responsibilities. (i) Nothing in this subsection shall preclude the court from making any other disposition of the child as provided by law, and an order by the court for interdepartmental case management shall be restricted to the chld for whom other dispositions are insufficient to render a satisfactory arrangement of services for the child. (j) The team's placement of a child in a facility shall be subject to the laws otherwise governing the admission or commitment to such facility. Release from state custody shall follow all legal procedures mandated by the finding of neglect, dependency, unruliness, delinquency, or pursuant to Code Section 15-11-2 that was made when said child was placed in state custody. (k) The authority for these pilot projects shall continue until December 31, 1992, unless subsequent legislation determines otherwise. If, after December 31, 1992, there is no subsequent legislation modifying this subsection and the pilot projects cease, any child placed in state custody pursuant to these pilot projects shall be automatically placed in the custody of the department that has been designated by the team to manage that child's case. (l) This Code section shall not affect the authority of any law enforcement agency or the Department of Human Resources to take physical custody of children in an emergency in the pilot project areas. (m) The departments and entities specified in subsection (b) of this Code section shall conduct ongoing evaluations of the pilot projects required by that subsection and report along with each pilot project to the General Assembly on a quarterly basis, through December 31, 1992. The status of the pilot projects, including but not limited to the following: (1) The average cost of the services provided under the pilot programs; and Page 1996 (2) An overall statement of the progress of the pilot programs during the preceding year, along with recommendations for improvement. 49-5-204. (a) Decategorization of Funds: The General Assembly finds that: (1) Often children and families at risk receive services based on the category that has the most funding available rather than according to their actual service needs and that service gaps exist and `second choice' services are sometimes all that are available; (2) Decategorization is a system of delivering services based on client needs rather than through a multitude of programs and funding sources with different service definitions and client eligibility and to develop this system, separate categorical appropriations are combined into a child welfare fund; and (3) This fund is then used to support any service considered appropriate and necessary, regardless of the program-specific constraints that previously defined and controlled categorical service system, and decategorization of the system will involve changes in the current status of categorical fiscal management, funding limitations, service eligibility, and policies, and in improved case permanency planning for children. Both placement and nonplacement services should be developed to reduce gaps in the existing service network with the goal of developing a service delivery network that is more responsive to the needs of the community; and (b) Each county is authorized to apply to the Department of Human Resources to provide child welfare, protective services, and youth services through decategorized funding pilot projects whereby the current system of multiple funding and categorical eligibility for children, youth, and family services in the pilot counties will be combined into a single child welfare fund. Local planning for the use of this fund will not be restricted by the individual funding levels of the historical service categories in those counties approved by the department to be in the pilot project. Page 1997 (c) The department shall establish a single child welfare fund for each approved pilot project county composed of all or part of the amount that would otherwise be expected to be used for residents of that county for the following services: (1) Subsidized adoption; (2) Day care; (3) Local purchase of service; (4) Juvenile justice; (5) Juvenile detention; (6) Juvenile institutional care; (7) Mental health institutional care; (8) Direct department services; and (9) Foster care. (d) With the approval of the department, a pilot project county may also elect to transfer to the child welfare fund other child welfare funding provided for treatment services to youth under Title XX of the federal Social Security Act, including funding for psychiatric hospital services. No transfers of funds to the child welfare fund shall be authorized if such transfer would result in the loss of federal funds. (e) The amount ofdecategorization service funds for each pilot project county will be the aggregate amount of money that is expected to be used by that county for each of the targeted categorical services listed in subsection (c) of this Code section during the fiscal year. (f) Savings obtained through the use of less restrictive and less costly services in a pilot project county may be redirected toward the development of alternative services that are responsive to the needs of children and families. Page 1998 (g) Each pilot county will identify and address present and projected service needs in that county. Local planning shall occur to enhance or alter traditionally supported services to develop a service network more responsive to the needs of children and families with a reduced reliance on long-term, temporary child placement services. As needed, providers' capabilities may be enhanced through new payment methods and rates not allowable within traditional programs to support these services. (h) The plan for the child welfare fund shall be flexible enough to meet the immediate needs of children and their families. Funds may be set aside for services such as emergency shelter, food, transportation, and other unavailable resources that enhance the family's ability to meet the needs of the child in the home. In addition, the funds may be utilized to support administrative costs, training, and supplies needed by the pilot project county to carry out the initiatives of this plan. (i) The written plan for a pilot project county shall reflect the joint planning and partnership of the local court, county, and department officials for the intended use of the child welfare fund. New or expanded services will be identified as well as the desired service outcome goals and measurements. A tracking and evaluation component will be incorporated into the plan to assess the adequacy of and impact on these services. (j) The Department of Human Resources and each pilot project shall report on a quarterly basis through December 31, 1992, to the General Assembly the progress of each pilot project. (k) Availability of funds to the child welfare fund shall be contingent upon and subject to those funds clearly identified and assigned to the respective county or multicounty district. No funds shall be placed in the fund that would have otherwise been budgeted within another county or counties. 49-5-205. (a) Strategic Planning: The General Assembly finds that: Page 1999 (1) The issues involving at-risk children, youth, and families are becoming increasingly complex and interrelated; (2) Pilot projects are needed in strategic integrated planning of services for at risk children, youth, and families to increase the ability of state and local governments to meet the needs of its at risk children, youth, and families; reduce the likelihood of fragmentation and duplication in services; simplify the existing planning mechanisms; optimize limited resources; and increase accountability. (b) The General Assembly directs the commissioner of the Department of Human Resources in conjunction with the Department of Community Affairs, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Juvenile Justice Coordinating Council, and the Commission on Children and Youth to designate one or more counties submitting a proposal for strategic integrated services planning pilot projects. Pilot projects shall report quarterly to the Department of Human Resources and the General Assembly through 1992. (c) Counties requesting designation as a pilot project shall be selected based upon the extent of documented commitment to, and capacity for, the coordination of public and private programs for at risk children, youth, and families operating within the county or counties. Any county designated as a pilot project county that has a commission on children and youth officially recognized by the Georgia Commission on Children and Youth shall require the pilot project to cooperate with the local commission on children and youth. (d) Any pilot project should be designed to: (1) Maximize local flexibility and give local agencies and governments most knowledgeable about service needs a significant role in shaping state-wide priorities; (2) Provide public and private intraagency and interagency planning, to reduce the likelihood of duplicative or Page 2000 fragmented services and maximize the benefits derived from each public dollar available for services; (3) Address services needs on a comprehensive basis, and provide the framework for focusing attention on the most critical unmet services needs; (4) Utilize accepted management techniques of establishing a vision, goals, and strategies by assigning clear responsibilities and maintaining ongoing feedback and by monitoring and accountability, allow public agencies to more rationally identify the most useful services delivery techniques; and (5) Examine the efficiency and effectiveness of public agencies purchasing services from private organizations. (e) To the degree possible the counties submitting proposals are urged to use the quality growth strategies partnership framework. The pilot projects are urged to utilize participative, consensus building approaches. The strategic integrated services planning for the counties' at risk children, youth, and family services shall include, but not be limited to, the following: (1) Analysis of the external organizational environment: identification of threats and opportunities; (2) Analysis of the internal organizational environment: identification of strengths and weaknesses; (3) Direction setting: specification of mission, goals, objectives; (4) Definition and selection of base and contingent plans; (5) Implementation and accountability processes; and (6) Performance evaluation: actual and expected. 49-5-206. (a) Experimental courts: The General Assembly finds that there is no general consensus on what is the best Page 2001 court structure to serve Georgia's at risk children, youth, and families. In order to determine what type of court structure will best serve Georgia's at risk children, youth, and families, pilot projects in one or more counties or circuits should be tested and evaluated. (b) The Georgia General Assembly urges the chief justice, the judicial council, the Council of Superior Court Judges, and the Council of Juvenile Court Judges to encourage the superior and juvenile court judges in each circuit to develop proposals designing, implementing, and evaluating a variety of creative procedural and structural approaches to the handling of juvenile and family related matters as follows: (1) If such approaches require local legislation then the local legislative delegations are urged to pass the required legislation and actively assist the judges in the implementation of the project; (2) The Institute of Government in conjunction with the Institute for Continuing Legal Education shall be utilized to evaluate the various models that are implemented; (3) Judges implementing proposals not requiring legislation shall inform the chief justice and the General Assembly and the pilot projects shall submit progress reports to the General Assembly on a quarterly basis until the end of the project period, December 31, 1992; and (4) Any such proposals for pilot projects may include, but not be limited to, the following: (A) Creation of a full-time state funded circuitwide juvenile court judgeship; (B) Creation of a full-time state funded juvenile court judgeship available to hear all custody matters on transfer from the superior court and to hear other family related cases in the superior court under the transfer provisions of the Constitution; Page 2002 (C) Creation of a specialized superior court judgeship having the primary responsibility to hear juvenile and domestic relations cases; (D) Creation of a specialized juvenile or family division of the superior court under the rule-making authority of the supreme court judges and referees serving shall be required to accept a long-term assignment to such division and receive specialized training; and (E) Initiation of an automated information system pilot project to integrate legal and social case information on children and their families' cases in the circuit. Such information systems shall be developed to ensure case continuity in handling families' cases by sharing information between courts while preserving traditional jurisdictional differences. (5) None of the pilot projects shall change the method of selecting the juvenile judge. 49-5-207. (a) Employee involvement/participative management: The General Assembly finds that employee involvement/participative management approaches have been proven in private business and various state governments to increase morale, quality of work life, accountability and effectiveness, and reduce employee turnover and errors. (b) Participative management and employee involvement approaches range from basic information sharing and feedback to quality circles and semi-autonomous work teams. Specifically, quality circles are small groups of people who do similar or connected work and who meet regularly usually an hour a week, to identify, analyze, and solve work-process problems; and typically circles are six to 12 employees led by a first line supervisor as a facilitator. The circles choose their own problems to work on and approach those problems in a structured problem-solving process and resulting recommendations are usually presented to the next level supervisor. (c) The General Assembly directs the Department of Human Resources divisions of family and children services, youth services, and mental health/mental retardation and substance Page 2003 abuse to designate one or more counties, who apply, as pilot participative management projects designed to reduce worker turnover, errors, and increase accountability, effectiveness, and morale. These pilot programs shall include at a minimum one or more quality circles or other employee involvement techniques such as semi-autonomous work groups, and shall report to the Department of Human Resources and the General Assembly on a quarterly basis until December 31, 1992. (d) The divisions and the pilot projects are directed to utilize technical assistance from any state agency operating quality circles or employee involvement efforts; and/or the productivity centers at Georgia Institute of Technology and Georgia State University; and/or experienced participative management experts. 49-5-208. (a) Comprehensive Reform: To test the combined impact and effectiveness of the pilot projects designated in Code Section 49-5-201 through 49-5-206, the Department of Human Resources in conjunction with the Commission on Children and Youth and the Juvenile Justice Coordinating Council shall designate one or more of the counties applying, as pilot projects in comprehensive children, youth, and family services reform. (b) The pilot projects shall consist of the implementing of the pilot projects as stated in Code Sections 49-5-201 through 49-5-206 and this Code section. The pilot projects designated and the department shall report to the General Assembly quarterly through December 31, 1992. 49-5-209. (a) Conflict with federal or General Assembly appropriations: The General Assembly instructs that all efforts undertaken to accomplish the intent of this article by the aforementioned departments shall be performed so as not to cause any department to violate in any way the letter or intent of any `General Appropriations Act.' Furthermore, each department shall be required to receive the approval of the Office of Planning and Budget and the Legislative Budget Office for any budget action taken to accomplish the actions encouraged and made possible by this article. Page 2004 (b) Two or more counties or the counties of a judicial circuit may join together to apply for any of the pilot projects and, for each class of pilot projects, up to three projects may be designated. (c) It is the intent of this article that the funding for evaluations shall come from sources outside the departments operating these pilot projects. Section 2 . This Act shall be automatically repealed January 1, 1993. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. DRUG-FREE PUBLIC WORK FORCE ACT OF 1990. Code Title 45, Chapter 23 Enacted. No. 1436 (Senate Bill No. 500). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to enact the Drug-free Public Work Force Act of 1990; to provide for the suspension and termination from public employment of public employees committing certain criminal offenses involving controlled substances, marijuana, and dangerous drugs; to provide a short title; to provide for legislative findings and intent; to provide for definitions; to provide for the ineligibility of certain offenders for public employment; to provide an exemption; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 2005 Section 1 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end a new Chapter 23 to read as follows: CHAPTER 23 45-23-1. This chapter shall be known and may be cited as the `Drug-free Public Work Force Act of 1990.' 45-23-2. The General Assembly finds that the manufacture, distribution, sale, or possession of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, and possession of controlled substances, marijuana, and other dangerous drugs. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this chapter. 45-23-3. As used in this chapter, the term: (1) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term `controlled substance' in paragraph (4) of Code Section 16-13-21. (2) `Convicted' or `conviction' refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty. (3) `Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71. (4) `Marijuana' means any substance described in paragraph (16) of Code Section 16-13-21. Page 2006 (5) `Public employee' means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the State Merit System of Personnel Administration. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (6) `Public employer' means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the State Merit System of Personnel Administration or any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof. (7) `Public employment' means employment by any public employer. 45-23-4. (a) Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees in the classified service of the state merit system; or (2) the public employer having management and control of the employee in the case of other public employees. (b) Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be terminated Page 2007 from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction. 45-23-5. (a) Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of three months from the date of conviction. (b) Any person who has been convicted two or more times, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of five years from the most recent date of conviction. 45-23-6. The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug. 45-23-7. On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by (1) the State Personnel Board in the case of employees in the classified service of the state merit system or (2) the public employer having management and control of the employee in the case of other public employees, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee Page 2008 shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be available to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug. 45-23-8. Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for the classified service of the state merit system and by other public employers for other public employees under their management and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution. 45-23-9. This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. Page 2009 OCCUPATIONAL LICENSESSUSPENSION OR REVOCATION FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA. Code Sections 16-13-110 through 16-13-114 Enacted. No. 1437 (Senate Bill No. 503). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, so as to provide licensing sanctions for certain licensed individuals who are convicted of certain offenses involving controlled substances or marijuana; to provide for notification procedures; to provide for sanctions; to provide for reinstatement under certain conditions; to provide for administrative procedures; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving controlled substances, is amended by adding at its end a new Article 5 to read as follows: ARTICLE 5 16-13-110. (a) As used in this article, the term: (1) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term `controlled substance' in paragraph (4) of Code Section 16-13-21. (2) `Convicted' or `conviction' refers to a final conviction in a court of competent jurisdiction, or the acceptance of a plea of guilty or nolo contendere or affording of first offender treatment by a court of competent jurisdiction. Page 2010 (3) `Licensed individual' means any individual to whom any department, agency, board, bureau, or other entity of state government has issued any license, permit, registration, certification, or other authorization to conduct a licensed occupation. (4) `Licensed occupation' means any occupation, profession, business, trade, or other commercial activity which requires for its lawful conduct the issuance to an individual of any license, permit, registration, certification, or other authorization by any department, agency, board, bureau, or other entity of state government. (5) `Licensing authority' means any department, agency, board, bureau, or other entity of state government which issues to individuals any license, permit, registration, certification, or other authorization to conduct a licensed occupation. (6) `Marijuana' means any substance included in the definition of the term `marijuana' in paragraph (16) of Code Section 16-13-21. (b) Without limiting the generality of the provisions of subsection (a) of this Code section, the practice of law shall constitute a licensed occupation for purposes of this article and the Supreme Court of Georgia shall be the licensing authority for the practice of law. 16-13-111. (a) Any licensed individual who is convicted under the laws of this state, the United States, or any other state of any criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana shall notify the appropriate licensing authority of the conviction within ten days following the conviction. (b) Upon being notified of a conviction of a licensed individual, the appropriate licensing authority shall suspend or revoke the license, permit, registration, certification, or other authorization to conduct a licensed occupation of such individual as follows: Page 2011 (1) Upon the first conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation suspended for a period of not less than three months; provided, however, that in the case of a first conviction for a misdemeanor the licensing authority shall be authorized to impose a lesser sanction or no sanction upon the licensed individual; and (2) Upon the second or subsequent conviction, the licensed individual shall have his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation revoked. (c) The failure of a licensed individual to notify the appropriate licensing authority of a conviction as required in subsection (a) of this Code section shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation. (d) A licensed individual sanctioned under subsection (b) or (c) of this Code section may be entitled to reinstatement of his or her license, permit, registration, certification, or other authorization to conduct a licensed occupation upon successful completion of a drug abuse treatment and education program approved by the licensing authority. (e) The suspension and revocation sanctions prescribed in this Code section are intended as minimum sanctions, and nothing in this Code section shall be construed to prohibit any licensing authority from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana. 16-13-112. Administrative procedures for the implementation of this article for each licensed occupation shall be governed by the appropriate provisions applicable to each licensing authority. 16-13-113. The provisions of this article shall be supplemental to and shall not operate to prohibit any licensing Page 2012 authority from acting pursuant to those provisions of law which may now or hereafter authorize other sanctions and actions for that particular licensing authority. 16-13-114. This article shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any licensing authority from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. FIREARM LICENSESPERSONS CONVICTED OF DRUG OFFENSES. Code Section 16-11-129 Amended. No. 1438 (Senate Bill No. 512). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers, so as to exclude persons convicted of an offense involving illegal drugs from eligibility to receive or hold such licenses; 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 . Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols and revolvers, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: Page 2013 (b) No license shall be granted to: (1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11-126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a forcible felony and has not been free of all restraint or supervision in connection therewith for at least ten years or any person who has been convicted of a forcible misdemeanor or a nonforcible felony and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license; or (5) (A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, Page 2014 distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term: (i) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) `Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) `Dangerous drug' means any drug defined as such in Code Section 16-13-71. 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 16, 1990. Page 2015 ELECTIONSMANDATORY DRUG TESTING OF CANDIDATES FOR CERTAIN STATE OFFICES. Code Section 21-2-140 Enacted. No. 1439 (Senate Bill No. 545). AN ACT To amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, so as to provide for mandatory drug testing for candidates seeking to qualify for nomination or election to certain state offices; to provide for definitions; to provide for certification of such testing as a condition of qualification for nomination or election to state office; to provide for payment of testing costs; to provide for filing, maintenance, and inspection of such certifications; to provide for powers, duties, and authority of the Secretary of State and the commissioner of human resources with respect to the foregoing; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding the selection and qualification of candidates, is amended by adding at the end thereof a new Code section providing for mandatory drug testing of persons seeking to qualify for nomination or election to state office, to be designated Code Section 21-2-140, to read as follows: 21-2-140. (a) As used in this Code section, the term: (1) `Candidate' means any person seeking to qualify for nomination or election to a state office in this state. (2) `Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Page 2016 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources. (3) `Illegal drug' means marijuana or any controlled substance included in Schedule I or II of Code Section 16-13-25 or 16-13-26 but not when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) `State office' includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Service Commission. (b) Each candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification be required to certify that such candidate has tested negative for illegal drugs. (c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stating that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $25.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification. Page 2017 (d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate qualifies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years. (e) The commissioner of human resources shall be authorized to establish guidelines governing the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds one to three blind test samples per shift to its testing program according to the number of tests run in each shift as determined by the laboratory. (f) The commissioner of human resources and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions 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 16, 1990. Page 2018 FINES AND FORFEITURESADDITIONAL PENALTIES FOR CERTAIN DRUG RELATED CRIMES. Code Title 15, Chapter 21, Article 6 Enacted. No. 1440 (House Bill No. 1139). 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 authorize the imposition, assessment, and collection of additional penalties when fines are imposed for certain criminal offenses; to provide for legislative construction; to require such additional amounts to be paid into a special county account and be used for drug abuse treatment and education programs; to authorize additional appropriations and expenditures; 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 a new article to read as follows: ARTICLE 6 15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. (b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia. Page 2019 15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be 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 upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the `County Drug Abuse Treatment and Education Fund.' (b) Moneys collected pursuant to this article and placed in the `County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana. 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 drug abuse treatment or education programs. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. PUBLIC RETIREMENT SYSTEMSFORFEITURE OF RIGHTS AND BENEFITS FOR DRUG RELATED CRIME. Code Section 47-1-20 Amended. Code Section 47-1-22.1 Enacted. No. 1441 (House Bill No. 1145). AN ACT To amend Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public Page 2020 retirement or pension systems for public employees convictedof of certain crimes, so as to provide for additional crimes; to provide for definitions; to provide that such additional crimes shall apply only to public employees entering service after a certain date; to provide restrictions and prohibitions relative to public employees convicted of such additional crimes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to restrictions and prohibitions on membership in and the right to benefits under public retirement or pension systems for public employees convicted of certain crimes, is amended by adding in Code Section 47-1-20, relating to definitions, immediately following paragraph (1) and immediately following paragraph (7), new paragraphs (1.1) and (8) to read, respectively, as follows: (1.1) `Drug related crime' means a felony specified in subsection (b) of Code Section 16-13-30 and any felony specified in Code Section 16-13-31. (8) `Vested' means having sufficient creditable service as a member of a public retirement system to qualify to receive a retirement benefit upon retirement or termination from public service or upon attaining retirement age if public service is terminated prior to attaining such age. Section 2 . Said article is further amended by adding immediately following Code Section 47-1-22 a new Code Section 47-1-22.1 to read as follows: 47-1-22.1. (a) Except as otherwise provided in this subsection, this Code section shall not apply to any public employee in service on July 1, 1990, and shall apply only to those public employees entering public service after July 1, 1990. A public employee in service on July 1, 1990, who ceases to be a public employee and terminates his or her membership in a public retirement system after that date and who subsequently again becomes a public employee shall be subject to the Page 2021 provisions of this Code section, beginning with the date of such subsequent employment. Any person who was a public employee prior to July 1, 1990, and who ceased to be a public employee and terminated his or her membership in a public retirement system prior to that date shall be subject to the provisions of this Code section if such person again becomes a public employee after July 1, 1990, beginning with the date of such subsequent employment. (b) If a public employee who is not vested under a public retirement system commits a drug related crime and is convicted for the commission of such crime, such public employee shall forfeit all rights and benefits under and membership in the public retirement system in which the employee is not a vested member, effective on the date of final conviction. Any such public employee shall not at any time after such final conviction be eligible for membership in any public retirement system. Any employee contributions made by any such public employee to any public retirement system in which the employee is not a vested member shall be reimbursed, without interest, to the public employee within 60 days after the date of final conviction for the commission of the drug related crime. (c) If a public employee who is vested under a public retirement system commits a drug related crime, such employee's active membership in any public retirement system shall terminate on the date of final conviction and such employee shall not at any time thereafter be eligible for active membership in any public retirement system. For any such public employee, the right to any benefit or any other right under any public retirement system in which the employee is a vested member shall be determined as of the date of final conviction. (d) The provisions of Code Section 47-1-23 shall apply to a public employee charged with the commission of a drug related crime in the same manner that they apply to a public Page 2022 employee charged with the commission of a public employment related crime. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. PUBLIC SERVICE COMMISSIONAUTHORITY TO STOP AND INSPECT. Code Sections 46-7-28, 46-7-70, and 46-7-101 Amended. No. 1442 (House Bill No. 1151). AN ACT To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide that in addition and incidental to the powers of enforcement personnel of the Public Service Commission to inspect motor common carriers, motor contract carriers, and private carriers and to determine if such motor carriers are complying with certain laws, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of certain drug laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by striking in its entirety subsection (b) of Code Section 46-7-28, relating to the employment and compensation of enforcement personnel of the Public Service Commission with respect to the regulation of motor common carriers, and inserting in lieu thereof a new subsection (b) to read as follows: Page 2023 (b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common carriers, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor contract carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act.' Section 2 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 46-7-70, relating to the employment and compensation of enforcement personnel of the Public Service Commission with respect to the regulation of motor contract carriers, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways and determine whether such vehicles have complied and are complying with this article and all other laws regulating the use of the public highways by motor vehicle contract carriers, and to arrest all persons found in violation of this article. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor contract carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act.' Page 2024 Section 3 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 46-7-101, relating to private carrier vehicle safety inspections, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental to the powers of enforcement personnel to inspect such motor vehicles of private carriers and to determine whether such vehicles are complying with safety requirements, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act.' Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. GEORGIA RESIDENTIAL FINANCE AUTHORITYPERSONS CONVICTED OF DRUG CRIMES. Code Section 8-3-176.1 Enacted. No. 1443 (House Bill No. 1159). AN ACT To amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, so as to exclude persons convicted of certain illegal drug activity from participation in the single-family home purchase program financed by the Georgia Residential Finance Authority; to provide for certain definitions; to provide exceptions; to provide that the authority shall not be required to Page 2025 take certain 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 . Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, is amended by adding between Code Sections 8-3-176 and 8-3-177 a new Code Section 8-3-176.1 to read as follows: 8-3-176.1. (a) As used in this Code section, the term: (1) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of a controlled substance in paragraph (4) of Code Section 16-13-21. Such term shall also include marijuana as it is defined in paragraph (16) of Code Section 16-13-21. (2) `Convicted' means a plea of guilty or a finding of guilty by a court of competent jurisdiction, irrespective of the pendency or availability of an appeal or an application for collateral relief. (3) `Dangerous drug' means any drug defined as such in Code Section 16-13-71. (b) No person is eligible to participate in the home loan program financed with the proceeds of qualified mortgage bonds issued by the authority on or after July 1, 1990, if the loan applicant has been convicted, after the effective date of this Code section, under the laws of this state, under the laws of any of the United States, or under the laws of any of the other states or jurisdictions of the United States, of an offense arising out of the unlawful manufacture, distribution, sale, possession, or use of a controlled substance or other dangerous drug; provided, however, that the provisions of this subsection shall not apply in the case of a conviction in which a person does not lose his civil rights or to a person who has had his civil rights restored prior to the time application is made for a loan. Page 2026 (c) Notwithstanding the provisions of subsection (b) of this Code section, the authority shall not be required to verify or make any independent investigation as to whether an applicant for a home loan financed with proceeds of qualified mortgage bonds issued by the authority on or after July 1, 1990, has been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section nor, though it shall not be precluded, shall it be required to foreclose upon such a loan upon later learning that an individual had been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section prior to application. Any misrepresentation by such an applicant relating to whether the applicant had been convicted of one of the proscribed offenses enumerated in subsection (b) of this Code section shall not affect n adversely the interests and rights of the holder or holders of such qualified mortgage bonds. Section 2 . This Act shall become effective on July 1, 1990. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. GEORGIA DEVELOPMENT AUTHORITYPERSONS CONVICTED OF ILLEGAL DRUG ACTIVITIES EXCLUDED FROM PROGRAMS. Code Section 50-10-4 Amended. No. 1444 (House Bill No. 1160). AN ACT To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to exclude persons convicted of certain illegal drug activity from participation in programs financed or administered by the Page 2027 authority; to provide for definitions; to provide exceptions; to provide that the authority shall not be required to take certain actions; 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 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by adding at the end of Code Section 50-10-4 a new subsection (c) to read as follows: (c) (1) As used in this subsection, the term: (A) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. Such term shall also include marijuana as it is defined in paragraph (16) of Code Section 16-13-21. (B) `Convicted' means a plea of guilty or a finding of guilty by a court of competent jurisdiction, irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) `Person' means a natural person, a corporation which has a convicted person as an officer or member of the board of directors, or a partnership or association which includes a convicted person as a member. (2) (A) The Georgia Development Authority shall not provide, secure, or guarantee a loan to any person who, at the time such loan is provided, secured, or guaranteed, has been convicted, after the effective date of this subsection, under the laws of this state, under the laws of the United States, or under the laws of any of the other states or jurisdictions of the United States, of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance; provided, however, that the provisions of this Page 2028 paragraph shall not apply in the case of a conviction in which a person does not lose his civil rights or to a person who has had his civil rights restored prior to the time such loan is provided, secured, or guaranteed. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the authority shall not be required to verify or make any independent investigation as to whether an applicant for a loan on or after July 1, 1990, has been convicted of one of the proscribed offenses enumerated in subparagraph (A) of this paragraph nor, though it shall not be precluded, shall it be required to foreclose upon such a loan upon later learning that an individual had been convicted of one of the proscribed offenses enumerated in subparagraph (A) of this paragraph prior to 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 April 16, 1990. PUBLIC OFFICERS AND EMPLOYEESDRUG TESTING OF STATE EMPLOYEES. Code Title 45, Chapter 20, Article 5 Enacted. No. 1445 (House Bill No. 1171). AN ACT To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain random drug testing of certain state employees; to provide for definitions; to provide which employees shall be subject Page 2029 to such testing; to provide for exclusion of certain employees; to provide for powers, duties, and authority of certain state agency or department heads with respect to the foregoing; to provide for powers, duties, and authority of the State Personnel Board and the commissioner of personnel administration with respect to the foregoing; to provide for the effect of positive test results; to provide for the effect of refusal to provide certain body fluids; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new article at the end thereof describing random drug testing, to be designated Article 5, to read as follows: ARTICLE 5 45-20-90. As used in this article, the term: (1) `Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority and shall include all such certified employees whether or not such certified employees are covered by the rules and regulations of the State Personnel Board. `Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency. (2) `Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources. Page 2030 (3) `High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. (4) `Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term `illegal drug' shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law. 45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. With regard to positions covered under the classified service of the State Merit System of Personnel Administration, the department head shall consult with the commissioner of personnel administration before making such determination and shall notify the commissioner of any such determination. 45-20-92. (a) For employees in the classified service of the State Merit System of Personnel Administration, the State Personnel Board shall adopt rules to establish: (1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; Page 2031 (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information; and (6) The identification of those persons entitled to the information and shall adopt such other rules as it may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the commissioner of personnel administration such authority as appropriate to carry out the purposes of this article. (b) For all other employees, the department or agency head shall adopt policies to establish: (1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; Page 2034 recognized by, or using the facilities of those educational institutions or facilities which comprise the University System of Georgia, to encourage and enforce compliance with state law on the part of their members, guests, or others attending or participating in their functions and affairs, social or otherwise, by not permitting the sale, distribution, serving, possession, consumption, or use of such marijuana, controlled substances, or dangerous drugs at such functions and affairs in violation of state law. 20-3-92. As used in this chapter, the term: (1) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (2) `Dangerous drug' means any drug defined as such under Code Section 16-13-71. (3) `Marijuana' shall have the same meaning as such term is defined in paragraph (16) of Code Section 16-13-21. (4) `Student' means any person who is enrolled as a student in courses for academic credit on a full-time, part-time, temporary, or intermittent basis in any college, university, institution of higher education, or facility which is a unit or member institution of the University System of Georgia. (5) `Student organization' means any organized group or body of students, social, academic, political, or otherwise, which is affiliated with or primarily composed of students enrolled in any university system institution or facility. The term shall include any and all societies, clubs, fraternities, sororities, academic disciplinary groups, or other student entities which operate on the campus of, or which is recognized as a student organization by, any college, university, or other educational institution or facility of the University System of Georgia. (6) `University system' refers to that system of colleges, universities, and educational institutions which is Page 2035 governed, managed, controlled, and operated by the Board of Regents of the University System of Georgia, a department and an agency of the executive branch of state government of the State of Georgia under Article VIII, Section IV, Paragraph I of the Constitution. 20-3-93. Notwithstanding any law to the contrary, any student organization functioning in conjunction with, incidental to, or at any university system institution, which through its officers, agents, or responsible members knowingly permits or authorizes the sale, distribution, serving, possession, consumption, or use of marijuana, a controlled substance, or dangerous drug at any affair, function, or activity of that student organization, social or otherwise, when such sale, distribution, serving, possession, consumption, or use is not in compliance with the laws of this state shall have its recognition as a student organization withdrawn, shall be expelled from campus for a minimum of a calendar year from the year of determination of guilt, and shall be prohibited from the use of all property and facilities of the university system institution with which it is affiliated or at which it operates, with any and all leasing, possession, or use agreements respecting the student organization's use of institutional property to be terminated by operation of law for any such knowing, permission, or authorization of the unlawful actions defined in this Code section, subject to the administrative review and hearing procedures set forth in this Code section. 20-3-94. Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under management and control by the Board of Regents of the University System of Georgia. Such procedures shall include those elements of due process of law required by the Constitution of the State of Georgia and the United States Constitution. 20-3-95. A student organization may appeal any adverse institutional level action by the president or his delegate to the Board of Regents of the University System of Georgia in accordance with applicable portions of the bylaws of the board of regents, or, pursuant to such other discretionary or mandatory review procedures as the board may in the future make available. An appeal by a student organization to the board of Page 2036 regents shall not defer the effective date of the adverse action against it pending the board's review unless the board so directs. Any such stay of suspension or expulsion by direction of the board of regents shall expire as of the date of the board's final decision on the matter. 20-3-96. Any student organization which is adversely affected by a decision or action under this part may appeal a final decision of the Board of Regents of the University System of Georgia to the superior court of the county wherein the university system institution is situated, or to the Superior Court of Fulton County, within 20 days after the student organization has been either personally served or mailed a copy of the board of regents' final decision. If the decision is mailed, the time for appeal shall begin on the date mailed; however, an extra three days shall be added to the time for appeal. If there is any evidence in the record to support the decision of the board of regents with regard to the administrative findings of fact, those findings must be upheld by the superior court. Except as provided in this part appeals to the superior court shall be governed by the `Georgia Administrative Procedure Act,' as amended. 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 16, 1990. Page 2037 DRUG-FREE POSTSECONDARY EDUCATION ACT OF 1990. Code Sections 20-1-20 through 20-1-27 Enacted. No. 1447 (House Bill No. 1231). AN ACT To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to enact the Drug-free Postsecondary Education Act of 1990; to provide for the suspension from postsecondary public educational institutions of students committing certain felony offenses involving marijuana, controlled substances, or dangerous drugs; to provide a short title; to provide for the denial of state funds to students of postsecondary nonpublic educational institutions who commit certain felony offenses involving marijuana, controlled substances, or dangerous drugs; to provide for legislative findings and intent; to provide for definitions; to provide for forfeiture of academic credits; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, is amended by designating the existing text of Chapter 1 as Article 1 of Chapter 1 and by adding thereafter a new Article 2 of Chapter 1 to read as follows: ARTICLE 2 20-1-20. This article shall be known and may be cited as the `Drug-free Postsecondary Education Act of 1990.' 20-1-21. The General Assembly finds that the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare and to the academic achievement of students enrolled in the public and nonpublic colleges, universities, and postsecondary technical Page 2038 institutes of this state. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, possession, and use of marijuana, controlled substances, and dangerous drugs. With this purpose in mind, the General Assembly declares that the public and nonpublic colleges, universities, and postsecondary technical institutes in this state must be absolutely free of any person who would knowingly manufacture, distribute, sell, possess, or use marijuana, a controlled substance, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this article. 20-1-22. As used in this article, the term: (1) `Authority' means the Georgia Student Finance Authority created pursuant to Code Section 20-3-313. (2) `Controlled substance' means any drug, substance, or immediate precursor included in the definition of the term `controlled substance' in paragraph (4) of Code Section 16-13-21. (3) `Convicted' or `conviction' refers to a plea of guilty, a finding of guilty by a court of competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first offender treatment by a court of competent jurisdiction, irrespective of the pendency or availability of any appeal or application for collateral relief. (4) `Dangerous drug' means any drug or substance defined as such under Code Section 16-13-71. (5) `Date of conviction' means the date that the trial court determines guilt and enters judgment thereon or the date on which the court accepts a plea of nolo contendere or formally allows a person to receive first offender treatment. (6) `Marijuana' shall have the same meaning as such term is defined in paragraph (16) of Code Section 16-13-21. Page 2039 (7) `Nonpublic educational institution' means any postsecondary educational institution not established, operated, or governed by the State of Georgia. (8) `Public educational institution' means: (A) Any two-year college, college, university, or other institution of higher learning under the management and control of the Board of Regents of the University System of Georgia; and (B) Any postsecondary technical school under the management and control of the State Board of Technical and Adult Education. (9) `Student' means any person who is enrolled as a student in courses for academic credit a full-time, part-time, temporary, or intermittent basis in any public or nonpublic educational institution. 20-1-23. Any student of a public educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be suspended from the public educational institution in which such person is enrolled. Except for cases in which the institution has previously taken disciplinary action against a student for the same offense, such suspension shall be effective as of the date of conviction, even though the educational institution may not complete all administrative actions necessary to implement such suspension until a later date. Except for cases in which the institution has already imposed disciplinary sanctions for the same offense, such suspension shall continue through the end of the term, quarter, semester, or other similar period for which the student was enrolled as of the date of conviction. The student shall forfeit any right to any academic credit otherwise earned or earnable for such term, quarter, semester, or other similar period; and the educational institution shall subsequently revoke any such academic credit which is granted prior to the completion of administrative actions necessary to implement such suspension. Page 2040 20-1-24. (a) Any student of a nonpublic educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be denied state funds for any loans, grants, or scholarships administered under the authority of Part 3 of Article 7 of Chapter 3 of this title, the `Georgia Student Finance Authority Act,' or similar loans, grants, or scholarships, including but not limited to Georgia Higher Education Loan Program loans, student incentive grants, or tuition equalization grants. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article. (b) Such denial of state funds shall be effective as of the first day of the term, quarter, semester, or other similar period for which the student was enrolled immediately following the date of conviction or the date on which the court accepts a plea of nolo contendere or formally allows a student to receive first offender treatment and shall continue through the end of such term, quarter, semester, or other similar period for which the student was enrolled. Any nonpublic educational institution operating within this state that receives state funds shall agree to comply with this article in order to be eligible for its students to receive state funds through scholarships, grants, or loan programs. 20-1-25. The suspension sanctions and sanctions involving denial of state funds as prescribed in this article are intended as minimum sanctions, and nothing in this article shall be construed to prohibit any educational institution from establishing and implementing additional or more stringent sanctions for felony offenses and other conduct involving the unlawful manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug. 20-1-26. Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under their respective management and control by the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education or the individual Page 2041 nonpublic educational institutions. Such procedures shall provide for relief from sanctions previously imposed under this article against a person whose conviction is subsequently overturned on appeal or through collateral relief. 20-1-27. This article shall apply only with respect to felony offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any educational institution from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. REVENUE AND TAXATIONASSESSMENT OF TAXES ON ILLEGAL DRUGS. Code Section 48-2-51 Amended. No. 1448 (House Bill No. 1252). AN ACT To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for jeopardy assessments in certain cases involving the possession, sale, or distribution of certain illegal drugs; to provide for procedures; to provide for powers and duties of the state revenue commissioner; to provide for certain presumptions; to provide for certain statements or certificates; 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: Page 2042 Section 1 . Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, is amended by striking Code Section 48-2-51, relating to jeopardy assessments, and inserting in its place a new Code Section 48-2-51 to read as follows: 48-2-51. (a) If the commissioner reasonably finds that a taxpayer gives evidence of intention to leave the state, to remove his property from the state, to conceal himself or his property, to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any state tax, whereby it becomes advisable that such proceedings be brought without delay, the commissioner shall declare the taxable period for such taxpayer terminated forthwith and shall give notice of such finding and demand immediate payment of such tax as may be due. The commissioner may immediately make an arbitrary assessment and may proceed under the assessment to collect the tax or require the taxpayer to file with him a bond satisfactory to the commissioner as security for payment of the tax. (b) (1) As used in this subsection, the term `illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; or a dangerous drug as defined in Code Section 16-13-71, as amended. The term illegal drug shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state of federal law. (2) When an assessment for taxes based upon the possession, sale, or distribution of an illegal drug is made by the commissioner, such assessment shall be considered a jeopardy assessment for collection as provided in this Code section. The commissioner shall assess such tax and applicable penalties based on personal knowledge or information available to the commissioner; mail to the taxpayer at the taxpayer's last known address or serve in person a written notice of the amount of tax and penalty; demand its immediate payment; and, if payment is not immediately Page 2043 made, collect the tax and penalty by any method prescribed in this chapter. (3) The tax and penalties assessed by the commissioner are presumed to be valid and correctly determined and assessed. With respect to any administrative or civil proceedings regarding the assessment or collection under this subsection of any taxes, interest, or penalties imposed by this title, the burden shall be upon the taxpayer to show their incorrectness or invalidity. Any statement filed by the commissioner with the court, or any other certificate by the commissioner of the amount of tax and penalties determined or assessed, shall be admissible in evidence and shall be prima-facie evidence of the facts contained in such statement or certificate. 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 16, 1990. EDUCATIONCOURSE OF STUDY OF ALCOHOL AND DRUG ABUSE. Code Section 20-2-44 Enacted. No. 1449 (House Bill No. 1261). AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide that each local board of education shall prescribe a course of study of alcohol and other drug use; to authorize such local Page 2044 boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide for certain standards; to provide that the State Board of Education shall prescribe a minimum course of study of alcohol and other drug use and shall establish standards for its administration; to provide for certain topics of instruction; to provide for withholding of state funds for noncompliance; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, is amended by adding immediately following Code Section 20-2-143 a new Code Section 20-2-144 to read as follows: 20-2-144. (a) Each local board of education shall prescribe mandatory instruction concerning alcohol and other drug use in every year in every grade from kindergarten through grade 12 as shall be determined by the State Board of Education. Such course of study shall implement the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education may supplement the exact approach of content areas of such minimum course of study with such curriculum standards as it may deem appropriate. Such standards shall include instruction which discourages the use of alcohol, tobacco, and controlled substances and communicates that the use of illicit drugs and improper use of legally obtained drugs is wrong and dangerous. (b) The State Board of Education shall prescribe a minimum course of study of alcohol and other drug use which may be included as a part of a course of study in comprehensive health education where offered and where appropriate. Instruction also shall be integrated into other curriculum requirements as determined by the State Board of Education. The course shall be age appropriate, shall be sequential in method of study, and shall include the following elements where appropriate in the instruction: Page 2045 (1) Detailed, factual information regarding physiological, psychological, sociological, and legal aspects of substance abuse; (2) Detailed information concerning the availability of help and assistance for persons with chemical dependency problems; (3) Skills needed to evaluate advertisements for, and media portrayals of, tobacco, and controlled substances; and (4) Detailed instruction on the need for, and role of, lawful authority and law-abiding behavior, which instruction may include interacting and working with members of the legal and justice professions. (c) A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, the Department of Public Safety, and such expert advisers as they may choose. (d) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1990. Each local board shall implement either such minimum course of study or its equivalent not later than December 31, 1990. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented. Page 2046 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 16, 1990. APPLICANTS FOR STATE EMPLOYMENTDRUG TESTING. Code Title 45, Chapter 20, Article 5 Enacted. No. 1450 (House Bill No. 1263). AN ACT To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide for certain drug testing of any applicant for state employment; to provide for definitions; to provide for disqualification from certain employment for certain applicants who refuse to submit to certain drug testing or who show positive results from such testing; to provide for the duration of such disqualification; to authorize certain boards of education to require applicants to pay for the cost of such drug testing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by adding a new article at the end thereof describing drug testing for state employment, to be designated Article 5, to read as follows: Page 2047 ARTICLE 5 45-20-90. As used in this article, the term: (1) `Applicant' means any candidate for public employment with a state agency, department, commission, bureau, board, or authority. The term `applicant' also means any candidate for employment with any agency covered under the State Merit System of Personnel Administration or any public school system including, but not limited to, primary, secondary, or postsecondary institutions operated by local or independent boards of education that receive funds from this state or any agency thereof. (2) `Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources. (3) `Illegal drug' means marijuana as defined in paragraph (16) of Code Section 16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-13-71, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term illegal drug shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. 45-20-91. Any applicant for state employment who refuses to submit to an established test for the use of illegal drugs or who shows a positive result from such test shall be disqualified from employment by the state or any public school system. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board shall provide by rule and regulation for the administration of the test and any verification procedure. The results of such tests as to Page 2048 person deemed disqualified as a result shall be confidential and shall not be a public record. 45-20-92. The board of education of any county or independent school system may require that an applicant for employment with such school system pay for the cost of the established drug test. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. MOTOR VEHICLES AND TRAFFIC. Code Title 40 Amended. Code Title 33, Chapter 34 Amended. Code Section 16-7-29 Repealed. Code Section 48-5-451 Amended. No. 1451 (House Bill No. 1360). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to exhaustively and comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, and the uniform rules of the road; to particularly change provisions relative to issuance, suspension, revocation, and reinstatement of drivers' licenses; to provide for definitions; to change requirements and provisions relative to notice, records, fees, and penalties; to repeal certain provisions of Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the Georgia Motor Vehicle Accident Reparations Act and to incorporate such provisions in Title 40; to amend Code Section 48-5-451 of the Official Code of Georgia Annotated, relating to the penalty for failure to pay the ad valorem tax on a motor vehicle, so as to specify the time for imposition of such Page 2049 penalty; to correct typographical, grammatical, stylistic, and punctuation errors and omissions; to redesignate certain provisions; to correct cross-references; to provide for all related matters; to provide for applicability; 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 striking Chapter 1 of said title, relating to general provisions relative to motor vehicles and traffic, in its entirety and inserting in lieu thereof a new Chapter 1 to read as follows: CHAPTER 1 ARTICLE 1 40-1-1. As used in this title, the term: (1) `Alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (2) `Alley' means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (3) `All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control. (4) `Arterial street' means any U.S. or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways. (5) `Authorized emergency vehicle' means a motor vehicle belonging to a public utility corporation and designated as an emergency vehicle by the Department of Public Page 2050 Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer fireman or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose. (6) `Bicycle' means every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter. (7) `Bus' means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (8) `Business district' means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. (9) `Controlled-access highway' means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (10) `Crosswalk' means: (A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; Page 2051 (B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (11) `Dealer' means a person engaged in the business of buying, selling, or exchanging vehicles who has an established place of business in this state. (12) `Demonstrator' means any motor vehicle which has not been the subject of a sale at retail to the general public but which has been operated on the roads of this state in the course of a motor vehicle dealer's business. (13) `Divided highway' means a highway divided into two or more roadways by leaving an intervening space or by a physical barrier or by a clearly indicated dividing section so constructed as to impede vehicular traffic. (14) `Driver' means every person who drives or is in actual physical control of a vehicle. (15) `Driver's license' means any license to operate a motor vehicle issued under the laws of this state. (16) `Explosives' means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. (17) `Flammable liquid' means any liquid which has a flash point of 80 degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed-cup device. (18) `Gross weight' means the weight of a vehicle without load plus the weight of any load thereon. Page 2052 (19) `Highway' means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (20) `House trailer' means: (A) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, or living abode (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or (B) A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (21) `Implement of husbandry' means a vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. (22) (A) `Intersection' means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (B) Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two Page 2053 roadways of such highways shall be regarded as a separate intersection. (C) The junction of an alley with a street or highway shall not constitute an intersection. (23) `Laned roadway' means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (24) `License' or `license to operate a motor vehicle' means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including: (A) Any temporary license or instruction permit; (B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (C) Any nonresident's operating privilege as defined herein. (25) `Local authorities' means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state. (26) `Manufacturer' means a person engaged in the manufacture of vehicles and who has an established place of business in this state. (27) `Metal tire' means every tire of which the surface in contact with the highway is wholly or partly of metal or other hard, nonresilient material. A vehicle shall be considered equipped with metal tires when metal tires are used on two or more wheels. (28) `Moped' means a motor driven cycle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of two brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement shall be Page 2054 3.05 cubic inches (50 cubic centimeters) regardless of the number of chambers in such power source. The power source shall be capable of propelling the vehicle, unassisted, at a speed not to exceed 30 miles per hour (48.28 kilometers per hour) on level road surface and shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. (29) `Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, all-terrain vehicle, and moped. (30) `Motor driven cycle' means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower, every bicycle with a motor attached, and every moped. (31) `Motor home' means every motor vehicle designed, used, or maintained primarily as a mobile dwelling, office, or commercial space. (32) `Motorized cart' means every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds which cannot operate at more than 20 miles per hour and which is designed to carry not more than two persons, including the driver. (33) `Motor vehicle' means every vehicle which is self-propelled. (34) `New motor vehicle' means any motor vehicle which is not a demonstrator and has never been the subject of a sale at retail to the general public. (35) `Nonresident' means every person who is not a resident of this state. (36) `Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor Page 2055 vehicle or the use of a vehicle owned by such person in this state. (37) `Official traffic-control devices' means all signs, signals, markings, and devices not inconsistent with this title which are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. (38) `Operator' means any person who drives or is in actual physical control of a motor vehicle. (39) `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 security interest in or lien by another person, but excludes a lessee under a lease not intended as security. (40) `Park' or `parking' means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (41) `Passenger car' means every motor vehicle, except motorcycles and motor driven cycles, designed for carrying ten passengers or less and used for the transportation of persons. (42) `Pedestrian' means any person afoot. (43) `Person' means every natural person, firm, copartnership, association, or corporation. (44) `Pneumatic tire' means every tire in which compressed air is designed to support the load. A vehicle shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels. (45) `Pole trailer' means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing Page 2056 vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (46) `Police officer' means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (47) `Private road or driveway' means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. (48) `Railroad' means a carrier of persons or property upon cars operated upon stationary rails. (49) `Railroad sign or signal' means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (50) `Railroad train' means a steam engine or electric engine or other motor, with or without cars coupled thereto, operated upon rails. (51) `Residence district' means the territory contiguous to and including a highway not comprising a business district, when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (52) `Right of way' means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (53) `Roadway' means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term `roadway' Page 2057 shall refer to any such roadway separately, but not to all such roadways collectively. (54) `Safety zone' means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (55) `School bus' means: (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 (B) A motor vehicle operated by a local transit system which meets the equipment and identification requirements of Code Section 40-8-115; provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers to or from school. (56) `Semitrailer' means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (57) `Sidewalk' means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians. (58) `Solid tires' means tires of rubber or similarly elastic material that do not depend on confined air for the support of the load. A vehicle shall be considered equipped with solid tires when solid tires are used on two or more wheels. Page 2058 (59) `Special mobile equipment' means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch-digging apparatus, well-boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (60) `Stand' or `standing' means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (61) `State' means a state, territory, or possession of the United States, the District of Columbia, the Common-wealth of Puerto Rico, or a province of Canada. (62) `Stop' or `stopping': (A) When required, means complete cessation from movement; (B) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (63) `Street' means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (64) `Through highway' means every highway or portion thereof on which vehicular traffic is given preferential Page 2059 right of way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right of way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided in this title. (65) `Tractor' means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently. (66) `Traffic' means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. (67) `Traffic-control signal' means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (68) `Trailer' means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (69) `Tripper service' means regularly scheduled mass transportation service which is open to the fare-paying public but which is also designed or modified to accommodate the needs of elementary or secondary school students and school personnel. (70) `Truck' means every motor vehicle designed, used, or maintained primarily for the transportation of property. (71) `Truck camper' means any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space. (72) `Truck tractor' means every motor vehicle designed and used primarily for drawing other vehicles and Page 2060 not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (73) `Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. (74) `Used motor vehicle' means any motor vehicle which has been the subject of a sale at retail to the general public. (75) `Vehicle' means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. 40-1-2. The Society of Automotive Engineers horsepower rating formula is adopted as the standard for determining the horsepower of passenger-carrying vehicles. 40-1-3. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. 40-1-4. No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body. Any person who violates any part of this Code section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.00. Section 2 . Said title is further amended by striking Chapter 2, relating to registration and licensing of motor vehicles, in its entirety and inserting in lieu thereof a new Chapter 2 to read as follows: Page 2061 CHAPTER 2 ARTICLE 1 40-2-1. As used in this chapter, the term: (1) `Commissioner' means the state revenue commissioner. (2) `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. 40-2-2. Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor. 40-2-3. Any person who shall make any false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, shall be guilty of false swearing, whether or not an oath is actually administered to him, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71. 40-2-4. (a) It shall be unlawful for any person, firm, or corporation to make, sell, or issue any license plate or revalidation decal. (b) Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor. Page 2062 40-2-5. (a) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any vehicle license plate upon or in conjunction with the possession of any vehicle except the vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any vehicle which is required to bear a license plate. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one nor more than five years. 40-2-6. Any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not transferred as provided by law shall be guilty of a misdemeanor. 40-2-7. A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. As used in this Code section, `remove' includes deface or destroy. 40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day Page 2063 that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. ARTICLE 2 40-2-20. (a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter Page 2064 and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to register a new or used motor vehicle within 21 days of its purchase as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. 40-2-21. (a) As used in this Code section, the term: (1) `Name' means: Page 2065 (A) For natural persons, the surname of the owner whose name appears first on the certificate of title or other record of ownership; or (B) For entities other than natural persons, the first letter or word of the owner whose name appears first on the certificate of title or other record of ownership. (2) `Registration period' means: (A) The month of January for an owner whose name begins with the letter A, B, C, or D; (B) The month of February for an owner whose name begins with the letter E, F, G, H, I, J, or K; (C) The month of March for an owner whose name begins with the letter L, M, N, O, P, Q, or R; or (D) From April 1 until on or before May 1 for an owner whose name begins with the letter S, T, U, V, W, X, Y, or Z. (3) `Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. (b) Except as authorized in subsection (c) of this Code section, in each county to which the provisions of this Code section are made to apply as provided in subsection (f) of this Code section, the owner of every vehicle registered in the previous calendar year shall, between January 1 and May 1 of each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor. (c) The owner of any vehicle registered in the previous calendar year who moves his residence between January 1 and May 1 from a county to which this Code section is not applicable Page 2066 to a county to which this Code section is applicable or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between January 1 and May 1 who resides in a county to which this Code section is applicable shall, unless such vehicle has been registered during the current calendar year, register and obtain a license to operate such vehicle prior to the last day of the owner's renewal period or, if such renewal period has passed at the time of the change of residence or at the time of transfer, on or before May 1. (d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1, be subject to a $15.00 late registration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are waived or are determined not to be applicable under rules or regulations issued by the commissioner. (e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. (f) This Code section shall only apply to a county which has been brought under the provisions of this Code section pursuant to a local law enacted by the General Assembly and shall apply beginning January 1 of the calendar year specified in such local law. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue. (g) Nothing in this Code section shall preclude the owner of any vehicle from registering and obtaining a license for such vehicle prior to his registration period. 40-2-22. License plates and revalidation decals shall be issued only upon applications made to the local tag agent. Page 2067 License plates and revalidation decals may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter or by the commissioner on an appropriate application forwarded to him by the local tag agent where the type of license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The commissioner shall not be authorized to receive any applications for license plates or revalidation decals except those received through the local tag agents as provided for in this chapter. 40-2-23. The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner are made tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The duties and responsibilities of such agents of the commissioner shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners. 40-2-24. Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue. The bond shall run to the Governor and his successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner. 40-2-25. (a) The commissioner is authorized and directed to promulgate rules and regulations governing the processing by private persons, in any manner whatsoever, of applications for the registration of vehicles. (b) (1) The tax commissioner of each county shall be authorized to require any private person processing applications for the registration of vehicles pursuant to subsection (a) of this Code section to give an annual performance bond in the amount of $25,000.00 with good and sufficient surety or sureties licensed to do business in this state payable to, in favor of, and for the protection of either the payee, taxpayer, or the tax commissioner of the county in Page 2068 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. 40-2-26. (a) All applicants to register a vehicle shall apply to the tag agent of the county wherein such vehicle is required to be returned for ad valorem taxation. (b) Application shall be made by the owner of the vehicle upon blanks prepared by the commissioner for such purposes. The application shall contain a statement of the name, place of residence, and address of the applicant; a brief description of the vehicle to be registered, including its name and model, the name of the manufacturer, the manufacturer's vehicle identification number, and its shipping weight and carrying capacity; from whom, where, and when the vehicle was purchased; the total amount of all liens, if any, thereon, with the name and address of the lienholder; and such other information as the commissioner may require. (c) (1) As used in this subsection, the term `heavy vehicle tax' means that tax imposed by Subchapter D of Chapter 36 of the Internal Revenue Code. (2) On or after September 30, 1984, no vehicle registration or renewal thereof shall be issued to any motor vehicle subject to the heavy vehicle tax unless the owner of the motor vehicle provides satisfactory proof that the heavy vehicle tax has been paid for the federal tax year during which the application for registration or renewal thereof is made or that a heavy motor vehicle tax return has been filed with the United States Internal Revenue Service for the federal tax year during which the application for registration or renewal thereof is made. (3) The commissioner is authorized to promulgate rules and regulations consistent with paragraph (2) of this Page 2069 subsection which are necessary to ensure that the state complies with the requirements of the Surface Transportation Assistance Act of 1982, Section 143, 23 U.S.C. Section 141d. (4) The requirements of this subsection are in addition to any requirements of this Code relative to the registration of motor vehicles. 40-2-27. (a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Safety Act, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation. (b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration. (c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper. 40-2-28. (a) Initial applications for registration shall contain such information of ownership as the commissioner shall deem proper, and no vehicle shall be registered unless the commissioner shall be satisfied that the applicant for registration is entitled to have the vehicle registered in his name. Proof Page 2070 of purchase at a judicial sale or previous registration in this state by the applicant may be accepted as evidence of ownership by the commissioner. (b) Applications for registration of vehicles brought into this state and previously registered in other states shall be accompanied by an affidavit from the motor vehicle registering official of that state, or other satisfactory evidence indicating that the applicant is the lawful owner of the vehicle, including the date, name, and address of the person from whom it was purchased. 40-2-29. An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance. 40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee. 40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign to the vehicle a license plate bearing a distinctive number. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the Page 2071 state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1983, may be used until December 31, 1989. Metal license plates issued on or after January 1, 1990, shall be used for a period of five years. Bicentennial license plates issued in 1976 shall not be used after tag year 1989. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. A county decal shall be issued with each Page 2072 revalidation decal issued in 1982 and shall be properly affixed to the license plate. (f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The vehicle for which the decal is issued is currently registered in the county named on the decal; (2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or (3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal. 40-2-32. (a) The 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 univerity. If the commissioner does Page 2073 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 40-2-31. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80. 40-2-33. (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 provdied for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he shall issue the appropriate plate or revalidation decal. (2) In those instances wherein a vehicle shall be purchased from a seller who is required to return the 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 registraion 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. Page 2074 (4) When the fee prescribed for a license plate or revalidation decal exceeds $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate or revalidation decal if the application is accompanied by not less than 25 percent of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the commissioner, or, in lieu thereof, if the owner of such vehicle has a corporate net worth in excess of $1 million as evidenced by a financial statement prepared by a certified public accountant, an irrevocable letter of credit from a financial institution, approved and accepted by the commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of such balance in three equal installments on or before the first day of July, September, and December, respectively, of the calendar year in which the license plate or revalidation decal is applied for. This paragraph shall be applicable only to license plates and revalidation decals purchased in calendar year 1990 and shall expire and be repealed in its entirety December 31, 1990. (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 40-2-34. (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 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 Page 2075 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 under this chapter 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. 40-2-34. (a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. Except as provided in subsection (e) of this Code section, all tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term `business week' shall mean Monday through Friday (or Saturday if applicable). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commissioner. (c) Except as provided in subsection (e) of this Code section, failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. Page 2076 (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner, or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be authorized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business week. (e) Irrespective of any deadline stated in subsection (c) of this Code section, for the months of March and April the deadline for submitting tag reports and related sums of money to the commissioner shall be 30 days from the close of the business week during said months. There shall be no extension granted from said 30 day deadline for business weeks which close in March and April. (f) Proof of mailing within the appropriate time periods provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section. 40-2-35. The commissioner shall have in his possession on or before December 1 of each year, for distribution, the license plates and revalidation decals provided for in this chapter. 40-2-36. (a) The commissioner shall furnish to each tag agent such number of motor vehicle license plates, revalidation decals, and decals as he may deem necessary for issuance by such agent, together with such forms and other supplies as are necessary to enable such agent to perform the duties required of him by this chapter. (b) The county tag agent shall, immediately upon receipt of the motor vehicle license plates from the commissioner, take a full and complete inventory of the arriving shipment of license plates for motor vehicles over 24,000 pounds. The affidavit of lost or missing plates which the county tag agents are required to file with the commissioner shall be filed within ten days of the county tag agents' receipt of the license plates for Page 2077 motor vehicles over 24,000 pounds in weight. Failure to submit the required affidavit within ten days shall result in a denial of credit for any lost or missing license plates and the receiving county shall be responsible for full payment of said license plates. (c) The county is responsible for providing a secure storage area for all license plates and revalidation decals. (d) Notwithstanding any other provision of law, should a county desire to maintain an inventory of license plates for vehicles weighing in excess of 24,000 pounds and sell said license plates for vehicles weighing in excess of 24,000 pounds, the county shall first request permission in writing from the commissioner. Permission shall be granted at the discretion of the commissioner and, once granted, the permission may be revoked should the county fail to file tag and title reports with the commissioner in a timely and proper manner and fail to remit to the commissioner in a timely manner sums of money collected. (e) The commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Code section. 40-2-37. (a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functionsexcept those employed in secret investigatory police functions to which regular Georgia license plates are issued shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Page 2078 Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced. (b) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends; `STATE,' `CITY,' `COUNTY,' `AUTHORITY,' or `BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based. (c) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and returned to the commissioner for destruction or reassignment of registration to another vehicle subject to registration under this Code section. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. (d) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any Page 2079 license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. (e) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1, 1983. 40-2-38. (a) Manufacturers and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $25.00, which shall accompany such application, and for which fee the commissioner shall furnish to the dealer one number plate, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be determined by the commissioner, with the word `Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer or manufacturer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. The commissioner may in his discretion issue to dealers that manufacture new vehicles in Georgia number plates with the word `Manufacturer' on such plates. In the event the dealers or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $25.00 provided in this Code section, shall pay $5.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported. (b) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The Page 2080 commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to farm tractors. (c) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, manufacturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation of this Code section. 40-2-39. (a) As used in this Code section, the term: (1) `Dealer' means any person engaged in the business of selling or offering to sell new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term `dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles. (2) `Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers. (3) `Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling of new motor vehicles is carried on in good faith. (4) `Manufacturer' means any person who makes or assembles new motor vehicles. Page 2081 (5) `Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (6) `New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (7) `Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (8) `Temporary site' means a location at which new motor vehicles are sold or offered for sale which location is: (A) Used for a period not to exceed 96 hours in any one-month period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located. (9) `Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b) (1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealer's number license plate under Code Section 40-2-38 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealer's number license plate unless and until the applicant establishes to the satisfaction of the commissioner, Page 2082 under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business or at a temporary site. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code Section and Code Section 40-2-38 or at a temporary site. (3) This subsection shall not be construed to prohibit new motor vehicle trade shows. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with Page 2083 any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. 40-2-40. (a) On and after May 2 in each year, the owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year, shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, on May 2 and thereafter, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to May 2, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase. (b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section and the sum of $1.00, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant. (c) All penalties assessed under this Code section shall be accredited in the office of the tag agent when received in the name of the officer making the endorsement, without regard to the residence of the applicant, whether such penalty is received through the exercise of such officer's authority as an arresting officer or through appearance of the applicant at his office for proper endorsement on an application. Page 2084 (d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state highway patrolmen, state revenue special agents or enforcement officers, or Department of Transportation enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered. (e) The penalty levied and designated in this Code section shall be waived if the penalty provided for in Code Section 40-2-21 for delinquency in registration is waived or is determined not to be applicable under rules or regulations issued by the commissioner. 40-2-41. Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate assigned to it, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. 40-2-42. (a) A license plate or revalidation decal, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as otherwise provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter. (b) The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $1.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person Page 2085 to another. License plates and revalidation decals shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual license plate or expired five-year license plate shall obtain a current year annual license plate or a current year revalidation decal as provided for by this chapter. 40-2-43. Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registration for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commissioner, upon receipt of an application and a fee of 50 shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registration, the county tag agent may issue the duplicate registration certificate and may retain the application fee as compensation for issuing such duplicate certificate of registration. 40-2-44. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division with a fee of $2.00 to obtain a duplicate license plate or revalidation decal. (b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply. Page 2086 (c) A duplicate license plate or revalidation decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. 40-2-45. 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 the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehicle has been determined to be in full compliance with the law. ARTICLE 3 40-2-60. (a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. (b) For the purpose of this Code section, a license plate with a low number or special number may also be considered as a prestige or personalized plate. (c) Additional fees for special or distinctive license plates issued pursuant to this article shall be as prescribed in the Code section authorizing such plate, and, when no additional fee is specified, no additional fee shall be required. (d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section. 40-2-61. 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 Page 2087 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 40-2-80. 40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. 40-2-63. On or before December 31 of each year, the commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for his personal motor vehicle. 40-2-64. (a) Motor vehicle owners who are honorary consuls, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two honorary consular corps license plates. Consular officials who are citizens of the country they represent shall be issued such plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. No more than two sets of honorary consular corps license plates shall be issued to any country. (b) The commissioner may begin issuing consular corps license plates for the year 1976 and thereafter. Page 2088 (c) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section. 40-2-65. (a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States shall be eligible to receive free motor vehicle license plates for private passenger cars or trucks used for personal transportation. Such license plates shall be issued in compliance witht the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. Additional words or symbols in additon to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the `United States military reserve.' The major commanders of each active reserve component program shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their command assigned or attached to troop program units 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 member of the `United States military reserve,' 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 reservist acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other reservist license plate. Page 2089 (2) Should an active reservist who has been issued a free license plate be discharged or otherwise separated from his reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commissioned after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such person enlists or is commissioned 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 been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regualr plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (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 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. 40-2-66. (a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor Page 2090 vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard. (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or Page 2091 retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical Page 2092 arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry. (d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. 40-2-67. (a) The commanders of the American Legion, the Amvets, the Jewish War Veterans, the Disabled American War Veterans, the Veterans of World War I, and the Spanish-American War Veterans, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional fee of $25.00, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner. (b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued; and such plates shall not be used by any person after he has vacated the office of commander of any of the organizations enumerated in this Code section. 40-2-68. (a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such Page 2093 license plates shall be fastened to both the front and the rear of the vehicle. (b) The commissioner may begin issuing distinctive personalized license plates to such Medal of Honor winners for the year 1980 and thereafter. (c) The commissioner is authorized and directed to design the license plate, establish procedures, and promulgate rules and regulations to effectuate the purposes of this Code section. 40-2-69. (a) Any veteran who was discharged under honorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States, including the National Guard during wartime or during the period beginning January 31, 1955, and ending May 7, 1975, shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he is receiving or that he is entitled to receive a statutory award from the United States Department of Veterans Affairs for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; or (4) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye. (b) Any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally and permanently disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he is receiving or that he is entitled to receive benefits for a 100 Page 2094 percent service connected disability, as long as he is 100 percent disabled. (c) Once a veteran has established his eligibility to receive free motor vehicle license plates, he shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, station wagon, or van type vehicle of three-quarter tons or less that he may own or acquire in the future. Two license plates or revalidation decals each year shall be furnished under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle. 40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such veteran shall be entitled to such plate regardless of whether he is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. 40-2-71. (a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. One-half of said tag shall be in one color, the other half a second color, and the figures and lettering the third color. Such coloring scheme shall alternate every five years. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words `Handicapped Veteran' or `Handicapped Vet.' (b) Such license plates so issued shall be nontransferable. Page 2095 (c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section. 40-2-72. Any person evading or violating any provision of Code Sections 40-2-69 through 40-2-71 or attempting to secure benefits under those Code sections to which he is not entitled shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than five years. 40-2-73. (a) As used in this Code section, the term `prisoners of war' means those veterans of the armed forces of the United States who were discharged under honorable conditions and who were captured and held prisoner by forces hostile to the United States while serving in the armed forces of the United States in World War I, World War II, the Korean War, or the Vietnam War. (b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates shall be fastened to the rear of the vehicles. (c) The spouse of a deceased former prisoner of war shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section so long as such person does not remarry. (d) The commissioner is authorized and directed to design the license plate, establish procedures, and promulgate rules and regulations to effectuate the purposes of this Code section. (e) The commissioner may begin issuing distinctive personalized license plates to such prisoners of war for the year 1982 and thereafter. Page 2096 40-2-74. (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 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 prrof 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. Page 2097 (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. 40-2-75. (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $25.00, shall be issued a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. The commissioner may consult with licensed amateur radio operators residing in the State of Georgia in the design of the special license plate authorized by this subsection. (b) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the State of Georgia an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry. Page 2098 (c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be nontransferable. (d) No person to whom license plates are issued under this Code section shall receive compensation in any form for his services in making amateur radio communication available to the public or to individuals, firms, corporations, or organizations. 40-2-76. (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $25.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed the official citizens band radio call letters of such applicant as assigned by the Federal Communications Commission. (b) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the State of Georgia an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section. It shall be the duty of the sheriffs of the state to maintain and to keep current such list for public information and inquiry. (c) The commissioner shall make such rules and regulations as are necessary to carry out this Code section. 40-2-77. (a) (1) As used in this Code section, a `historical vehicle' means any motor vehicle which is over 30 years old and which is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses but which is in no event to be used for general transportation. (2) As used in this Code section, a `street rod' means a motor vehicle which has been designed and remanufactured Page 2099 to resemble a historical vehicle as defined in paragraph (1) of this subsection and which is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but not for general transportation purposes. (b) Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every historical vehicle within the state. Upon application, registration, and payment of a fee of $25.00, the commissioner shall issue a special license plate, as described in this Code section, for every street rod within the state. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence. (c) (1) For historical vehicles, said license plates shall be of metal at least six inches wide and not less than 12 inches in length and shall show in bold characters the words `Historical Vehicle,' the full name or the abbreviation of the name of the state, a serial number, and other distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state. The serial numbers shall commence with the number one and continue in consecutive numerical sequence. (2) For street rods, said license plates shall be of standard size and shall show in bold characters the words `Street Rod,' the full name or the abbreviation of the name of the state, a serial number, and other such distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state. The serial numbers shall commence with the number one and continue in consecutive numerical sequence. (d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car before issuing these plates in lieu of the regular Georgia license plate. Page 2100 (e) Upon the sale or transfer of any historical vehicle or street rod for which special license plates have been issued, the plates may be transferred to the purchaser or transferee upon paying $1.00 to the commissioner. 40-2-78. (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 plates 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 40-2-80. Page 2101 (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 Page 2102 in Code Section 40-2-31. It shall be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (e) The provisions of this Code section shall also apply to certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. 40-2-79. (a) As used in this Code section, the term `trailer' means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers. (b) The commissioner is authorized to issue an annual special license plate for trailers. (c) Any trailer owner, upon complying with the laws relating to registration and licensing and upon the payment of a $8.00 fee, shall be issued annually the special license plate authorized by this Code section. 40-2-80. The commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee to be prescribed by the commissioner, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and transferred to vehicles other than the vehicle for which such plate was issued. 40-2-81. (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 40-2-61, Code Section 40-2-62, and Code Section 40-2-82, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates. (b) The requirements of subsection (a) of this Code section shall apply to the following on or after January 1, 1990: (1) License plates provided for in Code Section 40-2-38; Page 2103 (2) License plates provided for in Code Section 40-2-63 through 40-2-77; or (3) License plates issued to school buses, ambulances, or forest products haulers. 40-2-82. 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. 40-2-83. (a) Notwithstanding any other provision of law, any resident person who is authorized to obtain a special or prestige license plate pursuant to this article may, upon complying with the motor vehicle laws relating to licensing, registration, and fees, obtain such special or prestige license plate in his or her own name and the name of any other person with whom he or she jointly owns a motor vehicle. (b) Any resident owner of a motor vehicle who has been issued a special or prestige license plate and who subsequently acquires a motor vehicle jointly with another and who wishes to place such special or prestige license plate on such jointly owned motor vehicle shall notify the commissioner in such manner as the commissioner may prescribe by regulation and shall pay a transfer fee of $1.00, whereupon the commissioner shall change the registration for such license plate to reflect such joint ownership. (c) Upon the transfer of a jointly owned vehicle upon which there is a special or prestige license plate and the subsequent acquisition of a motor vehicle in the sole name of the person who is authorized to obtain such special or prestige license plate pursuant to this article, such person shall notify the commissioner in such manner as the commissioner shall prescribe by regulation and shall pay a transfer fee of $1.00, whereupon the commissioner shall change the registration of such special Page 2104 or prestige plate to reflect the sole ownership by such individual. ARTICLE 4 40-2-90. (a) For purposes of this Code section: (1) `Nonresident' means any person who does not reside in the State of Georgia but who accepts employment or engages in any trade, profession, or occupation in the state or enters his children in the public schools of this state. (2) `Visitor' means any person who does not reside in the State of Georgia and who is not a nonresident as defined in this subsection. (b) (1) Motor vehicles owned by nonresidents may be used and operated on the public streets and highways for a period of 30 days without registering said motor vehicles in the State of Georgia. (2) Motor vehicles owned by visitors may be used and operated on the public streets and highways, for pleasure purposes only, for a period of 90 days without registering said motor vehicles in the State of Georgia. (3) To be eligible for the exemptions provided for in paragraph (1) or (2) of this subsection, a nonresident or visitor shall have fully complied with the laws relating to the registration of motor vehicles of the state or territory wherein he resides, and the registration number and initial letter of such state or territory shall be displayed and plainly visible on such motor vehicles. (4) No resident of Georgia shall be entitled to the exemptions provided for in paragraph (1) or (2) of this subsection. (c) Notwithstanding subsection (a) of this Code section, a nonresident student who is a resident of a state which is a member of the Multistate Reciprocity Agreement shall be exempt from the requirement of registering his motor vehicle in this Page 2105 state in accordance with the provisions of said Multistate Reciprocity Agreement. 40-2-91. The commissioner is directed to negotiate with the proper authorities of adjoining states and consummate, as speedily as is practicable, reciprocal agreements, whereby residents of such states operating motor vehicles licensed in their respective states may have such privileges and exemptions in the operation of such motor vehicles as residents of this state may have and enjoy in such adjoining states in the operation of motor vehicles duly licensed in this state. In the making of such agreements, the commissioner shall have due regard for the advantage and convenience of the motor vehicle owners and other citizens of this state and particularly those who reside near the borders of adjoining states. 40-2-92. Any and all reciprocal agreements entered into by the commissioner shall be subject to confirmation by Act or resolution of the General Assembly and shall not be of force or effect until the passage of such Act or resolution and its approval by the Governor except such agreement or agreements as may be entered into while the General Assembly is not in session. 40-2-93. All reciprocal agreements entered into by the commissioner while the General Assembly is not in session shall be approved by the Governor. Such agreements shall be submitted by the commissioner to the General Assembly not later than the tenth day of its next session, whereupon the General Assembly may confirm or reject such agreement or agreements by appropriate Act or resolution approved by the Governor. Pending passage and approval of such Act or resolution of confirmation or rejection, the agreement or agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms. 40-2-94. The commissioner shall give proper publicity to the terms of every agreement entered into pursuant to Code Sections 40-2-91 through 40-2-93 and is authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law. Page 2106 40-2-95. No reciprocal agreement shall be made or approved under Code Sections 40-2-91 through 40-2-93 which relate to motor vehicles operated for hire, nor shall Code Sections 40-2-91 through 40-2-93 apply to such vehicles. ARTICLE 5 40-2-110. As used in this article, the term `motor truck' means any motor vehicle having a gross weight of 18,000 pounds or over which is designed and used for the transportation of merchandise or freight. 40-2-111. In addition to any other provision of law relating to registration of motor vehicles or fees paid therefor, a person owning or operating a motor truck, as defined in Code Section 40-2-110, upon the highways of this state, which is not registered in this state, shall apply to the commissioner for a highway use permit for each such motor truck to be so operated. Application shall be made upon a form prescribed by the commissioner and shall set forth such information as the commissioner may require. The application shall be accompanied by a permit fee of not more than $200.00, as determined under the rules and regulations of the commissioner, using a comparison of such fees charged by the state or province of registration of the motor truck, for each motor truck listed in the application. The commissioner shall issue a permit and an identification tag, plate, or decal for each such motor truck, which tag, plate, or decal shall be of such size and design and contain such information as the commissioner shall prescribe. Any such permit and tag, plate, or decal shall be valid for the same period of time as provided by law for license plates issued to motor vehicles in Georgia. Such permits shall be carried in the motor truck and the tag, plate, or decal shall be affixed to the motor truck and at all times be visible and legible. 40-2-112. In addition to the permit fee provided in Code Section 40-2-111, a person operating a motor truck on the highways of this state, which truck is registered in a state or province which imposes upon motor trucks registered in this state a tax, fee, or toll for the privilege of operating such truck upon the highways of such state or province, which is in addition to any tax, fee, or toll imposed upon gasoline or other motor fuel purchased within such state or province, or registration Page 2107 fee, shall pay a fee of not more than $25.00, as determined under the rules and regulations of the commissioner, using a comparison of such taxes, fees, or tolls charged by the state or province of registration of the motor truck, for each round trip into this state in lieu of a tax computed and applied in the same manner as the tax, fee, or toll of such other state or province so long as such tax, fee, or toll imposed by such other state or province shall remain in force. 40-2-113. The commissioner shall collect the taxes and fees imposed by this article and he is authorized to make such rules and regulations and prescribe such forms as are necessary to carry out this article. 40-2-114. (a) It shall be unlawful for any person: (1) To operate a motor truck subject to this article upon any public highway in this state without first obtaining the permit required under Code Section 40-2-111; (2) To violate any regulation issued by the commissioner pursuant to the authority granted under this article; (3) To fail to file any return or report required by the commissioner; (4) To make a false return or fail to keep records of operations as may be required by the commissioner; or (5) To make knowingly any false statement in any application for registration. (b) Any person who violates any provision of this Code section, upon first conviction, shall be punished by a fine of not less than $100.00 nor more than $250.00; and upon a second or subsequent conviction, by a fine of not less than $250.00 nor more than $500.00, or by imprisonment for not more than 30 days, or both. ARTICLE 6 40-2-130. (a) The commissioner shall maintain a record of all certificates of registration issued: Page 2108 (1) Under a distinctive tag registration number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle title number; and (5) In the discretion of the commissioner, in any other method he determines. (b) The commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of registration records in such manner as he may deem expedient. The photographic or photostatic copies authorized in this subsection shall be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (c) The motor vehicle registration records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer for official law enforcement investigations as certified by the commanding officer of the law enforcement agency making such request; (2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle Page 2109 accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5) Any licensed dealer of new or used motor vehicles; (6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. (d) The commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which such records shall be open for public inspection. 40-2-131. Except as provided in Code Section 40-2-33, the full amount of the fees collected under this chapter shall be turned over to the state treasury by the commissioner within 30 days after collection in such manner as the director of the Fiscal Division of the Department of Administrative Services may prescribe. 40-2-132. The commissioner, in his discretion, may destroy all motor vehicle records required to be maintained under this chapter, except those of the current year and the two years immediately preceding. 40-2-133. It is the duty of every arresting officer, county, municipal, and state, to enforce this chapter. 40-2-134. Persons appointed by the commissioner as special agents or enforcement officers of the Department of Revenue are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of said laws. 40-2-135. (a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to hold Page 2110 such public office. The commissioner shall revoke any license plate purchased with a personal check which was returned because of insufficient funds. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or his designated agent and register his vehicle as otherwise required by this chapter. (b) Any state or county law enforcement officer or any special agent or enforcement officer appointed under Code Section 40-2-134 may, upon the direction or request of the commissioner, go upon public or private property to seize a license plate or renewal decal which has been revoked as provided in subsection (a) of this Code section. Section 3 . Said title is further amended by striking Chapter 3, relating to certificates of title, security interests, and liens, in its entirety and inserting in lieu thereof a new Chapter 3 to read as follows: CHAPTER 3 ARTICLE 1 40-3-1. This chapter shall be known and may be cited as the `Motor Vehicle Certificate of Title Act.' 40-3-2. As used in this chapter, the term: (1) `Boat trailer' means any vehicle without motive power designed for carrying boats, either partially or wholly on its own structure, which is being drawn by a self-propelled vehicle and operated over the public ads of this state. (2) `Commissioner' means the state revenue commissioner. (3) `Dealer' means a `dealer' as defined in Code Section 40-1-1, to whom current dealer registration plates have been issued by the commissioner. (4) `Homemade trailer' means a vehicle without motive power, designed for carrying persons or property Page 2111 either partially or wholly on its own structure and for being drawn by a self-propelled vehicle other than a self-propelled vehicle running exclusively on tracks, which trailer has been manufactured and constructed from component parts for personal use and not for the purpose of commercial resale. (5) `Identifying number' means the numbers and letters, if any, on a vehicle designated by the commissioner for the purpose of identifying the vehicle. (6) `Lien' means any lien created by operation of law and not by (contract or agreement with respect to a vehicle and includes all liens mentioned in Code Section 44-14-320, other than that in paragraph (5) thereof, and all liens for taxes due the United States of America, constructive notice of which is given by filing notice thereof in the office designated by state law. (7) `Lienholder' means a person holding a lien created by operation of law on a motor vehicle. (8) To `mail' means to deposit in the United States mail properly addressed and with postage paid. (9) `Major component part' means any one of the following subassemblies of a motor vehicle: (A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels and floor panel assembly); (C) Engine and transmission; (D) Top, with the exception of soft tops; (E) Frame; or (F) Complete side (fenders, door, and quarter panel). Page 2112 (10) `Rebuilt motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement of two or more major component parts. (11) `Salvage motor vehicle' means any motor vehicle which: (A) Has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts but shall not mean any such motor vehicle which has been repaired and the title to which is not transferred as a result of such damage or repair; (B) Has been acquired by an insurance company as the result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or any vehicle for which the insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of whether the insurance company acquires such vehicle and regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but a stolen motor vehicle subsequently recovered undamaged with the manufacturer's vehicle identification number plate intact shall not be deemed a salvage motor vehicle; or (C) Is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (12) `Secutiry agreement' means a written agreement which reserves or creates a security interest. (13) `Security interest' means an interest in a vehicle reserved or created by agreement which secures the payment or performance of an obligation, such as a conditional sales contract, chattel mortgage, bill of sale to secure debt, Page 2113 deed of trust, and the like. This term includes the interest of a lessor under a lease intended as security. (14) `Security interest holder' means the holder of an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. 40-3-3. (a) The commissioner is responsible for the administration of this chapter and may employ such clerical assistants and agents as may be necessary from time to time to enable him speedily, completely, and efficiently to perform the duties conferred on him in this chapter. (b) The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interest, and all other notices and forms necessary to carry out this chapter. (c) The commissioner may: (1) Make necessary investigation to procure information required to carry out this chapter; (2) Adopt and enforce reasonable rules and regulations to carry out this chapter; (3) Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed, and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate. 40-3-4. No certificate of title shall be obtained for: (1) A vehicle owned by the United States unless it is registered in this state; (2) A vehicle owned by a manufacturer of or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; or a vehicle used by a manufacturer solely for testing; except that all dealers acquiring new vehicles after July 1, Page 2114 1962, from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the commissioner shall by rule and regulation prescribe; (3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state; (4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state; (5) A vehicle moved solely by human or animal power; (6) An implement of husbandry; (7) Special mobile equipment; (8) A self-propelled wheelchair or invalid tricycle; (9) A pole trailer; (10) Motor buses used for the transportation of persons by a street railroad or other company engaged in the operation of an urban transit system over fixed routes; (11) A boat trailer; (12) A homemade trailer; (13) A device used exclusively upon stationary rails or tracks or which obtains motive power from fixed overhead electric wires; (14) (A) A vehicle, other than a mobile home or crane, which weighs less than 10,000 pounds gross vehicle weight and which is 15 or more model years old. For purposes of this subparagraph, a model year begins on September 1 of each year. (B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent Page 2115 transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The Department of Revenue shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28. (C) (i) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which is perfected on or before the date such vehicle becomes subject to the operation of subparagraph (A) of this paragraph shall lapse unless a notice of such security interest or lien is filed with the commissioner within 30 days from the date such vehicle becomes subject to the exclusion provided for in subparagraph (A) of this paragraph. (ii) A security interest in or lien against a vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph and which arises after such vehicle becomes subject to the operation of subparagraph (A) of this paragraph may be perfected in the same manner as such security interests and liens are perfected on vehicles required by this chapter to have certificates of title. (iii) The transferee of any vehicle which is subject to the exclusion provided for in subparagraph (A) of this paragraph, regardless of whether that vehicle has a certificate of title issued pursuant to subparagraph (B) of this paragraph, shall take such vehicle subject to any security interest or lien perfected under this paragraph; Page 2116 (15) (A) Except as provided in subparagraph (B) of this paragraph, a trailer with an unladen gross weight of 2,000 pounds or less. (B) The exclusion provided in subparagraph (A) of this paragraph shall not apply to a travel trailer or camper, regardless of its unladen gross weight; (16) A vehicle which is not sold for the purpose of lawful highway use; (17) A vehicle with a model year prior to 1963; or (18) A moped. 40-3-5. (a) A peace officer who learns of the theft of a vehicle not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner. (b) An owner or a security interest holder or lienholder shall report the theft of a vehicle, or its conversion if a crime, to the commissioner. A person who has so reported the theft or conversion of a vehicle shall, after learning of its recovery, immediately report the recovery to the commissioner. (c) The commissioner shall maintain appropriately indexed weekly and cumulative public records of stolen, converted, and recovered vehicles reported to him pursuant to this Code section. The commissioner may make and distribute copies of the weekly records so maintained to peace officers upon request without fee and to others for the fee, if any, the commissioner prescribes. (d) The commissioner may suspend the registration of a vehicle whose theft or conversion is reported to him pursuant to this Code section, and until the commissioner learns of its recovery or that the report of its theft or conversion was erroneous he shall not issue a certificate of title for the vehicle. Page 2117 40-3-6. (a) A person aggrieved by an act or omission to act of the Department of Revenue under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the Department of Revenue pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof. (b) Hearings conducted under subsection (a) of this Code section shall be conducted under the terms and conditions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and court review of such hearings shall be as provided by that chapter. ARTICLE 2 40-3-20. (a) Except as provided in Code Section 40-3-4, every owner of a vehicle which is required by law to be registered in this state and for which no certificate of title has been issued by the commissioner may make application to the commissioner or to the tag agent in the county wherein the owner resides for a certificate of title to the vehicle according to the model of the vehicle. If a vehicle is owned by and used in connection with an established business, application may be made to the commissioner or to the tag agent in the county in which the business is located. Such application shall be made in the following manner: All 1963 model vehicles and all successive model vehicles thereafter shall have a certificate of title. However, once a vehicle comes within the exclusion provided by paragraph (14) of Code Section 40-3-4, a certificate of title shall no longer be required. (b) The commissioner may by rule or regulation exempt from the requirements of this chapter vehicles owned by nonresident individuals or corporations that are properly titled in the state of such owner's residence where the vehicle is required to be registered in this state because: Page 2118 (1) Georgia has no reciprocity agreement on registration and licensing of motor vehicles with the owner's state; or (2) The vehicle is used in both interstate and intrastate transportation. (c) When the owner of a vehicle is required to have a certificate of title, the tag agent or the commissioner shall not register or renew the registration of such vehicle until a certificate of title has been issued or applied for. 40-3-21. (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the commissioner on the form he prescribes. Except as provided in subsection (b) of this Code section, the application must be submitted to the commissioner or his appropriate authorized county tag agent by the owner of the vehicle within 90 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If he does not submit his application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain: (1) The name, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, Page 2119 type of body, the number of cylinders, and whether new, used, or a demonstrator; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle. (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. Page 2120 (c) (1) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by: (A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired. 40-3-22. (a) The commissioner, upon receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by Code Section 40-3-23 and against the record of stolen and converted vehicles required to be maintained by Code Section 40-3-5. (b) Subsection (a) of this Code section shall not be applicable to an application for the first certificate of title of a new car or a demonstrator when such application is accompanied by a manufacturer's certificate of origin. 40-3-23. (a) The commissioner shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle. (b) The commissioner shall maintain a record of all certificates of title issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; Page 2121 (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) In the discretion of the commissioner, in any other method he determines. (c) The commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as he may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (d) The motor vehicle records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer for official law enforcement investigations as certified by the commanding officer of the law enforcement agency making such request; (2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5) Any licensed dealer of new or used motor vehicles; Page 2122 (6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. (e) The commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which such records shall be open for public inspection. 40-3-24. (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 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, used, or a demonstrator and, if a new vehicle or a demonstrator, 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. (c) A certificate of title issued by the commissioner is prima-facie evidence of the facts appearing on it. Page 2123 (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. 40-3-25. In addition to the information required by Code Section 40-3-24, 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 demonstrator or 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 and on the manufacturer's statement of origin where assigned to the first retail purchaser the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title. 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. 40-3-26. (a) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. Page 2124 (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that he has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until his claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after his lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, he must deliver the certificate of title to the owner. 40-3-27. (a) Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, he may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction he desires to be reflected on the certificate of title. The notice, a fee of $5.00, and the title application shall be mailed by registered or certified mail, return receipt requested, by the person desiring the change to the first security interest holder or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing him within ten days to forward the notice, the fee, the title application, and the certificate of title to the commissioner. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner, upon receipt of such a notice and title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on his records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. The person desiring the change Page 2125 shall retain the return registered or certified mail receipt as proof of his compliance with this Code section. (b) In the event the first security interest holder or lienholder holding the certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner, as required by this Code section, the person desiring the change may, on a form prescribed by the commissioner, make direct application to the commissioner. Such direct application to the commissioner shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application, the commissioner shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to him for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the commissioner and the order of the commissioner, the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter. (c) Any first security interest holder or lienholder having possession of a certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Code section. 40-3-28. If the commissioner is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the commissioner may register the vehicle, but shall either: (1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the commissioner as to the applicant's ownership of the vehicle and that there are no undisclosed security interests in it; or (2) as a condition of issuing a certificate of title, require the applicant to file with the commissioner a bond in the form prescribed by the commissioner and executed by the applicant and by a bonding, surety, or insurance company licensed to do Page 2126 business in Georgia. The bond shall be in an amount equal to the value of the vehicle as determined by the commissioner and payable to the commissioner for the benefit of any prior owner, lienholder, or security interest holder, and any subsequent purchaser of the vehicle or person acquiring any security interest or lien on it, and their respective successors in interest, against any expense, loss, or damage, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. The commissioner shall have a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall expire at the end of four years unless the commissioner has been notified of a breach of a condition of the bond. 40-3-29. (a) The commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that: (1) The applicant is not the owner of the vehicle; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner reasonably requires; or (4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner if there is no security interest holder or lienholder. 40-3-30. (a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section Page 2127 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act, as amended, unless and until the United States Customs Service or the United States Department of Transportation have certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation. (b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of title for such motor vehicles first titled in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of title. 40-3-31. If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the owner or the legal representative of the owner named in the certificate, as shown by the records of the commissioner, shall promptly make application for and may obtain a replacement, upon furnishing information satisfactory to the commissioner. The replacement shall be issued on the following terms and conditions: (1) If the replacement title is issued to the owner named in the lost, stolen, mutilated, or destroyed certificate, as shown by the records of the commissioner, the replacement certificate of title shall contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate'; (2) When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner show that the owner has held record title continuously for a period of not less than six Page 2128 calendar months and the record title of the owner has not been challenged, the commissioner may, upon proper application, issue a replacement title, which shall simply contain the legend `Replacement Title'; (3) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the commissioner. Where the owner named in a replacement certificate of title, or a transferee, recovers the original certificate he may surrender the original certificate together with the replacement title and if he is otherwise entitled to a certificate the commissioner may issue him a new certificate of title with no legend thereon; and (4) If two or more innocent persons are the victims of the fraud or mistake of another and none of the victims could have reasonably taken steps to detect or prevent the fraud or mistake, the victim who first acquired an interest in a vehicle through any certificate of title shall have his interest protected. 40-3-32. (a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney's fees, occasioned by the transferor's failure to comply with this subsection. (b) Except as provided in Code Section 40-3-33, the transferee, promptly after delivery to him of the vehicle and certificate of title, shall execute the application for a new certificate of title on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the commissioner or his appropriate authorized county tag agent together with the application for change of registration for the vehicle, so that the title application shall be received Page 2129 within 90 days from the date of the transfer of the vehicle. If the title application is not received within that time, the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection. (c) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with Code Section 40-3-51. (d) Except as provided in Code Section 40-3-33 and as between the parties, a transfer by an owner is not effective until this Code section and Code Section 40-3-33 have been complied with; and no purchaser or transferee shall acquire any right, title, or interest in and to a vehicle purchased by him unless and until he shall obtain from the transferor the certificate of title thereto, duly transferred in accordance with this Code section. (e) The commissioner shall promulgate procedures and provide forms whereby a prospective purchaser may, if he desires, have the commissioner's records searched for undisclosed certificates of title and security interests. 40-3-33. (a) A dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or Page 2130 reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-32. A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter. (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every vehicle bought, sold, or exchanged by him, or received by him for sale or exchange. Such record shall be kept for three years and shall be open to inspection by a representative of the commissioner during reasonable business hours. (c) Except as otherwise provided for in subsection (c) of Code Section 40-3-32, the dealer shall submit a properly completed certificate of title application and proper supporting documents to the commissioner or to the appropriate authorized county tag agent so that the application and supporting documents shall be submitted to the commissioner or the appropriate authorized county tag agent within 90 days from the date of the transfer of the vehicle. If the application and supporting documents are not submitted within that time, the dealer shall be required to pay a penalty of $10.00 in addition to the ordinary title fee as provided by this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. 40-3-34. (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this Code Page 2131 section, mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title, if available; proof of the transfer; and his application for a new certificate in the form the commissioner prescribes, together with the application for change of registration for the vehicle so that the title application and other documents shall be received by the commissioner or his appropriate authorized county tag agent no later than 90 days from the date that the transferee acquired the interest in the vehicle. If the title application and other documents are not received within that time, the transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required in this subsection. If the last certificate of title is not available for transfer under this Code section, then the transferee shall forward such proof of transfer as the commissioner may by regulation prescribe. (b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the commissioner or his appropriate authorized county tag agent the last certificate of title, if available; proof of transfer; his application for a new certificate, in the form prescribed by the commissioner; and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner, so as to have the application and supporting documents submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date the transferee acquired the interest in the vehicle. If the application and supporting documents are not submitted within that time, the Page 2132 transferee shall be required to pay a penalty of $10.00 in addition to the ordinary title fee prescribed by this chapter. If the documents submitted in support of the title application are rejected, the transferee submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection. If the holder of a security interest or lien succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the commissioner may require by rule or regulation. (c) A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the commissioner upon request of the commissioner. The delivery of the certificate pursuant to the request of the commissioner does not affect the rights of the person surrendering the certificate; and the action of the commissioner in issuing a new certificate of title as provided in this article is not conclusive upon the rights of an owner or lienholder named in the old certificate. (d) In the event of transfer as upon inheritance, devise, or bequest, upon receipt of an application for a new certificate of title with the required fee, the last certificate of title, if available, and a certified copy of a will or letters of administration or, if no administration is to be had on the estate, an affidavit by the applicant to the effect that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have amicably agreed among themselves upon a division of the estate or a certificate from the judge of the probate court showing that the motor vehicle registered in the name of the decedent owner has been assigned to the decedent's survivors as part of their year's support, the commissioner shall issue to the person or persons Page 2133 shown by such evidence to be entitled thereto the certificate of title for the vehicle. (e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle. (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection. 40-3-35. (a) The commissioner, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail the certificate to the first lienholder named in the application or, if none, to the owner. (b) The commissioner, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to him, the commissioner shall make demand therefor from the holder thereof. (c) The commissioner shall file and retain for five years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated therein. Page 2134 40-3-36. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (B) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim shall notify the commissioner and the owner of the payment of a total loss claim. (b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (2) of subsection (a) to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. Page 2135 (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word `salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend `rebuilt' or `salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. (f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty Page 2136 prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of surance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. 40-3-37. (a) As used in this Code section, the term `application for a certificate of title on a salvaged or rebuilt motor vehicle' means: (1) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired; (2) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked `salvage,' `rebuilt,' or `restored,' or any similar such phrase; or (3) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section Page 2137 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word `rebuilt' is permanently affixed as required by subsection (d) of this Code section, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its wrecked condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his inspections of the vehicle pursuant to this Code section. (d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word `rebuilt' on its face in such Page 2138 manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word `salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word `rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word `rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word `rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked `salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. Page 2139 40-3-38. (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or his agent. (b) An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or his agent. (c) The commissioner shall be paid a fee of $5.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state. The commissioner may, by appropriate regulation, provide for additional fees not to exceed $5.00 for the special handling of applications for certificates of title and related documents. (d) The above fees shall be required of all applicants except the State of Georgia and the United States of America. 40-3-39. The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-22 and to allow such county tag agents to retain a fee therefor not in excess of 50 for each application handled, such fee to be disposed of as other tag fees retained by him as tag agent are disposed of in his county. Any applicant for a title shall have the right to mail the application directly to the Department of Revenue. 40-3-40. (a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the Department of Revenue is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the Department of Revenue is entitled must be submitted to the commissioner within seven calendar days from the close of the business day during which such applications were handled and related sums of money collected. (b) Funds received as a result of handling title applications shall be considered trust funds in the hands of the tag agents until such time as they are paid over to the commissioner. Page 2140 (c) Failure to submit the reports or remit the funds within the seven-calendar-day period from the close of the business day as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a title report is required to be filed with the commissioner or funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner is authorized, upon a showing of justifiable cause, to grant up to a ten-day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific business day. (e) Proof of mailing within the appropriate time period provided for in this Code section, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with his duties as enumerated by this Code section. 40-3-41. (a) The commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with Code Section 40-3-6, when authorized by any other provision of law or if he finds: (1) The certificate of title was fraudulently procured or erroneously issued; or (2) The vehicle has been scrapped, dismantled, or destroyed. (b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it. (c) When the commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the commissioner. (d) The commissioner may seize and impound any certificate of title which has been suspended or revoked. Page 2141 40-3-42. In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the Department of Revenue. 40-3-43. (a) Any person, firm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle's being stolen shall within 15 days of the payment of such total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vehicle until the requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the Page 2142 same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. ARTICLE 3 40-3-50. (a) Except as provided in Code Section 11-9-103, relating to accounts, contract rights, general intangibles, and equipment governed by the laws of another jurisdiction, and incoming goods already subject to a security interest, the security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees, and the holders of security interests and liens on the vehicle by compliance with this chapter. (b) A security interest is perfected by delivery to the commissioner of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its creation if the delivery is completed within 20 days thereafter; otherwise, as of the date of the delivery to the commissioner. When the security interest is perfected as provided for in this subsection, it shall Page 2143 constitute notice to everybody of the security interest of the holder. 40-3-51. If the owner creates a security interest in a vehicle: (1) The owner shall immediately execute the application in the space provided therefor on the certificate of title or on a separate form that the commissioner prescribes, naming the holder of the security interest on the certificate and showing the name and address of the security interest holder, and shall cause the certificate, the application, and the required fee to be delivered to the security interest holder; (2) The security interest holder shall immediately cause the certificate of title and application and the required fee to be mailed or delivered to the commissioner or his appropriate authorized county tag agent within 90 days of the date of creation of the security interest or lien. If the certificate of title and application and the required fee are not mailed or delivered within such time, the lien or security interest holder shall be required to pay a $10.00 penalty in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return same to the commissioner. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this paragraph; and (3) Upon receipt of the certificate of title, the application, and the required fee, the commissioner shall issue a new certificate containing the name and address of the holder of the security interest and of holders of previous unreleased security interests and liens, if any, and shall Page 2144 mail the certificate to the first holder on it. If more than one holder is named on the certificate, the first holder shall comply with subsection (b) of Code Section 40-3-26 in regard to notifying other holders of the content of the certificate. 40-3-52. (a) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest holder or lienholder, the owner shall, on the form prescribed by the commissioner, execute a title application and a notice of the second or subsequent security interest; and the holder of the second or subsequent security interest shall forward such notice and title application, together with a $5.00 filing fee, by registered or certified mail, return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such second or subsequent security interest shall contain on its face instructions to the security interest holder or lienholder having custody of the certificate of title directing him within ten days to forward the notice, title application, and fee, together with the certificate of title, to the commissioner in order that the commissioner may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest holder or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The commissioner, upon receipt of a properly executed application notice, the fee, and the original certificate of title, shall enter the subsequent security interest on his records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this chapter. (b) If the holder of the second or subsequent security interest forwards by registered or certified mail the title application, notice of the second or subsequent security interest, and fee to the first security interest holder or lienholder who has custody of the certificate of title within ten days of the execution of that second or subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest holder or lienholder holding the certificate of title. The second or subsequent security interest holder shall retain the return Page 2145 registered or certified mail receipt as proof of perfection of his security interest under this Code section. (c) In the event the first security interest holder or lienholder holding the certificate of the title fails, refuses, or neglects to forward the title application, notice, fee, and original certificate of title to the commissioner as required by this Code section, the holder of the second or subsequent security interest may, on a form prescribed by the commissioner, make direct application to the commissioner. Such direct application to the commissioner shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the first security interest holder or lienholder. Upon receipt of such a direct application the commissioner shall order the first security interest holder or lienholder having custody of the certificate of title to forward the certificate of title to him for the purpose of having the second or subsequent security interest entered and a new certificate of title issued. If after a direct application of the commissioner and the order of the commissioner the first security interest holder or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner may cancel the outstanding certificate of title and issue a new certificate of title reflecting all security interests and liens, including the second or subsequent security interest, and this new certificate of title shall be delivered as provided for in this chapter. (d) No first security interest holder or lienholder having possession of the certificate of title shall have the validity of his security interest or lien affected by surrendering the certificate of title as provided for by this Code section. 40-3-53. (a) If the holder of any lien as defined in paragraph (7) of Code Section 40-3-2 (excepting the holder of a mechanic's lien, perfection of which is prescribed in Code Section 40-3-54) desires to perfect such lien against a vehicle, the lienholder shall, on the form prescribed by the commissioner, execute a title application and a notice of lien stating the type of lien and the specific vehicle against which the lien is claimed and shall forward such notice and title application, together with a $5.00 fee, either personally or by registered or certified mail, return receipt requested, to the person who has custody of Page 2146 the current certificate of title at the address shown on such certificate of title. If someone other than the owner is holding the certificate of title, a copy of the notice shall also be forwarded to the owner. The lien claimant shall retain the registered or certified mail receipt as proof of compliance with this Code section. (b) After receipt of the notice of lien, as specified in this Code section, neither the owner nor any other person shall take any action affecting the title other than as provided in this Code section. After receipt of the notice of lien, the person holding the certificate of title shall hold the notice of lien and attachments and the title for ten days. If, during the ten-day period following receipt of the notice, the claimed lien is satisfied, the lien claimant shall, on the form prescribed by the commissioner, notify the owner and the person holding the certificate of title of such satisfaction. The notice of satisfaction shall serve as a release and withdrawal of the pending notice of lien. If the owner or person holding the certificate of title chooses to contest the claimed lien, he shall so indicate on the notice of lien form and shall notify the other interested parties. If the notice contesting the lien is given, or if ten days have elapsed without the lien being satisfied, the person holding the certificate of title shall forward the certificate of title together with the notice of lien and attachments thereto to the commissioner in order that the commissioner may issue a new certificate of title and reflect on the new certificate of title the lien on the vehicle. The owner or the person who has custody of the current certificate of title shall comply with the instructions contained in the notice, and in the event he cannot do so he shall notify the lien claimant. The commissioner, upon receipt of a properly executed title application, notice, fee, and the current certificate of title, shall enter the lien on his records and shall issue a new certificate of title reflecting the lien and shall then deliver the certificate of title as provided for in this chapter. The lien shall be perfected at the time the lien notice, application for title, fee, and current certificate of title are received by the commissioner. (c) In the event that the person who has custody of the current certificate of title fails, refuses, or neglects to forward the title application, notice, fee, and current certificate of title to the commissioner as required in this Code section, the lien claimant may, if his lien has not been satisfied, on a form Page 2147 prescribed by the commissioner, make direct application to the commissioner. Such direct application to the commissioner shall have attached to it the return registered or certified mail receipt showing the previous mailing of the title application, fee, and notice to the person who has custody of the current certificate of title. Upon receipt of such a direct application, the commissioner shall order the person who has custody of the current certificate of title to forward the certificate of title to him for the purpose of having the lien entered and a new certificate of title reflecting the lien issued. If, after a direct application to the commissioner and after the order of the commissioner, the person who has custody of the current certificate of title continues to fail, refuse, or neglect to forward the certificate of title as provided in this Code section, the commissioner may cancel the current certificate of title and issue a new certificate of title reflecting all security interests and liens, and this new certificate of title shall be delivered as provided for in this chapter. In the event a direct application is made, the lien shall be perfected as of the date the outstanding certificate of title is canceled. (d) No security interest holder or lienholder having custody of the certificate of title shall have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this Code section. The first security interest holder or lienholder shall have the responsibility to advise a prospective transferee or security interest holder, upon inquiry, that a notice of subsequent lien has been received. Upon the issuing of a new certificate of title, the commissioner shall cancel the old certificate of title. (e) A lien perfected under this Code section shall be a lien only against the specific vehicle identified in the application for a new certificate. (f) A lien on a vehicle for which a certificate of title is required shall be perfected and shall be valid against subsequent transferees and holders of security interest and liens only by compliance with this Code section. The procedure contained in this chapter shall be the exclusive method for the perfection of liens on vehicles, and no lien shall be effective as to a vehicle unless so perfected. Page 2148 40-3-54. (a) All mechanics of every sort shall have a special lien on any vehicle required to have a certificate of title by Code Section 40-3-20 for work done, or for work done and materials furnished, or for materials furnished in repairing or servicing such vehicle. Perfection of the lien by recording shall be as provided in Code Section 40-3-53. The lien may be asserted by retention of the vehicle, and all contracts for repairs or service to vehicles shall be deemed to incorporate a right of retention by the mechanic to protect this lien until it is paid or satisfied through foreclosure as provided in this Code section. The lien may also be asserted by surrendering the vehicle, giving credit, and foreclosing the lien claim in the manner provided in this Code section. If he surrenders possession of the vehicle to the debtor, the mechanic shall record his claim of lien as provided in Code Section 40-3-53. Such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice before the work was done or material furnished. The validity of the lien against third parties shall be determined in accordance with this chapter. (b) If possession is retained or the lien recorded, the owner-debtor may contest the validity of the amount claimed to be due by making written demand upon the lienholder. If upon receipt of such demand the lienholder fails to institute foreclosure proceedings within ten days where possession has been retained, or within 30 days where possession has been surrendered, the lien is forfeited. (c) The lien shall be foreclosed in the following manner: (1) A person asserting the lien, either for himself or as a guardian, administrator, executor, or trustee, may move to foreclose it by making an affidavit to a court of competent jurisdiction showing all the facts necessary to constitute a lien under this Code section and the amount claimed to be due; (2) Upon such affidavit being filed, the clerk or a judge of the court shall serve notice upon the owner, the recorded lienholders and security interest holders, and the lessee, if any, of the vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists, and Page 2149 that such hearing must be petitioned for within five days after receipt of the 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; (3) If a petition for a hearing is filed within the time allowed, the court shall set a probable cause hearing within ten days of the filing of the petition. If, at the probable cause hearing, the court determines that reasonable cause exists to believe that a valid debt exists, the mechanic shall be given possession of the vehicle or the court shall obtain possession of the vehicle, as ordered by the court. The owner-debtor may retain possession of the vehicle by giving bond and security in the amount determined to be probably due and the costs of the action; (4) Within five days of the probable cause hearing, a 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 on the amount determined reasonably due shall be conclusively deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 30 days of the filing of the petition. Upon the filing of such petition by the defendant, neither the prosecuting mechanic nor the court may sell the vehicle, although possession of the vehicle may be retained; (5) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the vehicle subject to the lien to satisfy the debt if the debt is not otherwise immediately paid; (6) If the court finds the actions of the mechanic in retaining or seeking possession of the vehicle were not taken in good faith, the court, in its discretion, may award damages to the owner, the lessee, or any person deprived of the rightful use of the vehicle due to the deprivation of the use of the vehicle; Page 2150 (7) Any proceeding to foreclose a mechanic's lien on a vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention. 40-3-55. (a) The holder of any security interest in or lien on a vehicle may assign, absolutely or otherwise, his security interest or lien to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien, and the holder of the security interest or lien remains liable for any obligations as such holder until the assignee is named as the holder of the security interest or lien on the certificate of title. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the commissioner the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the commissioner prescribes. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest holder or lienholder as provided by this chapter, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued, by complying with Code Section 40-3-27. 40-3-56. (a) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the owner. For the purposes of the release of a security interest or lien the `holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release. (b) The owner may then forward the certificate of title, the release, the properly executed title application, and title application fee to the commissioner, and the commissioner shall release the security interest or lien on the certificate or issue a new certificate and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected Page 2151 on the certificate of title but the certificate of title is in the custody of the first security interest holder or lienholder as provided by this chapter, the release may be handled as provided in Code Section 40-3-27, and Code Section 40-3-26 shall otherwise be complied with. In the event that the lienholder or security interest holder is no longer in business, an individual shall not be required to submit a release to secure a new certificate of title. The owner shall be required to present to the commissioner certification from the appropriate regulatory agency that such lienholder or security interest holder is no longer in business. 40-3-57. The holder of any security interest or of any lien named in a certificate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certificate, or of an interested third party, or of the commissioner, disclose any pertinent information as to the security interest, the security agreement, and the debt secured thereby, and the lien and the amount for which it is claimed. 40-3-58. The method provided in this chapter of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under this chapter is exclusive, and such security interests and liens are exempt from the provisions of law which otherwise require or relate to the recording or filing of security interests or liens, claims of lien executions, and other like instruments with respect to such vehicles. 40-3-59. This chapter does not apply to or affect a security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale. A buyer in the ordinary course of trade from the manufacturer or dealer takes free of such security interest. ARTICLE 4 40-3-90. A person who, with fraudulent intent: (1) Alters, forges, or counterfeits a certificate of title; Page 2152 (2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed; (3) Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited; (4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title; (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27; or (6) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction shall be guilty of a felony. 40-3-91. (a) A person who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90; (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 40-3-27 or 40-3-52; or (4) Willfully violates any other provision of this chapter Page 2153 shall be guilty of a misdemeanor. (b) Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (c) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank. 40-3-92. A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the commissioner shall be guilty of a misdemeanor. 40-3-93. In a prosecution for a crime specified in this chapter, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge. 40-3-94. Unless another penalty is provided in this chapter: (1) A person convicted of a felony for the violation of a provision of this chapter shall be punished by a fine of not less than $500.00 nor more than $5,000.00, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment; (2) A person convicted of a misdemeanor for the violation of a provision of this chapter shall be punished as provided in Code Section 17-10-3. 40-3-95. The penal provisions of this chapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary thereto. Page 2154 Section 4 . Said title is further amended by striking Chapter 5, relating to drivers' licenses, in its entirety and inserting in lieu thereof a new Chapter 5 to read as follows: CHAPTER 5 ARTICLE 1 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) `Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391. (4) `Commissioner' means the commissioner of public safety. (5) `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. (6) `Department' means the Department of Public Safety. Page 2155 (7) `Disqualification of driver's license' means a prohibition against driving a commercial motor vehicle. (8) `Mail' means to deposit in the United States mail properly addressed and with postage prepaid. (9) `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. (10) `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 the cancellation. (11) `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. (12) `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 Page 2156 the expiration of the applicable period of time prescribed in this chapter. (13) `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. 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. For purposes of issuing a driver's operating record to the public as provided in paragraphs (1) and (2) of subsection (d) of this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest. (d) The department shall furnish a certified abstract of a driver's operating record under the following circumstances: Page 2157 (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 (3) In accordance with Article 7 of this chapter, 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. Page 2158 (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, 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. Page 2159 (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 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. 40-5-3. The commissioner shall cause designated employees of the department to be appointed as notaries public, in accordance with Chapter 17 of Title 45, for the purpose of performing Page 2160 the notarial acts required by this chapter, free of charge to applicants. 40-5-4. (a) The board is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the board in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section. (b) When duly promulgated and adopted, all regulations issued pursuant to this chapter shall have the force of law. 40-5-5. (a) The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States operating motor vehicles properly licensed and registered in their respective jurisdictions may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation in such other jurisdictions of their motor vehicles properly licensed and registered in this state. Notwithstanding any provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle drivers' licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions of this Code section. (b) The Governor or a commission appointed by him shall give proper publicity to the terms of every reciprocal agreement entered into by him pursuant to this chapter; and he is authorized and empowered to promulgate rules and regulations for observance and enforcement of the terms of such agreement, Page 2161 which rules and regulations shall have the force and effect of law. 40-5-6. (a) Whenever any person applies for or requests the issuance, reissuance, or renewal of any class of driver's license, the department shall furnish that person with a form, sufficient under Article 6 of Chapter 5 of Title 44, the `Georgia Anatomical Gift Act,' for the gift of all or part of the donor's body conditioned upon the donor's death. If any such person, legally authorized to execute such a gift, desires to execute a gift, the department shall provide that person with appropriate assistance and the presence of the legally required number of witnesses. (b) A notation shall be affixed to or made a part of every driver's license issued in this state indicating whether or not the licensee has executed, under Article 6 of Chapter 5 of Title 44, the `Georgia Anatomical Gift Act,' a gift, by will or otherwise, of all or part of his body conditioned upon the donor's death. ARTICLE 2 40-5-20. (a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. (b) No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being towed. (c) No person shall receive a driver's license unless and until he surrenders to the department all valid licenses in his possession issued to him by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned thereto, together with information that the person is Page 2162 licensed in this state. No person shall be permitted to have more than one valid driver's license at any time. (d) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipality, or local board or body having authority to adopt local police regulations. 40-5-21. (a) Except as provided in Article 7 of this chapter, the `Georgia Uniform Commercial Driver's License Act,' 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 Page 2163 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 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. (b) Notwithstanding any contrary provisions of Code Section 40-5-20 or subsection (a) of this Code section, a nonresident of this state who is attending a school in this state shall be exempt from the driver's licensing requirements of this chapter if and only if: (1) He or she is at least 16 years of age and has in his or her immediate possession a valid license issued to him or her in his or her home state or country; and Page 2164 (2) He or she is currently enrolled in a school in this state, has paid for the current period of enrollment the tuition charged by the school to nonresidents of Georgia, and has in his or her possession proof of payment of such tuition for such current period of enrollment. 40-5-22. (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 noncommercial 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. (b) The department shall not issue any driver's license to nor renew the driver's license of any person: (1) Whose license has been suspended during such suspension, or whose license has been revoked, except as otherwise provided in this chapter; (2) Whose license is currently under suspension or revocation in any other jurisdiction upon grounds which would authorize the suspension or revocation of a license under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him incapable of safely driving a motor vehicle; Page 2165 (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose license issued by any other jurisdiction is suspended or revoked by such other jurisdiction during the period such license is suspended or revoked by such other jurisdiction. 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 noncommercial 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 Page 2166 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; 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. 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 noncommercial 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 commercial or noncommercial 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 noncommercial 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 Page 2167 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 noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial 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 noncommercial 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. 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 Page 2168 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 Class P commercial drivers' 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, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no Page 2169 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 Article 7 of this chapter, the `Georgia Uniform Commercial Driver's License Act.' (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 identify, 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. 40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult. (b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 21 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 21 years of age, the holder of any such distinctive license may obtain a new license which shall not be distinctive. Such new license shall be obtained in the same manner and under the same conditions and limitations as are provided in Code Section 40-5-32, relating to renewals of licenses. Page 2170 40-5-27. (a) The department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his ability to understand official traffic-control devices, and his knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he desires a license to drive. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. (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 noncommercial Class A, B, or M license, shall be given at least once each month in each county of the state. 40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. 40-5-29. (a) Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle. (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection Page 2171 but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he produces in court a license theretofore issued to him and valid at the time of his arrest. 40-5-30. (a) Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The board may promulgate such rules and regulations as are necessary to implement this Code section. (b) The department may either issue a special restricted license or set forth such restrictions upon the usual license form. (c) The department, upon receiving satisfactory evidence of any violation of the restrictions of such license, may revoke the license, but the licensee shall be entitled to a hearing as upon a revocation under subsection (c) of Code Section 40-5-59. No person shall operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. 40-5-31. (a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee obtain a new permit or license upon furnishing proof satisfactory to the department that such permit or license has been lost or destroyed. A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. Page 2172 (b) The department and the officers in charge of state patrol stations shall issue a temporary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. (c) A temporary permit or license issued pursuant to this Code section shall be valid for 30 days but may be renewed in the event the applicant's new permit or license has not been received within such time. (d) Any person who falsely swears or falsely makes the oath provided for in subsection (b) of this Code section shall be guilty of a misdemeanor. 40-5-32. (a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his expired veteran's or honorary license as a souvenir. The board shall issue such rules and regulations as are required to enforce this subsection. (b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his eyesight as the department shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board may issue such rules and regulations as are necessary to implement this subsection. Page 2173 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. 40-5-34. (a) The commissioner is authorized to appoint a Driver License Advisory Board. (b) The Driver License Advisory Board shall advise the commissioner on medical criteria and vision standards relating to the licensing of drivers under this chapter. (c) If the department has cause to believe that a licensed driver or applicant may not be physically or mentally qualified to be licensed, it may obtain the advice of the Driver License Advisory Board. The Driver License Advisory Board may formulate its advice from records and reports or may cause an examination and report to be made by one or more members of the Driver License Advisory Board or any other qualified person it may designate. The licensed driver or applicant may cause a written report to be forwarded to the Driver License Advisory Board by a person of his choice who is licensed under Chapter 30 of Title 43 and Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders of humans. Such report shall be given due consideration by the Driver License Advisory Board. (d) Members of the Driver License Advisory Board and other persons making examinations shall not be held liable for their opinions and recommendations presented pursuant to subsection (c) of this Code section. (e) Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under subsection (c) of Code Section 40-5-59 and Code Section 40-5-66, and any person conducting an examination pursuant to subsection (c) of this Code Page 2174 section may be compelled to testify concerning his observations and findings in such proceedings. 40-5-35. (a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles. (b) All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the Board of Public Safety may report to the department the full name, date of birth, and address of any person with a handicap which would render such person incapable of operating a motor vehicle safely. (c) All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the Board of Public Safety may report to the department the full name, date of birth, and address of any person with a handicap which would render such person incapable of operating a motor vehicle safely. (d) The reports required by this Code section shall be confidential and shall be used solely for the purpose of determining the qualifications of any person to drive a motor vehicle on the highways of this state. No civil or criminal action may be brought against any person or agency for providing the information required in this Code section. The reports, or any reference to the reports, shall not be included in any abstract prepared pursuant to Code Section 40-5-2. (e) Reports received or made by the Driver License Advisory Board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the Driver License Advisory Board or the department and may not be divulged to any person or used as evidence in any civil or criminal trial, except Page 2175 that the reports may be admitted in proceedings conducted pursuant to this Code section and Code Section 40-5-66. (f) Whenever the department shall determine that a person is unqualified to be licensed, the department shall inform such person in writing and give him an opportunity to request a hearing, in writing, within 15 days. If no hearing is requested within the 15 day period as specified in this subsection, the right to this hearing shall be waived and the license of the person shall be revoked. The person may request an opinion of the Driver License Advisory Board as provided in subsection (c) of Code Section 40-5-34. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of this Code section. The scope of the hearing shall determine, upon evidence and testimony submitted, if the driver is competent to drive a motor vehicle as defined in this title. No driving privileges shall be revoked unless the department shows that the driver had disorders characterized by lapses of consciousness or other mental or physical disabilities affecting his ability to drive safely. The hearing shall be informal and an appeal shall be as provided for in Code Section 40-5-66. 40-5-36. (a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the board may issue regulations on types and classes of vehicles which may be operated by the holder of such license. (b) The board shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees. Page 2176 (c) Veterans' licenses may be issued to: (1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least five years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the national guard, during wartime or any conflict when personnel were committed by the President of the United States, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and (2) All members or former members of the national guard or reserve forces who have 20 or more years' creditable service therein. (d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by paragraph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or (2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is permanently disabled to the extent that he cannot operate a motor vehicle. (e) A distinctive license may be issued to any member of the Georgia National Guard in good standing who has completed at least one year of satisfactory service. The department shall have the authority to cancel the distinctive license of any person upon receipt of written notice from the adjutant general who shall notify the department that the person is no longer a member of the Georgia National Guard in good standing. Page 2177 ARTICLE 3 40-5-50. The department is authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof under this chapter or that the licensee failed to give the required or correct information in his application. 40-5-51. (a) The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department in like manner and for like cause as a driver's license issued under this chapter may be suspended or revoked. (b) The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident. (c) When a nonresident's operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides. 40-5-52. (a) The department shall suspend the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of his conviction in another state of an offense described in Code Section 40-5-54 or Code Section 40-6-391. (b) The department is authorized to suspend or revoke the license of any resident or the operating privilege of any nonresident upon receiving notice of the conviction of such person in another state of an offense other than those described in Code Section 40-5-54 or Code Section 40-6-391 which, if committed in this state, would be grounds for the suspension or revocation of a driver's license. (c) The department may give such effect to the conduct of a resident in another state as is provided by the laws of this state had such conduct occurred in this state. Page 2178 40-5-53. (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. (b) Except as provided in subsection (c) of this Code section, every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25 for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25 fee as additional compensation. (c) Every court in a county having a population of 300,000 or less according to the 1980 decennial census or any future such census having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding the report 25 for each report forwarded; and in those cases where the clerk receiving such 25 fee is compensated solely on a fee basis, the clerk shall retain such 25 fee as additional compensation. In those cases where the clerk receiving such 25 fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk. Page 2179 40-5-54. (a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title: (1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Manslaughter resulting from the operation of a vehicle; (3) Any felony in the commission of which a motor vehicle is used; (4) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; (5) Racing on highways and streets; (6) Using a motor vehicle in fleeing or attempting to elude an officer; or (7) Fraudulent or fictitious use of a license. (b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public Safety for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety within ten days from the date of conviction. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant. 40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.12 grams or more at any time within three hours after operating Page 2180 a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, 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 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, provided that both a blood and urine test shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities. (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 Page 2181 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 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. (d) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (e) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, Page 2182 the `Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. (f) Subject to the limitation of this subsection, any law enforcement officer who attends a hearing provided for by subsection (d) of this Code section for the purpose of giving testimony relative to the subject of the such hearing shall be compensated in the amount of $ 20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety shall provide by rules or regulations of said board. The Board of Public Safety shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form: IMPLIED CONSENT HEARING ATTENDANCE RECORD OFFICER:S.S.No. CASE: This is to certify that the police officer named above attended an implied consent hearing as a witness or complainant on the date and time shown above. HEARING OFFICER:TITLE: Page 2183 I certify that I appeared at the implied consent hearing described above on the date and time shown above and that I was not on regular duty at the time of attending the hearing and that I have not received and will not receive compensation from my regular employer for attending the hearing. Signature of officer: 40-5-56. (a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of this state or of any other state for a traffic violation other than a parking violation. The department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this chapter. (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the Department of Public Safety. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter. Page 2184 40-5-57. (a) The State of Georgia considers dangerous and negligent drivers to be a direct and immediate threat to the welfare and safety of the general public, and it is in the best interests of the citizens of Georgia immediately to remove such drivers from the highways of this state. Therefore, the department is authorized to suspend the license of a driver without a preliminary hearing upon a showing by the records of the department or other sufficient evidence that the licensee is a habitually dangerous or negligent driver of a motor vehicle, such fact being established by the point system in subsection (b) of this Code section. (b) For the purpose of identifying habitually dangerous or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the department shall assess points, as provided in subsection (c) of this Code section, for convictions of violations of the provisions of Chapter 6 of this title, of violations of lawful ordinances adopted by local authorities regulating the operation of motor vehicles, and of offenses committed in other states which if committed in this state would be grounds for such assessment. Notice of each assessment of points may be given, but the absence of notice shall not affect any suspension made pursuant to this Code section. No points shall be assessed for violating a provision of state law or municipal ordinance regulating standing, parking, equipment, size, and weight. The department is required to suspend the license of a driver, without preliminary hearing, when his driving record identifies him as a habitually dangerous or negligent driver or as a habitual or frequent violator under this subsection. (c) (1) (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 (B) The commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. A second or subsequent plea of nolo contendere, within the preceding five years, as measured from the dates of previous arrests for which pleas of nolo contendere were accepted to the date of the most current arrest for which a plea of nolo contendere is accepted, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points. (2) Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual's accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual's record if: Page 2186 (A) The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the commissioner has determined that such county or municipality was operating a radar speed detection device in violation of Chapter 14 of this title, relating to the use of radar speed detection devices; and (B) The commissioner has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Code Section 40-14-11. (d) Any person who has such points assessed against him as to require the suspension of his license pursuant to subsection (a) or (b) of this Code section shall have his license suspended as follows: (1) Upon a first assessment of the requisite points, the period of suspension shall be one year, provided that at any time after 60 days of suspension, such person may apply to the department for the return of his license; (2) For a second assessment of the requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, the period of suspension shall be three years, provided that at any time after 90 days of suspension, such person may apply to the department for the return of his license; and (3) For a third assessment of requisite points within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained, such person shall have his license suspended for a period of two years. Such person shall not be eligible for early return of his license or for a limited driving permit as provided in Code Section 40-5-64 during such two-year period. (e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, Page 2187 whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling. (f) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his license. 40-5-58. (a) As used in this Code section, `habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of: (1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395; (2) Singularly or in combination, any of the offenses described in paragraph (1) of this subsection. (b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Page 2188 Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the Department of Public Safety that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's copy of the uniform citation or the official notice of conviction attached thereto. (c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety has issued such person a driver's license or before the Page 2189 expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety has issued such person a driver's license shall be guilty of a misdemeanor. (d) Notwithstanding any contrary provisions of Code Section 17-7-95, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction. (e) (1) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61, such person may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license; (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter which resulted in the death or injury of any individual; (C) Such person has successfully completed, within six months prior to the issuance of the probationary driver's license, a driver improvement program or course, or an alcohol or drug treatment Page 2190 course or program, or both, designated by the department; (D) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (E) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (i) Going to his place of employment or performing the normal duties of his occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his driver's license or by the commissioner. (2) Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths. Page 2191 (3) Upon compliance with the above conditions and the payment of a $25.00 fee, such person may be issued a probationary driver's license by the department. (4) A probationary driver's license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the licensee may be allowed to operate a motor vehicle; (B) Routes to be followed by the licensee; (C) Times of travel; (D) The specific vehicles which the licensee may operate; and (E) Such other restrictions as the department may require. (5) A probationary driver's license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person. (6) (A) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor. Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony. (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 or any probationary licensee who is convicted Page 2192 of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (C) If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection. (D) Any person whose probationary driver's license has been revoked shall not be eligible to apply for a subsequent probationary license under this Code section for a period of five years. (7) Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with Chapter 13 of Title 50. (f) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his life, the person whose license was Page 2193 revoked shall not be entitled to a probationary license as set forth in this Code section. 40-5-59. (a) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, shall require him to submit to an examination at the nearest license examining facility within ten days of receipt of written notice from the department. Upon the conclusion of such examination, the department shall take action as may be appropriate and may revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions as permitted under Code Section 40-5-30 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to such examination shall be grounds for revocation of his license. (b) Notwithstanding the provisions of subsection (a) of this Code section, the department is authorized to revoke the license of a driver without a preliminary examination or hearing upon a recommendation by a court or prosecutor or upon a showing by the records of the department that the licensee is incapacitated by reason of disease, mental or physical disability, or addiction to alcohol or drugs to the extent that such person is incompetent to operate a motor vehicle. (c) Any person whose license is revoked pursuant to subsection (b) of this Code section thereafter shall be entitled to a hearing before the department upon receipt by the department of a written request therefor. Such hearing shall be held within 30 days of the receipt of such request. The person may request an opinion of the Driver License Advisory Board as provided for in subsection (c) of Code Section 40-5-34. The department may not grant any exceptions to any regulations issued pursuant to subsection (a) of Code Section 40-5-35. The scope of the hearing shall be to determine if the driver is competent to drive a motor vehicle. The hearing shall be informal and appeal shall be as provided for in Code Section 40-5-66. 40-5-60. All revocations and suspensions provided for in this chapter shall be effective on the day the driver receives actual knowledge or legal notice thereof, whichever occurs first. Page 2194 Notice of suspension by operation of law shall be considered legal notice. 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 may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling. 40-5-62. (a) Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his nonresident's operating privilege until: (1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual Page 2195 violator under Code Section 40-5-58, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or (2) Such time as any cause for revocation under subsection (b) of Code Section 40-5-59 has been removed. (b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked. 40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous 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, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of an approved defensive driving course or an approved basic alcohol or drug course and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a Page 2196 person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be considered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of an approved defensive driving course or an approved basic alcohol or drug course and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere 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 plea of nolo contendere is accepted, shall be considered and counted as convictions; or Page 2197 (3) Upon the third conviction of any such offense 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, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 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 plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the 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. (c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the Page 2198 department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (e) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. 40-5-64. (a) Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with subsection (d) of Code Section 40-5-57 or paragraph (1) of subsection (a) of Code Section 40-5-63, provided that such person has not had his driver's license suspended under Code Section 40-5-68. (b) Applications for limited driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this Code section, `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his place of employment or performing the normal duties of his occupation; Page 2199 (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver's license or by the commissioner. (d) A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; and (5) Such other restrictions as the department may require. (e) A permit issued pursuant to this Code section shall be $5.00 and shall be nonrenewable and shall become invalid upon the expiration of one year following the effective date of suspension of the applicant's driver's license, except that such limited driving permit shall expire upon the earlier reinstatement of the driver's license. A person convicted of Page 2200 such offense whose driver's license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit, immediately following such conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver's license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant's surrender to the department of his driver's license and the execution of a similar affidavit, or if he has lost his driver's license, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit. (f) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a limited driving permit in reliance on the truth of the affidavits required by this Code section. (g) (1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. (2) Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (h) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the Page 2201 department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (i) The board may promulgate such rules and regulations as are necessary to implement this Code section. (j) Any permittee who operates a motor vehicle in violation of any condition specified on the permit shall be guilty of a misdemeanor. 40-5-65. Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until the license is restored when and as permitted under this chapter. 40-5-66. (a) Except as provided in subsection (e) of Code Section 40-5-55 and subsection (h) of Code Section 40-5-64, any decision rendered by the department shall be final unless the aggrieved person shall desire an appeal. In such case, such person shall have the right to enter an appeal in the superior court of the county of his residence or in the Superior Court of Fulton County. Such appeal shall name the commissioner as defendant and must be filed within 30 days from the date the department enters its decision or order. The person filing the appeal shall not be required to post any bond nor to pay the costs in advance. (b) If the person so desires, the appeal may be heard by the judge at term or in chambers or by a jury at the first term. The hearing on the appeal shall be de novo, but no appeal shall act as a supersedeas of any orders or acts of the department. No person shall be allowed to operate any vehicle in violation of any suspension or revocation by the department while any such appeal is pending. 40-5-67. (a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law Page 2202 enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17. (b) At the time the law enforcement officer takes the driver's license, he shall issue a temporary driving permit to the person. This temporary driving permit shall be valid until the expiration of 180 days, or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed. (c) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section. (2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the person refused to submit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-5-55 unless the person can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55. Page 2203 40-5-68. (a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a certified and approved basic alcohol or drug course from an approved driver improvement clinic by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if the person submits proof of completion of a certified and approved basic alcohol or drug course from an approved driver improvement clinic and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (b) Any person whose driver's license has been suspended by operation of law as provided in subsection (a) of this Code section shall immediately return such license to the department. It shall be unlawful for any person to operate any motor vehicle in this state after such person's driver's license has been suspended under this Code section, if such person has not thereafter obtained a valid driver's license. 40-5-69. If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63 or Code Section 40-5-68, the fact that the person's driver's license was not surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension. 40-5-70. (a) In addition to any other punishment, the driver's license of a person convicted under subsection (a), (b), or (c) of Code Section 40-6-10 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. After the 60 day suspension period and when the person provides proof of having prepaid a six-month Page 2204 month minimum insurance policy and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail 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 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. (b) 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 Code Section 40-6-10 and a warrant shall issue for the arrest of such person. (c) For the purposes of mandatory suspension of a driver's license for a first violation of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the department for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section. (d) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a second or subsequent violation within a five-year period, as measured from date of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction was obtained, of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection (a), (b), or (c) of Code Section 40-6-10, or a finding of guilty shall be considered a conviction regardless Page 2205 of whether the sentence is suspended, probated, rebated, or revoked. 40-5-71. (a) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 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 the requirement of minimum motor vehicle insurance, 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. (b) (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. (2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained and to provide any other information relating to such insurance coverage requested by the department. (3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department. (c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Page 2206 Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection. (2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle. (3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that any owner whose driver's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall only pay a restoration fee and shall not be deemed to have violated Code Section 40-5-121. (4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $35.00 or $25.00 when such reinstatement Page 2207 is processed by mail to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle. (d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70 or 40-5-71 or as a result of a conviction under Code Section 40-6-10 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 for a restricted driving permit immediately following the conviction. (e) Applications for restricted driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant and the applicant's employer before a person authorized to administer oaths. (f) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment and subject to the following conditions: (1) The permittee may operate only a vehicle which is owned or leased by his employer; (2) The permittee may operate the vehicle only during the hours of employment; (3) There is in force a policy of liability insurance covering the driver of the vehicle or the driver of the vehicle is self-insured by the employer; and (4) Such other conditions as the Department of Public Safety may require. (g) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable. Page 2208 (h) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section. (i) Any permittee who is convicted of violating any provision relating to the requirement of maintaining minimum motor vehicle insurance coverage or is convicted of any other traffic offense for which the department may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (j) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (k) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. 40-5-72. (a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-5-71 immediately upon suspension and demand of the department to forward such items to the department. (b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the Page 2209 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. 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. (c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-5-71 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction. (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. 40-5-73. The provisions of Code Section 40-5-70, 40-6-10, and 40-6-11 shall not be applicable to persons operating vehicles which are not required to be registered or licensed in this state. ARTICLE 4 40-5-80. The purpose of this article, the `Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; to provide uniform educational and training programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators; and to suspend or revoke the licenses of those persons who do not respond to the rehabilitation programs. Page 2210 40-5-81. (a) This article is intended to provide an additional method for the restoration of the licenses of those persons whose drivers' licenses have been suspended or revoked pursuant to the laws of this state. Acceptance of the provisions of this article shall be voluntary on the part of each driver within this state, and no driver shall be compelled to participate in the driver improvement program established under this article. This article shall not affect the power of any court to require attendance at any course or driver improvement program to which the court could otherwise require attendance. Compliance with this article shall be an alternative method by which a driver may have his license restored after it has been suspended or revoked by the department and shall be in addition to the methods provided for the restoration of a driver's license or the issuance of a limited driving permit by Article 3 of this chapter. (b) Whenever any person is authorized or required to attend a driver improvement clinic or program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of his driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or program certified under this article; and no judicial officer, probation officer, law enforcement officer, or other officer or employee of a court shall specify, directly or indirectly, a particular driver improvement clinic or program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court from furnishing any person, upon request, the names of certified driver improvement clinics or programs. 40-5-82. (a) The Driver Improvement Program created by this article shall be administered by the commissioner of public safety. The Board of Public Safety is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway safety, the commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons knowledgeable Page 2211 in highway safety driving standards to participate in conjunction with the department in the development of local driver improvement programs and in conducting driver improvement classes. 40-5-83. (a) The commissioner shall establish criteria for the approval of driver improvement clinics and programs. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, a professional defensive driving course, a basic alcohol or drug course, an advanced alcohol or drug program, advanced professional alcohol or drug treatment, or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. No approved clinic shall charge a fee of more than $50.00 for a basic alcohol or drug course or an advanced alcohol or drug program. No approved clinic shall charge a fee of more than $50.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic by the department. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. (b) (1) The commissioner shall be authorized to enter into reciprocal agreements with the proper authorities in other states, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States. Reciprocal agreements shall only be made where the clinics, programs, and courses of such other jurisdictions meet or exceed the standards and requirements of clinics, programs, and courses in this state. The department shall accept certificates of completion of courses from clinics and programs which have been approved in such reciprocal agreements. Page 2212 (2) Driver improvement clinics, programs, and courses outside of the State of Georgia which have been approved in reciprocal agreements negotiated by the commissioner shall not be required to comply with the provisions of subsection (a) of this Code section. (c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. (d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. 40-5-84. (a) Except as otherwise provided, the license of any person whose license is suspended for the first time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated by the department upon receipt by the department of a certificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (b) The license of any person whose license is suspended for the second time as a result of the conviction of an offense listed in Code Section 40-5-54 shall, at the expiration of 120 days following the date the license is suspended, be reinstated Page 2213 by the department upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (c) The license of any person whose license is suspended for the first time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a cetificate of completion of an approved defensive driving course or an approved basic alcohol or drug course and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (d) The license of any person whose license is suspended for the second time as a result of the assessment of points pursuant to Code Section 40-5-57 shall be reinstated by the department immediately upon receipt by the department of a certificate of completion of an advanced defensive driving course or an approved advanced alcohol or drug course and the payment of a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. 40-5-85. (a) The license of any person whose license is suspended for the first time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63 or 40-5-68. (b) The license of any person whose license is suspended for the second time as a result of the commission of the offense of driving or being in actual physical control of a motor vehicle in violation of Code Section 40-6-391 shall be reinstated as provided in Code Section 40-5-63. 40-5-86. Upon the accumulation of eight points or more pursuant to Code Section 40-5-57, the total number of points accumulated by any driver shall be reduced by seven points upon the satisfactory completion by such driver of an approved defensive driving course or an approved basic alcohol or drug course and the submission of a certificate by such driver to the Page 2214 department. The provisions of this Code section shall be available one time only to each driver in any ten-year period. 40-5-87. The requirements and conditions of this article and the rules and regulations adopted pursuant to this article shall be the exclusive requirements for restoration of a license under this article or the issuance of a limited driving permit under this article. 40-5-88. As an alternative to criminal or other civil enforcements, the commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article. Page 2215 ARTICLE 5 40-5-100. (a) The Department of Public Safety shall issue personal identification cards to persons who do not have motor vehicle drivers' licenses and who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characterstics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and shall contain a recent color photograph of the applicant and include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. (b) The identification card shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. Page 2216 40-5-101. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented and administered. 40-5-102. The department shall require an applicant for an identification card to furnish a birth certificate or other verifiable evidence stating the applicant's birth date. 40-5-103. (a) The department shall collect a fee of $5.00 for the identification card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees. (b) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions of Code Section 40-5-36. 40-5-104. Any person who knowingly makes any false statement in an application for an identification card provided for by this article shall be guilty of a misdemeanor. ARTICLE 6 40-5-120. It is a misdemeanor for any person: (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 fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked, disqualified, or canceled; (3) To permit any unlawful use of a driver's license issued to him; or (4) To do any act forbidden or fail to perform any act required by this chapter. 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 Page 2217 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. (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. Page 2218 (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. 40-5-122. No person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this chapter or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this chapter. 40-5-123. No person shall cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized under this chapter or in violation of any of the provisions of this chapter. This Code section shall not apply to any vehicle not required to be registered by the laws of this state. 40-5-124. (a) Any person charged with an offense under this chapter may be tried in any municipal court of any municipality if the offense occurred within the corporate limits of such municipality. Such courts are granted the jurisdiction to try and dispose of such cases. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any person charged with an offense under this chapter shall be entitled to request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. (b) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter. Page 2219 40-5-125. It is a misdemeanor for any person to: (1) Use a false or fictitious name in any application for driver's license; (2) Lend his driver's license to any other person or permit knowingly the use thereof by another; or (3) Display or represent as his own any driver's license not issued to him. Any person convicted of violating this Code section shall be punished by a fine of not less than $200.00. 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. 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; Page 2220 (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 transportation 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 (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 Page 2221 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 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. Page 2222 (8) `Controlled substance' means any substance so defined under Code Section 16-13-21 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, or 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 actual 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 actual physical control of a motor vehicle anywhere in this state. (12) `Driver' means any person who drives, operates, or is in actual 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. (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. Page 2223 (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. (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. Page 2224 (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 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 Page 2225 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 (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 Page 2226 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 (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 Page 2227 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 noncommercial Class C license or has passed all required tests for the operation of a noncommercial 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 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 Page 2228 another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability 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. 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. Page 2229 (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 and except as provided in this Code section for public school bus drivers, 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; (8) The name of this state; Page 2230 (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 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; (2) Class BAny 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 CAny 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 designated 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 MA motorcycle as defined in Code Section 40-1-1; and (5) Class PA 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; Page 2231 (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, Page 2232 the written test for a hazardous materials endorsement must be taken and passed. 40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year: (1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54; (B) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391; or (C) Driving or being in actual physical 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; or (2) For 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. (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. Page 2233 (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 manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (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. Page 2234 (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 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 as provided 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: Page 2235 (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 more than $10.00. 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. Page 2236 (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. ARTICLE 8 40-5-170. 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. (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. 40-5-171. (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 Page 2237 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 (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. 40-5-172. (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 verfication of disability; and Page 2238 (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. 40-5-173. 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. 40-5-174. The face of the handicapped identification card shall bear the word `TRANSPORTATION' 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 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. 40-5-175. 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. Page 2239 40-5-176. The Board of Public Safety shall promulgate rules and regulations under which this article shall be implemented. 40-5-177. 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. 40-5-178. (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. 40-5-179. 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; (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 5 . Said title is further amended by striking Chapter 6, relating to the uniform rules of the road, in its entirety and inserting in lieu thereof a new Chapter 6 to read as follows: Page 2240 CHAPTER 6 ARTICLE 1 40-6-1. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. 40-6-2. No person shall 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. 40-6-3. (a) The provisions of this chapter relating to the operation of vehicles refer to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given Code section; (2) The provisions of this chapter shall apply to a vehicle operated at shopping centers or parking lots or similar areas which although privately owned are customarily used by the public as through streets or connector streets; (3) The provisions of this chapter relating to reckless driving, driving in violation of Code Section 40-6-391, and homicide by vehicle shall apply to vehicles operated upon highways and elsewhere throughout the state; (4) The provisions of Code Sections 40-6-270, 40-6-271, and 40-6-272 shall apply upon the highways of this state, in all parking areas, and in all areas which are customarily open to the public and within 200 feet of all such highways, parking areas, and areas customarily open to the public; and (5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-5-281 provided the owner of the private property files with the local law enforcement Page 2241 agency having primary jurisdiction to enforce the uniform rules of the road in such area: (i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and (ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property. (B) The local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency. (C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets. (D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law enforcement agency to enforce the rules of the road on said private property. (E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets specifying that state and local law enforcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas. (b) Notwithstanding the provisions of subsection (a) of this Code section, any law enforcement officer shall be authorized Page 2242 to write an accident report regarding any motor vehicle accident occurring on private property. 40-6-4. Every person riding an animal or driving an animal drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application. 40-6-5. Unless specifically made applicable, the provisions of this chapter, except those contained in Article 15 of this chapter, shall not apply to authorized persons, teams, motor vehicles, and other equipment while actually engaged in work upon a highway but shall apply to such persons and vehicles when traveling to or from such work. 40-6-6. (a) The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section. (b) The driver of an authorized emergency vehicle or law enforcement vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flashing Page 2243 or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section. 40-6-7. Notwithstanding any other provisions of law, it shall be lawful to operate motor vehicles and motorcycles in parades although such motor vehicles and motorcycles and their operators and passengers do not meet the necessary requirements of law, especially with respect to flashing lights, sirens, and safety equipment. This Code section shall be applicable only in the event that the local authority which has the power to issue parade permits, at its discretion, authorizes the operation of such motor vehicles and motorcycles after it has been determined that the operation of such motor vehicles and motorcycles will not endanger the lives, safety, or property of other participants in the parade, bystanders, or other persons. The authorization for vehicles to be operated in parades as exceptions to otherwise required provisions of law shall extend to only such time as the vehicles are actually engaged in the parade and in the return to the marshaling area. At all times, such vehicles shall be operated by a person properly licensed to operate such vehicles. Such motor vehicles and motorcycles covered under this Code section shall be operated in accordance with all provisions of law when traveling to and from a parade site and at all other times when not directly participating in a parade. 40-6-8. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Page 2244 chapter, or from otherwise regulating such use as may seem best to such owner. 40-6-9. (a) As used in this Code section, the term `speed limits' shall be construed to refer to and include stop lights, stop signs, slow signs, yield signs, and any and every other light, device, or sign which may be used to impede, slow, stop, or regulate the speed of motor vehicles on the public highways. (b) Any provisions of this chapter to the contrary notwithstanding, whenever any complaint is made to the Governor that any speed limit established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any speed limit established by the state or by any county or municipal governing authority is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the commissioner of public safety or his delegate who shall make a report thereon together with his recommendations as to whether the state should suspend the authority of the applicable local county or municipal governing authorities to enforce speed limits upon any state and federal highways lying within the jurisdiction of such authorities. Upon receipt of a report accompanied by recommendations that the power to enforce speed limits be restricted, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with notice of hearing on the allegations of the report made by the commissioner of public safety or his delegate. Such hearing may be held at such time and such place as may be determined by the Governor but shall not be held less than ten days after notice to the local governing authorities. Such hearing shall be conducted before a board to be composed of the Governor, the Secretary of State, and an appointee of the Governor who is not the Attorney General who shall be reimbursed for the actual and necessary expenses pertaining to their services on the board but who shall receive no other additional compensation for their services thereon. Upon determination by the board that the speed limits established by the county or municipal governing authorities against whom complaint has been brought are either unreasonable or that speed limits are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor Page 2245 shall issue his executive order suspending the power of such local governing authority to enforce speed limits on state or federal highways lying within its jurisdiction or on any particular such highway. In the event that this power is suspended, the Governor shall direct the commissioner of public safety to enforce the speed limits on such highways. (c) At intervals of not less than six months, any governing authority affected by subsection (b) of this Code section and by an executive order issued in accordance with subsection (b) of this Code section may, upon a change of circumstances being shown to the Governor, petition the Governor for reconsideration, whereupon the Governor, in his discretion, may direct the commissioner of public safety or his delegate to inquire into such change of circumstances and report the same to him together with any recommendations for modification of the Governor's previous order; and the Governor, in his discretion, may order a new hearing on the matter before the board or may, without hearing, modify or revoke his previous executive order. (d) Any provisions of this chapter to the contrary notwithstanding, when any complaint is made to the Governor that any traffic law, ordinance, or regulation, other than speed regulations for which provision has been made in subsection (b) of this Code section, established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any traffic law, ordinance, or regulation established by the state or by any county or municipal governing authority, other than speed regulations for which provision has been made in subsection (b) of this Code section, is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the commissioner of public safety or his delegate who shall make a report thereon together with his recommendations as to whether the state should suspend the authority of the applicable local county or municipal governing authorities to enforce traffic laws, ordinances, or regulations upon any state and federal highways lying within the jurisdiction of such authorities. Upon receipt of a report accompanied by recommendations that the power to enforce traffic laws, ordinances, and regulations be restricted, the Governor shall furnish a copy of such report to the local authorities Page 2246 affected thereby, together with notice of a hearing on the allegations of the report made by the commissioner of public safety or his delegate. Such hearing may be held at such time and at such place as may be determined by the Governor but shall not be less than ten days after notice to the local governing authorities. This hearing shall be conducted before a board to be composed of the Governor, the Secretary of State, and an appointee of the Governor who is not the Attorney General who shall be reimbursed for the actual and necessary expenses pertaining to their services on the board but who shall receive no other additional compensation for their services thereon. Upon the determination by the board either that traffic laws, ordinances, or regulations, other than speed regulations for which provision has been made in subsection (b) of this Code section, established by the county or municipal governing authority against whom complaint has been brought are unreasonable or that traffic laws, ordinances, or regulations established by the state or by any county or municipal governing authority are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order suspending the power of such local governing authority to enforce traffic laws, ordinances, and regulations on state or federal highways lying within its jurisdiction or on any particular such highway. In the event that this power is suspended, the Governor shall direct the commissioner of public safety to enforce the traffic laws and regulations on such highways. (e) At intervals of not less than six months, any governing authority affected by subsection (d) of this Code section and by an executive order issued in accordance with subsection (d) of this Code section may, upon a change of circumstances being shown to the Governor, petition the Governor for reconsideration, whereupon the Governor, in his discretion, may direct the commissioner of public safety or his delegate to inquire into such change of circumstances and report the same to him together with any recommendations for modification of the Governor's previous executive order; and the Governor, in his discretion, may order a new hearing on the matter before the board or may, without hearing, modify or revoke his previous executive order. 40-6-10. (a) (1) The owner or operator of a motor vehicle shall keep proof or evidence of required minimum Page 2247 insurance coverage 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 required minimum insurance coverage. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage 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 required minimum insurance coverage 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 required 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. (4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage 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 Page 2248 approved plan of self-insurance 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. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 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. 40-6-11. (a) For the purposes of this Code section, `motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped. (b) Except as provided in subsections (c), (d), and (e) of this Code section, the provisions of this chapter shall not apply to the operation of motorcycles. (c) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (d) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection. Page 2249 (e) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator. 40-6-12. (a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation. 40-6-13. Any court having jurisdiction to try and dispose of traffic offenses shall have jurisdiction to try and dispose of the misdemeanor offenses provided for in Code Sections 40-6-10 and 40-6-11. Such jurisdiction shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such offenses. ARTICLE 2 40-6-20. (a) The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. (b) No provisions of this chapter which require official traffic-control devices shall be enforced against an alleged violator if at the time and place of the alleged violation an official device was not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular Code section does not state that official traffic-control devices Page 2250 are required, such Code section shall be effective even though no devices are erected or in place. (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (d) Any official traffic-control device placed pursuant to this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (e) The disregard or disobedience of the instructions of any official traffic-control device or signal placed in accordance with the provisions of this chapter by the driver of a vehicle shall be deemed prima-facie evidence of a violation of law, without requiring proof of who and by what authority such sign or device has been erected. 40-6-21. (a) The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals: (1) Green indications shall have the following meanings: (A) Traffic, except pedestrians, facing a CIRCULAR GREEN may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited; (B) Traffic, except pedestrians, facing a GREEN ARROW, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall Page 2251 yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; (C) Unless otherwise directed by a pedestrian signal, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk; (2) Steady yellow indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection; (B) Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal, unless otherwise directed by a pedestrian signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway; (3) Steady red indications shall have the following meanings: (A) Traffic, except pedestrians, facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to proceed is shown, except as provided in subparagraphs (B), (C), and (D) of this paragraph; (B) When a sign is in place permitting a turn, traffic, except pedestrians, facing a steady CIRCULAR RED signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as Page 2252 provided in subparagraph (A) of this paragraph. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; (C) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a right turn but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn; (D) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a left turn from the left-hand lane of a one-way street onto a one-way street on which the traffic moves toward the driver's left but shall yield the right of way to pedestrians and other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such left turn; (E) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway; (F) Traffic, except pedestrians, facing a steady RED ARROW indication may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to make the movement indicated by such arrow is shown; Page 2253 (G) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall not enter the roadway. (b) In the event an official traffic-control device signal is erected and maintained at a place other than an intersection, the provisions of this Code section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but, in the absence of any such sign or marking, the stop shall be made at the signal. 40-6-22. Whenever special pedestrian-control signals exhibiting the words WALK or DON'T WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows: (1) Flashing or steady WALK Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall yield the right of way to such pedestrians; (2) Flashing or steady DON'T WALK No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DON'T WALK signal is showing. 40-6-23. Flashing signal indications shall have the following meanings: (1) Flashing red (stop signal) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; Page 2254 (2) Flashing yellow (caution signal) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. 40-6-24. When lane direction control signals are placed over the individual lanes of a street or road, vehicular traffic may travel in any lane over which a green signal is shown but shall not enter or travel in any lane over which a red signal is shown, provided that a vehicle may enter a lane over which a yellow or amber signal is shown for purposes of making a left turn only. 40-6-25. (a) No person shall place, maintain, or display upon or in view of any highway any sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal. (b) No person shall maintain or place nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (c) This Code section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (d) Every such prohibited sign, signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove it or cause it to be removed without notice. 40-6-26. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon or any other part thereof. (b) No person shall, without lawful authority, drive around or through or ignore any official traffic-control device so Page 2255 as to go onto an officially closed highway or road or onto a section of highway or road before it has been officially opened to the public. This Code section shall not apply to police officers in the performance of their duties, to individuals domiciled or making their livelihood within the affected area, or to any person authorized to be in the affected area by the appropriate municipal, county, or state officer. ARTICLE 3 40-6-40. (a) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When an obstruction exists making it necessary to drive to the left of the center of the highway, provided that any person so doing shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such a distance as to constitute an immediate hazard; (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway restricted to one-way traffic. (b) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (c) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center of the roadway except when authorized by official traffic-control devices Page 2256 designating certain lanes to the left of the center of the roadway for use by traffic not otherwise permitted to use such lanes or except as permitted under paragraph (2) of subsection (a) of this Code section. However, this subsection shall not be construed as prohibiting the crossing of the center of the roadway in making a left turn into or from an alley, private road, or driveway. (d) No two vehicles shall impede the normal flow of traffic by traveling side by side at the same time while in adjacent lanes, provided that this Code section shall not be construed to prevent vehicles traveling side by side in adjacent lanes because of congested traffic conditions. 40-6-41. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and, upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway or as nearly one-half as possible. 40-6-42. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules stated in this article: (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 40-6-43. (a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: Page 2257 (1) When the vehicle overtaken is making or about to make a left turn; or (2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle. (b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway. 40-6-44. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle shall return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle. 40-6-45. (a) No vehicle shall be driven on the left side of a roadway designed and authorized for traffic traveling in opposite directions under the following conditions: (1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing; or (3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel. Page 2258 (b) The foregoing limitations shall not apply upon a oneway roadway nor under the conditions described in paragraph (2) of subsection (a) of Code Section 40-6-40 nor to the driver of a vehicle turning left into or from an alley, private road, driveway, or roadway. 40-6-46. (a) The Department of Transportation and local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left side of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones and, when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. Such no-passing zones shall be clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line or by a solid double yellow line. (b) Where signs or markings are in place to define a no-passing zone as set forth in subsection (a) of this Code section, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (c) This Code section does not apply under the conditions described in paragraph (2) of subsection (a) of Code Section 40-6-40 nor to the driver of a vehicle turning left into or from an alley, private road, or driveway. 40-6-47. (a) The Department of Transportation and local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all of such times as shall be indicated by official traffic-control devices. (b) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices. Page 2259 (c) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. 40-6-48. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent with this Code section, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; (2) Upon a roadway which is divided into three lanes, and provides for two-way movement of traffic, with two lanes in one direction, a vehicle being driven in a continuous or center lane shall have the right of way when overtaking and passing another vehicle traveling in the same direction; (3) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices or road striping; (4) Official traffic-control devices may be erected directing specified traffic, including but not limited to buses or trucks, to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device; and (5) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. Page 2260 40-6-49. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor vehicle which is drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle. (c) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This subsection shall not apply to funeral processions, parades, or other groups of vehicles if such groups of vehicles are under the supervision and control of a law enforcement agency. (d) Vehicles which approach from the rear any other vehicle or vehicles stopped or slowed to make a lawful turn shall be deemed to be following for purposes of this Code section. 40-6-50. (a) As used in this Code section, the term `gore' means the area of convergence between two lanes of traffic. (b) Every vehicle driven on a divided highway shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any dividing space, barrier, gore, paved shoulder, or section separating the roadways of a divided highway; except that a vehicle may be driven through an opening in such physical barrier or dividing space or at an established crossover or intersection unless specifically prohibited by an official sign, signal, or control device. No person shall drive a vehicle onto or from any controlled-access roadway Page 2261 except at such entrances and exits as are established by public authority. No vehicle shall be driven in an emergency lane except in the event of an actual emergency. 40-6-51. (a) The Department of Transportation by order and local authorities by ordinance may regulate or prohibit the use of any controlled-access roadway within their respective jurisdictions by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. (b) The Department of Transportation or the local authority adopting any such prohibition shall erect and maintain official traffic-control devices on the controlled-access highway on which such prohibitions are applicable, and when such devices are in place no person shall disobey the restrictions stated thereon. (c) For purposes of this Code section, roadways within the jurisdiction of the Department of Transportation and roadways within the jurisdiction of local authorities shall be as set forth in Code Section 32-4-1. 40-6-52. (a) As used in this Code section, the term `truck' means any vehicle equipped with more than six wheels. (b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other than the two most right-hand lanes, except when the truck is preparing for a left turn. (c) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in the left-hand lane, except when the truck is actually overtaking and passing another vehicle or preparing for a left turn. ARTICLE 4 40-6-70. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the Page 2262 right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on his right or left. (b) The right of way rule declared in subsection (a) of this Code section is modified at through highways and otherwise as stated in this chapter. 40-6-71. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 40-6-72. (a) Preferential right of way may be indicated by stop signs or yield signs as authorized in Code Section 32-6-50. (b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways. (c) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another Page 2263 roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. If such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collission shall be deemed primafacie evidence of his failure to yield the right of way. 40-6-73. The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed. 40-6-74. (a) Upon the immediate approach of an authorized emergency vehicle or a vehicle belonging to a federal, state, or local law enforcement agency making use of an audiable signal and visual signals meeting the requirements of Code Section 40-6-6, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer. (b) This Code section shall not operate to relieve the driver of the authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 40-6-75. (a) The driver of a vehicle shall yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic-control devices. (b) The driver of a vehicle shall yield the right of way to an authorized vehicle actually engaged in work upon a highway whenever such vehicle displays flashing or revolving amber lights and has a permit to use such amber lights. 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 Page 2264 unless led by a state or local law 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 or law enforcement vehicle giving an audible and visual signal; and (2) Operators of vehicles in a funeral procession shall yield the right of way when directed to do so by a traffic officer. (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 or law enforcement vehicle giving an audible and visual 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 thereof, shall be punished by a fine not to exceed $100.00. Page 2265 ARTICLE 5 40-6-90. (a) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him, unless otherwise directed by a police officer. (b) Pedestrians shall be subject to traffic and pedestrian control signals as provided in Code Sections 40-6-21 and 40-6-22. (c) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. 40-6-91. (a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be so to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield. (c) Subsection (a) of this Code section shall not apply under the conditions stated in subsection (b) of Code Section 40-6-92. (d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 40-6-92. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway. Page 2266 (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing. (c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. 40-6-93. Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person. 40-6-94. The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog. 40-6-95. A person who is under the influence of intoxicating liquor or any drug to a degree which renders him a hazard shall not walk or be upon any roadway or the shoulder of any roadway. Violation of this Code section is a misdemeanor and is punishable upon conviction by a fine not to exceed $500.00. 40-6-96. (a) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking along and upon a highway shall walk only on the shoulder, as far as practicable from the edge of the roadway. Page 2267 (c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk only on the left side of the roadway. (d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway. (e) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. (f) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. 40-6-97. (a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) No person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. 40-6-98. No vehicle shall at any time be driven through or within a safety zone. 40-6-99. (a) Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of Code Section 40-8-94, and visual and audible signals meeting the requirements of Code Section 40-6-6 or a vehicle belonging to a federal, state, or local law enforcement agency making use of visual and audible signals meeting the requirements of Code Section 40-6-6, every pedestrian shall yield the right of way to the authorized emergency vehicle or law enforcement vehicle. Page 2268 (b) This Code section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian. ARTICLE 6 40-6-120. (a) The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; (2) Left turn. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme lefthand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered. (b) The Department of Transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections or other locations and thereby require and direct that a different course from that specified in this Code section be traveled by turning vehicles, and when such devices are so placed, no driver of a vehicle shall turn a vehicle other than as directed and required by such devices. 40-6-121. No vehicle shall be turned so as to proceed in the opposite direction: (1) Upon any curve; (2) Upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of another vehicle approaching from either direction; Page 2269 (3) Where such turn cannot be made in safety and without interfering with other traffic; or (4) Where a prohibition is posted. 40-6-122. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. 40-6-123. (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner provided in this Code section. (b) A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction. (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this Code section to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal. (d) The signals provided for in subsection (b) of Code Section 40-6-124 shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or `do pass' signal to operators of other vehicles approaching from the rear. 40-6-124. (a) Any stop or turn signal when required in this chapter shall be given either by means of the hand and arm or by signal lights, except as otherwise provided in subsection (b) of this Code section. Page 2270 (b) Any motor vehicle in use on a highway shall be equipped with, and a required signal shall be given by, signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds 24 inches or when the distance from the center of the top of the steering post to the rear limits of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle and also to any combination of vehicles. 40-6-125. All signals required by this article when given by hand and arm shall be given from the left side of the vehicle in the following manner and shall indicate as follows: (1) Left turn, hand and arm extended horizontally; (2) Right turn, hand and arm extended upward; (3) Stop or decrease speed, hand and arm extended downward. ARTICLE 7 40-6-140. (a) Whenever any person driving a vehicle approaches a railraod grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he can do so safely, when: (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train; or (3) An approaching train is plainly visible and is in hazardous proximity to such crossing. (b) No person shall drive any vehicle through, around, or under any corssing gate or barrier at a railraod crossing while such gate or barrier is closed or is being opened or closed. Page 2271 40-6-141. The Department of Transportation and local authorities with the approval of the department are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. 40-6-142. (a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire or of any school bus carrying any school child or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely. After stopping as required in this Code section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks. (b) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed. 40-6-143. (a) No person shall operate or move a crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railraod grade crossing without first complying with this Code section. (b) Notice of any such intended crossing shall be given to a station agency of such railroad and a reasonable time shall be given to such railroad to provide proper protection at such crossing. Page 2272 (c) Before making any such crossing, the person operating or moving any such vehicle or equipment shall first stop it not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely. (d) No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. 40-6-144. The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway. ARTICLE 8 40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate: (1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; or (2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 65 miles per hour. Page 2273 (b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and is not loading or unloading children during such transportation, the speed limit shall be 65 miles per hour on other public roads as well as on those public roads which are a part of the National System of Interstate and Defense Highways. 40-6-161. It shall be unlawful to operate any school bus which is transporting children unless the headlights on such school bus are illuminated. 40-6-162. A school bus driver shall actuate the visual signals required by Code Sections 40-8-111 and 40-8-115 whenever, but only whenever, the school bus is stopped on the highway for the purpose of receiving or discharging school children. A school bus driver shall not actuate the visual signals: (1) At intersections or other places where traffic is controlled by traffic-control signals or police officers; or (2) In designated school bus loading areas where the bus is entirely off the roadway. 40-6-163. (a) Except as provided in subsection (b) of this Code section, the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. (b) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway, or upon a controlled-access highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (c) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of Page 2274 the offending vehicle, and time and place of occurrence on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred. 40-6-164. After stopping to allow children to disembark from the bus, it shall be unlawful for the driver of the school bus to proceed until all children who need to cross the roadway have done so safely. Any driver willfully violating this Code section shall be guilty of a misdemeanor. ARTICLE 9 40-6-180. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. 40-6-181. (a) The limits specified in this Code section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180. (b) No person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residential district; (2) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed; Page 2275 (3) Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; and (4) Fifty-five miles per hour in other locations. (c) The maximum speed limits set forth in this Code section may be altered as authorized in Code Sections 40-6-182 and 40-6-183. 40-6-182. Whenever the commissioner of public safety or the commissioner of transportation shall determine upon the basis of an engineering and traffic investigation that any maximum speed set forth in this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, they may jointly determine and declare a reasonable and safe maximum speed limit at such place, which shall be effective when appropriate signs giving notice thereof are erected. Such a maximum speed limit may be declared to be effective at all times as are indicated upon such signs; and differing limits may be established for different times of day, different varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. In no case shall the maximum speed limit for any highway be established at higher than the maximum speed limits set forth in Code Section 40-6-181 for that type of highway. 40-6-183. (a) Whenever the governing authority of an incorporated municipality or county, in its respective jurisdiction, determines on the basis of an engineering and traffic investigation that the maximum vehicle speed permitted under this chapter is greater than is reasonable and safe under the conditions found to exist upon a highway or part of a highway under its jurisdiction, such authority may determine and declare a reasonable and safe maximum vehicle speed limit thereon which: (1) Decreases the limit at intersections; Page 2276 (2) Decreases the limit outside an urban or residential district, but not to less than 30 miles per hour; (3) Decreases the limit within an urban or residential district, but not to less than 25 miles per hour; or (4) Decreases any speed limit where a special hazard or condition exists that requires lower speed for compliance with Code Section 40-6-180. (b) Such an authority in its respective jurisdiction shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum speed limit thereon which may be greater or less than the maximum speed permitted under this chapter for an urban district, but in no case shall the maximum be established at higher than 55 miles per hour. (c) Any altered limit established as authorized in this Code section shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway. (d) Not more than six alterations as authorized in this Code section shall be made per mile along a street or highway, except in the case of reduced limits at intersections. The difference between adjacent limits shall not be more than ten miles per hour, except for reductions for school speed zones, which may be not more than 20 miles per hour when a warning sign is placed 700 feet in advance of the point at which the speed reduction is required. 40-6-184. (a) (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. (2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he Page 2277 is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn. (b) Whenever the commissioner of public safety or the commissioner of transportation or local authorities determine on the basis of any engineering and traffic investigation that slow speeds on any part of a road under their respective jurisdictions impede the normal and reasonable movement of traffic, such commissioners jointly, or such local authorities, may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation, and that limit shall be effective when posted upon fixed or variable signs. 40-6-185. (a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is posted as provided in this Code section. (b) The Department of Transportation may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and, if it shall thereupon find that such structure cannot, with safety to itself, withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure. (c) Upon the trial of any person charged with a violation of subsection (a) of this Code section, proof of determination of the maximum speed by the department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. 40-6-186. (a) As used in this Code section, the term: Page 2278 (1) `Drag race' means the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit. (2) `Racing' means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. (b) No person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test or physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed. (c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor. In addition to the punishment prescribed by law, the Department of Public Safety shall suspend for 12 months the license of any person convicted of such violation. 40-6-187. In every charge of violation of any speed regulation in this chapter, the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable within the district or at the location. ARTICLE 10 Part 1 40-6-200. (a) Except as otherwise provided in this Code section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels Page 2279 parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the Department of Transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (d) The department, with respect to highways under its jurisdiction, may place signs prohibiting, restricting, or limiting the stopping, standing, or parking of vehicles on any highway where, in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs, and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs. 40-6-201. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, effectively setting the brake, and, when the vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway. 40-6-202. Outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park, or so leave such vehicle off the roadway; but in every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, Page 2280 and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway. 40-6-203. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall: (1) Stop, stand, or park a vehicle: (A) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (B) On a sidewalk; (C) Within an intersection; (D) On a crosswalk; (E) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; (F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (H) On any railroad tracks; (I) On any controlled-access highway; (J) In the area between roadways of a divided highway, including crossovers; or (K) At any place where official signs prohibit stopping; (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: Page 2281 (A) In front of a public or private driveway; (B) Within 15 feet of a fire hydrant; (C) Within 20 feet of a crosswalk at an intersection; (D) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway; (E) Within 20 feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly posted); or (F) At any place where official signs prohibit standing; or (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (A) Within 50 feet of the nearest rail of a railroad crossing; or (B) At any place where official signs prohibit parking. (b) No person shall move a vehicle not lawfully under his control into any prohibited area or to such a distance away from the curb as is unlawful. 40-6-204. Code Sections 40-6-200, 40-6-202, and 40-6-203 shall not apply to the driver of any vehicle which is disabled while on the roadway in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. 40-6-205. No driver shall enter an intersection unless there is sufficient space on the other side of the intersection to accommodate the vehicle he is operating without obstructing Page 2282 the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. 40-6-206. (a) Whenever any police officer finds a vehicle in violation of any of the provisions of Code Section 40-6-202, such officer is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move it to a position off the roadway. (b) Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, or causeway or in any tunnel. (c) Any police officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when: (1) Report has been made that such vehicle has been stolen or taken without the consent of its owner; (2) The person or persons in charge of such vehicle are unable to provide for its custody or removal; (3) The person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; (4) Any such vehicle has been left unattended for 24 hours or more; or (5) Such vehicle is stopped, except when traffic congestion makes movement impossible, on a controlled-access highway which is part of the National System of Interstate and Defense Highways, for more than eight hours, unless such vehicle constitutes a traffic hazard, in which case it may be removed immediately. (d) Because uninsured vehicles pose a threat to the public safety and health, any law enforcement officer is authorized to remove or cause to be removed to the nearest garage or other place of safety the vehicle of a person who is charged under subsection Page 2283 (a) or (b) of Code Section 40-6-10 if such person admits to the law enforcement officer that there is no insurance in effect on the vehicle or if the law enforcement officer verifies that the proof of insurance provided by such person is fraudulent. 40-6-207. (a) The owner of any motor vehicle leased to another shall not be liable for a state, county, or municipal traffic or parking violation occurring while such leased vehicle was not in the owner's possession or control, if upon notice of the violation the owner notifies the clerk of the court in which the case is pending of the name and address of the lessee of the vehicle on the date the violation occurred. If the owner fails to submit the notice, the court in which the case is heard may find the owner of the motor vehicle liable for the violation. (b) After providing the name and address of the lessee, the owner shall not be required to attend a hearing on the offense, unless notified that the offense occurred through a mechanical failure of the vehicle which resulted from the owner's failure to maintain the vehicle. (c) The owner of any leased vehicle shall be liable for any violation which was caused by the owner's failure to maintain the vehicle properly. The lessee claiming the violation resulted from the owner's failure to maintain the vehicle properly shall notify the clerk of the court in which the case is pending along with the owner of the vehicle of the claim within seven days after receiving notice of the violation or at least ten days prior to the date the case will be heard by the court, whichever is later. Part 2 40-6-220. This part shall be known and may be cited as the `Handicapped Parking Law.' 40-6-221. As used in this part, the term: (1) `Counterfeit' means any copy of any kind of handicapped parking permit which is not authorized by and does not carry the official seal of the Department of Public Safety. Page 2284 (2) `Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows: (A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: `Permit Parking Only,' `Tow-Away Zone,' or the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state; or (B) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words `Tow-Away Zone' or `Handicapped Parking Only' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph. (3) `Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (4) `Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. (5) `Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days. Page 2285 (6) `Ramp' shall mean, in addition to any other specified meanings: (A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and (B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted. (7) `Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days. 40-6-222. (a) The Department of Public Safety shall issue handicapped parking permits at every place where it issues drivers' licenses. The department shall also receive applications for and issue handicapped parking permits by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he is operating or in which he is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport handicapped individuals. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport handicapped individuals. (b) The department shall issue a temporary permit to any temporarily handicapped person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped person and stating a date until which such person is likely to remain handicapped. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date Page 2286 specified by the physician for the likely termination of the handicap, which date shall not be more than 180 days after the date the permit is issued. (c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently handicapped person. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of handicapped individuals, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. (d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a handicapped parking place without the necessity of obtaining a handicapped parking permit pursuant to this part. (e) The department shall issue a special permanent permit to any person who: (1) Because of a physical handicap drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this Page 2287 part relating to, other permanent handicapped parking permits and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit: `Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.' 40-6-223. The Department of Public Safety shall not charge or collect any fee for issuing handicapped parking permits under this part. 40-6-224. State and local authorities shall honor visitors' out-of-state handicapped license plates and similar special parking permits on the same basis as handicapped license plates and special parking permits issued within this state. 40-6-225. 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 Parkingnonambulatory 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 Page 2288 and who is dependent upon crutches, a walker, or wheelchair for locomotion. 40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222. (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. (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 40-6-225 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. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a handicapped parking place which area is clearly designed and designated for access to such handicapped parking place. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit. (d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit or Page 2289 specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the vehicle for which the permit has been issued. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by handicapped persons on public or private property. (f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not more than $100.00 for a first offense, not less than $100.00 and not more than $200.00 for a second offense, and not less than $200.00 and not more than $500.00 for a third or subsequent offense. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place which is marked by a sign bearing the words `Tow-Away Zone' as described in paragraph (2) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide handicapped parking places shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (2) of Code Section 40-6-221 and upon failure so to designate each such handicapped parking place shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places on his property within such 14 days he shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to Page 2290 comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner. 40-6-227. The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly authorized to enforce the provisions of this part on private property as well as on public property. 40-6-228. (a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been convicted of a felony, and is a handicapped person as defined in paragraph (3) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section. (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or: (1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; Page 2291 (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws; provided, however, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or (5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the handicapped parking laws of the state. (c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipality, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-226. ARTICLE 11 40-6-240. (a) A driver shall not back a vehicle unless such movement can be made with safety and without interfering with other traffic. (b) A driver of a vehicle shall not back a vehicle upon any shoulder or roadway of any controlled-access highway. 40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that the proper use of a radio, citizens band radio, or mobile telephone shall not be a violation of this Code section. 40-6-242. (a) No person shall drive a vehicle when it is so loaded or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. Page 2292 (b) No passenger in a vehicle shall ride in such position or commit any act as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle. 40-6-243. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 40-6-244. No driver of a motor vehicle shall allow a person or persons to occupy a towed house trailer while it is being towed by a motor vehicle upon a public highway. 40-6-245. The driver of a vehicle traveling through a defile or canyon or on a mountain highway shall hold such vehicle under control and as near the right-hand edge of the highway as reasonably possible and, except when driving entirely to the right of the center of the roadway, shall give audible warning with the horn of such vehicle upon approaching any curve where the view is obstructed within a distance of 200 feet along the highway. 40-6-246. (a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears ro transmission of such vehicle in neutral. (b) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged. 40-6-247. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm or any other emergency vehicle closer than 200 feet and shall not park such vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm. 40-6-248. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without consent of the fire department official in command. Page 2293 40-6-249. A person littering a highway in violation of Part 2 of Article 2 of Chapter 7 of Title 16, the `Litter Control Law,' shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Code Section 16-7-43. 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 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. 40-6-251. (a) No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage. (b) The offenses described in this Code section shall be sufficiently identified on any traffic ticket, warrant, accusation, or indictment when referred to as `laying drags.' (c) This Code section shall not apply to drivers operating vehicles in or on any raceway, drag strip, or similar place customarily and lawfully used for such purposes. (d) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor. 40-6-252. (a) No person shall, after having been requested not to do so by a law enforcement officer or an authorized agent of the owner, park or stand an occupied or unoccupied motor vehicle in or repeatedly drive a motor vehicle through or within a parking area located on privately owned property and provided by a merchant, group of merchants, or shopping center or other facility for customers if: Page 2294 (1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 150 parking spaces, each such sign containing the following information in easy to read printing: (A) Notice of this Code section; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified; (B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: Page 2295 (1) Not to exceed $50.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; and (3) Not to exceed $150.00 for the third or subsequent such offense. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine: (1) Not to exceed $50.00 for the first such violation; (2) Not to exceed $100.00 for the second such violation; and (3) Not to exceed $150.00 for the third or subsequent such violation. ARTICLE 12 40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: (1) Give his name and address and the registration number of the vehicle he is driving; (2) Upon request and if it is available, exhibit his operator's license to the person struck or the driver or occupant of or person attending any vehicle collided with; and (3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical Page 2296 treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person. The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary. (b) If such accident is the proximate cause of death or a serious injury as defined in Code Section 33-34-2, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) (1) If such accident is the proximate cause of an injury other than a serious injury as defined in Code Section 33-34-2 or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which Page 2297 fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. 40-6-271. (a) The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place on the vehicle struck a written notice giving the name and address of the driver and the owner of the vehicle doing the striking. (b) Any person who fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor. 40-6-272. The driver of any vehicle involved in an accident resulting only in damage to a fixture legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration Page 2298 number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's license. 40-6-273. The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $250.00 or more shall immediately, by the quickest means of communication, give notice of such accident to the local police department if such accident occurs within a municipality. If such accident occurs outside a municipality, such notice shall be given to the office of the county sheriff or to the nearest office of the state patrol. The above notices shall be in addition to the written report required by Code Section 40-9-30. 40-6-274. Any other provision of this article or any other law to the contrary notwithstanding, the driver of any vehicle involved in a traffic accident in which there is no personal injury or in which no second party and no property of a second party is involved shall not have the duty to stop or immediately report such accident, and no such driver shall be prosecuted for his failure to stop or immediately to report such accident. This Code section shall not abrogate or affect a driver's duty to file the written report required by Code Section 40-9-30. 40-6-275. (a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section. (b) This Code section shall apply to motor vehicle traffic accidents which occur on the expressways and multilane highways of this state. (c) When a motor vehicle traffic accident occurs with no personal injury, death, or extensive property damage, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be Page 2299 operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request. (d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section. (e) This Code section shall not abrogate or affect a driver's duty to file the written report required by Code Section 40-9-30, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his failure to stop and immediately report a traffic accident. (f) This Code section shall not abrogate or affect a driver's duty to stop and give information in accordance with law, nor shall it relieve a police officer of his duty to render a report in accordance with law. (g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident, and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby, where such move can be accomplished safely and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation. 40-6-276. (a) The driver of each wrecker truck towing away any vehicle from the scene of a wreck shall also take away all parts belonging to the vehicle which he is towing away, or, if Page 2300 they consist of small parts or broken glass, he shall clear the streets of said small parts or glass, unless the driver is ordered not to do so by the investigating police officer due to circumstances at the scene of the accident. (b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. 40-6-277. Every sheriff shall, on or before the tenth day of each month, report in writing to the Department of Public Safety the death of any person within his jurisdiction during the preceding calendar month as the result of a traffic accident known to him, giving the time and place of the accident and the circumstances relating thereto. 40-6-278. The Board of Public Safety shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The Board of Public Safety may, by rule, require additional investigation or reports in case of serious bodily injury or death. ARTICLE 13 Part 1 40-6-290. The provisions of this part applicable to bicycles shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this part. 40-6-291. The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, Page 2301 and subsection (a) of Code Section 40-6-393 shall not apply to persons riding bicycles. 40-6-292. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto and shall allow no person to ride upon the handlebars. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. 40-6-293. No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. 40-6-294. (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Wherever a usable path or sidewalk designated for use of bicycle riders adjacent to a roadway has been provided, bicycle riders shall use such path or sidewalk and shall not use the roadway. 40-6-295. No person operating a bicycle shall carry any package, bundle, or other article which prevents him from keeping at least one hand upon the handlebars. 40-6-296. (a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector. Page 2302 (b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement. (c) No bicycle shall be equipped or operated while equipped with a set of handlebars so raised that the operator must elevate his hands above his shoulders in order to grasp the normal steering grip area. (d) No bicycle shall be equipped, modified, or altered in such a way as to cause the pedal in its lowermost position to be more than 12 inches above the ground, nor shall any bicycle be operated if so equipped. 40-6-297. (a) It shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless the pedals on such bicycle or such pedals are equipped with reflectors of a type approved by the Department of Public Safety. The reflector on each pedal shall be so designed and situated as to be visible from the front and rear of the bicycle during darkness from a distance of 200 feet. The commissioner of public safety is authorized to promulgate rules and regulations and establish standards for such reflectors. (b) This Code section shall not apply to any bicycle purchased prior to July 1, 1972, by a retailer for the purpose of resale. 40-6-298. (a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this part. (b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of this part. 40-6-299. The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for any additional safety equipment or standards it shall require for bicycles. Page 2303 Part 2 40-6-310. Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application. 40-6-311. (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto; and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. (c) No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars. (d) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. (e) No person shall operate or ride upon a motorcycle unless he shall wear some type of footwear in addition to or other than socks. 40-6-312. (a) All motorcycles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. Page 2304 (c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (d) Motorcycles shall not be operated more than two abreast in a single lane. (e) A person operating a motorcycle shall at all times keep his headlights and taillights illuminated. (f) Subsections (b) and (c) of this Code section shall not apply to police officers in the performance of their official duties. 40-6-313. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway. 40-6-314. (a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (b) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat occupied by the operator or with a backrest more commonly known as a sissy bar that is designed in such a way as to create a sharp point at its apex. 40-6-315. (a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he is wearing an eye-protective device of a type approved by the Board of Public Safety. (c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes. (d) The Board of Public Safety is authorized to approve or disapprove protective headgear and eye-protective devices Page 2305 required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it. 40-6-316. The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles. Part 3 40-6-330. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety. 40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof for the combined use of motorized carts and regular vehicular traffic and establish the conditions under which motorized carts may be operated upon such streets or portions thereof. (b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing. (c) Such ordinances shall not be effective unless appropriate signs giving notice are posted along the public streets affected. (d) Motorized carts may cross streets and highways under the jurisdiction of the Department of Transportation only at crossings or intersections designated for that purpose by the department. Part 4 40-6-350. Every person operating a moped shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have Page 2306 no application. However, the operator of a moped shall not be required to comply with subsection (e) of Code Section 40-6-312, relating to headlights and taillights, or subsection (b) of Code Section 40-6-315, relating to windshields and eye-protective devices. 40-6-351. No person under 15 years of age shall operate a moped upon the public roads and highways of this state. No person shall operate a moped upon the public roads and highways of this state unless he shall have in his possession a valid driver's license, instructional permit, or limited permit issued to him pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instructional permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the public roads and highways of this state. 40-6-352. (a) No person shall operate or ride as a passenger upon a moped unless he is wearing protective headgear which complies with standards established by the commissioner. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. (b) The commissioner is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He shall publish lists by name and type of all protective headgear which have been approved by him. 40-6-353. The commissioner of transportation or local governing authorities having jurisdiction over public roads and highways may prohibit the operation of mopeds on public roads and highways within their jurisdiction if it is determined that such operation endangers the safety of the traveling public. 40-6-354. The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and Page 2307 is authorized to establish regulations for safety equipment or standards for the operation of mopeds. ARTICLE 14 40-6-370. The provisions of this chapter and the definitions contained in Code Section 40-1-1 shall be applicable and uniform throughout this state and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by the provisions of this chapter except as expressly authorized in Code Sections 40-6-371 and 40-6-372. 40-6-371. (a) This chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: (1) Regulating or prohibiting stopping, standing, or parking; (2) Regulating traffic by means of police officers or official traffic-control devices; (3) Regulating or prohibiting processions or assemblages on the highways; (4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Code Section 40-6-47; (5) Establishing speed limits for vehicles in public parks, notwithstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residential district; (6) Designating any highway as a through highway or designating any intersection or junction of roadway as a stop or yield intersection or junction; (7) Requiring the registration and inspection of bicycles, including the requirement of a registration fee; Page 2308 (8) Designating any highway intersection as a `yield right of way' intersection and requiring vehicles facing a `yield right of way' sign to yield the right of way to other vehicles; (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles; (10) Altering or establishing speed limits as authorized by law; (11) Designating no-passing zones as authorized in Code Section 40-6-46; (12) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in Code Section 40-6-51; (13) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; (14) Establishing minimum speed limits as authorized by law; (15) Designating hazardous railroad grade crossings as authorized in Code Section 40-6-141; (16) Designating and regulating traffic on play streets; (17) Regulating persons propelling push carts; (18) Regulating persons upon skates, coasters, sleds, and other toy vehicles; (19) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; or (20) Adopting such other traffic regulations as are specifically authorized by this chapter. Page 2309 (b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Transportation of the State of Georgia. If this issue is on trial in a civil or criminal action, the proper authority shall be presumed. (c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18) of subsection (a) of this Code section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or the part thereof affected as may be most appropriate. 40-6-372. Local authorities by ordinance may adopt by reference any or all provisions of this chapter or of Code Section 40-1-1 without publishing or posting in full the provisions thereof. 40-6-373. A future amendment or repeal of a provision of this chapter or of Code Section 40-1-1 shall so amend or repeal the pertinent provision, if any, of the original ordinance adopted by a local authority pursuant to the authority of Code Section 40-6-372 without any action by such local authority being required. 40-6-374. Local authorities shall use the following wording or similar wording in adopting by reference the provisions of this chapter or the definitions contained in Code Section 40-1-1: (Municipality or County) of Ordinance number An ordinance adopting the Georgia Uniform Rules of the Road, Code Sections (to(except for Code Sections)) of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, to regulate traffic upon the public streets of the (Municipality or County) ofand repealing Page 2310 ordinance numberand all other ordinances and sections of ordinances in conflict herewith. It is ordained byas follows: Section 1. Adoption by reference. Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40-6-372 through 40-6-376, Code Sections (to(except for Code Sections)) of that chapter known as the Uniform Rules of the Road and the definitions contained in Code Section 40-1-1 are hereby adopted as and for the traffic regulations of this (Municipality or County) with like effect as if recited herein. Section 2. Penalties. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more thandollars or by imprisonment for not more thandays or by both such fine and imprisonment. Section 3. Repeal. The (existing ordinances covering the same matters as embraced in this ordinance) are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Section 4. Effective date. This ordinance shall take effect from and after theday of, 19. 40-6-375. It shall be sufficient in citing a violation of a provision of this chapter to refer to the ordinance number of the enacting ordinance, provided that the citation form used is the one developed by the commissioner of public safety under the authority of Code Section 40-13-1. 40-6-376. (a) Any offense, except a violation of subsection (b) of Code Section 40-6-270 or a violation of Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law Page 2311 enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of subsection (b) of Code Section 40-6-270 or a violation of Code Section 40-6-393 shall be charged as a state violation. (b) If the offense charged under an ordinance constitutes a violation of any provision of this chapter, the defendant may request transfer of the charge to the appropriate state tribunal. If the defendant so requests, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest if found, or upon obtaining a waiver of commitment hearing, shall summarily fix the defendant's bond and bind his case over to the appropriate state tribunal. (c) No person tried in any court for a violation of this chapter or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this chapter shall be considered a prior conviction for all purposes under this chapter and under Chapter 13 of this title. (d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 40-6-393, shall have jurisdiction over any offense arising under the laws of this state or the ordinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person's being charged with a violation of Code Section 40-6-393 and any judgment rendered by such court shall be null and void. ARTICLE 15 40-6-390. (a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. (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 Page 2312 power given by law to stay or suspend the execution of such sentence or to place the defendant on probation. 40-6-391. (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; (4) The person's alcohol concentration is 0.12 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: Page 2313 (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 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: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five-year period of time, 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: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment Page 2314 shall be that the defendant shall perform not less than 80 hours of community service; (3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained 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: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum ten-day term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service; (4) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (d) (1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. Page 2315 (2) Notwithstanding any provision of this Code to the contrary, any court authorized to hear cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by subsection (c) of this Code section. (e) The foregoing limitations on punishment also shall apply when a defendant has been convicted of violating, by a single transaction, more than one of the four provisions of subsection (a) of this Code section. (f) The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted of violating any provision of this Code section. (g) If the payment of the fine required under subsection (c) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (h) For purposes of determining under this chapter prior convictions of or pleas of nolo contendere to violating this Code section, in addition to the offense prohibited by this Code section, a conviction of or plea of nolo contendere to any of the following offenses shall be deemed to be a violation of this Code section: (1) Any federal law substantially conforming to or parallel with the offense covered under this Code section; (2) Any local ordinance adopted pursuant to Article 14 of Chapter 6 of Title 40, which ordinance adopts the provisions of this Code section; or Page 2316 (3) Any previously or currently existing law of this or any other state, which law was or is substantially conforming to or parallel with this Code section. (i) A person shall not driver or be in actual physical control of any moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor and, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the `Uniform Commercial Driver's License Act,' shall be fined as provided in subsection (c) of this Code section. 40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed. (b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of Page 2317 the disposition of the case, order the defendant to attend and complete a certified and approved basic alcohol and drug course from an approved driver improvement clinic. The order shall stipulate that the defendant shall complete such course within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety. The judge shall also notify the defendant that, if he fails to complete such course by the date specified in the court's order, his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68. (e) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection (c) of Code Section 40-5-67. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section. 40-6-392. (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an Page 2318 individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section. (b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of Page 2319 alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.10 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (3) If there was at that time an alcohol concentration of 0.10 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; and (4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.12 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391. Page 2320 (d) In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him. (e) A certification by the office of the Secretary of State or by the Department of Human Resources that a person was a licensed or certified physician, physician's assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section. 40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary. Page 2321 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. 40-6-395. (a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual and an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. (b) (1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to 12 months, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to 12 months, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the Page 2322 dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to 12 months, or both; and for purpoes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection. (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection. (c) It shall be unlawful for a person: (1) To impersonate a sheriff, deputy sheriff, state trooper, agent of the state division of investigation, agent of the Federal Bureau of Investigation, police officer, or any other authorized law enforcement officer by using a motor vehicle or motorcycle designed, equipped, or marked so as to resemble a motor vehicle or motorcycle belonging to any federal, state, or local law enforcement agency; or (2) Otherwise to impersonate any such law enforcement officer in order to direct, stop, or otherwise control traffic. Page 2323 Section 5A . Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to damage to and intrusion upon property, is amended by striking Code Section 16-7-29, which reads as follows: 16-7-29. (a) A person commits the offense of criminal trespass by motor vehicle when the person, after having been requested not to do so by a law enforcement officer or by the owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers if: (1) The parking area is identified by at least one sign as specified in this paragraph, and if the parking area contains more than 150 parking spaces then by at least one such sign for every 150 parking spaces, each such sign containing the following information in easy to read printing: (A) Notice of the elements of the crime of criminal trespass by motor vehicle; (B) Identification of the property which is reserved for customers' use only; (C) Identification of the merchant, group of merchants, or shopping center or other similar facility providing the parking area; and (D) Warning that violators will be prosecuted; and (2) The motor vehicle is parked, is standing, or is being operated other than for the purpose of: (A) Transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified; Page 2324 (B) Making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area; (C) Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or (D) Carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner. (b) A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: (1) Not to exceed $50.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; and (3) Not to exceed $150.00 for the third or subsequent such offense. (c) The governing authority of any municipal corporation by ordinance may adopt by reference the provisions of subsection (a) of this Code section without publishing or posting in full the provisions thereof. Any person violating any such ordinance shall be subject to a monetary fine: (1) Not to exceed $50.00 for the first such violation; (2) Not to exceed $100.00 for the second such violation; and (3) Not to exceed $150.00 for the third or subsequent such violation., in its entirety. Section 6 . Chapter 34 of Title 33 of the Official Code of Georgia Annotated, the Georgia Motor Vehicle Accident Reparations Page 2325 Act, is amended by striking Code Section 33-34-10.1, which reads as follows: 33-34-10.1. (a) Any person convicted of a second or subsequent violation of subsection (a), (b), or (c) of Code Section 33-34-12 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department is given at least 30 days' prior written notice of such cancellation., and inserting in lieu thereof the following: 33-34-10.1. Reserved. Section 7 . Said chapter is further amended by striking Code Section 33-34-10.2, which reads as follows: 33-34-10.2. (a) For the purposes of mandatory suspension of a driver's license for a first violation of subsection (a), (b), or (c) of Code Section 33-34-12, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked. A plea of nolo contendere shall not be considered a conviction under this subsection, but a record of the disposition of the case shall be forwarded by the court to the Department of Public Safety for the purposes of counting the plea of nolo contendere as a conviction under subsection (b) of this Code section. (b) For the purposes of mandatory suspension of a driver's license, license tag, and tag registration for a second or subsequent violation within a five-year period, as measured from date of arrest to date of arrest, of subsection (a), (b), or (c) of Code Section 33-34-12, a forfeiture of bail or collateral used Page 2326 to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a plea of nolo contendere to a previous violation of subsection (a), (b), or (c) of Code Section 33-34-12, or a finding of guilty shall be considered a conviction regardless of whether the sentence is suspended, probated, rebated, or revoked., and inserting in lieu thereof the following: 33-34-10.2. Reserved. Section 8 . Said chapter is further amended by striking Code Section 33-34-11, which reads as follows: 33-34-11. (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. (b) (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. (2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained and to Page 2327 provide any other information relating to such insurance coverage requested by the department. (3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department. (c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner must remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection. (2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle. (3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that any owner whose driver's license has been suspended pursuant to this paragraph who provides proof of continuous minimum insurance coverage shall only pay a $25.00 restoration fee and shall not be deemed to have violated Code Section 40-5-121. Page 2328 (4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license, license tag, and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license, license tag, and tag registration to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $25.00 to the department, the suspension shall terminate and the department shall return the driver's license, license tag, and tag registration to the owner of the motor vehicle., and inserting in lieu thereof the following: 33-34-11. Reserved. Section 9 . Said chapter is further amended by striking Code Section 33-34-12, which reads 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 Page 2329 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. (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. Page 2330 (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 six-month 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 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 shall issue for the arrest of such person., and inserting in lieu thereof the following: 33-34-12. Reserved. Section 10 . Said chapter is further amended by striking Code Section 33-34-12.1, which reads as follows: 33-34-12.1. (a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of this chapter immediately upon suspension and demand of the department to forward such items to the department. (b) If such driver's license and, where applicable, license tag and tag registration are not received by the department 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 Page 2331 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. (c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination under this chapter relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under this chapter shall begin upon the date of conviction adjudicated by the court having jurisdiction. (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., and inserting in lieu thereof the following: 33-34-12.1. Reserved. Section 11 . Said chapter is further amended by striking Code Section 33-34-12.2, which reads as follows: 33-34-12.2. Any court having jurisdiction to try and dispose of traffic offenses shall have jurisdiction to try and dispose of the misdemeanor offenses provided in this chapter. Such jurisdiction shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such offenses., and inserting in lieu thereof the following: 33-34-12.2. Reserved. Section 12 . Said chapter is further amended by striking Code Section 33-34-12.3, which reads as follows: Page 2332 33-34-12.3. (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. (b) Applications for restricted driving permits shall be made upon such forms as the commissioner of public safety may prescribe. Such forms shall require such information as is necessary for the Department of Public Safety to determine the need for such permit. All applications shall be signed by the applicant and the applicant's employer before a person authorized to administer oaths. (c) The Department of Public Safety shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment and subject to the following conditions: (1) The permittee may operate only a vehicle which is owned or leased by his employer; (2) The permittee may operate the vehicle only during the hours of employment; (3) There is in force a policy of liability insurance covering the driver of the vehicle or the driver of the vehicle is self-insured by the employer; and (4) Such other conditions as the Department of Public Safety may require. (d) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable. (e) No official or employee of the Department of Public Safety shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit Page 2333 in reliance on the truth of the affidavits required by this Code section. (f) Any permittee who is convicted of violating any provision of this chapter or is convicted of any other traffic offense for which the Department of Public Safety may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the Department of Public Safety. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the Department of Public Safety within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the Department of Public Safety. The Department of Public Safety may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (g) Any person whose permit has been revoked, or who has been refused a permit by the Department of Public Safety, may make a request in writing for a hearing to be provided by the Department of Public Safety. Such hearing shall be provided by the Department of Public Safety within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (h) The commissioner of public safety may promulgate such rules and regulations as are necessary to implement this Code section., and inserting in lieu thereof the following: 33-34-12.3. Reserved. Section 13 . Said chapter is further amended by striking Code Section 33-34-13, which reads as follows: 33-34-13. (a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation Page 2334 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. (b) Any rules or regulations proposed pursuant to this Code section shall be submitted to the Motor Vehicles Committee of the House of Representatives and the Insurance Committee of the Senate prior to the implementation of such rules or regulations., and inserting in lieu thereof the following: 33-34-13. Reserved. Section 14 . Said chapter is further amended by striking Code Section 33-34-14, which reads as follows: 33-34-14. (a) For the purposes of this Code section, `motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (b) Except as provided in subsections (c), (d), and (e) of this Code section, the provisions of this chapter shall not apply to the operation of motorcycles. (c) No owner of a motorcycle or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor. (d) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Page 2335 Code section in his immediate possession or on the motorcycle at all times when such person is operating the motorcycle. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection. (e) Every law enforcement officer in this state shall request the operator of a motorcycle to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator., and inserting in lieu thereof the following: 33-34-14. Reserved. Section 15 . Said chapter is further amended by striking Code Section 33-34-17, which reads as follows: 33-34-17. 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., in its entirety. Section 16 . Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on a motor vehicle or mobile home, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows: 48-5-451. Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for his failure to make the return or pay the tax in accordance with this article, provided that such penalty shall in no event be levied prior to May 2, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase. Page 2336 Section 17 . Prosecution for any violation of Sections 4 and 5 of this Act occurring prior to January 1, 1991, is not affected or abated by this Act. Section 18 . Sections 1, 2, and 3 of this Act shall become effective on July 1, 1990, except that paragraph (4) of subsection (a) of Code Section 40-2-33 contained in Section 2 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval, and the remainder of this Act shall become effective January 1, 1991. Section 19 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1990. CRIMINAL PROCEDUREBOND FORFEITURES; PROCEDURES. Code Sections 17-6-71 and 17-6-72 Amended. No. 1452 (House Bill No. 1350). AN ACT To amend Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, so as to change the time limits within which an execution hearing shall be held; to amend Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, so as to provide that judgment of bond forfeitures shall be null and void in certain cases; to provide for the requirements, practices, procedures, and qualifications related thereto; to provide for the payment of court costs and a percentage of the face amount of the bond; to provide for cancellation of writs Page 2337 of execution; 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 17-6-71 of the Official Code of Georgia Annotated, relating to execution hearings on the failure of principals to appear, 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 judge shall, at the end of the court day, upon the failure of the principal to appear, order an execution hearing not sooner than 90 days but not later than 150 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 . Code Section 17-6-72 of the Official Code of Georgia Annotated, relating to conditions which do not warrant forfeiture of a bond for failure to appear and remission of forfeiture, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) to read as follows: (f) In cases in which paragraph (3) of this subsection is not applicable, 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 Page 2338 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; (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; and (3) If, within 90 days after judgment, the surety surrenders the principal to the sheriff, the surety shall only be required to pay costs and 5 percent of the face amount of the bond. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff, that said surrender has been made and that 5 percent of the bond amount and all costs have been tendered to the sheriff, the court shall be authorized to direct that the judgment be marked satisfied and that the writ of execution (fi. fa.) be cancelled. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1990. APPROPRIATIONSS.F.Y. 1990-91. No. 1453 (House Bill No. 1314). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991; to make and provide Page 2339 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, 1990, and ending June 30, 1991, 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 $7,785,000,000 for State Fiscal Year 1991. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 22,819,458 Personal Services - Staff $ 11,097,233 Personal Services - Elected Officials $ 3,679,257 Regular Operating Expenses $ 2,535,415 Travel - Staff $ 103,500 Travel - Elected Officials $ 3,500 Capital Outlay $ 25,000 Equipment $ 192,000 Computer Charges $ 375,500 Real Estate Rentals $ 65,100 Telecommunications $ 670,000 Per Diem, Fees and Contracts - Staff $ 245,179 Per Diem, Fees and Contracts - Elected Officials $ 2,684,202 Photography $ 68,000 Expense Reimbursement Account $ 1,132,800 Austerity Factor $ (57,228) Total Funds Budgeted $ 22,819,458 State Funds Budgeted $ 22,819,458 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,273,610 $ 4,273,610 Lt. Governor's Office $ 613,309 $ 613,309 Secretary of the Senate's Office $ 1,115,789 $ 1,115,789 Total $ 6,002,708 $ 6,002,708 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,608,193 $ 8,608,193 Speaker of the House's Office $ 450,159 $ 450,159 Clerk of the House's Office $ 1,118,657 $ 1,118,657 Total $ 10,177,009 $ 10,177,009 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,263,878 $ 2,263,878 Legislative Fiscal Office $ 2,124,344 $ 2,124,344 Legislative Budget Office $ 872,403 $ 872,403 Ancillary Activities $ 1,379,116 $ 1,379,116 Total $ 6,639,741 $ 6,639,741 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 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 Page 2342 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 $ 15,859,738 Operations Budget: Personal Services $ 13,204,140 Regular Operating Expenses $ 372,246 Travel $ 800,289 Motor Vehicle Purchases $ 117,000 Equipment $ 81,500 Per Diem, Fees and Contracts $ 32,500 Real Estate Rentals $ 812,014 Computer Charges $ 400,986 Telecommunications $ 91,575 Austerity Factor $ (52,512) Total Funds Budgeted $ 15,859,738 State Funds Budgeted $ 15,859,738 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 4,654,614 Personal Services $ 3,295,714 Operating Expenses $ 1,358,900 Total Funds Budgeted $ 4,654,614 State Funds Budgeted $ 4,654,614 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 5,766,146 Personal Services $ 4,948,692 Operating Expenses $ 817,454 Total Funds Budgeted $ 5,766,146 State Funds Budgeted $ 5,766,146 Section 5. Superior Courts . Budget Unit: Superior Courts $ 41,812,989 Operation of the Courts $ 39,015,342 Prosecuting Attorneys' Council $ 1,649,469 Sentence Review Panel $ 150,842 Council of Superior Court Judges $ 86,772 Judicial Administrative Districts $ 895,564 Habeas Corpus Clerk $ 15,000 Total Funds Budgeted $ 41,812,989 State Funds Budgeted $ 41,812,989 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 787,287 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 596,170 Institute's Operations $ 463,140 Georgia Magistrate Courts Training Council $ 133,030 Total Funds Budgeted $ 596,170 State Funds Budgeted $ 596,170 Section 8. Judicial Council . Budget Unit: Judicial Council $ 1,869,692 Council Operations $ 797,973 Payments to Judicial Administrative Districts for Case Counting $ 76,500 Board of Court Reporting $ 36,097 Payment to Council of Magistrate Court Judges $ 26,000 Payment to Council of Probate Court Judges $ 20,000 Payment to Council of State Court Judges $ 12,000 Payment to Resource Center $ 240,000 Payment to Computerized Information Network $ 661,122 Total Funds Budgeted $ 1,869,692 State Funds Budgeted $ 1,869,692 Page 2344 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 124,767 Section 10. Indigent Defense Council . Budget Unit: Indigent Defense Council $ 1,001,825 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 44,874,404 Administration and Services Budget: Personal Services $ 48,014,302 Regular Operating Expenses $ 10,738,162 Travel $ 334,800 Motor Vehicle Purchases $ 434,500 Equipment $ 2,098,658 Computer Charges $ 9,504,645 Real Estate Rentals $ 3,464,210 Telecommunications $ 1,303,480 Per Diem, Fees and Contracts $ 476,800 Rents and Maintenance Expense $ 13,044,200 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 $ 3,427,500 Telephone Billings $ 38,345,900 Materials for Resale $ 14,600,000 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 40,000 Georgia Golf Hall of Fame Operations $ 25,000 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Austerity Factor $ (31,431) Total Funds Budgeted $ 155,267,426 State Funds Budgeted $ 44,874,404 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 452,381 $ 452,381 Departmental Administration $ 6,001,133 $ 5,969,932 Treasury and Fiscal Administration $ 17,552,498 $ 15,552,498 Central Supply Administration $ 14,426,170 $ 0 Procurement Administration $ 3,114,419 $ 3,114,419 General Services Administration $ 698,255 $ 0 Space Management Administration $ 606,022 $ 606,022 Data Processing Services $ 48,604,978 $ 13,329,152 Motor Vehicle Services $ 4,095,311 $ 0 Communication Services $ 48,334,191 $ 5,850,000 Printing Services $ 6,824,156 $ 0 Surplus Property Services $ 1,682,060 $ 0 Mail and Courier Services $ 969,684 $ 0 Risk Management Services $ 1,906,168 $ 0 Total $ 155,267,426 $ 44,874,404 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 21,422,147 Regular Operating Expenses $ 5,300,403 Travel $ 26,794 Motor Vehicle Purchases $ 294,000 Equipment $ 278,750 Computer Charges $ 52,434 Real Estate Rentals $ 17,357 Telecommunications $ 130,456 Per Diem, Fees and Contracts $ 146,000 Capital Outlay $ 10,200,000 Utilities $ 8,166,638 Contractual Expense $ 230,422 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 46,265,401 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 2,089,486 $ 0 Custodial $ 5,335,115 $ 0 Maintenance $ 5,010,434 $ 0 Security $ 5,535,573 $ 0 Van Pool $ 363,301 $ 0 Sales $ 5,577,418 $ 0 Administration $ 21,231,608 $ 0 Railroad Excursions $ 1,122,466 $ 0 Facility Renovations $ 0 $ 0 Total $ 46,265,401 $ 0 Page 2347 Section 12. Agency for the Removal of Hazardous Materials . Budget Unit: Agency for the Removal of Hazardous Materials $ 115,311 Operations Budget: Personal Services $ 3,483,686 Regular Operating Expenses $ 2,829,996 Travel $ 460,800 Motor Vehicle Purchases $ 155,245 Equipment $ 199,200 Computer Charges $ 1,000 Real Estate Rentals $ 0 Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 500,000 Capital Outlay $ 0 Utilities $ 0 Austerity Factor $ (191) Total Funds Budgeted $ 7,649,736 State Funds Budgeted $ 115,311 Section 13. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 36,728,945 State Operations Budget: Personal Services $ 31,544,604 Regular Operating Expenses $ 3,721,245 Travel $ 930,524 Motor Vehicle Purchases $ 576,608 Equipment $ 210,500 Computer Charges $ 520,676 Real Estate Rentals $ 731,153 Telecommunications $ 415,000 Per Diem, Fees and Contracts $ 256,275 Market Bulletin Postage $ 700,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,471,459 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,080,793 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 40,000 Advertising Contract $ 205,000 Payments to Georgia Agrirama Development Authority for Operations $ 596,585 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 400,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 40,000 Poultry Indemnities $ 50,000 Austerity Factor $ (106,837) Total Funds Budgeted $ 46,081,585 State Funds Budgeted $ 36,728,945 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 5,172,422 $ 4,823,422 Animal Industry $ 7,352,524 $ 7,043,524 Marketing $ 2,063,640 $ 2,018,836 General Field Forces $ 3,938,867 $ 3,938,867 Internal Administration $ 4,762,877 $ 4,695,080 Information and Education $ 1,552,566 $ 1,552,566 Fuel and Measures $ 3,187,070 $ 3,171,483 Consumer Protection Field Forces $ 6,489,010 $ 4,910,299 Meat Inspection $ 4,312,863 $ 1,637,072 Major Markets $ 4,627,284 $ 1,007,334 Seed Technology $ 423,107 $ 6,062 Entomology and Pesticides $ 2,199,355 $ 1,924,400 Total $ 46,081,585 $ 36,728,945 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 672,915 Regular Operating Expenses $ 158,948 Travel $ 4,750 Motor Vehicle Purchases $ 27,000 Equipment $ 13,178 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 9,248 Per Diem, Fees and Contracts $ 43,038 Capital Outlay $ 312,852 Goods for Resale $ 95,000 Total Funds Budgeted $ 1,336,929 State Funds Budgeted $ 0 Section 14. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 6,904,126 Administration and Examination Budget: Personal Services $ 5,752,600 Regular Operating Expenses $ 264,344 Travel $ 309,368 Motor Vehicle Purchases $ 175,581 Equipment $ 20,100 Computer Charges $ 116,628 Real Estate Rentals $ 232,000 Telecommunications $ 53,000 Per Diem, Fees and Contracts $ 2,000 Austerity Factor $ (21,495) Total Funds Budgeted $ 6,904,126 State Funds Budgeted $ 6,904,126 Page 2350 Section 15. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 17,374,165 State Operations Budget: Personal Services $ 6,074,143 Regular Operating Expenses $ 283,005 Travel $ 198,900 Motor Vehicle Purchases $ 0 Equipment $ 20,560 Computer Charges $ 163,509 Real Estate Rentals $ 482,916 Telecommunications $ 59,750 Per Diem, Fees and Contracts $ 142,000 Capital Felony Expenses $ 50,000 Contracts with Regional Development Commissions $ 2,625,000 Local Assistance Grants $ 1,558,000 Appalachian Regional Commission Assessment $ 140,322 Community Development Block Grants (Federal) $ 30,000,000 Music Hall of Fame $ 50,000 Local Development Fund $ 1,550,000 Payment to Georgia Residential Finance Authority $ 5,000,000 Payment to Georgia Environmental Facilities Authority for Operations $ 477,040 Austerity Factor $ (19,829) Total Funds Budgeted $ 48,855,316 State Funds Budgeted $ 17,374,165 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 1,045,995 $ 1,018,495 Technical Assistance $ 1,520,571 $ 1,341,552 Financial Assistance $ 43,377,293 $ 12,277,374 Rural Development $ 1,228,624 $ 1,188,624 Coordinated Planning $ 1,682,833 $ 1,548,120 Total $ 48,855,316 $ 17,374,165 Section 16. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 464,280,537 Personal Services $ 329,233,563 Regular Operating Expenses $ 42,472,200 Travel $ 1,962,500 Motor Vehicle Purchases $ 4,169,000 Equipment $ 11,030,000 Computer Charges $ 2,780,000 Real Estate Rentals $ 3,918,000 Telecommunications $ 3,716,000 Per Diem, Fees and Contracts $ 2,198,000 Capital Outlay $ 670,000 Utilities $ 12,340,000 Court Costs $ 400,000 County Subsidy $ 13,443,000 County Subsidy for Jails $ 10,668,000 County Workcamp Construction Grants $ 0 Grants for Local Jails $ 0 Central Repair Fund $ 825,000 Payments to Central State Hospital for Meals $ 3,552,000 Payments to Central State Hospital for Utilities $ 1,376,000 Payments to Public Safety for Meals $ 438,000 Inmate Release Fund $ 1,200,000 Health Services Purchases $ 20,543,300 Payments to MAG for Health Care Certification $ 50,000 University of Georgia - Cooperative Extension Service Contracts $ 325,000 Minor Construction Fund $ 5,000,000 Authority Lease Rentals $ 200,000 Grants for Independent Probation Systems $ 0 Austerity Factor $ (724,026) Total Funds Budgeted $ 471,785,537 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 464,280,537 Departmental Functional Budgets Total Funds State Funds Administration $ 53,496,588 $ 52,998,588 Institutions and Support $ 336,395,693 $ 336,048,693 Probation $ 81,893,256 $ 75,233,256 Total $ 471,785,537 $ 464,280,537 B. Budget Unit: Board of Pardons and Paroles $ 37,551,063 Board of Pardons and Paroles Budget: Personal Services $ 28,557,061 Regular Operating Expenses $ 1,142,000 Travel $ 966,000 Motor Vehicle Purchases $ 332,500 Equipment $ 409,000 Computer Charges $ 639,000 Real Estate Rentals $ 1,995,000 Telecommunications $ 1,087,000 Per Diem, Fees and Contracts $ 1,285,000 County Jail Subsidy $ 1,133,000 Health Services Purchases $ 100,000 Austerity Factor $ (94,498) Total Funds Budgeted $ 37,551,063 State Funds Budgeted $ 37,551,063 Section 17. Department of Defense . Budget Unit: Department of Defense $ 6,850,993 Operations Budget: Personal Services $ 8,949,445 Regular Operating Expenses $ 4,496,168 Travel $ 79,182 Motor Vehicle Purchases $ 31,775 Equipment $ 56,500 Computer Charges $ 32,125 Real Estate Rentals $ 6,260 Telecommunications $ 154,922 Per Diem, Fees and Contracts $ 209,835 Grants to Locals - Emergency Management Assistance $ 1,044,200 Grants - Others $ 51,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 0 Repairs and Renovations $ 100,000 Disaster Relief Payments $ 5,200,000 Austerity Factor $ (14,332) Total Funds Budgeted $ 20,439,080 State Funds Budgeted $ 6,850,993 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,462,950 $ 1,378,639 Georgia Emergency Management Agency $ 8,590,060 $ 2,375,998 Georgia Air National Guard $ 3,945,241 $ 562,593 Georgia Army National Guard $ 6,440,829 $ 2,533,763 Total $ 20,439,080 $ 6,850,993 Section 18. State Board of Education - Department of Education . Budget Unit: Department of Education $ 2,820,573,780 Operations: Personal Services $ 43,792,987 Regular Operating Expenses $ 5,063,048 Travel $ 1,357,669 Motor Vehicle Purchases $ 94,000 Equipment $ 570,070 Computer Charges $ 5,358,408 Real Estate Rentals $ 2,270,533 Telecommunications $ 1,522,540 Per Diem, Fees and Contracts $ 20,579,467 Utilities $ 769,704 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 681,257,023 Grades 4 - 8 $ 588,679,738 Grades 9 - 12 $ 271,116,201 High School Laboratories $ 87,856,576 Vocational Education Laboratories $ 86,883,397 Special Education $ 210,490,888 Gifted $ 28,600,145 Remedial Education $ 49,894,721 Staff Development $ 7,322,913 Professional Development $ 19,008,482 Media $ 109,429,926 Indirect Cost $ 597,924,069 Pupil Transportation $ 116,571,399 Local Fair Share $ (517,248,380) Other Categorical Grants: Equalization Formula $ 143,766,119 Sparsity Grants $ 3,635,563 In School Suspension $ 13,500,595 Special Instructional Assistance $ 22,345,630 Middle School Incentive $ 27,236,063 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) $ 2,700,000 Instructional Services for the Handicapped $ 23,177,937 Removal of Architectural Barriers $ 0 Tuition for the Multi-Handicapped $ 2,300,000 Severely Emotionally Disturbed $ 34,915,279 School Lunch (Federal) $ 113,396,789 School Lunch (State) $ 24,631,553 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 7,102,184 Regional Education Service Agencies $ 6,619,569 Georgia Learning Resources System $ 2,322,774 High School Program $ 13,244,729 Special Education in State Institutions $ 3,560,399 Governor's Scholarships $ 1,140,743 Special Projects $ 99,390 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 366,540 Salaries and Travel of Public Librarians $ 10,122,041 Public Library Materials $ 4,700,350 Talking Book Centers $ 834,085 Public Library M O $ 3,777,271 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 Board of Technical and Adult Education $ 11,701,897 Innovative Programs $ 2,453,089 Technology Grants $ 1,000,000 Limited English - Speaking Students Program $ 4,060,653 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 QBE Weights Adjustment $ 28,335,344 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 59,583,875 Pre-School Handicapped Program $ 1,360,000 Mentor Teachers $ 375,000 Middle School Counselors $ 3,750,000 Austerity Factor $ (135,722) Total Funds Budgeted $ 3,125,045,418 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,820,573,780 Education Functional Budgets Total Funds State Funds State Administration $ 11,733,905 $ 11,144,463 Instructional Programs $ 18,005,781 $ 9,646,572 Governor's Honors Program $ 1,125,833 $ 1,084,168 Administrative Services $ 10,873,651 $ 7,011,070 Evaluation and Personnel Development $ 6,913,867 $ 16,514,149 Special Services $ 4,382,513 $ 2,961,261 Professional Standards Commission $ 365,728 $ 365,728 Professional Practices Commission $ 646,021 $ 646,021 Local Programs $ 3,043,802,714 $ 2,754,978,175 Georgia Academy for the Blind $ 4,641,514 $ 4,421,264 Georgia School for the Deaf $ 7,373,491 $ 7,084,703 Atlanta Area School for the Deaf $ 5,180,400 $ 4,716,206 Total $ 3,125,045,418 $ 2,820,573,780 Page 2357 Section 19. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 1,335,537 Regular Operating Expenses $ 160,000 Travel $ 14,000 Motor Vehicle Purchases $ 0 Equipment $ 7,000 Computer Charges $ 290,000 Real Estate Rentals $ 191,000 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 699,000 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 2,731,537 State Funds Budgeted $ 0 Section 20. Forestry Commission . Budget Unit: Forestry Commission $ 37,329,863 State Operations Budget: Personal Services $ 30,247,235 Regular Operating Expenses $ 6,636,543 Travel $ 174,520 Motor Vehicle Purchases $ 1,125,324 Equipment $ 1,951,492 Computer Charges $ 96,083 Real Estate Rentals $ 40,224 Telecommunications $ 995,304 Per Diem, Fees and Contracts $ 554,485 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 $ 0 Capital Outlay $ 300,000 Austerity Factor $ (111,654) Total Funds Budgeted $ 42,409,556 State Funds Budgeted $ 37,329,863 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,842,227 $ 2,196,227 Field Services $ 34,952,962 $ 32,519,269 Wood Energy $ 0 $ 0 General Administration and Support $ 2,614,367 $ 2,614,367 Total $ 42,409,556 $ 37,329,863 Section 21. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 39,583,942 Operations Budget: Personal Services $ 27,480,397 Regular Operating Expenses $ 2,620,255 Travel $ 750,863 Motor Vehicle Purchases $ 1,493,275 Equipment $ 879,804 Computer Charges $ 1,029,431 Real Estate Rentals $ 1,798,120 Telecommunications $ 2,108,019 Per Diem, Fees and Contracts $ 380,286 Evidence Purchased $ 1,113,000 Capital Outlay $ 28,780 Austerity Factor $ (98,288) Total Funds Budgeted $ 39,583,942 Total State Funds Budgeted $ 39,583,942 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,199,283 $ 3,199,283 Drug Enforcement $ 9,792,996 $ 9,792,996 Investigative $ 11,810,189 $ 11,810,189 Georgia Crime Information Center $ 7,157,984 $ 7,157,984 Forensic Sciences $ 7,623,490 $ 7,623,490 Total $ 39,583,942 $ 39,583,942 Section 22. Office of the Governor . Budget Unit: Office of the Governor $ 22,011,602 Personal Services $ 9,981,221 Regular Operating Expenses $ 480,101 Travel $ 185,053 Motor Vehicle Purchases $ 0 Equipment $ 70,866 Computer Charges $ 308,890 Real Estate Rentals $ 781,760 Telecommunications $ 218,996 Per Diem, Fees and Contracts $ 32,796,755 Cost of Operations $ 3,012,575 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,750,000 Intern Stipends and Travel $ 162,000 Art Grants of State Funds $ 3,000,000 Art Grants of Non-State Funds $ 325,910 Humanities Grant - State Funds $ 50,000 Art Acquisitions - State Funds $ 40,000 Children's Trust Fund Grants $ 1,179,130 Children and Youth Grants $ 100,000 Juvenile Justice Grants $ 1,358,936 Payments to Hazardous Waste Management Authority $ 247,000 Transition Fund $ 50,000 Austerity Factor $ (34,041) Total Funds Budgeted $ 57,105,152 State Funds Budgeted $ 22,011,602 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,014,575 $ 6,014,575 Office of Fair Employment Practices $ 937,263 $ 857,263 Office of Planning and Budget $ 5,261,288 $ 5,261,288 Council for the Arts $ 4,104,977 $ 3,585,977 Office of Consumer Affairs $ 2,242,252 $ 2,242,252 State Energy Office $ 33,269,405 $ 391,161 Vocational Education Advisory Council $ 343,941 $ 143,941 Office of Consumers' Utility Council $ 671,238 $ 671,238 Criminal Justice Coordinating Council $ 768,028 $ 498,722 Juvenile Justice Coordinating Council $ 1,629,752 $ 482,752 Commission on Children and Youth $ 1,690,875 $ 1,690,875 Growth Strategies Commission $ 0 $ 0 Human Relations Commission $ 171,558 $ 171,558 Total $ 57,105,152 $ 22,011,602 Page 2361 Section 23. Department of Human Resources . A. Budget Unit: Departmental Operations $ 529,678,009 1. General Administration and Support Budget: Personal Services $ 68,545,581 Regular Operating Expenses $ 3,920,846 Travel $ 1,808,450 Motor Vehicle Purchases $ 935,174 Equipment $ 197,889 Computer Charges $ 3,137,641 Real Estate Rentals $ 5,828,382 Telecommunications $ 1,395,128 Per Diem, Fees and Contracts $ 3,475,241 Utilities $ 390,975 Postage $ 1,517,080 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 200,000 Payments to DMA - Community Care $ 10,743,262 Service Benefits for Children $ 13,382,850 Special Purpose Contracts $ 358,000 Purchase of Service Contracts $ 36,415,241 Austerity Factor $ (127,993) Total Funds Budgeted $ 152,123,747 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 70,689,852 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 833,154 $ 833,154 Administrative Appeals $ 1,933,306 $ 1,933,306 Administrative Policy, Coordination, and Direction $ 355,237 $ 355,237 Personnel $ 1,891,862 $ 1,891,862 Indirect Cost $ 0 $ (7,046,605) Facilities Management $ 5,357,201 $ 3,846,868 Public Affairs $ 615,791 $ 615,791 Community/Intergovernmental Affairs $ 828,477 $ 828,477 Budget Administration $ 1,805,485 $ 1,805,485 Financial Services $ 5,745,004 $ 5,545,004 Auditing Services $ 2,210,099 $ 2,210,099 Special Projects $ 643,500 $ 643,500 Office Of Children and Youth $ 13,382,850 $ 12,795,132 Planning Councils $ 556,127 $ 156,166 Community Services Block Grant $ 8,904,284 $ 0 Regulatory Services - Program Direction and Support $ 755,494 $ 745,494 Child Care Licensing $ 2,658,542 $ 2,658,542 Laboratory Improvement $ 832,424 $ 492,657 Health Care Facilities Regulation $ 6,567,243 $ 1,821,766 Compliance Monitoring $ 479,615 $ 479,615 Radiological Health $ 905,941 $ 688,851 Fraud and Abuse $ 6,095,952 $ 166,415 Child Support Recovery $ 31,959,912 $ 5,081,778 Support Services $ 13,565,442 $ 12,545,395 Aging Services $ 41,711,691 $ 18,119,749 State Health Planning and Development Agency $ 1,529,114 $ 1,476,114 Total $ 152,123,747 $ 70,689,852 2. Public Health Budget: Personal Services $ 52,579,598 Regular Operating Expenses $ 59,922,021 Travel $ 1,271,249 Motor Vehicle Purchases $ 0 Equipment $ 195,937 Computer Charges $ 609,634 Real Estate Rentals $ 1,215,057 Telecommunications $ 808,559 Per Diem, Fees and Contracts $ 3,671,442 Utilities $ 0 Postage $ 115,370 Crippled Children Clinics $ 640,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,600,000 Kidney Disease Benefits $ 415,000 Cancer Control Benefits $ 2,837,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 2,358,000 Family Planning Benefits $ 520,790 Grant-In-Aid to Counties $ 73,273,143 Purchase of Service Contracts $ 12,989,426 Special Purpose Contracts $ 6,417,887 Austerity Factor $ (480,203) Total Funds Budgeted $ 233,952,175 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 138,641,211 Public Health Functional Budgets Total Funds State Funds Director's Office $ 905,795 $ 708,570 Employees' Health $ 400,861 $ 335,861 Health Program Management $ 1,373,089 $ 1,288,089 Vital Records $ 1,934,597 $ 1,761,946 Health Services Research $ 1,081,313 $ 858,495 Primary Health Care $ 1,113,249 $ 1,036,449 Stroke and Heart Attack Prevention $ 2,060,509 $ 1,530,509 Epidemiology $ 1,564,309 $ 976,403 Immunization $ 622,426 $ 0 Sexually Transmitted Diseases $ 1,645,668 $ 332,733 Community Tuberculosis Center $ 1,739,350 $ 1,581,325 Family Health Management $ 12,816,140 $ 6,723,315 Infant and Child Health $ 10,637,844 $ 9,403,429 Maternal Health - Perinatal $ 3,273,215 $ 1,116,968 Family Planning $ 10,696,606 $ 6,663,366 Malnutrition $ 60,840,306 $ 0 Dental Health $ 1,882,325 $ 1,672,150 Children's Medical Services $ 12,464,025 $ 10,221,055 Chronic Disease $ 1,426,863 $ 1,426,863 Diabetes $ 704,752 $ 704,752 Cancer Control $ 4,088,401 $ 3,972,543 Environmental Health $ 1,037,478 $ 548,706 Laboratory Services $ 5,532,529 $ 5,412,529 Emergency Health $ 3,081,548 $ 2,021,048 District Health Administration $ 11,033,782 $ 10,904,107 Newborn Follow-Up Care $ 1,001,215 $ 802,864 Sickle Cell, Vision and Hearing $ 3,691,347 $ 3,185,787 High-Risk Pregnant Women and Infants $ 4,641,025 $ 4,641,025 Grant in Aid to Counties $ 60,291,499 $ 53,355,250 Community Health Management $ 523,723 $ 440,591 Community Care $ 3,250,158 $ 1,286,030 Aids $ 6,596,228 $ 3,728,453 Total $ 233,952,175 $ 138,641,211 3. Rehabilitation Services Budget: Personal Services $ 69,057,456 Regular Operating Expenses $ 9,887,836 Travel $ 817,417 Motor Vehicle Purchases $ 40,275 Equipment $ 328,814 Computer Charges $ 1,950,090 Real Estate Rentals $ 3,169,604 Telecommunications $ 1,434,453 Per Diem, Fees and Contracts $ 4,502,068 Utilities $ 977,500 Capital Outlay $ 0 Postage $ 425,050 Institutional Repairs and Maintenance $ 234,000 Case Services $ 16,400,000 E.S.R.P. Case Services $ 52,000 Special Purpose Contracts $ 939,000 Purchase of Services Contracts $ 7,510,000 Austerity Factor $ (44,968) Total Funds Budgeted $ 117,680,595 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 26,124,508 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 4,171,317 $ 1,352,630 Grants Management $ 1,031,622 $ 876,197 State Rehabilitation Facilities $ 7,887,530 $ 1,616,822 Roosevelt Warm Springs Institute $ 18,882,018 $ 5,492,447 Georgia Factory for the Blind $ 13,278,178 $ 770,870 Disability Adjudication $ 25,152,124 $ 0 Production Workshop $ 817,995 $ 0 District Field Services $ 37,606,292 $ 8,145,115 Independent Living $ 558,279 $ 353,279 Sheltered Employment $ 1,497,140 $ 719,048 Community Facilities $ 6,355,125 $ 6,355,125 Bobby Dodd Workshop $ 442,975 $ 442,975 Total $ 117,680,595 $ 26,124,508 4. Family and Children Service Budget: Personal Services $ 15,765,333 Regular Operating Expenses $ 1,495,718 Travel $ 401,331 Motor Vehicle Purchases $ 0 Equipment $ 82,091 Computer Charges $ 15,605,189 Real Estate Rentals $ 234,908 Telecommunications $ 1,318,156 Per Diem, Fees and Contracts $ 5,816,986 Utilities $ 9,373 Postage $ 1,587,359 Cash Benefits $ 347,805,997 Grants to County DFACS - Operations $ 225,821,348 Service Benefits for Children $ 49,910,685 Special Purpose Contracts $ 3,592,550 Purchase of Service Contracts $ 2,306,200 Austerity Factor $ (623,139) Total Funds Budgeted $ 671,130,085 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 294,222,438 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,398,919 $ 0 AFDC Payments $ 337,209,978 $ 129,738,948 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 10,051,000 $ 0 County DFACS Operations - Social Services $ 64,971,756 $ 17,203,278 County DFACS Operations - Eligibility $ 98,624,484 $ 49,293,074 County DFACS Operations - Joint and Administration $ 51,985,316 $ 25,740,239 County DFACS Operations - Homemakers Services $ 7,304,561 $ 7,304,561 Food Stamp Issuance $ 2,512,000 $ 0 Director's Office $ 877,645 $ 877,645 Administrative Support $ 4,595,119 $ 3,792,826 Regional Administration $ 4,275,420 $ 4,275,420 Public Assistance $ 4,867,019 $ 2,349,380 Management Information Systems $ 18,627,421 $ 7,661,154 Social Services $ 3,103,634 $ 3,103,634 Indirect Cost $ 0 $ (6,979,557) Employability Benefits $ 2,427,505 $ 2,017,747 Legal Services $ 2,000,000 $ 2,000,000 Family Foster Care $ 23,098,678 $ 16,343,357 Institutional Foster Care $ 3,255,404 $ 2,806,000 Specialized Foster Care $ 1,382,106 $ 1,187,428 Adoption Supplement $ 4,398,292 $ 2,832,797 Day Care $ 15,865,300 $ 15,865,300 Home Management - Contracts $ 154,200 $ 154,200 Outreach - Contracts $ 776,500 $ 776,500 Special Projects $ 1,207,050 $ 1,184,595 Program Support $ 3,540,447 $ 3,383,697 County DFACS Operations - Employability Program $ 2,620,231 $ 1,310,115 Total $ 671,130,085 $ 294,222,438 Budget Unit Object Classes: Personal Services $ 205,947,968 Regular Operating Expenses $ 75,226,421 Travel $ 4,298,447 Motor Vehicle Purchases $ 975,449 Equipment $ 804,731 Computer Charges $ 21,302,554 Real Estate Rentals $ 10,447,951 Telecommunications $ 4,956,296 Per Diem, Fees and Contracts $ 17,465,737 Utilities $ 1,377,848 Postage $ 3,644,859 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 $ 7,600,000 Crippled Children Clinics $ 640,000 Kidney Disease Benefits $ 415,000 Cancer Control Benefits $ 2,837,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 2,358,000 Family Planning Benefits $ 520,790 Grant-In-Aid to Counties $ 73,273,143 Payments to DMA-Community Care $ 10,743,262 Service Benefits for Children $ 63,293,535 Case Services $ 16,400,000 E.S.R.P. Case Services $ 52,000 Cash Benefits $ 347,805,997 Grants for County DFACS - Operations $ 225,821,348 Institutional Repairs and Maintenance $ 434,000 Special Purpose Contracts $ 11,307,437 Purchase of Service Contracts $ 59,220,867 Austerity Factor $ (1,276,303) B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 531,845,264 Departmental Operations: Personal Services $ 417,120,495 Regular Operating Expenses $ 37,873,718 Travel $ 1,272,583 Motor Vehicle Purchases $ 753,625 Equipment $ 3,952,277 Computer Charges $ 4,994,492 Real Estate Rentals $ 1,526,614 Telecommunications $ 3,287,446 Per Diem, Fees and Contracts $ 7,018,254 Utilities $ 13,835,528 Capital Outlay $ 0 Authority Lease Rentals $ 1,734,166 Institutional Repairs and Maintenance $ 2,211,320 Grants to County-Owned Detention Centers $ 2,773,270 Substance Abuse Community Services $ 43,985,570 Mental Retardation Community Services $ 94,704,342 Mental Health Community Services $ 19,626,167 Community Mental Health Center Services $ 62,636,556 Special Purpose Contract $ 1,495,600 Service Benefits for Children $ 5,683,940 Purchase of Service Contracts $ 613,000 Austerity Factor $ (1,400,400) Total Funds Budgeted $ 725,698,563 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 531,845,264 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 41,465,034 $ 26,113,211 Georgia Retardation Center $ 33,234,707 $ 14,228,057 Georgia Mental Health Institute $ 31,360,981 $ 26,840,823 Georgia Regional Hospital at Augusta $ 23,782,530 $ 20,229,768 Northwest Regional Hospital at Rome $ 30,959,085 $ 23,218,626 Georgia Regional Hospital at Atlanta $ 33,090,265 $ 24,839,126 Central State Hospital $ 140,560,645 $ 91,228,008 Georgia Regional Hospital at Savannah $ 26,758,655 $ 22,719,443 Gracewood State School and Hospital $ 48,585,531 $ 25,106,948 West Central Georgia Regional Hospital $ 23,965,012 $ 19,297,018 Outdoor Therapeutic Program $ 3,347,993 $ 2,497,342 Mental Health Community Assistance $ 9,748,714 $ 9,665,384 Mental Retardation Community Assistance $ 4,744,789 $ 3,164,038 Developmental Disabilities Grant $ 996,008 $ 0 Day Care Centers for Mentally Retarded $ 71,521,694 $ 43,785,694 Supportive Living $ 19,240,199 $ 19,240,199 Georgia State Foster Grandparents/Senior Companion Program $ 669,854 $ 641,389 Project Rescue $ 485,889 $ 485,889 Drug Abuse Contracts $ 1,610,768 $ 1,419,991 Community Mental Health Center Services $ 62,422,255 $ 49,236,055 Project ARC $ 407,999 $ 407,999 Metro Drug Abuse Centers $ 1,666,008 $ 1,444,008 Group Homes for Autistic Children $ 307,440 $ 307,440 Project Friendship $ 342,613 $ 342,613 Community Mental Retardation Staff $ 3,866,280 $ 3,866,280 Community Mental Retardation Residential Services $ 17,569,477 $ 17,569,477 Contract with Clayton County Board of Education for Autistic Children $ 78,438 $ 78,438 MH/MR/SA Administration $ 11,097,495 $ 7,800,737 Regional Youth Development Centers $ 20,327,219 $ 19,837,219 Milledgeville State YDC $ 11,312,536 $ 10,924,683 Augusta State YDC $ 7,913,668 $ 7,838,225 Atlanta State YDC $ 4,330,383 $ 4,205,660 Macon State YDC $ 4,282,174 $ 3,837,446 Court Services $ 14,602,840 $ 14,602,840 Community Treatment Centers $ 3,028,621 $ 3,028,621 Day Centers $ 1,038,066 $ 1,038,066 Group Homes $ 753,430 $ 753,430 Purchased Services $ 7,203,725 $ 6,203,725 Runaway Investigation/Interstate Compact $ 791,038 $ 791,038 Assessment and Classification $ 454,238 $ 454,238 Youth Services Administration $ 2,556,072 $ 2,556,072 Substance Abuse Residential Services $ 3,218,195 $ 0 Total $ 725,698,563 $ 531,845,264 Section 24. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 18,379,745 State Operations Budget: Personal Services $ 7,917,731 Regular Operating Expenses $ 1,721,533 Travel $ 349,000 Motor Vehicle Purchases $ 34,880 Equipment $ 73,000 Computer Charges $ 135,260 Real Estate Rentals $ 649,340 Telecommunications $ 260,000 Per Diem, Fees and Contracts $ 300,650 Local Welcome Center Contracts $ 245,000 Advertising and Cooperative Advertising $ 5,651,184 Georgia Ports Authority Authority Lease Rentals $ 1,785,000 Historic Chattahoochee Commission Contract $ 90,000 Georgia 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 Austerity Factor $ (30,709) Total Funds Budgeted $ 19,369,869 State Funds Budgeted $ 18,379,745 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 5,732,052 $ 4,922,052 Economic Development $ 5,163,516 $ 5,003,516 Tourism $ 8,474,301 $ 8,454,177 Total $ 19,369,869 $ 18,379,745 Section 25. Department of Insurance . Budget Unit: Department of Insurance $ 14,101,027 Operations Budget: Personal Services $ 12,125,011 Regular Operating Expenses $ 563,961 Travel $ 751,170 Motor Vehicle Purchases $ 96,000 Equipment $ 78,208 Computer Charges $ 480,405 Real Estate Rentals $ 529,664 Telecommunications $ 249,625 Per Diem, Fees and Contracts $ 51,600 Health Care Utilization Review $ 70,000 Austerity Factor $ (39,545) Total Funds Budgeted $ 14,956,099 State Funds Budgeted $ 14,101,027 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 2,183,289 $ 2,183,289 Insurance Regulation $ 6,815,245 $ 6,670,245 Industrial Loans Regulation $ 714,064 $ 714,064 Fire Safety and Mobile Home Regulations $ 5,243,501 $ 4,533,429 Total $ 14,956,099 $ 14,101,027 Page 2376 Section 26. Department of Labor . Budget Unit: Department of Labor $ 8,662,267 State Operations: Personal Services $ 64,304,903 Regular Operating Expenses $ 5,381,433 Travel $ 1,021,174 Motor Vehicle Purchases $ 0 Equipment $ 458,221 Computer Charges $ 3,566,198 Real Estate Rentals $ 1,263,002 Telecommunications $ 1,415,647 Per Diem, Fees and Contracts (JTPA) $ 64,634,911 Per Diem, Fees and Contracts $ 1,791,256 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,078 Capital Outlay $ 1,143,000 Austerity Factor $ (47,078) Total Funds Budgeted $ 146,706,745 State Funds Budgeted $ 8,662,267 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 5,664,870 $ 905,571 Administrative Services $ 18,361,670 $ 2,907,629 Employment and Training Services $ 122,680,205 $ 4,849,067 Total $ 146,706,745 $ 8,662,267 Section 27. Department of Law . Budget Unit: Department of Law $ 9,556,687 Attorney General's Office Budget: Personal Services $ 8,644,581 Regular Operating Expenses $ 420,000 Travel $ 132,000 Motor Vehicle Purchases $ 0 Equipment $ 46,356 Computer Charges $ 224,635 Real Estate Rentals $ 462,241 Telecommunications $ 98,164 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 110,000 Austerity Factor $ (31,290) Total Funds Budgeted $ 10,166,687 State Funds Budgeted $ 9,556,687 Section 28. Department of Medical Assistance . Budget Unit: Medicaid Services $ 732,625,200 Departmental Operations Budget: Personal Services $ 13,339,951 Regular Operating Expenses $ 602,926 Travel $ 195,670 Motor Vehicle Purchases $ 0 Equipment $ 73,625 Computer Charges $ 14,993,335 Real Estate Rentals $ 935,973 Telecommunications $ 385,605 Per Diem, Fees and Contracts $ 26,396,598 Medicaid Benefits, Penalties and Disallowances $ 1,931,325,744 Payments to Counties for Mental Health $ 41,482,424 Audit Contracts $ 772,500 SFY 1990 Benefits $ 47,666,386 Austerity Factor $ (22,330) Total Funds Budgeted $ 2,078,148,407 State Funds Budgeted $ 732,625,200 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 2,020,456 $ 880,324 Program Management $ 27,456,792 $ 2,412,991 Systems Management $ 17,352,944 $ 4,806,828 Administration $ 2,874,859 $ 491,142 Program Integrity $ 4,593,525 $ 1,777,561 Institutional Policy and Reimbursement $ 3,397,607 $ 1,646,897 Benefits, Penalties and Disallowances $ 2,020,452,224 $ 720,609,457 Total $ 2,078,148,407 $ 732,625,200 Section 29. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 0 Departmental Operations Budget: Personal Services $ 8,077,287 Regular Operating Expenses $ 1,672,096 Travel $ 84,509 Equipment $ 55,553 Computer Charges $ 3,108,575 Real Estate Rentals $ 885,042 Telecommunications $ 415,177 Per Diem, Fees and Contracts $ 63,190,077 Health Insurance Payments $ 593,308,729 Austerity Factor $ (31,812) Total Funds Budgeted $ 670,765,233 Agency Assessments $ 9,838,416 Employee and Employer Contributions $ 660,855,932 Deferred Compensation $ 70,885 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,749,086 $ 0 Classification and Compensation $ 1,223,566 $ 0 Flexible Benefits $ 1,281,210 $ 0 Employee Training and Development $ 1,363,140 $ 0 Health Insurance Administration $ 17,721,108 $ 0 Health Insurance Claims $ 642,459,260 $ 0 Internal Administration $ 2,403,660 $ 0 Commissioner's Office $ 1,564,203 $ 0 Total $ 670,765,233 $ 0 Section 30. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 78,766,650 Operations Budget: Personal Services $ 61,267,918 Regular Operating Expenses $ 11,941,210 Travel $ 516,190 Motor Vehicle Purchases $ 1,594,437 Equipment $ 2,173,104 Computer Charges $ 743,627 Real Estate Rentals $ 1,837,353 Telecommunications $ 1,157,997 Per Diem, Fees and Contracts $ 1,515,720 Land and Water Conservation Grants $ 800,000 Recreation Grants $ 615,000 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 $ 2,361,700 Capital Outlay - Shop Stock - Parks $ 350,000 Capital Outlay-Heritage Trust $ 225,000 Authority Lease Rentals $ 865,000 Cost of Material for Resale $ 2,318,000 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 $ 510,000 Capital Outlay - User Fee Enhancements - Parks $ 2,082,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 0 Technical Assistance Contract $ 125,000 Capital Outlay $ 385,000 Contract - Georgia Rural Water Association $ 10,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 300,000 Advertising and Promotion $ 150,000 Payments to Georgia Agricultural Exposition Authority $ 2,379,900 Historic Preservation Grant $ 275,000 Environmental Facilities Grant $ 6,500,000 Georgia Boxing Commission $ 6,000 Lanier Regional Committee $ 0 Paving at State Parks and Historic Sites $ 500,000 Grant - Chehaw Park Authority $ 250,000 Grant - Zoo Atlanta $ 250,000 Austerity Factor $ (230,358) Total Funds Budgeted $ 104,475,798 Receipts from Jekyll Island State Park Authority $ 314,594 Receipts from Stone Mountain Memorial Association $ 815,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 78,766,650 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 8,653,358 $ 6,374,795 Game and Fish $ 28,151,742 $ 24,102,516 Parks, Recreation and Historic Sites $ 37,724,726 $ 22,102,451 Environmental Protection $ 28,041,506 $ 24,372,422 Coastal Resources $ 1,904,466 $ 1,814,466 Total $ 104,475,798 $ 78,766,650 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Operations Budget: Personal Services $ 1,432,445 Regular Operating Expenses $ 1,344,116 Travel $ 24,000 Motor Vehicle Purchases $ 11,000 Equipment $ 69,088 Computer Charges $ 27,000 Real Estate Rentals $ 0 Telecommunications $ 17,500 Per Diem, Fees and Contracts $ 490,826 Capital Outlay $ 0 Total Funds Budgeted $ 3,415,975 State Funds Budgeted $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 3,415,975 $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 3,415,975 $ 0 Page 2382 Section 31. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 86,898,955 1. Operations Budget: Personal Services $ 50,024,675 Regular Operating Expenses $ 7,350,589 Travel $ 153,500 Motor Vehicle Purchases $ 2,885,000 Equipment $ 953,050 Computer Charges $ 4,758,000 Real Estate Rentals $ 67,491 Telecommunications $ 1,129,000 Per Diem, Fees and Contracts $ 180,000 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 0 Austerity Factor $ (189,025) Total Funds Budgeted $ 67,512,280 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 65,862,280 2. Driver Services Budget: Personal Services $ 15,502,043 Regular Operating Expenses $ 1,633,808 Travel $ 37,970 Motor Vehicle Purchases $ 25,000 Equipment $ 138,497 Computer Charges $ 28,000 Real Estate Rentals $ 37,507 Telecommunications $ 361,600 Per Diem, Fees and Contracts $ 88,350 Capital Outlay $ 2,025,000 Conviction Reports $ 232,500 Driver License Processing $ 981,600 Austerity Factor $ (55,200) Total Funds Budgeted $ 21,036,675 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 21,036,675 Public Safety Functional Budgets Total Funds State Funds Administration $ 18,885,082 $ 17,235,082 Driver Services $ 21,036,675 $ 21,036,675 Field Operations $ 48,627,198 $ 48,627,198 Total $ 88,548,955 $ 86,898,955 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,681,073 1. Attached Units Budget: Personal Services $ 7,498,444 Regular Operating Expenses $ 2,746,653 Travel $ 125,500 Motor Vehicle Purchases $ 37,500 Equipment $ 194,050 Computer Charges $ 428,705 Real Estate Rentals $ 97,078 Telecommunications $ 163,550 Per Diem, Fees and Contracts $ 869,000 Peace Officers Training Grants $ 2,843,665 Capital Outlay $ 0 Austerity Factor $ (28,904) Total Funds Budgeted $ 14,975,241 State Funds Budgeted $ 14,342,241 2. Office of Highway Safety Budget: Personal Services $ 422,474 Regular Operating Expenses $ 28,600 Travel $ 13,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 40,000 Real Estate Rentals $ 69,988 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 23,800 Highway Safety Grants $ 3,500,000 Austerity Factor $ (815) Total Funds Budgeted $ 4,101,047 State Funds Budgeted $ 338,832 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,101,047 $ 338,832 Georgia Peace Officers Standards and Training $ 4,897,367 $ 4,897,367 Police Academy $ 1,031,094 $ 1,011,094 Fire Academy $ 1,264,335 $ 1,184,335 Georgia Firefighters Standards and Training Council $ 441,090 $ 441,090 Organized Crime Prevention Council $ 327,082 $ 327,082 Georgia Public Safety Training Facility $ 7,014,273 $ 6,481,273 Total $ 19,076,288 $ 14,681,073 Section 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 12,089,043 Departmental Operations Budget: Payments to Employees' Retirement System $ 389,043 Employer Contributions $ 11,700,000 Total Funds Budgeted $ 12,089,043 State Funds Budgeted $ 12,089,043 Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 7,989,657 Departmental Operations Budget: Personal Services $ 6,760,947 Regular Operating Expenses $ 418,270 Travel $ 244,500 Motor Vehicle Purchases $ 52,324 Equipment $ 92,699 Computer Charges $ 303,673 Real Estate Rentals $ 309,828 Telecommunications $ 120,716 Per Diem, Fees and Contracts $ 1,232,000 Austerity Factor $ (21,922) Total Funds Budgeted $ 9,513,035 State Funds Budgeted $ 7,989,657 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,777,187 $ 1,777,187 Transportation $ 3,257,884 $ 1,892,950 Utilities $ 4,477,964 $ 4,319,520 Total $ 9,513,035 $ 7,989,657 Section 34. Board of Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 801,005,093 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 837,045,344 Sponsored Operations $ 110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 219,685,743 Sponsored Operations $ 125,000,000 Special Funding Initiative $ 14,000,000 Office of Minority Business Enterprise $ 355,365 Special Desegregation Programs $ 385,633 Forestry Research $ 302,000 Research Consortium $ 100,000 Eminent Scholars Program $ 0 Capital Outlay $ 250,000 Austerity Factor $ (500,000) Total Funds Budgeted $ 1,306,624,085 Departmental Income $ 31,000,000 Sponsored Income $ 235,000,000 Other Funds $ 236,591,692 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 801,005,093 B. Budget Unit: Regents Central Office and Other Organized Activities $ 156,950,127 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 210,889,163 Sponsored Operations $ 65,005,330 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 92,704,672 Sponsored Operations $ 36,173,630 Fire Ant and Environmental Toxicology Research $ 232,000 Agricultural Research $ 2,120,587 Advanced Technology Development Center $ 1,474,034 Capitation Contracts for Family Practice Residency $ 2,759,684 Residency Capitation Grants $ 2,594,400 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 748,762 SREB Payments $ 9,193,650 Medical Scholarships $ 1,020,259 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 865,000 CRT Inc. Contract at Georgia Tech Research Institute $ 211,000 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 8,140,745 Austerity Factor $ (343,560) Total Funds Budgeted $ 434,747,356 Departmental Income $ 0 Sponsored Income $ 98,660,299 Other Funds $ 178,581,230 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 156,950,127 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,777,876 $ 1,240,443 Skidaway Institute of Oceanography $ 3,716,128 $ 1,577,014 Marine Institute $ 1,450,597 $ 999,870 Georgia Tech Research Institute $ 126,165,182 $ 13,651,481 Education Extension Services $ 6,046,877 $ 2,315,192 Agricultural Experiment Station $ 51,788,919 $ 35,328,142 Cooperative Extension Service $ 51,094,994 $ 34,668,294 Eugene Talmadge Memorial Hospital $ 150,959,789 $ 31,729,206 Veterinary Medicine Experiment Station $ 3,060,296 $ 3,060,296 Veterinary Medicine Teaching Hospital $ 2,377,770 $ 525,915 Joint Board of Family Practice $ 6,203,322 $ 6,203,322 Georgia Radiation Therapy Center $ 1,935,993 $ 0 Athens and Tifton Veterinary Laboratories $ 2,584,725 $ 66,064 Regents Central Office $ 25,584,888 $ 25,584,888 Total $ 434,747,356 $ 156,950,127 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Public Telecommunications Commission Budget: Personal Services $ 6,153,842 Operating Expenses $ 8,084,722 Austerity Factor $ (12,733) Total Funds Budgeted $ 14,225,831 Other Funds $ 14,225,831 State Funds Budgeted $ 0 Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 77,778,134 Operations Budget: Personal Services $ 49,142,318 Regular Operating Expenses $ 3,999,677 Travel $ 1,410,700 Motor Vehicle Purchases $ 174,200 Equipment $ 602,825 Computer Charges $ 9,752,765 Real Estate Rentals $ 4,728,258 Telecommunications $ 764,568 Per Diem, Fees and Contracts $ 266,275 County Tax Officials/Retirement and FICA $ 3,064,285 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 3,167,650 Postage $ 3,305,260 Austerity Factor $ (185,647) Total Funds Budgeted $ 81,623,134 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 77,778,134 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 7,799,586 $ 7,799,586 Internal Administration $ 10,585,928 $ 10,485,932 Electronic Data Processing $ 5,099,917 $ 5,099,917 Field Services $ 17,142,895 $ 17,052,895 Income Tax Unit $ 8,424,971 $ 7,024,979 Motor Vehicle Unit $ 16,832,589 $ 14,777,589 Central Audit Unit $ 6,573,820 $ 6,573,820 Property Tax Unit $ 4,616,048 $ 4,616,048 Sales Tax Unit $ 4,547,380 $ 4,347,368 Total $ 81,623,134 $ 77,778,134 Section 36. Secretary of State . Budget Unit: Secretary of State $ 22,590,896 Personal Services $ 15,245,537 Regular Operating Expenses $ 2,305,911 Travel $ 239,800 Motor Vehicle Purchases $ 106,000 Equipment $ 79,621 Computer Charges $ 836,611 Real Estate Rentals $ 2,272,731 Telecommunications $ 300,095 Per Diem, Fees and Contracts $ 612,856 Election Expenses $ 650,000 Austerity Factor $ (58,266) Total Funds Budgeted $ 22,590,896 State Funds Budgeted $ 22,590,896 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,209,857 $ 3,209,857 Archives and Records $ 4,825,925 $ 4,825,925 Business Services and Regulation $ 4,465,944 $ 4,465,944 Elections and Campaign Disclosure $ 1,355,443 $ 1,355,443 Drugs and Narcotics $ 984,140 $ 984,140 State Ethics Commission $ 197,344 $ 197,344 Occupational Certification $ 7,552,243 $ 7,552,243 Total $ 22,590,896 $ 22,590,896 Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 40,000 $ 240,743 S.B. of Architects $ 91,500 $ 196,650 S.B. of Athletic Trainers $ 800 $ 7,396 Georgia Auctioneers Commission $ 8,300 $ 52,203 S.B. of Barbers $ 19,000 $ 142,493 G.B. of Chiropractic Examiners $ 21,000 $ 146,921 State Construction Industry Licensing Board $ 112,000 $ 623,648 S.B. of Cosmetology $ 46,500 $ 828,762 G.B. of Dentistry $ 63,000 $ 363,856 G.B. of Examiners of Licensed Dieticians $ 7,700 $ 22,868 S.B. of Professional Engineers and Land Surveyors $ 74,000 $ 343,966 S.B. of Registration for Foresters $ 3,600 $ 32,929 S.B. of Funeral Services $ 20,500 $ 177,307 S.B. of Registration for Professional Geologists $ 3,900 $ 20,295 S.B. of Hearing Aid Dealers and Dispensers $ 7,000 $ 48,693 G.B. of Landscape Architects $ 15,400 $ 44,615 S.B. for the Certification of Librarians $ 2,400 $ 18,454 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 104,000 $ 1,155,353 Composite S.B. of Medical Examiners $ 72,000 $ 966,882 S.B. of Nursing Home Administrators $ 13,500 $ 53,381 G.B. of Nursing $ 7,500 $ 24,173 S.B. of Dispensing Opticians $ 11,500 $ 44,382 S.B. of Examiners in Optometry $ 26,000 $ 73,733 S.B. of Occupational Therapy $ 81,000 $ 528,087 S.B. of Pharmacy $ 17,000 $ 64,653 S.B. of Physical Therapy $ 5,500 $ 15,387 S.B. of Podiatry Examiners $ 3,800 $ 33,282 S.B. of Polygraph Examiners $ 50,800 $ 581,601 G.B. of Examiners of Licensed Practical Nurses $ 13,500 $ 304,841 G.B. of Private Detective and Security Agencies $ 18,000 $ 122,034 S.B. of Examiners of Psychologists $ 17,500 $ 71,925 S.B. of Recreation Examiners $ 9,000 $ 33,477 S.B. of Examiners for Speech Pathology and Audiology $ 6,500 $ 28,069 S.B. of Registration for Used Car Dealers $ 14,600 $ 218,710 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 11,300 $ 51,274 S.B. of Veterinary Medicine $ 45,500 $ 129,196 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 14,700 $ 160,266 Total $ 1,087,800 $ 7,988,806 B. Budget Unit: Real Estate Commission $ 1,804,811 Real Estate Commission Budget: Personal Services $ 1,007,853 Regular Operating Expenses $ 152,894 Travel $ 13,500 Motor Vehicle Purchases $ 19,000 Equipment $ 23,900 Computer Charges $ 311,759 Real Estate Rentals $ 121,450 Telecommunications $ 23,150 Per Diem, Fees and Contracts $ 134,900 Austerity Factor $ (3,595) Total Funds Budgeted $ 1,804,811 State Funds Budgeted $ 1,804,811 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,804,811 $ 1,844,811 Page 2394 Section 37. Soil and Water Conservation Commission . Budget Unit: Soil and Water Conservation Commission $ 1,982,629 Soil and Water Conservation Budget: Personal Services $ 968,540 Regular Operating Expenses $ 127,871 Travel $ 69,300 Motor Vehicle Purchases $ 10,450 Equipment $ 19,600 Computer Charges $ 5,600 Real Estate Rentals $ 50,405 Telecommunications $ 19,220 Per Diem, Fees and Contracts $ 442,420 County Conservation Grants $ 610,396 Austerity Factor $ (3,448) Total Funds Budgeted $ 2,320,354 State Funds Budgeted $ 1,982,629 Section 38. Student Finance Commission . Budget Unit: Student Finance Commission $ 23,380,129 Administration Budget: Personal Services $ 4,169,264 Regular Operating Expenses $ 382,851 Travel $ 65,800 Motor Vehicle Purchases $ 12,000 Equipment $ 25,000 Computer Charges $ 357,668 Telecommunications $ 132,000 Per Diem, Fees and Contracts $ 17,757 Payment of Interest and Fees $ 381,625 Guaranteed Educational Loans $ 4,210,000 Tuition Equalization Grants $ 15,032,175 Student Incentive Grants $ 5,020,320 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 104,500 Osteopathic Medical Loans $ 200,000 Georgia Military Scholarship Grants $ 462,030 Paul Douglas Teacher Scholarship Loans $ 444,425 Total Funds Budgeted $ 31,055,415 State Funds Budgeted $ 23,380,129 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,162,340 $ 0 Higher Education Assistance Corporation $ 381,625 $ 381,625 Georgia Student Finance Authority $ 25,511,450 $ 22,998,504 Total $ 31,055,415 $ 23,380,129 Section 39. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,700,000 Departmental Operations Budget: Personal Services $ 3,000,332 Regular Operating Expenses $ 307,000 Travel $ 26,000 Equipment $ 9,000 Computer Charges $ 1,119,000 Real Estate Rentals $ 301,000 Telecommunications $ 114,000 Per Diem, Fees and Contracts $ 339,000 Cost-of-Living Increases for Local Retirement System Members $ 2,950,000 Floor Fund for Local Retirement Systems $ 750,000 Post Retirement Benefit Increases for Retirees $ 0 Total Funds Budgeted $ 8,915,332 State Funds Budgeted $ 3,700,000 Section 40. Department of Technical and Adult Education . Budget Unit: Department of Technical and Adult Education $ 134,265,328 Department of Technical and Adult Education Budget: Personal Services $ 4,177,416 Regular Operating Expenses $ 340,242 Travel $ 128,000 Motor Vehcile Purchases $ 0 Equipment $ 8,000 Computer Charges $ 704,701 Real Estate Rentals $ 442,636 Telecommunications 62,000 Per Diem, Fees and Contracts $ 1,634,800 Personal Services-Institutions $ 88,038,621 Operating Expenses-Institutions $ 19,660,207 Capital Outlay $ 0 Quick Start Program $ 5,863,282 Area School Program $ 26,590,901 Regents Program $ 2,883,769 Adult Literacy Grants $ 7,998,458 Austerity Factor $ (14,850) Total Funds Budgeted $ 158,518,183 State Funds Budgeted $ 134,265,328 Functional Budgets Total Funds State Funds Administration $ 7,482,945 $ 6,356,889 Institutional Programs $ 151,035,238 $ 127,908,439 Total $ 158,518,183 $ 134,265,328 Section 41. Department of Transportation . Budget Unit: Department of Transportation $ 506,218,743 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportaion activities. Departmental Operations Budget: Personal Services $ 236,159,329 Regular Operating Expenses $ 55,355,731 Travel $ 1,818,631 Motor Vehicle Purchases $ 1,011,000 Equipment $ 5,056,695 Computer Charges $ 4,644,846 Real Estate Rentals $ 1,356,023 Telecommunications $ 2,200,916 Per Diem, Fees and Contracts $ 10,505,640 Capital Outlay $ 512,216,259 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,467,500 Capital Outlay - Airport Development $ 1,270,000 Mass Transit Grants $ 8,509,511 Savannah Harbor Maintenance Payments $ 1,217,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 G.O. Debt Sinking Fund $ 10,640,000 Austerity Factor $ (7,861) Total Funds Budgeted $ 872,055,233 State Funds Budgeted $ 506,218,743 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 562,155,251 $ 217,321,831 Maintenance and Betterments $ 242,684,790 $ 231,218,210 Facilities and Equipment $ 8,744,767 $ 8,107,732 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 22,580,214 $ 22,035,214 Total $ 845,482,035 $ 488,000,000 General Funds Budget Total Funds State Funds Grants to Municipalities $ 9,317,000 $ 9,317,000 Paving at State and Local Schools and State Institutions $ 750,000 $ 750,000 Air Transportation $ 1,778,542 $ 1,278,542 Inter-Modal Transfer Facilities $ 13,510,656 $ 5,656,201 Harbor Maintenance Activities $ 1,217,000 $ 1,217,000 Total $ 26,573,198 $ 18,218,743 Section 42. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 22,320,272 Departmental Operations Budget: Personal Services $ 4,967,818 Regular Operating Expenses $ 121,252 Travel $ 89,000 Motor Vehicle Purchases $ 0 Equipment $ 89,420 Computer Charges $ 13,812 Real Estate Rentals $ 227,338 Telecommunications $ 56,000 Per Diem, Fees and Contracts $ 20,100 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 15,554,973 Operating Expense/Payments to Medical College of Georgia $ 5,990,883 Regular Operating Expenses for Projects and Insurance $ 214,000 Austerity Factor $ (51,200) Total Funds Budgeted $ 27,293,396 State Funds Budgeted $ 22,320,272 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,492,763 $ 5,265,293 Veterans Home and Nursing Facility - Milledgeville $ 15,742,006 $ 12,425,244 Veterans Nursing Home - Augusta $ 6,058,627 $ 4,629,735 Total $ 27,293,396 $ 22,320,272 Section 43. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 8,431,162 Operations Budget: Personal Services $ 6,929,333 Regular Operating Expenses $ 307,375 Travel $ 68,350 Motor Vehicle Purchases $ 0 Equipment $ 3,830 Computer Charges $ 218,900 Real Estate Rentals $ 614,677 Telecommunications $ 104,660 Per Diem, Fees and Contracts $ 110,500 Georgia Crime Victims Assistance Program $ 200,000 Austerity Factor $ (26,463) Total Funds Budgeted $ 8,531,162 State Funds Budgeted $ 8,431,162 Section 44. State of Georgia General Obligation Debt Sinking Fund . Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 293,035,382 State of Georgia General Obligation Debt Sinking Fund (New) $ 28,186,000 Page 2400 Section 45. 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 46. 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 47. 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. Page 2401 Section 48. 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 49. 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 50. 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 51. Provisions Relative to Section 13, Department of Agriculture . Provided, that of the appropriation to the Department of Agriculture, $130,000 shall be divided equally between swine, cattle and poultry promotion. Section 52. Provisions Relative to Section 16, Department of Corrections . The Department of Corrections is authorized to utilize available interest earnings of the Georgia Building Authority (Penal) arising from capital outlay appropriations made in HB 145 of the 1989 General Assembly in an amount not to exceed $5,526,000 for the purpose of acquiring land and constructing a youth development facility. Page 2402 Section 53. Provisions Relative to Section 18, State Board of Education-Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,612.50 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 18, 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 1991. From the Appropriations in Section 18, 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, 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 1991 on the basis of one-eighteenth of the total appropriation for each Regional Development Commission 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 Page 2403 anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. 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 54. Provisions Relative to Section 19, Employees Retirement System . The Employees Retirement System is authorized to increase the employer contribution rate by thirty-one one-hundredths of one percent of salaries to fund the following: 1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991. Section 55. Provisions Relative to Section 23, 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: Page 2404 Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 235 $ 155 2 356 235 3 424 280 4 500 330 5 573 378 6 621 410 7 672 444 8 713 470 9 751 496 10 804 530 11 860 568 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 each MH MR SA institution for fiscal year 1991 that was authorized in fiscal year 1987. The Division of Mental Health, Mental Retardation and Substance Abuse is authorized to expend an amount not to exceed $2,340,000 of receipts from the Department of Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this appropriations act. Such funding shall be applied toward the following programs and purposes in no more than the amounts shown thereby: Regular Operating Expense - State institutions $ 531,000 Computer Charges - State and Regional Hospitals 65,000 Per Diem, Fees and Contracts - Physician coverage at State institutions 139,000 Community Mental Health, Mental Retardation and Substance Abuse programs 1,550,000 3 MR residential slots in Chatham Co. 55,000 In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph. Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities. Page 2405 Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit. Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease. The Department is authorized to utilize troubled children's benefits to expand community placements in order to secure additional federal Medicaid dollars. Section 56. Provisions Relative to Section 26, Department of Labor . The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exercise of this authority by the Department shall not be construed as a cancellation of obligation to make this or any future payments to the State Treasury. Section 57. Provisions Relative to Section 28, Department of Medical Assistance . Provided that of the State fund appropriation to the Department of Medical Assistance, $18,383,114 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990. Section 58. Provisions Relative to Section 29, Merit System of Personnel Administration . The Department is authorized to assess no more than $164.46 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 1991 shall not exceed ten and one-half percent (10.50%). Page 2406 Section 59. Provisions Relative to Section 30, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30. From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, 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 Regional Planning Commissions which employ Preservation Planners as of July, 1990. Section 60. Provisions Relative to Section 31, Department of Public Safety . The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds. Provided, that of the appropriation relating to the Department of Public Safety, Budget Unit B, the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy. Page 2407 Section 61. Provisions Relative to Section 34, Board of Regents, University System of Georgia . The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either 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 62. Provisions Relative to Section 40, Department of Technical and Adult Education . None of the State funds appropriated in Section 40 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 Technical and Adult Education. Section 63. Provisions Relative to Section 41, Department of Transportation . For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: (a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. Page 2408 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 41 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. It is the further intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assistance Road Program. It is the intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia. Section 64 . In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating Page 2409 funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($8,400,000 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 65 . 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 66 . 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 67 . 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 Page 2410 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 68 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncomplaince with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings Page 2411 with the chairmen of the House and Senate Appropriations Committees. Section 69 . 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 70 . 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 71 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 72 . 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 73 . 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 Page 2412 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 74 . (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 1990 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 of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may Page 2413 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 75 . 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 76 . 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 77 . Wherever in this Act the term Austerity Factor appears and is followed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor. Page 2414 Section 78. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 44 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), $1,292,500 is specifically appropriated for the State Board of Education for the purpose of financing 20 public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through the issuance of not more than $12,925,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,350,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, to wit: at Southern College of Technology, with a maximum principal amount authorization of $6,500,000 and at Georgia Southern University, with a maximum principal amount authorization of $17,000,000, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $13,000,000 is specifically appropriated for the purpose of financing a program of Development Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings structures, equipment and facilities, both real and personal, necessary or Page 2415 useful in connection therewith, through the issuance of not more than $130,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $6,494,500 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and independent school systems, through the issuance of not more than $64,945,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing a parking deck at the Georgia Institute of Technology 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 personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $390,000 is specifically appropriated for the purpose of financing the purchase and installation of a new nonwovens paper machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia, to finance any other improvements associated with such purchase and installation and to expand wastewater treatment facilities, by means of demolition, acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Page 2416 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing the construction of a facility at the University of Georgia for the Board of Regents, 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $398,000 is specifically appropriated for the purpose of financing equipment for comprehensive high schools for county and independent school systems through the State Department of Education, 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 $1,590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated to finance construction of a crime laboratory facility in Colquitt County, Georgia for the Georgia Bureau of Investigation, 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing the renovation of offices and facilities in buildings of the Georgia Building Authority, by means of the acquisition, construction, Page 2417 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $200,000 is specifically appropriated for the purpose of financing asbestos abatement and removal and renovation at the Trinity-Washington Building of the Georgia Building Authority, 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 two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing engineering design of a Regional Reservoir Project for the Department of Natural Resources, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $350,000 is specifically appropriated for the purpose of financing a parking deck at the Georgia State University 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 personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Page 2418 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose of financing improvements at the Atlanta Farmers Market for the Georgia Building Authority (Markets), 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 $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing the design of a dormitory at the Georgia Institute of Technology for the Board of Regents of the University System of Georgia, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $300,000 is specifically appropriated for the purpose of financing the purchase of equipment and construction of facilities for wildlife management areas and for public fishing areas of the Department of Natural Resources, 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $511,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections in Mitchell, Lowndes and Emanuel Counties, 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 Page 2419 the issuance of not more than $5,110,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose of financing the purchase of land at Georgia Southern University of 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 personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,000,000 is specifically appropriated for the purpose of financing construction of a facility at Dekalb College of 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 personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $90,000 is specifically appropriated for the purpose of financing the purchase of a facility at Valdosta State College of 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 personal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Page 2420 Section 79. Delayed Hiring Factor by Department . Dept. of Corrections A $20,071,083 Dept. of Human Resources A $ 2,427,508 Dept. of Human Resources B $ 1,691,600 Dept. Technical and Adult $ 478,610 Dept. of Revenue $ 51,042 Office of the Governor $ 17,000 Dept. of Law $ 57,373 Soil and Water Conservation Commission $ 59,482 Dept. Natural Resources $ 125,352 Section 80. Cost-of-Living and Other Increases . The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) For full time employees of the Executive, Judicial and Legislative branches of State Government, a 2.5% ($450 minimum) increase effective July 1, 1990; 2.) For Technical and Adult Education employees, a 2.5% increase effective July 1, 1990, for non-certified personnel, and for certificated personnel a 1% increase on the T-4 entrance level with an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year, effective September 1, 1990; 3.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 for the T-4 entrance level, with first and second 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; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year, effective September 1, 1990; 4.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective September 1, 1990; 5.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1990; 6.) For University System employees, a 2.5% salary increase to be effective September 1, 1990, for academic contracted personnel, and for a 2.5% salary increase, effective July 1, 1990, 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 Coorperative Extension Service and the Agricultural Experiment Station; 7.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B.262) of the 1978 Page 2421 Regular Session of the Georgia General Assembly as amended, as authorized in said act, Code Section 45-7-4; 8.) For 0.25% of the 10.50% employer contribution to the State Health Benefit Plan for State employees; 9.) For two 1.5% cost-of-living adjustments for retired members of the Employees Retirment System; and 10.) For cost-of-living increases in retirement benefits for retired members of the Employees Retirement System to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. In addition to all other appropriations there is hereby appropriated $6,235,000 for the retirement systems listed below for the purpose of funding cost-of-living increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by House Bill 738 enacted at the 1990 Regular Session of the General Assembly: Public School Employees Retirement System $ 248,000 Legislative Retirement System 6,700 Trial Judges and Solicitors Retirement Fund 3,300 Teachers Retirement System 5,977,000 In addition to all other appropriations for the State Fiscal Year ending June 30, 1991, there is hereby appropriated $678,800 for the purpose of funding HB 198, HB 436, HB 769, HB 1088 and SB 72. There is hereby appripriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Section 81. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1991 $7,785,427,500 Page 2422 Section 82 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 83 . All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1990. GAME AND FISHNONRESIDENT SALT-WATER FISHING LICENSE FEES. Code Section 27-2-23 Amended. No. 1454 (Senate Bill No. 741). AN ACT To amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to fees for fishing and hunting licenses and permits, so as to provide for licensing and fees for salt-water fishing licenses for nonresidents; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to fees for fishing and hunting licenses and permits, is amended by adding after subparagraph (U) of paragraph (7) thereof two new subparagraphs to read as follows: Page 2423 (V) Nonresident salt-water fishing license Annual 30.00 (W) Nonresident salt-water fishing license Seven-day 15.00 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1990. STATE BOARD OF REGISTRATION OF USED CAR DEALERSMEMBERSHIP; TERMINATION DATE. Code Section 43-47-3 and 43-47-16 Amended. No. 1455 (House Bill No. 1389). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, so as to change the provisions relating to the composition and appointment of members of the State Board of Registration of Used Car Dealers; to continue the State Board of Registration of Used Car Dealers but provide for the later termination of the board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, is amended by striking Code Section 43-47-3, relating to creation, composition, terms of office, vacancies in membership, and chairman of the State Board of Registration of Used Car Dealers, Page 2424 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) One member shall be a franchised motor vehicle dealer having used car operations; (2) Four members shall be independent used car dealers; (3) Four members shall be appointed from the public at large and 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, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; (5) The director of the Governor's Office of Consumer Affairs, or his designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; and (6) One member shall be a representative of the automobile auction industry. (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), (3), and (6) 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. 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 Page 2425 the board shall annually elect one of their number to serve as chairman for a term of one year. Section 2 . Said chapter is further amended by striking Code Section 43-47-16, relating to termination of the board, and inserting in lieu thereof a new Code Section 43-47-16 to read as follows: 43-47-16. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration of Used Car Dealers shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1990. Page 2427 RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1990 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA Page 2429 POLITICAL SUBDIVISIONS' TAXING POWERSIMPOSITION OF LOCAL SALES AND USE TAXES. Proposed Amendment to the Constitution. No. 67 (House Resolution No. 279). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows: (e) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to subparagraph (a) of this Paragraph, the General Assembly may by general or local law provide that any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of any local sales and use tax authorized by general law without any corresponding limitation of its ad valorem taxing powers. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: Page 2430 () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide that a political subdivision whose ad valorem taxing powers are restricted by constitutional amendment may impose a local sales and use tax without a corresponding limitation of its ad valorem taxing powers? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. DIVORCE ACTIONSVENUE AND JURISDICTION. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 585). A RESOLUTION Proposing an amendment to the Constitution so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce shall be tried in the county in which the plaintiff resides; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VI, Section II, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: Page 2431 Paragraph I. Divorce cases . Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that when a person becomes a defendant in a divorce case within six months after changing residency from one county in Georgia to another, the divorce may be tried in the county in which the plaintiff resides? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. Page 2432 INDEMNIFICATION OF LICENSED EMERGENCY RESCUE SPECIALISTSKILLED OR PERMANENTLY DISABLED. Proposed Amendment to the Constitution. No. 75 (House Resolution No. 588). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section VI, Paragraph VI of the Constitution is amended by striking subparagraph (d) thereof, which reads as follows: (d) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987., in its entirety and substituting in lieu thereof a new subparagraph (d) to read as follows: (d) The General Assembly may provide by law for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. Page 2433 The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. EDUCATION TRUST FUNDASSISTANCE TO STUDENTS AND PARENTS; POSTSECONDARY EDUCATION. Proposed Amendment to the Constitution. No. 85 (House Resolution No. 763). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education; to provide for advance payment of tuition contracts; to provide for implementation authority; to provide for the guarantee of such contracts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Page 2434 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new sub-paragraph (c) to read as follows: (c) The General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education and to provide for contracts between the fund and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education. Such general law shall provide for such terms, conditions, and limitations as the General Assembly shall deem necessary for the implementation of this subparagraph. Notwithstanding any provision of this Constitution to the contrary, the General Assembly shall be authorized to provide for the guarantee of such contracts with state revenues. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly by general law to provide for an education trust fund to assist students and parents of students in financing post-secondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. Page 2435 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. SOVEREIGN IMMUNITY AND OFFICIAL IMMUNITY. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 777). A RESOLUTION Proposing an amendment to the Constitution so as to provide for waiver of sovereign immunity by enactment of a State Tort Claims Act; to authorize the General Assembly to provide by law for procedures for the making, handling, and disposition of claims and actions against the state and its departments, agencies, officers, and employees; to waive sovereign immunity as to actions ex contractu; to provide the circumstances under which officers and employees of the state may be subject to suit; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article I, Section II of the Constitution is amended by deleting the existing Paragraph IX in its entirety and substituting therefor the following: Paragraph IX. Sovereign immunity and waiver thereof; claims against the state and its departments, agencies, officers, and employees . (a) The General Assembly may waive the state's sovereign immunity from suit by enacting a State Tort Claims Act, in which the General Assembly may provide by law for procedures for the making, handling, and disposition of actions or claims against the state and its departments, agencies, officers, and employees, upon Page 2436 such terms and subject to such conditions and limitations as the General Assembly may provide. (b) The General Assembly may also provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein. (c) The state's defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. (d) Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived. (e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. (f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or employees by the United States Constitution. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: Page 2437 () YES () NO Shall the Constitution be amended to provide that the General Assembly may authorize lawsuits against the state and its departments, agencies, officers, and employees and to provide how public officers and employees may and may not be held liable in court? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. AD VALOREM TAXATION OF CONSERVATION USE PROPERTY, AGRICULTURAL AND TIMBER LANDS, STANDING TIMBER, AND RESIDENTIAL TRANSITIONAL PROPERTY. Proposed Amendment to the Constitution. No. 95 (House Resolution No. 836). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Page 2438 Section 1 . Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) and inserting in its place a new subparagraph (a) to read as follows: (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c), (d), and (e), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Section 2 . Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (e) and inserting in its place new subparagraphs (e) and (f) to read as follows: (e) The General Assembly shall provide by general law: (1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: `bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and `bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions: (A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use; and (B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; (2) That standing timber shall be assessed only once, and such assessment shall be made following its harvest or sale and on the basis of its fair market value at the time of harvest or sale. Said assessment shall be two and one-half times the assessed percentage of value fixed by law for Page 2439 other real property taxed under the uniformity provisions of subparagraph (a) of this Paragraph but in no event greater than its fair market value; and for a method of temporary supplementation of the property tax digest of any county if the implementation of this method of taxing timber reduces the tax digest by more than 20 percent, such supplemental assessed value to be assigned to the properties otherwise benefiting from such method of taxing timber. (f) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c), (d), or (e). Section 3 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly by general law shall encourage the preservation, conservation, and protection of bona fide conservation use property (including agricultural and timber land) and bona fide residential transitional property through different methods of assessment and taxation of such property and shall provide for standing timber to be assessed only once after sale or harvest at an increased level of assessment? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. Page 2440 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. MUNICIPAL COURTSJURISDICTION OF STATE OFFENSES. Proposed Amendment to the Constitution. No. 99 (House Resolution No. 861). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to confer by law jurisdiction on municipal courts over violations of state law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VI, Section I, Paragraph I of the Constitution is amended by adding at the end of said Paragraph a new sentence to read as follows: The General Assembly shall have the authority to confer `by law' jurisdiction upon municipal courts to try state offenses. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: Page 2441 () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to confer `by law' jurisdiction upon municipal courts to try state offenses? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 4, 1990. EMERGING CROPS LOAN FUNDFINANCIAL ASSISTANCE TO FARMERS. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 796). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops and to authorize the appropriation of funds for the purposes of such emerging crops fund; to repeal a resolution previously adopted at the 1990 session; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs Page 2442 designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph (j) to read as follows: (j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic development. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine. Section 2 . House Resolution Number 466 proposing an amendment to the Constitution to authorize the General Assembly to provide by law for an emerging crops loan fund which was previously adopted by the General Assembly at the 1990 regular session is repealed in its entirety. Section 3 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of providing financing assistance to farmers to encourage economic development and consumer availability of emerging crops? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. Page 2443 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 17, 1990. PUBLIC OFFICIALSHOLDING OFFICE AFTER FELONY CONVICTION INVOLVING MORAL TURPITUDE. Proposed Amendment to the Constitution. No. 107 (Senate Resolution No. 116). A RESOLUTION Proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony involving moral turpitude shall be eligible to hold any office or appointment of honor or trust in this state unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article II, Section II of the Constitution is amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows: Paragraph III. Persons not eligible to hold office . No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons Page 2444 elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that no person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 17, 1990. Page 2445 THE FOLLOWING RESOLUTION, NO. 108 (HOUSE RESOLUTION NO. 466), WAS ADOPTED AT THE 1990 SESSION BUT WAS THEN REPEALED AND SUPERSEDED BY RESOLUTION NO. 106 (HOUSE RESOLUTION NO. 796). THIS RESOLUTION WILL NOT BE SUBMITTED TO THE ELECTORS AT THE 1990 NOVEMBER GENERAL ELECTION. EMERGING CROPS LOAN FUNDAUTHORIZED. Proposed Amendment to the Constitution. No. 108 (House Resolution No. 466). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on loans to farmers for economic development purposes and to authorize the appropriation of funds for the purposes of such emerging crops fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating the last two subparagraphs designated as subparagraph (g) as subparagraphs (h) and (i), respectively, and by adding at the end thereof a new subparagraph (j) to read as follows: (j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic development. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general Page 2446 law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for an emerging crops loan fund for the purpose of making loans to pay interest on loans to farmers to encourage economic development? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Page I APPELLATE COURTS SUPREME COURT OF GEORGIA As of May 1, 1990 HAROLD G. CLARKE Chief Justice GEORGE T. SMITH Presiding Justice CHARLES L. WELTNER Justice RICHARD BELL Justice WILLIS HUNT, JR. Justice ROBERT BENHAM Justice NORMAN S. FLETCHER 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 28, 1990 GEORGE H. CARLEY Cheif 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 DOROTHY TOTH BEASLEY Judge CLARENCE COOPER 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 May 1, 1990 ALAPAHA CIRCUIT HONS. W. D. KNIGHT, Chief Judge, P.O. Box 846, Nashville, GA 31639 BROOKS E. BLITCH III, Judge, P.O. Box 335, Homerville, GA 31634 BOB ELLIS, JR., D.A., P.O. Box 125, Nashville, GA 31639 AtkinsonFirst Monday in April and October BerrienFirst Monday in February and August ClinchThird Monday in March and September CookSecond Monday in January and July LanierFourth Monday in April and October Page II ALCOVY CIRCUIT HONS. MARVIN W. SORRELLS, Chief 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 Mondays in February, May, August, and November APPALACHIAN CIRCUIT HONS. BOBBY C. MILAM, Chief Judge, P.O. Box 576, Blue Ridge, GA 30513 ELIZABETH GLAZEBROOK, Judge, P.O. Box 545, Jasper, GA 30143 ROGER G. 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. PHILIP F. ETHERIDGE, Chief Judge, 801 Fulton County Courthouse, Atlanta, GA 30303 LUTHER ALVERSON, Judge, 205 Fulton County Courthouse, Atlanta, GA 30303 JOEL J. FRYER, Judge, 907 Fulton County Courthouse, Atlanta, GA 30303 FRANK M. ELDRIDGE, Judge, 615 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM W. DANIEL, Judge, 601 Fulton County Courthouse, Atlanta, GA 30303 ISAAC JENRETTE, Judge, 512 Fulton County Courthouse, Atlanta, GA 30303 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 405 Fulton County Courthouse, Atlanta, GA 30303 ED JOHNSON, Judge, 407 Fulton County Courthouse, Atlanta, GA 30303 LEAH SEARS-COLLINS, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 LEWIS R. SLATON, D.A., Third Floor, 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 31321-1018 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 Page III 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 MICHAEL C. EUBANKS, JR., D.A., A-121 City-County Building, 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, Cherokee County Courthouse, Suite 20, Canton, GA 30114 RICHARD S. (STAN) GAULT, Judge, 160 Forsyth County Courthouse, Cumming, GA 30130 GARRY T. 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 GlennSecond Monday in January, May and September Jeff DavisFirst and second Mondays in March; fourth Monday in September; first Monday in October WayneThird and fourth Mondays in April and November CHATTAHOOCHEE CIRCUIT HONS. E. MULLINS WHISNANT, Chief 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 Page IV 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 SHEPERD LEE HOWELL, Judge, Bartow County Courthouse, Cartersville, GA 30120 DARRELL E. WILSON, D.A., P.O. Box 907, Cartersville, GA 30120 BartowFirst Monday in February and August; fourth Monday in April; Third Monday in October GordonFirst Monday in March, June, and December; second Monday in September CLAYTON CIRCUIT HONS. JOE C. CRUMBLEY, Chief Judge, 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 30090-9643 GRANT BRANTLEY, Judge, 30 Waddell St., Marietta, GA 30090-9643 DOROTHY A. ROBINSON, Judge, 30 Waddell St., Marietta, GA 30090-9643 HARRIS HINES, Judge, 30 Waddell St., Marietta, GA 30090-9643 GEORGE H. KREEGER, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CAUTHORN, Judge, 250 Hardage Dr., Marietta, GA 30064 ROBERT E. FLOURNOY, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CHARRON, D.A., 30 Waddell St., Marietta, GA 30090-9643 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 III, D.A., P.O. Box 953, Dalton, GA 30722-0953 MurraySecond Monday in February and August WhitfieldSecond Monday in January and July Page V 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 Mondays in January; first and second Mondays in April; third and fourth Mondays in June; and third and fourth Mondays in September and Monday following CrispThird and fourth Mondays in February and Monday following; second, third, and fourth Mondays in May and November; second and third Mondays in August DoolyFourth Monday in January; and Monday following the third and fourth Mondays in April, July, and October WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Mondays 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 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. Box 1827, Albany, GA 31703-5301 LORING ALBERT GRAY, Judge, P.O. Box 1827, Albany, GA 31703-5301 BRITT R. PRIDDY, D.A., P.O. Box 1827, Albany, GA 31703-5301 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 Page VI 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 Mondays in February and November; first Monday in May; third and fourth Mondays in August HenrySecond, third, and fourth Mondays in January, April, July, and October LamarFirst and second Mondays in March, June, and December; second and third Mondays in September MonroeThird and fourth Mondays in February, May, and November; first and second Mondays in August GRIFFIN CIRCUIT HONS. ANDREW J. WHALEN, JR., Chief Judge, P.O. Box 627, Griffin, GA 30224 BEN J. MILLER, Judge, P.O. Box 307, Thomaston, GA 30286 PASCHAL A. ENGLISH, JR., Judge, Fayette County 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 K. DAWSON JACKSON, Judge, 75 Langley Dr., Lawrenceville, GA 30245 JAMES A. HENDERSON, Judge, Gwinnett Justice and Administration Center, 75 Langley Dr., Lawrenceville, GA 30245 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, GA 30245 RICHARD T. WINEGARDEN, Judge, 75 Langley Dr., Lawrenceville, GA 30245 TOM LAWLER III, D.A., 75 Langley Dr., 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 Page VII 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 ChatoogaFirst 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, 310 Bibb County Courthouse, Macon, GA 31201 WALKER P. JOHNSON, JR., Judge, 310 Bibb County Courthouse, Macon, GA 31201 TOMMY DAY WILCOX, Judge, 310 Bibb County Courthouse, Macon, GA 31201 BRYANT CULPEPPER, Judge, 310 Bibb County Courthouse, Macon, GA 31201 WILLIS SPARKS III, D.A., 3rd Floor, Grant Building, Macon, GA 31201 BibbFirst Monday in February, April, June, August, October, and December CrawfordThird and fourth Mondays in March and October PeachFirst and second Mondays in March and August; third and fourth Mondays in November MIDDLE CIRCUIT HONS. WALTER C. McMILLAN, JR., Chief Judge, P.O. Box 1015, Sandersville, GA 31082 MARVIN B. HARTLEY, JR., Judge, P.O. Box 869, Lyons, GA 30436 RICHARD A. MALONE, D.A., P.O. Drawer 1409, Swainsboro, GA 30401 CandlerFirst and second Mondays in February and August EmanuelSecond Monday in January, April, July, and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August, and November WashingtonFirst Monday in March, June, September, and December MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, 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, Chief 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 Page VIII 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 1058, Eastman, GA 31023-1058 JIM WIGGINS, D.A., P.O. Box 1027, Eastman, GA 31023 BleckleyFirst Monday in March; second Monday in July and November DodgeThird Monday in February, May, August, and November MontgomeryFirst Monday in February, May, August, and November PulaskiSecond and third Mondays in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Mondays 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 Page IX PATAULA CIRCUIT HONS. PHILLIP SHEFFIELD, Chief 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, Chief 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 Mondays in April and October BarrowFirst and second Mondays in February and August; first Monday in May and November JacksonFirst and second Mondays in March; first Tuesday and third Monday in September ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, JR., Chief 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, Room 224, 12 E. 4th Ave., Rome, GA 30161 WALTER J. MATTHEWS, Judge, Room 107, 12 E. 4th Ave., Rome, GA 30161 LARRY SALMON, Judge, Room G-7, 12 E. 4th Ave., 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 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 Page X SOUTHERN CIRCUIT HONS. GEORGE A. HORKAN, JR., Chief Judge, P.O. Box 682, Moultrie, GA 31776-0682 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 31603-0099 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, Chief 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, JR., 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 JONATHAN 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 TALLAPOOSA CIRCUIT [Illegible Text] 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 Page XI 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 Mondays in February; second and third Mondays in May and November TiftFirst Monday in March and September; first and second Mondays in June and December TurnerSecond and third Mondays 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, Thomson, GA 30824 E. PURNELL DAVIS II, Judge, P.O. Box 66, Warrenton, GA 30828 DENNIS CARL SANDERS, D.A., P.O. Box 966, Thomson, 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 31502 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 Page XII INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Ad valorem taxation of conservation use property, agricultural and timber lands, standing timber, and residential transitional property 2437 Divorce actions; venue and jurisdiction 2430 Education trust fund; assistance to students and parents; postsecondary education 2433 Emerging crops loan fund; authorized 2445 Emerging crops loan fund; financial assistance to farmers 2441 Indemnification of licensed emergency rescue specialists; killed or permanently disabled 2432 Municipal courts; jurisdiction of state offenses 2440 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Public officials; holding office after felony conviction involving moral turpitude 2443 Sovereign immunity and official immunity 2435 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-3-1; amended 1903 Code Section 1-3-4.1; amended 1397 Code Section 1-4-8; enacted 175 Code Section 1-4-8; enacted 1061 Code Section 2-3-5; amended 872 Code Section 2-3-20; enacted Vetoed HB 1889 Code Section 2-3-21; enacted Vetoed HB 1889 Code Section 2-3-22; enacted Vetoed HB 1889 Code Section 2-3-23; enacted Vetoed HB 1889 Code Section 2-5-51; redesignated as Code Section 2-8-51 8 Code Section 2-7-99; amended 1253 Code Section 2-7-156; amended 5 Code Section 2-7-170; revised 8 Code Section 2-8-35; revised 8 Code Section 2-8-37; revised 8 Code Section 2-8-75; revised 8 Code Title 2, Chapter 8A; enacted 1696 Code Section 2-10-52; amended 320 Code Section 2-10-58; amended 320 Code Section 2-12-10; revised 8 Code Section 2-14-41; amended 373 Code Section 2-14-42; amended 373 Code Section 2-14-43; amended 373 Code Section 2-14-44; amended 373 Code Section 2-14-45; amended 373 Code Sections 2-14-120 through 2-14-123; enacted 338 Code Section 3-3-7; revised 8 Code Section 4-4-5; amended 572 Code Section 4-11-2; amended 1650 Code Section 4-11-3; amended 1650 Code Section 4-11-5.1; enacted 1686 Code Section 4-11-9.1; enacted 1650 Code Title 4, Chapter 11, Article 2; enacted 328 Page XIII Code Section 5-6-35; amended Vetoed SB 238 Code Section 7-1-241; amended 301 Code Section 7-1-242; amended 301 Code Section 7-1-394; revised 8 Code Section 7-1-484; revised 8 Code Section 7-1-650; amended 300 Code Section 7-1-681; amended 362 Code Title 7, Chapter 1, Article 4A; enacted 739 Code Section 7-1-911; amended 362 Code Section 7-1-912; amended 362 Code Section 7-1-941; amended 176 Code Section 7-1-942; amended 176 Code Section 7-1-943; amended 176 Code Section 7-1-951; amended 176 Code Section 7-5-4; amended 1 Code Section 8-2-1; amended 1212 Code Section 8-2-2; enacted 1212 Code Section 8-2-3; enacted 1212 Code Section 8-2-20; amended 1364 Code Section 8-2-25; amended 1364 Code Section 8-3-79; revised 8 Code Section 8-3-171; amended 1039 Code Section 8-3-172; amended 1039 Code Section 8-3-176; revised 8 Code Section 8-3-176; amended 1039 Code Section 8-3-176.1; enacted 2024 Code Section 8-3-177; amended 1039 Code Section 8-3-177; amended 45 Code Section 8-3-180; amended 1039 Code Section 8-3-186; amended 1039 Code Section 8-3-199; amended 45 Code Title 8, Chapter 3, Article 4; amended 1284 Code Section 8-3-301; revised 8 Code Section 9-2-61; amended 876 Code Section 9-9-84; enacted 573 Code Section 9-13-13; amended 298 Code Section 9-13-161; amended 1731 Code Section 10-1-266; amended 647 Code Section 10-1-268; amended 1434 Code Section 10-1-269; amended 647 Code Section 10-1-393; amended 1653 Code Section 10-1-510; enacted 164 Code Section 10-1-628; enacted 1004 Code Section 10-1-641; amended 1004 Code Section 10-1-651; amended 1004 Code Section 10-1-662; amended 1004 Code Section 10-1-665; enacted 1004 Code Section 10-1-666; enacted 1004 Code Section 10-1-667; enacted 1004 Code Section 10-1-668; enacted 1004 Code Title 10, Chapter 1, Article 27; amended 1560 Code Section 10-1-780; enacted 1013 Page XIV Code Section 10-1-781; enacted 1013 Code Section 10-1-782; enacted 1013 Code Section 10-1-783; enacted 1013 Code Section 10-1-784; enacted 1013 Code Section 10-1-785; enacted 1013 Code Section 10-1-786; enacted 1013 Code Section 10-1-787; enacted 1013 Code Section 10-1-788; enacted 1013 Code Section 10-1-789; enacted 1013 Code Section 10-1-790; enacted 1013 Code Section 10-1-791; enacted 1013 Code Section 10-1-792; enacted 1013 Code Section 10-1-793; enacted 1013 Code Section 10-1-794; enacted 1013 Code Section 10-4-10; amended 340 Code Section 10-4-106; amended 137 Code Section 10-5-2; amended 1332 Code Section 10-5-2; amended 1534 Code Section 10-5-3; amended 1534 Code Section 10-5-5; amended 1534 Code Section 10-5-7; amended 1534 Code Section 10-5-9; amended 1534 Code Section 10-5-9; amended 1332 Code Section 10-5-11; amended 1534 Code Section 10-5-12; amended 1534 Code Section 10-5-12; amended 1332 Code Section 10-5-13; amended 1534 Code Section 10-5-14; amended 1332 Code Section 10-5-14; amended 1534 Code Section 10-5-23; amended 1534 Code Section 10-5-24; amended 1534 Code Section 12-2-1; amended 223 Code Section 12-3-3; revised 8 Code Section 12-3-193; amended 872 Code Section 12-3-233; amended 872 Code Section 12-3-312; amended 872 Code Section 12-3-401; amended 872 Code Section 12-3-472; amended 6 Code Section 12-3-502; revised 8 Code Sections 12-3-520 through 12-3-534; enacted 1062 Code Sections 12-3-550 through 12-3-554; enacted 1079 Code Section 12-5-23.1; enacted 1207 Code Section 12-5-27.1; revised 8 Code Section 12-5-27.1; amended 1203 Code Section 12-5-29; amended 1218 Code Section 12-5-29.1; enacted 1216 Code Section 12-5-30.2; enacted 1201 Code Section 12-5-52; amended 1211 Code Section 12-5-281; revised 8 Code Section 12-5-372; amended 326 Code Section 12-5-375; amended 326 Code Section 12-5-451; revised 8 Page XV Code Section 12-5-453; revised 8 Code Section 12-7-6; revised 8 Code Title 12, Chapter 8, Article 2; amended 412 Code Section 12-8-23; revised 8 Code Section 12-8-23.1; amended 1222 Code Section 12-8-25.2; amended 1222 Code Section 12-8-27; amended 223 Code Section 12-8-27; revised 8 Code Section 12-8-28.1; revised 8 Code Section 12-8-44; revised 8 Code Section 12-8-62; amended 1427 Code Section 12-8-65.1; enacted 1427 Code Section 12-8-65.2; enacted 1427 Code Section 12-8-65.3; enacted 1427 Code Section 12-8-65.4; enacted 1427 Code Section 12-8-66; amended 1427 Code Section 12-8-102; amended 1983 Code Section 12-8-112.1; amended 1983 Code Section 12-11-10; amended 1256 Code Section 12-11-11; amended 1256 Code Section 12-12-26; amended 285 Code Title 12, Chapter 15; enacted 861 Code Section 13-8-2; amended 1676 Code Section 13-8-2.1; enacted 1676 Code Section 14-2-140; amended 257 Code Section 14-2-201.1; amended 257 Code Section 14-2-302; amended 257 Code Section 14-2-402; amended 257 Code Section 14-2-824; amended 257 Code Section 14-2-915; amended 257 Code Section 14-2-920; amended 257 Code Section 14-2-921; amended 257 Code Section 14-2-932; amended 257 Code Section 14-2-933; amended 257 Code Section 14-2-941; amended 257 Code Section 14-2-1006.1; amended 257 Code Section 14-2-1021; amended 257 Code Section 14-2-1105; amended 257 Code Section 14-2-1105.1; amended 257 Code Section 14-2-1106; amended 257 Code Section 14-2-1131; amended 257 Code Section 14-2-1132; amended 257 Code Section 14-2-1326; amended 257 Code Section 14-2-1327; amended 257 Code Section 14-2-1403.1; amended 257 Code Section 14-2-1408; amended 257 Code Section 14-2-1421; amended 257 Code Section 14-2-1433; amended 257 Code Section 14-2-1502; amended 257 Code Section 14-2-1510; amended 257 Code Section 14-3-132; amended 257 Code Section 14-3-153; amended 257 Page XVI Code Section 14-3-173; amended 257 Code Section 14-3-216; amended 257 Code Section 14-3-293; repealed 257 Code Section 14-8-42; amended 257 Code Section 14-9-102; amended 257 Code Section 14-9-103; amended 257 Code Section 15-1-4; amended 590 Code Section 15-1-9.1; amended 497 Code Section 15-1-9.1; amended 920 Code Section 15-1-9.1; amended 343 Code Section 15-1-9.1; revised 8 Code Section 15-1-11; revised 8 Code Section 15-6-2; amended Vetoed SB 548 Code Section 15-6-2; amended 497 Code Section 15-6-2; amended 474 Code Section 15-6-2; amended 471 Code Section 15-6-2; amended 489 Code Section 15-6-3; amended 920 Code Section 15-6-15; revised 8 Code Section 15-6-21; revised 8 Code Section 15-6-25; amended 1226 Code Section 15-6-50.1; revised 8 Code Section 15-6-50.2; enacted 162 Code Section 15-6-67; amended 1505 Code Section 15-6-67; revised 8 Code Section 15-6-77; amended 805 Code Section 15-7-21; amended 349 Code Section 15-7-25; amended 343 Code Section 15-9-1.1; amended 312 Code Section 15-9-11.1; amended 568 Code Section 15-9-16; revised 8 Code Section 15-9-34; amended 1421 Code Section 15-9-65; revised 8 Code Section 15-9-66; revised 8 Code Section 15-9-67; revised 8 Code Section 15-9-86.1; revised 8 Code Section 15-9-86.1; amended 45 Code Section 15-9-121; amended 1421 Code Section 15-10-8; enacted 297 Code Section 15-10-24; amended 336 Code Section 15-10-25; amended 336 Code Section 15-10-50; amended 886 Code Section 15-10-131; revised 8 Code Section 15-10-134; revised 8 Code Section 15-10-137; revised 8 Code Section 15-11-2; amended 1691 Code Section 15-11-2; amended 1930 Code Section 15-11-3.1; amended 1691 Code Section 15-11-4.1; amended 1691 Code Section 15-11-5; amended 1572 Code Section 15-11-10; amended 1691 Code Section 15-11-20; amended 1351 Page XVII Code Section 15-11-30; amended 1930 Code Section 15-11-35; amended 1691 Code Section 15-11-38; amended 1930 Code Section 15-11-39; amended 1930 Code Section 15-11-41; amended 1765 Code Section 15-11-41; revised 8 Code Section 15-11-50; amended 1691 Code Section 15-11-56.1; enacted 1871 Code Section 15-11-58; amended 1930 Code Section 15-11-59; amended 1930 Code Section 15-11-81; amended 1572 Code Section 15-11-81; amended 1425 Code Section 15-11-83; amended 1572 Code Section 15-16-1; revised 8 Code Section 15-18-14; revised 8 Code Section 15-18-14; amended 1235 Code Section 15-18-17; amended 1226 Code Section 15-18-22; revised 8 Code Section 15-18-22; amended 1166 Code Section 15-18-28; enacted 1363 Code Section 15-18-43; revised 8 Code Section 15-18-44; revised 8 Code Section 15-19-3; revised 8 Code Section 15-20-3; amended 1166 Code Section 15-20-4; revised 8 Code Section 15-20-9; revised 8 Code Section 15-21-92; revised 8 Code Title 15, Chapter 21, Article 6; enacted 2018 Code Section 16-5-61; amended 1690 Code Section 16-6-5.1; amended 1003 Code Section 16-6-22.1; enacted 1003 Code Section 16-6-22.2; enacted 1003 Code Section 16-7-29; repealed 2048 Code Section 16-7-29; amended 881 Code Section 16-7-40; revised 8 Code Section 16-7-42; revised 8 Code Section 16-7-44; revised 8 Code Section 16-7-45; revised 8 Code Section 16-7-46; revised 8 Code Section 16-7-64; amended Vetoed HB 1512 Code Section 16-9-5; enacted 1440 Code Section 16-9-20; revised 8 Code Section 16-9-30; amended 304 Code Section 16-9-33; amended 304 Code Section 16-9-36.1; enacted 304 Code Section 16-11-129; amended 138 Code Section 16-11-129; amended 2012 Code Section 16-11-130; amended 558 Code Section 16-12-5; enacted 1866 Code Section 16-12-24; enacted Vetoed HB 1512 Code Section 16-12-32; amended 587 Code Section 16-12-35; amended Vetoed SB 412 Page XVIII Code Section 16-12-53; amended 1944 Code Section 16-13-25; revised 8 Code Section 16-13-25; amended 640 Code Section 16-13-28; revised 8 Code Section 16-13-29.1; revised 8 Code Section 16-13-30; amended 992 Code Section 16-13-32.4; enacted 1097 Code Section 16-13-71; amended 640 Code Section 16-13-110; enacted 2009 Code Section 16-13-111; enacted 2009 Code Section 16-13-112; enacted 2009 Code Section 16-13-113; enacted 2009 Code Section 16-13-114; enacted 2009 Code Section 16-14-3; revised 8 Code Section 16-14-15; amended 322 Code Section 17-4-40; revised 8 Code Section 17-5-20; amended 1980 Code Section 17-5-21; amended 1980 Code Section 17-5-31; revised 8 Code Section 17-6-1; revised 8 Code Section 17-6-2; revised 8 Code Section 17-6-11; revised 8 Code Section 17-6-70; revised 8 Code Section 17-6-71; revised 8 Code Section 17-6-71; amended 2336 Code Section 17-6-72; amended 2336 Code Section 17-6-110; revised 8 Code Section 17-7-91; revised 8 Code Section 17-7-171; revised 8 Code Section 17-8-55; revised 8 Code Section 17-10-2; revised 8 Code Section 17-10-8; amended 1408 Code Section 17-10-12; revised 8 Code Section 17-10-14; amended 1930 Code Section 17-12-41; revised 8 Code Section 17-12-61; revised 8 Code Section 17-12-72; revised 8 Code Section 17-13-34; revised 8 Code Section 17-15-2; revised 8 Code Section 17-15-4; revised 8 Code Section 17-15-6; revised 8 Code Section 18-4-22; amended 360 Code Section 18-4-22.1; repealed 360 Code Title 19, Chapter 1; amended 1785 Code Section 19-5-10; amended 1315 Code Section 19-6-33; revised 8 Code Section 19-7-3; amended 1572 Code Section 19-7-5; amended 1761 Code Title 19, Chapter 8; amended 1572 Code Section 19-8-6; amended 1034 Code Section 19-9-3; amended 1423 Code Section 19-9-6; enacted 1423 Page XIX Code Section 19-11-53; amended 1832 Code Section 20-1-20; enacted 2037 Code Section 20-1-21; enacted 2037 Code Section 20-1-22; enacted 2037 Code Section 20-1-23; enacted 2037 Code Section 20-1-24; enacted 2037 Code Section 20-1-25; enacted 2037 Code Section 20-1-26; enacted 2037 Code Section 20-1-27; enacted 2037 Code Section 20-2-13; amended 1972 Code Section 20-2-54.1; amended 1261 Code Section 20-2-63; repealed 1343 Code Section 20-2-102; revised 8 Code Section 20-2-142; amended 1972 Code Section 20-2-144; enacted 2043 Code Section 20-2-150; amended 1354 Code Section 20-2-151; amended 1359 Code Section 20-2-160; amended 1354 Code Section 20-2-161; amended 847 Code Section 20-2-162; amended 1354 Code Section 20-2-165; amended 1354 Code Section 20-2-167; amended 1972 Code Section 20-2-167; amended 847 Code Section 20-2-168; amended 1269 Code Section 20-2-181; amended 847 Code Section 20-2-182; amended 918 Code Section 20-2-182; amended 847 Code Section 20-2-186; amended 847 Code Section 20-2-200; amended 1312 Code Section 20-2-200; amended 1487 Code Section 20-2-200; amended 1339 Code Section 20-2-217; enacted 1254 Code Section 20-2-270; amended 1972 Code Section 20-2-290; amended 892 Code Section 20-2-292; amended Vetoed SB 411 Code Section 20-2-294; enacted Vetoed SB 411 Code Section 20-2-320; amended 1256 Code Section 20-2-504; amended 1035 Code Section 20-2-506; enacted 1035 Code Title 20, Chapter 2, Article 13; repealed 1344 Code Section 20-2-695; amended 688 Code Section 20-2-780; enacted 344 Code Section 20-2-795.1; enacted 1867 Code Section 20-2-833; amended 1354 Code Section 20-2-853; revised 8 Code Section 20-2-881; amended 1924 Code Section 20-2-911; amended 1924 Code Title 20, Chapter 2, Article 20; enacted 1132 Code Section 21-5-50; amended 922 Code Section 20-2-1075; enacted 917 Code Section 20-2-1184; enacted 1834 Code Title 20, Chapter 3, Article 2, Part 4; enacted 2033 Page XX Code Title 20, Chapter 3, Article 3; repealed 1166 Code Title 20, Chapter 4, Article 4; repealed 1166 Code Section 20-3-234; amended 1903 Code Title 20, Chapter 3, Article 7; amended 1166 Code Section 20-3-422; amended 1903 Code Section 20-3-423; amended 1903 Code Title 20, Chapter 3, Article 9; amended 579 Code Title 20, Chapter 3, Article 10; enacted 1448 Code Section 20-4-10; amended 1903 Code Section 20-4-31; amended 1972 Code Section 20-13-1 through 20-13-12; enacted 594 Code Section 21-2-4.1; amended 1903 Code Section 21-2-40; amended 243 Code Section 21-2-213; amended 1238 Code Section 21-2-132; amended 243 Code Section 21-2-140; enacted 2015 Code Section 21-2-153; amended 243 Code Section 21-2-154; amended 243 Code Section 21-2-170; amended 243 Code Section 21-2-172; amended 53 Code Section 21-2-211; amended 1282 Code Section 21-2-212; amended 243 Code Section 21-2-212; amended Vetoed HB 1419 Code Section 21-2-212; amended 143 Code Section 21-2-217; amended 143 Code Section 21-2-221; amended 143 Code Section 21-2-241; amended 243 Code Section 21-2-310; amended 243 Code Section 21-2-381; amended 143 Code Section 21-2-384; amended 143 Code Section 21-2-385; amended 143 Code Section 21-2-386; amended 143 Code Section 21-2-409; amended 53 Code Section 21-2-540; amended Vetoed HB 1628 Code Section 21-2-600; enacted 143 Code Section 21-3-51; amended 1399 Code Section 21-3-52; amended 243 Code Section 21-3-52; amended Vetoed HB 1628 Code Section 21-3-53; amended 243 Code Section 21-3-53; amended Vetoed HB 1628 Code Section 21-3-90; amended 243 Code Section 21-3-120; amended 143 Code Section 21-3-120; amended Vetoed HB 1419 Code Section 21-3-121; amended 1238 Code Section 21-3-125; amended 143 Code Section 21-3-140; amended 243 Code Section 21-3-210; amended 243 Code Section 21-3-280; amended 143 Code Section 21-3-283; amended 143 Code Section 21-3-284; amended 143 Code Section 21-3-285; amended 143 Code Section 21-3-286; amended 143 Page XXI Code Section 21-3-318; amended 53 Code Section 21-3-322; amended 243 Code Section 21-3-480; enacted 143 Code Section 21-4-3; amended 1939 Code Section 21-4-5; amended 1939 Code Section 21-4-6; amended 1939 Code Section 21-4-11; amended 1939 Code Section 21-5-3; amended 922 Code Section 21-5-30; amended 922 Code Section 21-5-30.2; enacted 368 Code Section 21-5-33; amended 1327 Code Section 21-5-34; amended 643 Code Section 21-5-34; amended 922 Code Section 21-5-35; amended 922 Code Title 21, Chapter 5, Article 2A; enacted 922 Code Section 21-5-50; amended 922 Code Section 22-3-60; amended 731 Code Section 22-3-61; amended 731 Code Section 22-3-62; amended 731 Code Section 22-4-2; revised 8 Code Section 22-4-10; revised 8 Code Section 24-9-5; amended 1795 Code Section 24-9-30; enacted 167 Code Section 24-9-47; amended 705 Code Section 24-10-27; amended 1446 Code Section 25-2-13; amended 1500 Code Section 25-2-16; amended Vetoed SB 716 Code Section 25-3-23; amended 354 Code Title 25, Chapter 9; amended 805 Code Section 26-2-26; amended 318 Code Section 26-2-26; revised 8 Code Section 26-2-32; amended 391 Code Section 26-4-80; revised 8 Code Section 27-1-5; amended 223 Code Section 27-1-18; amended 376 Code Section 27-2-4; amended 45 Code Section 27-2-9; amended 386 Code Section 27-2-23; amended 2422 Code Section 27-2-23; amended 386 Code Section 27-3-4; amended 380 Code Section 27-3-4; revised 8 Code Section 27-3-110; amended 386 Code Section 27-3-114; amended 386 Code Section 27-4-10; amended 762 Code Section 27-4-11; amended 762 Code Section 28-4-1; amended 366 Code Section 28-4-3; amended 782 Code Section 28-4-6; amended 366 Code Section 29-2-16; amended 642 Code Section 29-5-6; amended 764 Code Section 29-5-9; amended 764 Code Section 29-6-1; amended 45 Page XXII Code Section 29-6-2; amended 45 Code Section 29-6-3; amended 45 Code Section 29-6-4; amended 45 Code Section 29-6-6; amended 45 Code Section 29-6-8; amended 45 Code Section 29-6-11; amended 45 Code Section 29-6-12; amended 45 Code Section 29-6-13; amended 45 Code Section 29-6-14; amended 45 Code Section 29-6-15; amended 45 Code Section 29-6-16; amended 45 Code Section 29-6-18; amended 45 Code Section 30-7-5; amended 1943 Code Section 31-2-4; amended 791 Code Section 31-6-20; amended 1903 Code Section 31-6-44; amended 1903 Code Section 31-6-44; amended 1469 Code Section 31-6-45.1; enacted 860 Code Section 31-7-1; amended 381 Code Section 31-7-3.1; enacted 1810 Code Section 31-7-7; amended 561 Code Section 31-7-8; amended 561 Code Section 31-7-75; amended 310 Code Section 31-7-155; amended 378 Code Section 31-7-190; amended 894 Code Section 31-7-191; amended 894 Code Section 31-7-192; amended 894 Code Section 31-7-193; amended 894 Code Section 31-7-194; amended 894 Code Section 31-7-195; amended 894 Code Section 31-7-196; amended 894 Code Section 31-7-197; amended 894 Code Section 31-7-198; amended 894 Code Section 31-7-201; amended 894 Code Section 31-7-206; amended 894 Code Sections 31-8-150 through 31-8-159; enacted 139 Code Section 31-9-6.1; amended 1400 Code Section 31-12-6; revised 8 Code Title 31, Chapter 13; amended 711 Code Section 31-20-2; amended 325 Code Section 31-22-9.2; amended 705 Code Section 31-30-3; amended 45 Code Title 31, Chapter 36; enacted 1101 Code Title 31, Chapter 36; enacted 1051 Code Section 32-2-20; amended 296 Code Section 32-6-24; amended 255 Code Section 32-9-3; repealed 915 Code Section 32-10-65.1; enacted 8 Code Section 33-1-16; enacted 1477 Code Section 33-2-8.1; revised 8 Code Section 33-2-8.1; amended 1496 Code Section 33-2-11; revised 8 Page XXIII Code Section 33-3-5; amended 1275 Code Section 33-3-6; amended 1275 Code Section 33-3-7; amended 1275 Code Section 33-7-14; amended 1275 Code Section 33-9-21; amended 1409 Code Section 33-11-25.1; amended 45 Code Section 33-14-61; amended 1275 Code Section 33-17-16; amended 1275 Code Section 33-23-63; revised 8 Code Section 33-24-2; revised 8 Code Section 33-24-5; revised 8 Code Section 33-24-6; amended 1000 Code Section 33-24-6; amended 132 Code Section 33-24-21; revised 8 Code Section 33-24-21.1; revised 8 Code Section 33-24-22; amended 1572 Code Section 33-27-1; amended 1402 Code Section 33-27-1; revised 8 Code Section 33-27-8; enacted 1402 Code Section 33-27-9; enacted 1402 Code Section 33-28-3; revised 8 Code Section 33-29-2; amended 1402 Code Section 33-29-3; revised 8 Code Section 33-29-3.2; enacted 1057 Code Section 33-30-1; amended 1402 Code Section 33-30-4.2; enacted 1057 Code Section 33-30-28; enacted 1402 Code Section 33-30-29; enacted 1402 Code Section 33-31-5; revised 8 Code Section 33-33-11; amended 1283 Code Section 33-34-10.1; repealed 2048 Code Section 33-34-10.2; repealed 2048 Code Section 33-34-11; repealed 2048 Code Section 33-34-11; amended 1236 Code Section 33-34-12; repealed 2048 Code Section 33-34-12; revised 8 Code Section 33-34-12.1; repealed 2048 Code Section 33-34-12.2; repealed 2048 Code Section 33-34-12.3; repealed 2048 Code Section 33-34-13; repealed 2048 Code Section 33-34-14; repealed 2048 Code Section 33-34-16; amended 194 Code Section 33-34-16.1; enacted 1477 Code Section 33-34-16.2; enacted 1477 Code Section 33-34-16.3; enacted 1477 Code Section 33-34-17; repealed 2048 Code Section 33-35-1; revised 8 Code Section 33-35-2; revised 8 Code Section 33-35-4; revised 8 Code Section 33-35-10; revised 8 Code Section 33-35-11; revised 8 Code Section 33-35-12; revised 8 Page XXIV Code Section 33-35-15; revised 8 Code Section 33-35-21; revised 8 Code Section 33-36-8; revised 8 Code Section 33-37-17; revised 8 Code Section 33-38-9; revised 8 Code Section 33-38-15; amended 1367 Code Section 33-39-3; revised 8 Code Section 33-39-9; revised 8 Code Section 33-39-11; revised 8 Code Section 33-43-2; revised 8 Code Section 33-43-4; amended 814 Code Section 33-43-5; amended 814 Code Section 33-44-2; revised 8 Code Section 33-44-3; revised 8 Code Section 33-44-7; revised 8 Code Title 33, Chapter 45; enacted 1817 Code Title 33, Chapter 45; enacted 1088 Code Section 34-1-3; amended 590 Code Section 34-8-40; amended 870 Code Section 34-9-1; amended 1501 Code Section 34-9-2.3; enacted 293 Code Section 34-9-11; amended 1164 Code Section 34-9-13; revised 8 Code Section 34-9-13; amended 1409 Code Section 34-9-17; amended 1147 Code Section 34-9-52; amended 1409 Code Section 34-9-81.1; revised 8 Code Section 34-9-104; amended 1409 Code Section 34-9-124.1; enacted 392 Code Section 34-9-124.1; enacted 1087 Code Section 34-9-133; amended 781 Code Section 34-9-161; amended 997 Code Section 34-9-163; amended 997 Code Section 34-9-170; repealed 997 Code Section 34-9-171; amended 997 Code Section 34-9-200; amended 1409 Code Section 34-9-200.1; amended 1409 Code Section 34-9-201; amended 1409 Code Section 34-9-202; amended 1409 Code Section 34-9-205; amended 1409 Code Section 34-9-206; amended 1409 Code Section 34-9-220; amended 1409 Code Section 34-9-221; amended 1409 Code Section 34-9-243; amended 1409 Code Section 34-9-244; enacted 1409 Code Section 34-9-261; amended 1409 Code Section 34-9-262; amended 1409 Code Section 34-9-380 through 34-9-389; enacted 770 Code Section 34-11-7; amended 816 Code Title 34, Chapter 13; amended 1945 Code Section 35-2-32; amended 1329 Code Section 35-2-43; amended 283 Page XXV Code Section 35-3-9; amended 540 Code Section 35-3-15; enacted 1735 Code Section 35-3-35; amended 1831 Code Section 35-6A-3; revised 8 Code Section 36-1-16; amended 1345 Code Section 36-1-20; amended 1345 Code Section 36-1-24; enacted 1689 Code Section 36-9-2.1; enacted 133 Code Section 36-9-3; amended 877 Code Title 36, Chapters 20 and 45; enacted 1642 Code Section 36-30-3; amended 286 Code Section 36-30-13; revised 8 Code Section 36-32-11; enacted 882 Code Title 36, Chapter 32, Article 2; enacted 882 Code Section 36-36-22.1; amended 1396 Code Section 36-37-6; amended 877 Code Section 36-41-6; amended 45 Code Section 36-42-7; amended 570 Code Section 36-43-4; amended 1348 Code Section 36-43-6; amended 1348 Code Section 36-60-12; revised 8 Code Section 36-60-14; revised 8 Code Section 36-60-14; enacted 254 Code Section 36-62-13; enacted 383 Code Section 36-69-2; amended 1959 Code Section 36-69-3; amended 1959 Code Section 36-69-4; amended 1959 Code Section 36-69-5; amended 1959 Code Section 36-69-6; amended 1959 Code Section 36-69-7; amended 1959 Code Section 36-69-8; amended 1959 Code Title 36, Chapter 71; enacted 692 Code Section 36-82-4.2; enacted 1441 Code Title 36, Chapter 82, Article 8; amended 817 Code Section 37-3-1; amended 45 Code Section 37-3-2; amended 45 Code Section 37-3-102; amended 45 Code Section 37-3-104; amended 45 Code Section 37-4-2; amended 45 Code Section 37-4-3; amended 45 Code Section 37-4-62; amended 45 Code Section 37-4-64; amended 45 Code Section 37-7-2; amended 45 Code Section 37-7-102; amended 45 Code Section 37-7-104; amended 45 Code Section 38-1-1; amended 45 Code Section 38-4-5; amended 371 Code Section 38-4-53; amended 45 Code Section 38-4-72; amended 45 Code Section 39-2-11.1; amended 1501 Code Title 40, Chapters 1, 2, 3, 5, and 6; amended 2048 Code Section 40-1-5; enacted 1657 Page XXVI Code Section 40-2-5; amended 1657 Code Section 40-2-7; revised 8 Code Section 40-2-20; amended 1657 Code Section 40-2-30; amended 159 Code Section 40-2-33; amended 1883 Code Section 40-2-39; revised 8 Code Section 40-2-60.1; amended 1902 Code Section 40-2-62; amended 159 Code Section 40-2-68; amended 45 Code Section 40-2-70; amended 1476 Code Section 40-2-75; revised 8 Code Section 40-2-75.3; enacted 1316 Code Section 40-2-75.4; enacted 797 Code Title 40, Chapter 2, Article 3A; enacted 1883 Code Section 40-2-130; amended 1883 Code Section 40-3-2; amended 1657 Code Section 40-3-29.1; revised 8 Code Section 40-3-35; amended 1657 Code Section 40-3-35; revised 8 Code Section 40-3-51; revised 8 Code Section 40-5-1; amended 1154 Code Section 40-5-2; revised 8 Code Section 40-5-22.1; enacted 1148 Code Section 40-5-24; amended 1241 Code Section 40-5-25; revised 8 Code Section 40-5-27; amended Vetoed SB 448 Code Section 40-5-53; amended 1913 Code Section 40-5-58; amended 1154 Code Section 40-5-70; amended 1154 Code Section 40-5-72; amended 1154 Code Section 40-5-75; enacted 1149 Code Section 40-5-75; amended 1097 Code Section 40-5-80; amended 1154 Code Section 40-5-82; amended 1154 Code Section 40-5-83; amended 1154 Code Section 40-5-100; amended 1913 Code Section 40-5-142; revised 8 Code Section 40-6-21; revised 8 Code Section 40-6-76; amended 1319 Code Section 40-6-160; revised 8 Code Section 40-6-162; revised 8 Code Section 40-6-164; revised 8 Code Section 40-6-225; revised 8 Code Section 40-6-270; revised 8 Code Section 40-6-331; amended 1241 Code Section 40-6-391.1; amended 1154 Code Section 40-6-395; amended 585 Code Section 40-8-76.1; amended 588 Code Section 40-8-79; enacted 588 Code Section 40-9-2; amended 649 Code Section 40-9-30; repealed 591 Code Section 40-9-31; repealed 591 Page XXVII Code Section 40-9-100; amended 738 Code Section 40-11-2; amended 1657 Code Section 40-11-3; amended 1657 Code Section 41-2-9; amended 1347 Code Section 42-2-13; revised 8 Code Section 42-2-14; amended 135 Code Section 42-4-4; amended 1443 Code Section 42-4-31; amended 1371 Code Section 42-4-32; amended 135 Code Section 42-5-50; amended 565 Code Section 42-8-34.2; enacted 1331 Code Section 42-8-62; amended 735 Code Section 42-8-65; amended 735 Code Section 42-9-46; amended 1001 Code Section 43-1-2; amended 1965 Code Section 43-1-19; amended 1965 Code Section 43-1-20.1; amended 1965 Code Section 43-4-11; amended 560 Code Section 43-4A-19; enacted 8 Code Section 43-6-1; amended 576 Code Section 43-6-3; amended 576 Code Section 43-6-5; repealed 576 Code Section 43-6-24; amended 576 Code Section 43-6-26; amended 576 Code Title 43, Chapter 8; amended 1916 Code Section 43-10A-3; amended 1484 Code Section 43-10A-10; amended 1484 Code Section 43-10A-11; amended 1484 Code Section 43-10A-12; amended 1484 Code Section 43-10A-21; amended 1484 Code Section 43-10A-24; amended 1445 Code Section 43-12-2; amended 45 Code Section 43-14-16; revised 8 Code Section 43-15-3; amended 1491 Code Section 43-15-23; amended 1491 Code Section 43-15-23.1; enacted 1491 Code Title 43, Chapter 18, Article 1; amended 1372 Code Section 43-20-21; amended 1857 Code Title 43, Chapter 26, Article 1; amended 747 Code Section 43-26-34; amended 891 Code Section 43-29-22; amended 284 Code Section 43-33-17; revised 8 Code Section 43-34-3; enacted 689 Code Section 43-34-21; amended 1903 Code Section 43-34-26.1; revised 8 Code Title 43, Chapter 39A; enacted 1701 Code Section 43-40-1; amended 650 Code Section 43-40-8; amended 650 Code Section 43-40-9; amended 650 Code Section 43-40-15; amended 650 Code Section 43-40-15; revised 8 Code Section 43-40-25; amended 650 Page XXVIII Code Section 43-40-30; amended 650 Code Section 43-41-20; amended 282 Code Section 43-47-2; amended 1032 Code Section 43-47-3; amended 2423 Code Section 43-47-3; amended 1903 Code Section 43-47-16; amended 2423 Code Section 43-48-21; amended 761 Code Section 44-1-13; revised 8 Code Title 44, Chapter 3, Article 1; reenacted 606 Code Section 44-3-75; amended 227 Code Section 44-3-76; amended 227 Code Section 44-3-80; amended 227 Code Section 44-3-82; amended 227 Code Section 44-3-91; amended 227 Code Section 44-3-92; amended 227 Code Section 44-3-93; amended 227 Code Section 44-3-94; amended 227 Code Section 44-3-101; amended 227 Code Section 44-3-102; amended 227 Code Section 44-3-106; amended 227 Code Section 44-3-107; amended 227 Code Section 44-3-109; amended 227 Code Section 44-3-111; amended 227 Code Section 44-3-116; enacted 227 Code Section 44-3-162; amended 227 Code Section 44-3-169; amended 227 Code Section 44-3-171; amended 227 Code Section 44-3-205; amended 227 Code Section 44-4-22; amended 168 Code Section 44-5-60; amended 384 Code Sections 44-5-110 through 44-5-124; repealed 667 Code Sections 44-5-110 through 44-5-134; enacted 667 Code Section 44-6-1; repealed 1837 Code Sections 44-6-200 through 44-6-206; enacted 1837 Code Section 44-7-37; enacted 1829 Code Title 44, Chapter 12, Article 5; amended 1506 Code Section 44-14-13; enacted 1653 Code Section 44-14-35.1; amended 256 Code Section 44-15-2; amended 1471 Code Section 44-15-3; amended 1471 Code Section 44-15-4; amended 1471 Code Section 44-15-7; amended 1471 Code Section 44-15-8; enacted 1471 Code Section 44-15-9; enacted 1471 Code Section 45-1-1; revised 8 Code Section 45-1-2; revised 8 Code Section 45-2-2; revised 8 Code Section 45-2-4; revised 8 Code Section 45-2-22; revised 8 Code Section 45-2-22; amended 45 Code Section 45-2-40; revised 8 Code Section 45-2-41; revised 8 Page XXIX Code Section 45-3-4; revised 8 Code Section 45-3-12; revised 8 Code Section 45-3-14; revised 8 Code Section 45-3-15; revised 8 Code Section 45-3-30; revised 8 Code Section 45-4-4; revised 8 Code Section 45-4-14; revised 8 Code Section 45-4-24; revised 8 Code Section 45-4-29; revised 8 Code Section 45-7-21; amended 1320 Code Section 45-7-21; amended 6 Code Section 45-7-28; revised 8 Code Section 45-7-28.1; revised 8 Code Section 45-7-33; enacted 131 Code Section 45-7-34; enacted 131 Code Section 45-7-51; revised 8 Code Section 45-8-22; revised 8 Code Section 45-8-23; revised 8 Code Section 45-8-25; revised 8 Code Section 45-8-26; revised 8 Code Section 45-8-27; revised 8 Code Section 45-8-29; revised 8 Code Section 45-8-30; revised 8 Code Section 45-9-2; revised 8 Code Section 45-9-3.1; repealed 1319 Code Section 45-9-4.2; enacted 1836 Code Section 45-9-42; amended 915 Code Section 45-9-60; revised 8 Code Section 45-9-81; amended 646 Code Section 45-9-81; amended 488 Code Section 45-9-84.1; revised 8 Code Section 45-10-40; revised 8 Code Section 45-10-41; revised 8 Code Section 45-11-4; amended 1969 Code Section 45-11-5; revised 8 Code Section 45-11-6; revised 8 Code Section 45-12-20; revised 8 Code Section 45-12-25; revised 8 Code Section 45-12-57; revised 8 Code Section 45-12-93; revised 8 Code Section 45-12-110; revised 8 Code Section 45-12-150; revised 8 Code Section 45-12-171; revised 8 Code Section 45-12-173; revised 8 Code Section 45-12-174; revised 8 Code Section 45-12-193; revised 8 Code Section 45-13-21; revised 8 Code Section 45-13-22; amended 782 Code Section 45-13-22; revised 8 Code Section 45-13-23; repealed 782 Code Section 45-13-24; amended 782 Code Section 45-13-26; revised 8 Page XXX Code Section 45-13-41; revised 8 Code Section 45-13-47; revised 8 Code Section 45-13-48; revised 8 Code Section 45-14-22; revised 8 Code Section 45-15-6; revised 8 Code Section 45-15-37; revised 8 Code Section 45-16-1; amended 1735 Code Section 45-16-6; amended 333 Code Sections 45-16-20 through 45-16-48; amended 1735 Code Section 45-16-21; revised 8 Code Section 45-16-22; revised 8 Code Section 45-16-25; amended 1968 Code Section 45-16-25; revised 8 Code Section 45-16-61; revised 8 Code Section 45-16-62; amended 1735 Code Section 45-16-62; amended 333 Code Section 45-16-64; amended 1967 Code Section 45-16-65; amended 333 Code Section 45-16-66; amended 1735 Code Section 45-16-66; amended 333 Code Section 45-17-1; revised 8 Code Section 45-17-34; revised 8 Code Section 45-18-15; amended 1924 Code Section 45-18-50; amended 1247 Code Section 45-18-52; amended 567 Code Section 45-18-52; amended 1247 Code Section 45-18-53; amended 1247 Code Section 45-18-54; amended 1247 Code Section 45-19-1; revised 8 Code Section 45-19-21; revised 8 Code Section 45-20-1; revised 8 Code Section 45-20-2; amended 732 Code Section 45-20-3; revised 8 Code Section 45-20-7; revised 8 Code Section 45-20-9; revised 8 Code Section 45-20-13; revised 8 Code Section 45-20-15; revised 8 Code Section 45-20-16; amended 1341 Code Section 45-20-16; enacted 732 Code Section 45-20-51; revised 8 Code Title 45, Chapter 20, Article 5; enacted 2028 Code Title 45, Chapter 20, Article 5; enacted 2046 Code Section 45-21-7; revised 8 Code Section 45-21-7; amended 1251 Code Title 45, Chapter 23; enacted 2004 Code Section 46-1-1; amended 709 Code Section 46-2-10; amended 856 Code Section 46-2-20; amended 856 Code Section 46-2-23; revised 8 Code Section 46-2-25.1; enacted 1672 Code Section 46-5-23; revised 8 Code Section 46-5-25; enacted 252 Page XXXI Code Section 46-5-30; amended 1118 Code Section 46-5-31; enacted 1118 Code Section 46-5-122; amended 179 Code Section 46-5-131; amended 179 Code Section 46-5-133; amended 179 Code Section 46-5-134; enacted 179 Code Section 46-5-135; enacted 179 Code Section 46-5-136; enacted 179 Code Section 46-5-137; enacted 179 Code Section 46-7-28; amended 2022 Code Section 46-7-70; amended 2022 Code Section 46-7-101; amended 2022 Code Section 46-8-232; amended 856 Code Title 46, Chapter 8A; enacted 856 Code Section 46-9-274; amended 1903 Code Section 47-1-3; amended 190 Code Section 47-1-10; amended 190 Code Section 47-1-20; amended 2019 Code Section 47-1-22.1; enacted 2019 Code Section 47-1-24; enacted 690 Code Title 47, Chapter 1, Article 3; enacted 879 Code Section 47-1-30; enacted 879 Code Section 47-2-96; amended 521 Code Section 47-2-96; amended 1225 Code Section 47-2-126; amended 525 Code Section 47-2-128; amended 1263 Code Section 47-2-129; amended 1263 Code Section 47-2-163; amended 1263 Code Section 47-2-182; enacted 508 Code Section 47-2-203; enacted 514 Code Section 47-2-244; amended Vetoed HB 1633 Code Section 47-2-266; enacted 356 Code Section 47-2-292; amended 527 Code Section 47-2-298; enacted 993 Code Section 47-2-310; amended 556 Code Section 47-2-319; enacted 527 Code Section 47-2-334; amended 539 Code Section 47-2-334; amended 356 Code Section 47-2-334; amended 532 Code Section 47-3-1; amended 685 Code Section 47-3-22; amended 536 Code Section 47-3-41.1; amended 536 Code Section 47-3-67; amended 518 Code Section 47-3-68; enacted 1811 Code Section 47-3-82; amended 529 Code Section 47-3-84.2; enacted 685 Code Section 47-3-90; amended 1796 Code Section 47-3-91; enacted 506 Code Section 47-3-101; amended 536 Code Section 47-5-2; amended 190 Code Section 47-5-20; amended 190 Code Section 47-5-24; amended 190 Page XXXII Code Section 47-6-70.2; enacted 534 Code Section 47-6-80; amended 510 Code Section 47-6-84; amended 534 Code Section 47-6-100; amended 554 Code Section 47-7-102; amended 554 Code Section 47-9-3; amended 516 Code Section 47-9-40; amended 550 Code Section 47-9-41.1; enacted 516 Code Section 47-9-70; amended Vetoed HB 1632 Code Section 47-9-70; amended 309 Code Section 47-10-3; amended 546 Code Section 47-10-40; amended 550 Code Section 47-10-60; amended 546 Code Section 47-10-61; repealed 546 Code Section 47-10-100; amended Vetoed HB 1635 Code Section 47-10-100; amended 546 Code Section 47-10-103; amended 546 Code Section 47-11-21; amended 543 Code Section 47-11-40; amended 543 Code Section 47-11-70; amended 312 Code Section 47-12-81; repealed 222 Code Section 47-12-82; amended 511 Code Section 47-13-2; amended 865 Code Section 47-13-40; amended 523 Code Section 47-13-40.1; enacted 865 Code Section 47-13-70; amended 865 Code Section 47-13-71; amended 865 Code Section 47-14-70; amended 1270 Code Section 47-14-71; amended 1270 Code Section 47-14-74; amended 1270 Code Section 47-14-75; amended 1270 Code Section 47-16-40; amended 315 Code Section 47-16-43; amended 315 Code Section 47-16-100; amended 315 Code Section 47-16-101; amended 553 Code Section 47-17-1; amended 540 Code Section 47-17-80; amended 482 Code Section 47-17-80; amended 346 Code Section 47-17-81; amended 482 Code Section 47-20-30; amended 767 Code Section 47-20-35; amended 767 Code Section 47-20-36; amended 767 Code Section 47-21-1; enacted 1811 Code Section 47-21-2; enacted 1811 Code Section 47-21-3; enacted 1811 Code Section 47-21-4; enacted 1811 Code Section 47-21-5; enacted 1811 Code Section 47-21-6; enacted 1811 Code Section 47-21-7; enacted 1811 Code Section 47-21-8; enacted 1811 Code Section 48-1-2; amended 1350 Code Section 48-2-51; amended 2041 Page XXXIII Code Section 48-2-55; amended 1875 Code Section 48-3-3; amended 1337 Code Section 48-4-1; amended 1875 Code Title 48, Chapter 4, Article 4; enacted 1875 Code Section 48-5-2; amended 1122 Code Section 48-5-2; amended 1869 Code Section 48-5-7; amended 1122 Code Section 48-5-7.1; amended 292 Code Section 48-5-7.3; enacted 1122 Code Section 48-5-32; enacted 889 Code Section 48-5-32; enacted 1901 Code Section 48-5-48; amended 45 Code Section 48-5-48; amended 1858 Code Section 48-5-48.3; amended 45 Code Section 48-5-48.3; repealed 1858 Code Section 48-5-103; amended 1324 Code Section 48-5-138; amended 1324 Code Section 48-5-150; amended 289 Code Section 48-5-153; amended 1324 Code Section 48-5-160; repealed 1324 Code Section 48-5-161; amended 1324 Code Section 48-5-165; amended 1495 Code Section 48-5-180; revised 8 Code Section 48-5-220; amended 793 Code Section 48-5-298; amended 1830 Code Section 48-5-311; amended 1122 Code Section 48-5-311; amended 1361 Code Section 48-5-349; amended 291 Code Section 48-5-451; amended 2048 Code Section 48-5-478; amended 45 Code Section 48-5-493; amended 780 Code Section 48-5-512; amended 1337 Code Section 48-5-515; amended 1337 Code Section 48-5-519; amended 1337 Code Section 48-6-4; amended 1843 Code Section 48-6-22; amended 1353 Code Section 48-6-26.1; enacted 1843 Code Section 48-6-27; revised 8 Code Section 48-6-27; amended 1843 Code Title 48, Chapter 6, Article 3; amended 1843 Code Section 48-7-27; amended 1369 Code Section 48-8-2; amended 1243 Code Section 48-8-3; amended 45 Code Section 48-8-30; amended 1243 Code Section 48-8-49; amended 1243 Code Section 48-8-121; amended 382 Code Section 48-9-2; amended 799 Code Section 48-9-4; amended 799 Code Section 48-9-8; amended 799 Code Section 48-9-10; amended 799 Code Section 48-9-18; enacted 799 Code Section 48-9-19; enacted 799 Page XXXIV Code Section 48-9-33; amended 799 Code Section 48-10-1; amended 1883 Code Section 48-10-2; amended 1883 Code Section 48-10-2.1; amended 1883 Code Section 48-13-5; amended 1324 Code Section 48-13-6; amended 644 Code Section 48-13-17; amended 644 Code Section 48-13-50; amended 1134 Code Section 48-13-50.1; amended 1134 Code Section 48-13-51; amended 1134 Code Section 48-13-52; amended 1134 Code Section 48-13-53; amended 1134 Code Section 48-13-54; amended 1134 Code Section 48-13-55; amended 1134 Code Section 48-13-56; amendment 1134 Code Title 48, Chapter 15; enacted 1231 Code Section 49-2-13.1; enacted 915 Code Section 49-4-6; amended 45 Code Section 49-4-142; amended 1808 Code Section 49-4-147.2; enacted 161 Code Section 49-4-152.2; enacted 1808 Code Section 49-5-8; revised 8 Code Section 49-5-10; amended 540 Code Section 49-5-10; amended 1930 Code Section 49-5-10.1; enacted 1930 Code Section 49-5-12; revised 8 Code Section 49-5-40; amended 1778 Code Section 49-5-41; amended 1778 Code Section 49-5-44; amended 1778 Code Section 49-5-46; enacted 1778 Code Section 49-5-132; amended 1871 Code Section 49-5-154; amended 1871 Code Section 49-5-161; amended 1256 Code Title 49, Chapter 5, Article 8; enacted 1798 Code Title 49, Chapter 5, Article 8; enacted 1986 Code Title 49, Chapter 5, Article 8; enacted 1772 Code Title 49, Chapter 8; amended 1436 Code Section 49-10-2; amended 1320 Code Section 49-10-6; amended 1320 Code Section 50-3-64; enacted 1131 Code Section 50-3-64; enacted 157 Code Section 50-5-60; amended 1466 Code Section 50-8-7.3; enacted 412 Code Section 50-10-4; amended 2026 Code Section 50-12-22; amended 1903 Code Section 50-12-41; amended 1146 Code Section 50-13-2; amended 794 Code Section 50-13-4; amended 1274 Code Section 50-16-42; amended 1489 Page XXXV Code Section 50-18-72; amended 341 Code Section 50-19-5; amended 45 Code Title 50, Chapter 24; enacted 1566 Code Section 50-24-1; enacted 1081 Code Section 50-24-2; enacted 1081 Code Section 50-24-3; enacted 1081 Code Section 50-24-4; enacted 1081 Code Section 50-24-5; enacted 1081 Code Section 50-24-6; enacted 1081 Code Section 51-1-31; amended 44 Code Section 52-7-3; amended 1218 Code Section 52-7-8.1; amended 1218 Code Section 52-7-13; amended 317 Code Section 53-1-5; enacted 350 Code Section 53-1-45; amended 372 Code Section 53-2-115; amended 299 Code Section 53-3-13; amended 350 Code Section 53-6-26; amended 350 Code Section 53-6-27; amended 350 Code Section 53-7-145; amended 350 Code Section 53-7-180; amended 294 Code Section 53-12-3; amended 667 Code Section 53-15-3; amended 667 COURTS SUPREME COURT Justices; license plates 1902 COURT OF APPEALS Judges; license plates 1902 SUPERIOR COURTS Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; salary supplement 5168 Baldwin County; judges; supplement 5253 Bartow County; clerk of superior court; salary 4334 Burke County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Chatham County; clerk; salary 4302 Chatham County; district attorney; salary supplement 4355 Clayton County; sheriff; clerk; salary 4623 Cobb County; assistant district attorneys; chief investigator; salary 4456 Cobb County; clerk; salary 4209 Cobb County; Cobb Judicial Circuit; judges; supplement 5263 Cobb Judicial Circuit; judges; supplement 5263 Columbia County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Council of Superior Court Clerks; creation 162 Coweta Judicial Circuit; additional judge 474 Page XXXVI Dougherty County; judges; supplements 4587 Fayette County; clerk; salary Vetoed HB 1884 Fayette County; clerk; salary 4652 Fayette County; judges; county supplement 4459 Flint Judicial Circuit; additional judge 489 Glynn County; terms 920 Greene County; judges; supplement 5253 Griffin Judicial Circuit; judges; county supplement 4459 Hancock County; judges; supplement 5253 Hart County; clerk; salary 4528 Jasper County; judges; supplement 5253 Jones County; judges; supplement 5253 Morgan County; judges; supplement 5253 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; judges; supplement 5253 Pike County; judges; county supplement 4459 Putnam County; judges; supplement 5253 Richmond County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Rockdale County; clerk; salary 4185 Secretaries for judges and district attorneys; salary schedule 1226 Spalding County; judges; county supplement 4459 Upson County; judges; county supplement 4459 Western Judicial Circuit; judges; salary supplement 3501 Wilkinson County; judges; supplement 5253 JUVENILE COURTS Associate juvenile court judges; disposition of delinquent children 1691 Chatham County; judge; salary 4302 Cobb County; additional judge; compensation; duties 3539 Cobb County; judge; salary 4189 Detention of unruly children 1351 Floyd County; judge; election; salary 3896 Incorrigible children; custody by Department of Corrections; sentencing 1930 Supervision fees 1871 Termination of parental rights; adoption 1572 Termination of parental rights; evidence 1425 PROBATE COURTS Bartow County; probate court; judge; salary 4334 Butts County; costs; criminal and quasi-criminal cases; courthouse 4056 Chatham County; clerk; salary 4302 Chatham County; judge; salary 4302 Chatham County; probate court; clerk; compensation 3525 Chief clerk; assumption of duties during vacancy in the office of judge 568 Clayton County; judge; salary 4646 Cobb County; judge; clerk; salary 3743 Fayette County; judge; salary Vetoed HB 1885 Fayette County; judge; salary 4648 Hart County; judge; salary 4528 Page XXXVII Jury trials; contempt 1421 Probate courts; training of judges; retirement 312 Rockdale County; judge; salary 4177 STATE COURTS Chatham County; clerk; salary 4302 Chatham County; filing fees; mediation service 4131 Chatham County; judge; salary 4302 Clarke County; solicitor; salary 4861 Clayton County; judge; solicitor; deputy clerk; salaries 4367 Cobb County; assistant solicitors; number 4549 Cobb County; chief judge 3740 Cobb County; clerk and chief deputy clerk; salary 4343 Cobb County; judges; salary 3916 Cobb County; judges; salary 4304 Cobb County; second division 4113 Cobb County; solicitor; assistant solicitors; salary 4307 Fulton County; clerk; marshal; costs; fees 3558 Judges; residency 349 Mitchell County; judge; solicitor; compensation 5149 Pierce County; judge; solicitor; salary 3729 Richmond County; solicitor; salary 4743 Rockdale County; judge; salary 4723 Stephens County; judge; solicitor; salary 3880 Walker County; judge; solicitor; salary 3554 Washington County; judge and solicitor; salary 4220 Worth County; solicitor; salary 4522 MAGISTRATE COURTS Bartow County; chief magistrate; salary 4337 Butts County; chief magistrate; salary supplement 4432 Chatham County; chief magistrate; salary 4302 Chatham County; filing fees; mediation services 4127 Chattooga County; chief magistrate; appointment and elections 4000 Clarke County; judge; salary 4630 Discipline of magistrates 336 Lamar County; chief magistrate; selection; referendum 4022 Mitchell County; law library fees 4988 Postjudgment interrogatories 886 Retired magistrates; marriage ceremonies 297 Rockdale County; chief magistrate; salary 4520 MUNICIPAL COURTS Atlanta; fines and penalties 4537 Columbus; judge; clerk; marshal; salaries; costs 4402 Georgia Municipal Courts Training Council Act 882 Grayson; municipal court 5497 Hampton; jurisdiction; powers 4445 Jurisdiction of state offenses 2440 Page XXXVIII LaGrange; municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 Locust Grove; judges; jurisdiction; powers 4451 Madison; jurisdiction; judge; procedure 5132 McDonough; sentencing; penalties 4130 Stockbridge; judges; practices and procedure 4447 OTHER COURTS Chatham County; recorder's court; judge; salary 4302 Chatham County; recorder's court; senior judges; salary 5279 DeKalb County; recorder's court; clerk 5304 DeKalb County; recorder's court; penalties 4709 Richmond County; civil court; jurisdiction 4109 Traffic courts in municipalities of 300,000 or more; city jail fund 172 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance programs 220 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling County; board of commissioners; terms; referendum 4142 Appling County; board of education; members; terms; referendum 4720 Atkinson County; board of commissioners; chairman; members; salary 4234 Baldwin County; Development Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Baldwin County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Baldwin County; superior court; judges; supplement 5253 Banks County; coroner; salary 4191 Bartow County; commissioner; salary 4339 Bartow County; magistrate court; chief magistrate; salary 4337 Bartow County; sheriff; clerk of superior court; judge of probate court; salaries 4334 Bartow County; tax commissioner; salary 4341 Ben Hill County; board of education; election; terms; districts; vacancies; referendum 4435 Berrien County; board of commissioners; salary; composition; referendum 4703 Bibb County; Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Bibb County; Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Bibb County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Bleckley County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Brooks County; board of education; members; compensation and expenses 4408 Brooks County; coroner; compensation 4398 Burke County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Burke County; board of commissioners; salary 4077 Burke County; board of education; members; salary 4923 Butts County; board of education; members; per diem 4869 Butts County; magistrate court; chief magistrate; salary supplement 4432 Page XXXIX Butts County; probate court; costs; criminal and quasi-criminal cases; courthouse 4056 Camden County; Camden County Public Service Authority; creation 4273 Carroll County; board of commissioners; expense allowance 4111 Carroll County; board of education; districts 4149 Carroll County; West Georgia Regional Water Authority; members; quorums 4729 Catoosa County; board of elections and registration; creation 4371 Catoosa County; board of utilities commissioners; members; selection 4427 Catoosa County; commissioner and staff; salary 4080 Catoosa County; comprehensive land use plan; advisory referendum 4481 Catoosa County; coroner; staff; salary 3556 Catoosa County; school district taxes; homestead exemption; referendum 4984 Charlton County; board of commissioners; salary 4205 Chatham County; board of commissioners; chairman; term; referendum 3992 Chatham County; board of public education for the City of Savannah and Chatham County; retirement board 3989 Chatham County; certain court officials; compensation; cost-of-living increase 4302 Chatham County; district attorney; salary supplement 4355 Chatham County; homestead exemption; referendum 5146 Chatham County; intergovernmental council; creation; members; duties 3928 Chatham County; magistrate court; filing fees; mediation services 4127 Chatham County; probate court; clerk; compensation 3525 Chatham County; recorder's court; senior judges; salary 5279 Chatham County; Savannah-Chatham County Anti-Drug Commission; creation 4059 Chatham County; state court; filing fees; mediation service 4131 Chattooga County; Chattooga County Hospital Authority; members; vacancies 4778 Chattooga County; chief magistrate; appointment; election 4000 Chattooga County; commissioner; salary 4002 Cherokee County; board of commissioners; qualifications; elections; expenses 3882 Cherokee County; board of ethics; creation; referendum 4745 Clarke County; Athens-Clarke County Magistrate's Court; judge; salary 4630 Clarke County; Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Clarke County; board of education; membership; elections; referendum 4711 Clarke County; state court; solicitor; salary 4861 Clarke County; superior court judges; salary supplement 3501 Clayton County; board of commissioners; audit report 4618 Clayton County; board of commissioners; salary; audit report 4616 Clayton County; board of educaton; election; terms; districts; referendum 4635 Clayton County; Clayton County Commission on Children and Youth; members 4200 Clayton County; coroner; salary 4376 Clayton County; governing authority; millage rates; referendum 4378 Clayton County; probate court; judge; salary 4646 Clayton County; school superintendent; election; referendum 4632 Clayton County; state court; judge; solicitor; clerk; salaries 4367 Clayton County; superior court; sheriff; clerk; salary 4623 Clayton County; tax commissioner; salary 4626 Clinch County; board of commissioners; chairman; members; salary 4102 Cobb County; assistant district attorneys; chief investigator; salary 4456 Cobb County; board of elections and registration; attorney 4006 Cobb County; Cobb Judicial Circuit; superior court; judges; supplement 5263 Cobb County; juvenile court; additional judge; compensation; duties 3539 Cobb County; juvenile court; judge; salary 4189 Page XL Cobb County; probate court; judge; clerk; salary 3743 Cobb County; sheriff; chief deputy sheriff; chief investigator; executive assistant; salary 4167 Cobb County; state court; assistant solicitors; number 4549 Cobb County; state court; chief judge 3740 Cobb County; state court; clerk; salary 4343 Cobb County; state court; judges; salary 3916 , 4304 Cobb County; state court; second division 4113 Cobb County; state court; solicitor; assistant solicitors; salary 4307 Cobb County; superior court; clerk and deputy clerk; salary 4209 Cobb County; tax commissioner; chief clerk; executive secretary; salary 4329 Cobb County-Marietta Water Authority; members; terms of office 3780 Columbia County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Coweta County; superior court; additional judge 474 Crawford County; board of commissioners; salary; referendum 4331 Crawford County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Decatur County; enhanced 911 emergency telephone service 3982 Decatur County; exchange of property with the State of Georgia 952 DeKalb County; board of education; members; expense allowance 4540 DeKalb County; City of Atlanta and DeKalb County; meetings; notice 4601 DeKalb County; code of ethics; board of ethics of DeKalb County; members; powers; duties 3900 DeKalb County; commission; members; expense allowance 4296 DeKalb County; county surveyor; appointment 3843 DeKalb County; DeKalb County Pension Board; beneficiaries or vested terminated employees 5349 DeKalb County; DeKalb County Pension Board; prior service credit 5285 DeKalb County; DeKalb County school district; millage rates; referenda 5272 DeKalb County; homestead exemption; referendum 3978 DeKalb County; ordinance violations; penalties 4479 DeKalb County; recorder's court; clerk 5304 DeKalb County; recorder's court; penalties 4709 Dodge County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Dougherty County; board of commissioners; salary 4621 Dougherty County; Dougherty Judicial Circuit; superior court; judges; supplements 4587 Douglas County; board of commissioners; membership; elections; referendum 3650 Douglas County; coroner; compensation 3768 Douglas County; homestead exemption; referendum 3658 Douglas County; homestead exemption; referendum 3662 Douglas County; homestead exemption; school district taxes; referendum 3643 Douglas County; West Georgia Regional Water Authority; members; quorums 4729 Effingham County; homestead exemption; school district taxes; referendum 4035 Elbert County; board of education; salary and expenses 3508 Emanuel County; board of commissioners; salary 4324 Fayette County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Fayette County; probate court; judge; salary Vetoed HB 1885 Fayette County; probate court; judge; salary 4648 Fayette County; school superintendent; appointment; term; referendum 4317 Fayette County; sheriff; salary 4100 Fayette County; superior court; clerk; salary Vetoed HB 1884 Page XLI Fayette County; superior court; clerk; salary 4652 Fayette County; tax commissioner; salary Vetoed HB 1882 Fayette County; tax commissioner; salary 4650 Floyd County; juvenile court; judge; election; salary 3896 Forsyth County; homestead exemption; school district taxes; referendum 4680 Forsyth County; Johns Creek Community Improvement District; creation 4665 Fulton County; board of commissioners; chairman; election; vacancy 4531 Fulton County; board of education; pension and retirement system 3931 Fulton County; easement through state property 948 Fulton County; Fulton County School Employees Pension System; membership of board 4913 Fulton County; library system; trustees; per diem 3715 Fulton County; state court; clerk; marshal; costs; fees 3558 Glynn County; easement through state property to the Brunswick and Glynn County Development Authority 965 Glynn County; superior court; terms 920 Gordon County; board of commissioners; creation; powers; duties; referendum 3745 Gordon County; board of commissioners; purchases 5309 Gordon County; enhanced 911 emergency telephone service 4310 Greene County; superior court; judges; supplement 5253 Gwinnett County; board of commissioners; itemized account of funds 3998 Gwinnett County; board of registrations and elections; appointments; vacancies; elections supervisor; meetings 5022 Gwinnett County; homestead exemption; school district taxes; referendum 3774 Hall County; civil service system; board members; assistant county administrator; definitions; appeals 5294 Hancock County; board of commissioners; compensation 4424 Hancock County; superior court; judges; supplement 5253 Haralson County; board of commissioners; creation; elections; terms; powers; duties; referendum 3868 Haralson County; West Georgia Regional Water Authority; members; quorums 4729 Hart County; sheriff; compensation 4524 Hart County; superior court; clerk; probate court; judge; salaries 4528 Hart County; tax commissioner; salary 4526 Heard County; sheriff; compensation 4074 Henry County; board of commissioners; chairman; election; referendum 5232 Henry County; board of education; members; elections; referendum 4476 Henry County; enhanced 911 emergency telephone service; fees 4708 Henry County; school superintendent; appointment; referendum 4474 Houston County; board of commissioners; chairman; election; compensation; powers 3510 Houston County; enhanced 911 service district Act 3517 Houston County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Houston County; sales and use tax; ad valorem tax 4212 Irwin County; board of commissioners; chairman; salary 4123 Irwin County; deputy sheriffs; compensation; appointments 3731 Jasper County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jasper County; superior court; judges; supplement 5253 Jefferson County; board of education; election; school superintendent; appointment; referendum 4224 Jenkins County; board of education; salary and expenses 4236 Page XLII Johnson County; board of commissioners; purchases; office supplies for county officers 5301 Jones County; homestead exemption; referendum 3790 Jones County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jones County; superior court; judges; supplement 5253 Lamar County; enhanced 911 emergency telephone service 4871 Lamar County; magistrate court; chief magistrate; selection; referendum 4022 Laurens County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Laurens County; tax commissioner; salary 4038 Lee County; board of elections; creation 4611 Lee County; sheriff; deputies 4187 Liberty County; conveyance of state property to adjoining property owners 217 Liberty County; enhanced 911 emergency telephone service; referendum 4045 Lowndes County; board of education; compensation; Act repealed 3504 Lowndes County; board of education; members; Act repealed 3529 McDuffie County; board of elections and registration; creation; powers; duties; compensation 4410 McDuffie County; easement across state property 209 McDuffie County; homestead exemption; school district taxes; referendum 4025 McIntosh County; school superintendent; appointment; referendum 4781 Meriwether County; tax commissioner; salary 4929 Mitchell County; conveyance of state property 941 Mitchell County; magistrate court; law library fees 4988 Mitchell County; state court; judge; solicitor; compensation 5149 Monroe County; board of commissioners; salary; referendum 4547 Monroe County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Montgomery County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Morgan County; board of commissioners; compensation and expenses 4117 Morgan County; superior court; judges; supplement 5253 Morgan County; tax commissioner; salary 4004 Murray County; board of commissioners; creation; members; elections; districts; referendum 3845 Murray County; board of education; powers; duties; elections; terms; referendum 3668 Newton County; board of commissioners; salary; expense allowances 4070 Oconee County; superior court judges; salary supplement 3501 Paulding County; Paulding County Water Authority; Act repealed; successor in interest 4013 Paulding County; West Georgia Regional Water Authority; members; quorums 4729 Peach County; board of commissioners; redevelopment powers; referendum 4589 Peach County; board of education; election; terms; referendum 4155 Peach County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Pierce County; state court; judge; solicitor; salary 3729 Pike County; board of commissioners; expense allowance 4345 Pike County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Polk County; tax commissioner; salary 4030 Polk County; West Georgia Regional Water Authority; members; quorums 4729 Pulaski County; board of education; members; nonpartisan elections; referendum 4415 Page XLIII Pulaski County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Pulaski County; sheriff; deputies; office expenses 4421 Putnam County; superior court; judges; supplement 5253 Richmond County; Augusta Judicial Circuit; probation officers; salary supplement 5168 Richmond County; Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Richmond County; civil court; jurisdiction 4109 Richmond County; restate purposes of land conveyance to Richmond County Board of Health 977 Richmond County; Oak Ridge Water and Sewerage Authority; Act repealed 4018 Richmond County; Richmond County Employees' Pension Fund; surviving spouses 5290 Richmond County; state court; solicitor; salary 4743 Rockdale County; board of commissioners; personnel rules and regulations 5314 Rockdale County; board of commissioners; salary 4518 Rockdale County; board of education; referendum 4654 Rockdale County; coroner; salary 4724 Rockdale County; magistrate court; chief magistrate; salary 4520 Rockdale County; probate court; judge; salary 4177 Rockdale County; sheriff; salary 4179 Rockdale County; state court; judge; salary 4723 Rockdale County; superior court; clerk; salary 4185 Rockdale County; tax commissioner; salary 4183 Spalding County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Stephens County; board of education; school districts; elections 3506 Stephens County; Northeast Georgia Surface and Air Transportation Commission; members 5151 Stephens County; state court; judge; solicitor; salary 3880 Stewart County; board of elections and registration; creation; members; powers; duties; compensation 3855 Stewart County; governing authority; sole commissioner; election; terms; compensation; powers; duties 5025 Tattnall County; board of commissioners; salary 4207 Tattnall County; easement through state property 407 Telfair County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Tiff County; board of commissioners; salary 4125 Toombs County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Toombs County; school superintendent; appointment; referendum 4603 Toombs County; Toombs County Development Authority; members; appointment; terms 3640 Treutlen County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Twiggs County; homestead exemptions; referendum 3935 Twiggs County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Union County; commissioner; salary 4396 Upson County; Griffin Judicial Circuit; superior court; judges; county supplement 4459 Upson County; Thomaston-Upson County School Systems; merger; board of education; members; compensation; duties; referendum 3794 Walker County; state court; judge; solicitor; salary 3554 Page XLIV Walton County; board of commissioners; election; contracts 4357 Walton County; homestead exemption; school district taxes; referendum 4351 Washington County; state court; judge and solicitor; salary 4220 Wheeler County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Whitfield County; board of commissioners; former members; insurance 4663 Whitfield County; board of commissioners; prohibitory actions; employment 4119 Whitfield County; vehicle registration; periods 3764 Wilcox County; board of commissioners; salary 4083 Wilcox County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Wilkes County; board of education; election; terms; referendum 4592 Wilkinson County; homestead exemption; referendum 4925 Wilkinson County; Joint Wilkinson-McIntyre-Irwinton-Toombsboro Water and Sewer Authority; creation 4685 Wilkinson County; Middle Georgia Surface and Air Transportation Commission; creation 5170 Wilkinson County; sheriff; automobiles 3785 Wilkinson County; superior court; judges; supplement 5253 Worth County; board of commissioners; vacancies 4181 Worth County; state court; solicitor; salary 4522 COUNTIES AND COUNTY MATTERS BY POPULATION 290,000 or more; county departments of family and children services; Employees' Retirement System of Georgia 993 550,000 or more; school systems; Teachers Retirement System of Georgia 518 COUNTY MATTERSHOME RULE AMENDMENTS DeKalb County; DeKalb County Pension Board; beneficiaries or vested terminated employees 5349 DeKalb County; DeKalb County Pension Board; prior service credit 5285 DeKalb County; recorder's court; clerk 5304 Gordon County; board of commissioners; purchases 5309 Hall County; civil service system; board members; assistant county administrator; definitions; appeals 5294 Johnson County; board of commissioners; purchases; office supplies for county officers 5301 Richmond County; Richmond County Employees' Pension Fund; surviving spouses 5290 Rockdale County; board of commissioners; personnel rules and regulations 5314 MUNICIPAL CORPORATIONS NAMED CITIES Abbeville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Acworth; corporate limits 4736 Adairsville; easement through state property in Bartow County 959 Alamo; Middle Georgia Surface and Air Transportation Commission; creation 5170 Alapaha; mayor; councilmen; elections; terms 5165 Albany; city manager; emergency purchases 5435 Page XLV Albany; street improvements 5378 Aragon; compensation of mayor and city council 5413 Ashburn; mayor; councilmembers; elections; terms 4175 Athens; Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens; Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Athens; mayor; councilmembers; terms; elections 3884 Atlanta; City of Atlanta and DeKalb County; meetings; notice 4601 Atlanta; compensation of councilmembers and president of council 5408 Atlanta; comprehensive development plans 5442 Atlanta; fees for garbage pickup; exemption from tax assessments 5373 Atlanta; mandatory retirement of employees abolished 5362 Atlanta; mayor; compensation 5367 Atlanta; Metropolitan Atlanta Rapid Transit Authority; purchases; taxes 3860 Atlanta; Metropolitan Atlanta Olympic Games Authority; terms; members; meetings 5239 Atlanta; municipal court; fines and penalties 4537 Atlanta; urban enterprise zones; conditions; limitations 3765 Atlanta; zoning; historic zones 5421 Augusta; Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Augusta; mayor and councilmembers; notice of candidacy 4347 Augusta; retirement fund; real estate purchases; Pension Fund Investment Committee 5386 Austell; mayor; councilmembers; election; terms 4016 Avondale Estates; corporate limits 5140 Avondale Estates; Avondale Estates Development Authority; districts 4739 Ball Ground; new charter; governing authority; powers; duties 4552 Baxley; corporate limits 4134 Baxley; mayor; councilmembers; election; terms 4020 Blakely; corporate limits 3886 Bremen; board of education; members; terms of office 4406 Brooklet; new charter 5459 Brooks; new charter; governing authority; powers; duties; compensation 4990 Buford; homestead exemption; referendum 4291 Byron; annexation of state property 934 Centerville; corporate limits 3550 Cochran; Middle Georgia Surface and Air Transportation Commission; creation 5170 Cochutta; corporate limits; consolidation 4786 College Park; homestead exemption; referendum 4238 College Park; redevelopment powers; referendum 4242 Columbus; mayor; councilors; vacancies 3894 Columbus; municipal court; judge; clerk; marshal; salaries; costs 4402 Commerce; Commerce Civic Center and Tourism Authority; creation 4085 Conyers; mayor; councilmembers; elections; terms 4032 Cordele; Cordele Office Building Authority; purposes 3783 Culloden; city council; election; terms 5207 Dahlonega; mayor; councilmen; election; terms 4534 Dallas; corporate limits 4784 Dalton; special assessments; liens 4215 Decatur; board of education; members; terms 4320 Decatur; board of education; rules and regulations; admission policies 4008 Decatur; tax deferral for certain elderly persons 4079 Page XLVI Dublin; corporate limits 4072 Dublin; Middle Georgia Surface and Air Transportation Commission; creation 5170 East Dublin; mayor, councilmembers; election; districts 4193 East Dublin; name changed to City of East Dublin 4145 East Point; city manager 5427 East Point; public utilities 5397 Eastman; Middle Georgia Surface and Air Transportation Commission; creation 5170 Ellaville; new charter; governing authority; powers; duties 3677 Emerson; corporate limits 3888 Enigma; mayor; councilmen; elections; terms 4042 Fayetteville; mayor; councilmen; election; terms; posts 4775 Fitzgerald; homestead exemption; referendum 4146 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5391 Folkston; corporate limits; referendum 4217 Forest Park; corporate limits 4246 Forsyth; homestead exemption; referendum 4764 Forsyth; Middle Georgia Surface and Air Transportation Commission; creation 5170 Fort Valley; Middle Georgia Surface and Air Transportation Commission; creation 5170 Gainesville; commission redesignated as council; commissioners redesignated as council members 5382 Gainesville; employees' retirement plan 5447 Gainesville; mayor and council members; compensation 5456 Glennville; corporate limits 4466 Good Hope; new charter; governing authority; duties; powers; salary 4877 Gray; Middle Georgia Surface and Air Transportation Commission; creation 5170 Grayson; municipal court 5497 Griffin; board of commissioners; taxation and finance powers; homestead exemption; referendum 3734 Griffin; board of commissioners; chairman designated; powers; duties; referendum 4596 Hampton; municipal court; jurisdiction; powers 4445 Hapeville; mayor; councilmembers; elections; terms 3648 Hapeville; redevelopment powers; referendum 3665 Hartwell; city councilmen; election 3914 Hawkinsville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Hinesville; mayor; councilmembers; election; terms; referendum 4047 Hiram; corporate limits 4609 Irwinton; Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Irwinton; Middle Georgia Surface and Air Transportation Commission; creation 5170 Ivey; homestead exemption; referendum 3787 Jefferson; ordinances; approval and adoption 4542 Jefferson; public school system; school tax 4544 Jeffersonville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Jersey; new charter; governing authority; elections; terms 4484 Kennesaw; corporate limits 5044 Kennesaw; mayor and councilmen; elections; terms of office 4920 Kingston; new charter; governing authority; powers; duties; compensation 3944 Page XLVII LaGrange; municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 LaGrange; municipal funds; charitable contributions 4400 Lawrenceville; corporate limits; mayor; councilmembers; terms 5114 Lilburn; corporate limits 5040 Lilburn; homestead exemption; referendum 4469 Locust Grove; municipal court; judges; jurisdiction; powers 4451 Loganville; city manager; powers; terms 4657 Lumpkin; corporate limits 4606 Macon; Fire and Police Employees Retirement Plan 5437 Macon; leasing of property; Georgia State Fair, Inc 5265 Macon; Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Macon; Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon; Middle Georgia Surface and Air Transportation Commission; creation 5170 Madison; city manager; mayor and council; powers; compensation; municipal court; road duty 5132 Manchester; board of commissioners; municipal ordinances; fines; city jail 4982 Manchester; municipal officers; elections; terms 4980 Marietta; ad valorem tax; public schools; referendum 4390 Marietta; Cobb County-Marietta Water Authority; terms of office 3780 Marietta; corporate limits 4121 Marietta; corporate limits; deannexation 4660 Marietta; Downtown Marietta Development Authority; district 5033 Marietta; Downtown Marietta Development Authority; members; appointment and election; district 3921 Marietta; mayor pro tem; compensation; probation office; board of lights and works 5492 McDonough; municipal court; sentencing; penalties 4130 McIntyre; Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 McRae; Middle Georgia Surface and Air Transportation Commission; creation 5170 Milledgeville; Development Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Milledgeville; Middle Georgia Surface and Air Transportation Commission; creation 5170 Monroe; mayor; councilmembers; election; terms 4163 Monticello; Middle Georgia Surface and Air Transportation Commission; creation 5170 Morgan; annex state property into corporate limits 407 Moultrie; corporate limits; mayor; councilmembers; elections; terms; utilities 4863 Mount Vernon; Middle Georgia Surface and Air Transportation Commission; creation 5170 Nashville; mayor; councilmen; elections; terms 4430 Norcross; homestead exemption; referendum 3941 Norcross; new charter; governing authority; powers; duties; compensation 4934 Norman Park; mayor; councilmen; election; terms 4011 Norwood; new charter; governing authority; powers; duties; compensation 3807 Orchard Hill; mayor; councilmembers; elections; terms; vacancies 3918 Peachtree City; mayor; councilmen; election; terms 3891 Pelham; Pelham Development Corporation; lease of state property 939 Perry; Middle Georgia Surface and Air Transportation Commission; creation 5170 Perry; Perry Area Convention and Visitors Bureau Authority; creation; members; terms; compensation 3542 Pooler; corporate limits 4911 Page XLVIII Pooler; corporate limits 4392 Pooler; homestead exemption; referendum 4202 Pooler; mayor; aldermen; election; terms 4322 Ray City; mayor; councilmen; elections; terms 4040 Reidsville; mayor; terms of office; referendum 4918 Rincon; corporate limits 4326 Riverdale; corporate limits 5210 Riverdale; homestead exemption; referendum 5267 Roberta; Middle Georgia Surface and Air Transportation Commission; creation 5170 Sandersville; new charter; governing authority; powers; duties; compensation 4823 Santa Claus; corporate limits 4388 Savannah; board of public education for the City of Savannah and Chatham County; retirement board 3989 Savannah; Intergovernmental Council of Chatham County; creation 3928 Savannah; mayor; aldermen; districts; vice-mayor; powers Vetoed SB 686 Savannah; mayor; terms; referendum 3995 Savannah; Savannah-Chatham County Anti-Drug Commission; creation 4059 Shiloh; homestead exemption; referendum 3840 Sky Valley; mayor and councilmembers; elections; terms 4762 Snellville; corporate limits 4251 Snellville; corporate limits Vetoed HB 1968 Social Circle; homestead exemption; disabled residents; referendum 4159 Social Circle; school district; homestead exemption; referendum 4171 Soperton; Middle Georgia Surface and Air Transportation Commission; creation 5170 Stockbridge; municipal court; judges; practices and procedure 4447 Stone Mountain; new charter; governing authority; powers; duties; compensation 4790 Sugar Hill; corporate limits 4298 Sugar Hill; corporate limits 4104 Summerville; easement across state property 170 Tallapoosa; corporate limits 4767 Tallapoosa; mayor; council; meetings; city attorney 4054 Tallulah Falls; mayor and councilmembers; election; terms; municipal judge; water and sewerage services 4384 Thomaston; Thomaston-Upson County School System; merger; board of education; members; compensation; duties; referendum 3794 Thomasville; new charter; governing authority; powers; duties; compensation 5051 Thomasville; street paving assessments 5417 Thompson; easement across state property 209 Toomsboro; Joint Wilkinson-McIntype-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Tyrone; mayor and councilmembers; qualifications; elections 4759 Vidalia; Middle Georgia Surface and Air Transportation Commission; creation 5170 Warner Robins; corporate limits; mayor; councilmembers; elections; terms; meetings 3534 Warrenton; mayor and councilmembers; election; terms; districts 4361 Warwick; mayor; councilmembers; elections; terms 4726 Whigham; mayor; councilmen; election; terms; meetings 4931 Wrightsville; corporate limits 3530 Page XLIX MUNICIPALITIES BY POPULATION 300,000 or more; penalties imposed in traffic cases 220 300,000 or more; traffic courts; city jail fund 172 400,000 or more; contracts 286 MUNICIPALITIESHOME RULE AMENDMENTS Albany; city manager; emergency purchases 5435 Albany; street improvements 5378 Aragon; compensation of mayor and city council 5413 Atlanta; compensation of councilmembers and president of council 5408 Atlanta; comprehensive development plans 5442 Atlanta; fees for garbage pickup; exemption from tax assessments 5373 Atlanta; mandatory retirement of employees abolished 5362 Atlanta; mayor; compensation 5367 Atlanta; zoning; historic zones 5421 Augusta; retirement fund; real estate purchases; Pension Fund Investment Committee 5386 Brooklet; new charter 5459 East Point; city manager 5427 East Point; public utilities 5397 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 Fitzgerald; revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5391 Gainesville; commission redesignated as council; commissioners redesignated as council members 5382 Gainesville; employees' retirement plan 5447 Gainesville; mayor and councilmembers; compensation 5456 Grayson; municipal court 5497 Macon; Fire and Police Employees Retirement Plan 5437 Marietta; mayor pro tem; compensation; probation office; board of lights and works 5492 Thomasville; street paving assessments 5417 RESOLUTIONS AUTHORIZING COMPENSATION Chris A. Smith 929 Frances M. Harris 951 Harold O. Day 968 Melissa D. Walker 969 Richard B. Russell Airport 946 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Adairsville; easement through state property in Bartow County 959 Brunswick and Glynn County Development Authority; easement through state property in Glynn County 965 Byron; annexation of state owned real property into the City of Byron 934 Cherokee County Chamber of Commerce; conveyance of state property 219 Decatur County; exchange of property with the State of Georgia 952 Page L Department of Transportation; conveyance of state property 394 Development Authority of City of Milledgeville and Baldwin County; conveyance of state property 394 Eliza Baptist Church; conveyance of state property 207 Fulton County; easement through state property 948 Georgia Power Company, Atlanta Gas Light Company, Metropolitan Atlanta Rapid Transit Authority, and Southern Bell Telephone and Telegraph Company; easement across state property in Fulton County 399 Glynn County; easement through state property to the Brunswick and Glynn County Development Authority 965 James R. Ivey, Jr.; conveyance of state property located in Baldwin County 197 Liberty County; conveyance of state property to adjoining property owners 217 McDuffie County; easement across state property 209 Mitchell County; conveyance of state property 941 Morgan; annex state property into corporate limits 407 Pelham Development Corporation; lease of state property 939 Plantation Pipeline Company; easement across state property 170 Richmond County; restate purposes of land conveyance to Richmond County Board of Health 977 Southern Natural Gas Company; easement across state property 170 Summerville; easement across state property 170 Tattnall County; easement through state property 407 Thompson; easement across state property 209 United States of America; conveyance of state property in Fulton County 930 MISCELLANEOUS RESOLUTIONS Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Culver Kidd Highway; designated 943 Department of Community Affairs; minimum standards and procedures for coordinated and comprehensive planning; ratification 945 Department of Natural Resources; minimum standards; ratification 406 Department of Natural Resources; temporarily restrain from promulgating rules regarding gasoline service stations 661 Desmond T. Doss Medal of Honor Highway; designated 954 Dick Hunter Bridge; designated 957 Eloise Wooldridge Bridge; designated 984 Ernest W. Stickland Bridge; Joe A. Whitherington Bridge; Banks Crossing Highway; designated 214 Everett Floyd Dykes Highway; designated 978 F. Emory Greene Memorial Bridge; designated 983 Federal Unemployment Tax Act; urging the federal government to provide adequate funds for employment and unemployment programs 128 Georgia Courts Automation Commission; creation 979 Georgia 1992 Commission; created 1732 Jennie Weyman Memorial Bridge; designated 405 Joe A. Whitherington Bridge; designated 988 , 214 Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law; created 203 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Joint Study Committee on Hazardous Waste Management; created 962 Page LI Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Joint Workers' Compensation Study Committee; creation 972 Luther S. Colbert Memorial Bridge; designated 933 Luther V. Land Bridge and J. R. Reeves Bridge; designated 212 Metropolitan Atlanta Rapid Transit Overview Committee; extend existence 956 Plantation Parkway; General Robert L. Scott Highway; designated 974 Regional development centers; supplemental funding formula; ratification 206 S. Ernest Vandiver; marker honoring authorized 199 State Health Planning Agency; directed to make studies and reports 970 United States 441 Business Historic Route; extending and redesignating 943 Warren D. Earnest, Sr. Bridge; designated 201 William L. Deverell, Sr. Bridge; designated 202 Page LII INDEX A ABBEVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ACWORTH, CITY OF Corporate limits 4736 AD VALOREM ASSESSMENT REVIEW COMMISSION Membership 291 AD VALOREM TAXATION Ad Valorem Assessment Review Commission; membership 291 Ad valorem taxes; alternative date for interest on taxes due 289 Ad valorem taxes; conservation use property; agricultural and timber land; standing timber; bona fide residential transitional property 2437 Ad valorem taxes; counties; reports showing millage rate and assessed value required 889 Ad valorem taxes; county board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 Ad valorem taxes; county board of equalization; taxpayer's appeals 1361 Ad valorem taxes; disabled veterans; homestead exemption 1858 Ad valorem taxes; landmark historic property 1122 Ad valorem taxes; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Ad valorem taxes; standing timber 1869 , 1901 Ad valorem taxes; standing timber 2437 Homestead exemption for disabled veterans 1858 Standing timber 1869 Timber; ad valorem taxes on standing timber 1901 ADAIRSVILLE, CITY OF Easement through state property in Bartow County 959 ADMINISTRATIVE OFFICE OF THE COURTS Employees; Employees' Retirement System of Georgia; membership 514 ADMINISTRATIVE PROCEDURE ACT Board of Natural Resources; applicability to rules 223 Department of Medical Assistance; rules 1274 State Board of Education; Department of Education 794 Page LIII ADOPTION Petitions and related matters 1572 Surrender of parental rights 1034 , 1425 ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIRED Termination date 1943 AFRICANIZED BEES Commissioner of Agriculture; powers 373 AGENCY Durable Power of Attorney for Health Care Act; enacted 1101 AGRICULTURE Adulterated food; pesticide residues 318 Agricultural and timber lands; standing timber; ad valorem taxation 1869 , 1901 Agricultural and timber lands; standing timber; ad valorem taxation 2437 Animals; Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Animals; prevention and control of disease; duties of law enforcement officers 572 Animals; stables; license fees; quarantine 1650 Boll weevil suppression and eradication programs; referendums 5 Code revision 8 Dimension lumber; grading 338 Emerging Crops Fund Act; fund established to make loans for cost of establishing emerging crops 1696 Emerging crops loan funds; proposed amendment to the Constitution 2445 , 2441 Farm laborers; employers may elect to provide workers' compensation coverage 293 Farmers' market defined; rental or leasing 320 Georgia Agrirama Development Authority; membership 872 Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Honey and imitation honey; penalties for mislabeling 391 Honeybees; diseases; Africanized bees 373 Pesticide contractor's license; crop dusters; agricultural applications 1253 Rental or leasing of real property at farmers' markets 320 Soil and water conservation district supervisors; exemption from filing campaign contribution disclosure reports 643 Taxation; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Timber; grading dimension lumber 338 Timber; taxation 1869 , 1901 Timber; taxation 2437 Page LIV Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 AIDS Disclosure of confidential information; HIV tests 705 AIRPORT, RICHARD B. RUSSELL Compensation 946 ALAMO, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ALAPAHA, TOWN OF Mayor, councilmen; elections; terms 5165 ALBANY, CITY OF City manager; emergency purchases 5435 Street improvements 5378 ALCOHOLIC BEVERAGES Code revision 8 Education; alcohol and drug abuse course 2043 ANIMAL SHELTERS Euthanasia of dogs and cats 1686 Licenses; quarantines 1650 ANIMALS Georgia Animal Protection Act; euthanasia of dogs and cats 1686 Georgia Animal Protection Act; license fee for pet dealers and kennel, stable, and animal shelter operators; quarantine of animals with contagious disease 1650 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Prevention and control of disease; enforcement; duties of law enforcement officers 572 APPEAL AND ERROR Applications for appeal; child custody cases Vetoted SB 238 APPLING COUNTY Board of commissioners; terms; referendum 4142 Board of education; members; terms; referendum 4720 Page LV APPROPRIATIONS S.F.Y. 1990-91 2338 Supplemental for S.F.Y. 1989-90 487 Supplemental for S.F.Y. 1989-90 54 ARAGON, CITY OF Compensation of mayor and city council 5413 ARCHITECTS Examinations 560 Workers' compensation; exemption from third-party actions 1164 ARTS Fine arts; reservation of rights by the artist 164 ASBESTOS LICENSING BOARD Termination date 285 ASHBURN, CITY OF Mayor, councilmembers; elections; terms 4175 ATHENS, CITY OF Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Mayor; councilmembers; terms; elections 3884 ATKINSON COUNTY Board of commissioners; chairman; members; salary 4234 ATLANTA, CITY OF City of Atlanta and DeKalb County; meetings; notice 4601 Comprehensive development plans 5442 Councilmembers and president of the council; compensation 5408 Fees for garbage pickup; exemption from tax assessments 5373 Mandatory retirement of employees abolished 5362 Mayor, compensation 5367 Metropolitan Atlanta Olympic Games Authority; terms; members; meetings 5239 Metropolitan Atlanta Rapid Transit Authority; purchases; taxes 3860 Municipal court; fines and penalties 4537 Urban enterprise zones; conditions; limitations 3765 Zoning; historic zones 5421 Page LVI ATLANTA GAS LIGHT COMPANY Easement across state property in Fulton County 399 ATLANTA JUDICIAL CIRCUIT Additional judge 497 ATTORNEY GENERAL Disposition of Unclaimed Property Act; revision 1506 AUCTIONEERS Georgia Auctioneers Commission; terms; reports; termination date 576 AUGUSTA, CITY OF Augusta-Richmond County Commission on Disadvantaged Youth; re-creation 658 Mayor and councilmembers; notice of candidacy 4347 Retirement fund; real estate purchases; Pension Fund Investment Committee 5386 AUGUSTA JUDICIAL CIRCUIT Additional judge 471 Probation officers; salary supplement 5168 AUSTELL, CITY OF Mayor; councilmembers; election; terms 4016 AVONDALE ESTATES, CITY OF Avondale Estates Development Authority; districts 4739 Corporate limits 5140 AVONDALE ESTATES DEVELOPMENT AUTHORITY Districts 4739 B BAIL BONDSMEN Bond forfeitures; procedures 2336 BALDWIN COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Page LVII BALL GROUND, CITY OF New charter; governing authority; powers; duties 4552 BANKING AND FINANCE Check cashers; regulation; licensure 739 Checks; license to sell or issue checks; exemptions 362 Code revision 8 Credit card accounts; application of state and federal law; interest, finance charges, and other fees 1 Credit unions; investment of certain funds by the buying and selling of loan participations authorized 300 Currency transactions; regulations; reporting; exemptions 362 Financial transaction card fraud; criminal factoring of records 304 Interest; finance charges; and other fees 1 Investment advisers 1332 Mortgages, conveyances to secure debt, and liens; funding of loans 1653 Notification in connection with the modification of a credit card account 1 Securities broker or dealer, receiving money for deposit or transmission 301 Small minority business development corporations; minimum capital; membership; directors 176 Unfair and deceptive practices in consumer transactions; funding of real estate loans 1653 BANKS COUNTY Coroner, salary 4191 BANKS CROSSING HIGHWAY Designated 214 BARTOW COUNTY Commissioner; salary 4339 Magistrate court; chief magistrate; salary 4337 Sheriff; clerk of superior court; judge of probate court; salaries 4334 Tax commissioner; salary 4341 BAXLEY, CITY OF Corporate limits 4134 Mayor; councilmembers; election; terms 4020 BEN HILL COUNTY Board of education; elections; terms; districts; vacancies; referendum 4435 BERRIEN COUNTY Board of commissioners; salary; composition; referendum 4703 Page LVIII BIBB COUNTY Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Middle Georgia Surface and Air Transportation Commission; creation 5170 BILLIARD ROOMS Operation; taxation; licensing; regulation 1916 BINGO Licensure; submission of fingerprints and photographs 1944 BIOMEDICAL WASTE THERMAL TREATMENT TECHNOLOGY FACILITIES Permits 1222 BLAKELY, CITY OF Corporate limits 3886 BLASTING AND EXCAVATION Gas pipes and underground facilities 805 BLECKLEY COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 BOARD OF NATURAL RESOURCES Lakes; water quality standards 1207 Rules; judicial review of decisions 223 See also Conservation and Natural Resources BOARD OF TRUSTEES OF THE GEORGIA MILITARY COLLEGE Creation; authority and duties; scholarships 579 BOATING See Waters of the State, Ports, and Watercraft BOILER AND PRESSURE VESSEL SAFETY ACT Exemptions 816 BOLL WEEVILS Suppression and eradication programs; referendums 5 Page LIX BOMBS Criminal possession of an explosive device Vetoed HB 1512 BONDS Bail bondsmen; forfeitures; procedures 2336 Expenditure for other than stated purpose 1441 Georgia Allocation System 817 BOUNDARIES Coordinate system; expression of distance in either feet or meters 168 BREMEN, CITY OF Board of education; members; terms of office 4406 BROOKLET, CITY OF New charter 5459 BROOKS COUNTY Board of education; members; compensation and expenses 4408 Coroner; compensation 4398 BROOKS, TOWN OF New charter; governing authority; powers; duties; compensation 4990 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Easement through state property in Glynn County 965 BUFORD, CITY OF Homestead exemption; referendum 4291 BUILDINGS AND HOUSING Code revision 8 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Fair housing; real estate brokers and salespersons 650 Fair housing and discriminatory practices relating to housing transactions 1284 Georgia Development Impact Fee Act; enacted 692 Georgia Residential Finance Authority; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Georgia Residential Finance Authority; powers and duties; bonds; subsidiary authorities; tax exemption of property; loans 1039 Georgia Residential Finance Authority; set-aside of funds for loans in certain geographic areas 1039 Page LX Impact fees 692 Maps and plats; recording 1505 Residential transitional property; ad valorem taxes 2437 Smoke detectors required in certain buildings 1500 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Toilets, urinals, shower heads, and faucets; water flow 1212 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 BURKE COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 Board of commissioners; salary 4077 Board of education; members; salary and expenses 4923 BUTTS COUNTY Board of education; members; per diem and expenses 4869 Magistrate court; chief magistrate; salary supplement 4432 Probate court; costs; criminal and quasi-criminal cases; courthouse 4056 BYRON, CITY OF Annexation of state property 934 C CAMDEN COUNTY Camden County Public Service Authority; creation 4273 CAMDEN COUNTY PUBLIC SERVICE AUTHORITY Creation 4273 CAMPAIGN CONTRIBUTIONS Disclosures 922 Disposition; conversion to personal use 1327 Soil and water conservation district supervisors 643 CARNIVAL RIDE SAFETY ACT Amended 1945 CARROLL COUNTY Board of commissioners; expense allowance 4111 Board of education; districts 4149 West Georgia Regional Water Authority; members; quorums 4729 Page LXI CATOOSA COUNTY Board of elections and registration; creation 4371 Board of utilities commissioners; members; selection 4427 Commissioner and staff; salary and allowances 4080 Comprehensive land use plan; advisory referendum 4481 Coroner; staff; salary 3556 School district; homestead exemption; referendum 4984 CENSUS Provisions for changes in the decennial census and congressional districts with respect to membership of boards, commissions, and bodies 1903 CENTERVILLE, CITY OF Corporate limits 3550 CENTRAL CHILD ABUSE REGISTRY Established 1772 CHARITIES Donation of canned or perishable food to charitable or nonprofit organizations; immunity from suit 44 Endowment funds 1471 CHARLTON COUNTY Board of commissioners; salary 4205 CHATHAM COUNTY Board of commissioners; chairman; term; referendum 3992 Board of Public Education for the City of Savannah and Chatham County; retirement board 3989 Coroner; salary 4302 Eastern Judicial Circuit; district attorney; salary supplement 4355 Homestead exemption; referendum 5146 Intergovernmental council; creation; members; duties 3928 Juvenile court; judge; salary 4302 Magistrate court; chief magistrate; salary 4302 Magistrate court; filing fees; mediation services 4127 Probate court; clerk; compensation 3525 Probate court; clerk; salary 4302 Probate court; judge; salary 4302 Recorder's court; judge; salary 4302 Recorder's court; senior judges; salary 5279 Savannah-Chatham County Anti-Drug Commission; creation 4059 Sheriff; salary 4302 State court; clerk; salary 4302 Page LXII State court; filing fees; mediation service 4131 State court; judge; salary 4302 Superior court; clerk; salary 4302 Tax commissioner; salary 4302 CHATTOOGA COUNTY Chattooga County Hospital Authority; members; vacancies 4778 Chief magistrate; appointment; election 4000 Commissioner; salary 4002 CHATTOOGA COUNTY HOSPITAL AUTHORITY Members; vacancies 4778 CHECK CASHERS Regulation; licensure 739 CHEROKEE COUNTY Board of commissioners; qualifications; elections; expenses 3882 Board of ethics; creation; referendum 4745 CHEROKEE COUNTY CHAMBER OF COMMERCE Conveyance of state property 219 CHILD ABUSE Central child abuse registry established 1772 Records; reports of suspected child abuse 1778 Reporting requirements 1761 State-wide Child Fatality Review Panel; created 1785 CHILD CUSTODY Applications for appeal Vetoed SB 238 Change of custody by removal from school grounds prohibited 344 Joint and sole custody 1423 CHILD FATALITIES State-wide Child Fatality Review Panel; created 1785 CHILD LABOR Certain employment of minors authorized; lawn care 1501 Page LXIII CHILDREN AND YOUTH Child custody; change of custody by removing child from school grounds prohibited 344 Children committing certain offenses sentenced to Department of Corrections 1930 Emotionally disturbed children; delivery of social services 1798 , 1986 Family Preservation and Child Protection Reform Act; enacted 1986 CHILDREN'S DAY Declared 175 CHRIS A. SMITH Compensation 929 CITY BUSINESS IMPROVEMENT DISTRICTS Funding supplemental services 1348 CIVIL PRACTICE Discrimination against employees attending judicial proceedings 590 Divorce; venue; jurisdiction 2430 Execution sales; date of sheriff's sales 1731 Fine, cost, or restitution as condition of probation; use of civil remedies to collect 1331 Levies on land; delivery of notice 298 Medical malpractice; Governor's Commission on Obstetrics created 573 Renewal of case after dismissal; cases filed in court which does not have subject matter jurisdiction 876 Structured settlements; guardians; probate court approval 642 CLARKE COUNTY Athens-Clarke County Magistrate's Court; judge; salary 4630 Athens-Clarke County unified government; officers; employees; powers; duties; referendum 3560 Board of education; membership; elections; referendum 4711 State court; solicitor; salary 4861 Superior court; judges; salary supplement 3501 CLAYTON COUNTY Board of commissioners; audit report 4618 Board of commissioners; salary; audit report 4616 Board of education; election; terms; districts; referendum 4635 Clayton County Commission on Children and Youth; members 4200 Coroner; salary 4376 Governing authority and school district; millage rates; referendum 4378 Probate court; judge; salary 4646 Page LXIV School superintendent; election; referendum 4632 State court; judge; solicitor; deputy clerk; salaries 4367 Superior court; clerk; sheriff; salary 4623 Tax commissioner; salary 4626 CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH Members 4200 CLINCH COUNTY Board of commissioners; chairman; members; salary 4102 COBB COUNTY Assistant district attorneys; chief investigator; salary 4456 Board of elections and registration; attorney 4006 Cobb County-Marietta Water Authority; members; terms of office 3780 Juvenile court; additional judge; compensation; duties 3539 Juvenile court; judge; salary 4189 Probate court; judge; clerk; salary 3743 Sheriff; chief deputy sheriff; chief investigator; executive assistant; salary 4167 State court; assistant solicitors; number 4549 State court; chief judge 3740 State court; clerk and chief deputy clerk; salary 4343 State court; judges; salary 3916 , 4304 State court; second division 4113 State court; solicitor; assistant solicitors; salary 4307 Superior court; clerk and deputy clerk; salary 4209 Tax commissioner; chief clerk; executive secretary; salary 4329 COBB COUNTY-MARIETTA WATER AUTHORITY Members; terms of office 3780 COBB JUDICIAL CIRCUIT Assistant district attorneys; chief investigator; salary 4456 Superior court; judges; supplement 5263 COCHRAN, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 COHUTTA, CITY OF Corporate limits; consolidation 4786 COLBERT, LUTHER S., MEMORIAL BRIDGE Designated 933 Page LXV COLLEGE OPPORTUNITY ACT Enacted 1448 COLLEGE PARK, CITY OF Homestead exemption; referendum 4238 Redevelopment powers; referendum 4242 COLONEL'S ISLAND Marker honoring former Governor S. Ernest Vandiver 199 COLUMBIA COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 COLUMBUS, CITY OF Mayor; councilors; vacancies 3894 Municipal court; judge; clerk; marshal; salaries; costs 4402 COMBINED SEWER OVERFLOW SYSTEMS Elimination or treatment of sewage overflow 1216 Permit for operation required 1201 COMMERCE AND TRADE Agency; Durable Power of Attorney for Health Care Act; enacted 1101 Artists; reservation of rights in fine art 164 Check cashers; regulation; licensure 739 Checks; license to sell or issue 362 Contracts in partial restraint of trade 1676 Currency transactions; regulation; reports 362 Dimension lumber; grading 338 Discrimination against employees attending judicial proceedings 590 Drug-free Workplace Act; contracts with state agencies 1081 Fine art; reservation of rights by the artist 164 Georgia Motor Vehicle Franchise Practices Act; amended 1004 Georgia Securities Act of 1973; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Georgia Securities Act of 1973; investment advisers 1332 Georgia State Warehouse Act; licenses 340 Liquefied petroleum gas; one-time fee to licensees or permittees for sale or storage of liquefied petroleum gas 647 Liquefied petroleum gas; storage facilities 1434 Motor Vehicle Warranty Rights Act; repair or replacement of defective motor vehicle by dealer; arbitration 1013 Petroleum; diesel fuel; aboveground storage tanks Vetoed SB 716 Page LXVI Securities; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Securities; investment advisers 1332 Sheriff's sales 1731 Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 Trade secrets; Georgia Trade Secrets Act of 1990; enacted 1560 Unfair and deceptive practices in consumer transactions; funding of real estate loans 1653 COMMERCE, CITY OF Commerce Civic Center and Tourism Authority; creation 4085 COMMERCE CIVIC CENTER AND TOURISM AUTHORITY Creation 4085 COMMUNITY AFFAIRS, DEPARTMENT OF Minimum standards and procedures for coordinated and comprehensive planning; ratification 945 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Composition 1903 COMPUTER PROGRAMS AND SOFTWARE Inspection of public records 341 CONDOMINIUMS Georgia Condominium Act; amended 227 CONSERVATION AND NATURAL RESOURCES Asbestos Licensing Board; termination date 285 Code revision 8 Combined sewer overflows; elimination or treatment of sewage overflow 1216 Commissioner; power to authorize and direct conservation rangers to assist law enforcement agencies in crime prevention and apprehension of criminals 376 Conservation rangers; powers and duties 376 Conservation use property; agricultural and timber lands; standing timber; residential transitional property; ad valorem taxes 2437 Dams; exemptions to Georgia Safe Dams Act of 1978; change of classifications; inspections 326 Department of Natural Resources; minimum standards for protection of natural resources; ratification 406 Garbage and waste; transportation across county lines 1345 Page LXVII Gasoline service stations; Department of Natural Resources; rules; restraint 661 Georgia Agricultural Exposition Authority; compensation of members 6 Georgia Comprehensive Solid Waste Management Act; enacted 412 Georgia Hazardous Waste Management Authority; membership and duties 1983 Georgia Hazardous Waste Management Authority; membership of officers and employees in the Employees' Retirement System of Georgia 527 Georgia Music Hall of Fame Authority; creation 1062 Georgia Music Hall of Fame Authority Overview Committee; creation 1079 Georgia Water Quality Control Act; civil penalty 1211 Georgia Water Quality Control Act; combined sewer overflows 1216 Georgia Water Quality Control Act; combined sewer overflow systems; permits 1201 Georgia Water Quality Control Act; lakes; water quality standards 1207 Hazardous waste reduction plans 1427 Jekyll IslandState Park Authority; membership 872 Joint Study Committee on Hazardous Waste Management; creation 962 Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Judicial review of decisions of the Board of Natural Resources; applicability of Georgia Administrative Procedure Act to rules 223 Lake Lanier Islands Development Authority; membership 872 Lakes; water quality standards 1207 Laundry detergents; phosphorus 1203 Marine toilets; requirements for certain lakes 1218 , 317 Pesticide residues; adulterated food 318 Phosphorus; retail sale of certain cleaning agents prohibited 1203 Regional Solid Waste Management Authorities Act; enacted 412 Sanitary sewers; eminent domain 731 Sewage Holding Tank Act; enacted 861 Solid waste; notice of approval, modification, or revocation of permit for handling solid waste 223 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256 Stone Mountain Memorial Association; membership 872 Upper Savannah River Development Authority; membership 872 Waste management; biomedical waste thermal treatment technology facilities; permits 1222 Waste management; permits for solid waste disposal sites 1222 Water pollution; permits for combined sewer overflow systems required 1201 Water-saving toilets, shower heads, faucets, and plumbing fixtures 1212 CONSERVATION RANGERS Authorization to assist law enforcement agencies in crime prevention and apprehension of criminals 376 CONSTITUTION OF THE STATE OF GEORGIA Ad valorem taxation of conservation use property, agricultural and timber lands, standing timber, and residential transitional property 2437 Divorce actions; venue and jurisdiction 2430 Page LXVIII Education trust fund; assistance to students and parents; postsecondary education 2433 Emerging crops loan fund 2445 Emerging crops loan fund; financial assistance to farmers 2441 Indemnification of licensed emergency management rescue specialists; killed or permanently disabled 2432 Municipal courts; jurisdiction of state offenses 2440 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Public officials; holding office after felony conviction involving moral turpitude 2443 Sovereign immunity and official immunity 2435 CONTINUING CARE PROVIDERS Regulation 1817 CONTRACTS Counties and municipalities; multiyear installment purchase contracts 254 Drug-free Workplace Act; state contracts 1081 Illegal and void contracts; exception for contracts in partial restraint of trade 1676 Public schools; multiyear lease, purchase, or lease purchase contracts 1035 CONTROLLED MEDICAL ASSISTANCE DRUG LIST Negotiation for drugs from sole supplier 1808 CONYERS, CITY OF Mayor; councilmembers; elections; terms 4032 COORDINATE SYSTEM Distances; expression in either meters or feet 168 CORDELE, CITY OF Cordele Office Building Authority; purposes 3783 CORDELE OFFICE BUILDING AUTHORITY Purposes 3783 CORONERS Expense of embalming 1968 Georgia Coroner's Training Council; quorum 1967 Georgia Death Investigation Act; enacted 1735 Training; Georgia Coroner's Training Council; terms of office 333 Page LXIX CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Alien corporations; annual registrations; acquisition of real property; RICO Act 322 Articles of incorporation; publication of notice of intent to file articles of incorporation 257 Articles or certificates of merger or share exchange 257 Business combination defined 257 Business combinations; combination with interested shareholders 257 Business corporations; general powers; quorums; voting 257 Close corporations; termination of status 257 Compulsory purchase rights 257 Directors; terms and powers 257 Dissenters' rights; failure of a corporation to take action 257 Dissenting stockholder; waiver of rights 257 Dissolution; publication of notice to dissolve; articles of dissolution; administrative dissolution; decrees 257 Dissolution; shareholders' option to dissolve a corporation 257 Fees; publication of notices 257 Fiduciaries; entities acting as corporate fiduciaries 301 Foreign corporations; service of process 257 Foreign corporations; transacting business without a certificate of authority 257 Insurance; certain corporations and trusts authorized to provide personal insurance without consent of insured 132 Limited partnerships; partnership names 257 Limited partnerships; reservation of name 257 Merger or share exchange; effect 257 Merger or share exchange; publication of notice 257 Name change; publication of intent to change name 257 Name change; publication of notice 257 Name reservation 257 National securities exchange; definition 257 Nonprofit corporatins; dissolution 257 Nonprofit corporations; publication of articles of merger or consolidation 257 Notices; publication 257 Ordinary relief 257 Partnerships; death or withdrawal of partners; continuation of the business partnership after the death or withdrawal of a partner 257 Shareholders' agreements 257 Small minority business development corporations; capital; membership; directors 176 Taxation; exemption from intangible tax for stock held in certain foreign corporations 1353 Voting; corporate bylaw increasing the quorum or voting requirement for shareholders 257 COUNCIL OF SUPERIOR COURT CLERKS Creation 162 Page LXX COUNTIES Ad valorem taxation; reports showing millage rate and assessed value required 889 Billiard rooms; taxation, licensing, and regulation 1916 Board of tax assessors; expense of discovering unreturned property; assistance by boards of education 1830 Bonds; expenditure of funds for other than stated purpose 1441 Chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 Children and youth; determination of youth needs 1871 Clerks; training seminar 1689 County children and youth commissions; expenditure of county taxes 793 County property; demolition of county courthouses; referendum 133 Courthouses; demolition; referendum 133 Development impact fees; authorized 692 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Elections; registration; absentee ballots; voter lists used for commercial purposes 143 Eminent domain; sanitary sewage systems 731 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Georgia County Leadership Act; enacted 1642 Indictment of elected county officers 1969 Jails; release of prisoners by sheriffs 1443 Land bank authorities; composition; powers and duties 1875 Local excise taxation on rooms, lodgings, and accommodations; expenditures; rates 1134 Multiyear installment purchase contracts 254 Occupational tax; authority to tax real estate brokers 644 Property; sale or grant to the state 877 Special county sales and use tax; records 382 Special elections; dates Vetoed HB 1628 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Taxation; alternative date for interest on taxes due 289 Taxpayer's appeals 1361 Telephones; county-wide local calling 1672 Training of elected officials 1642 Transportation of garbage and other waste across county lines 1345 Violations of county ordinances; penalties 1345 COURT OF APPEALS Judges; license plates 1902 Judges; mandatory retirement age Vetoed HB 1633 COURTHOUSES Demolition of county courthouses; referendum 133 Page LXXI COURTS Administrative Office of the Courts; employees 514 Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; supplement 5168 Cobb Judicial Circuit; assistant district attorneys; chief investigator; salary 4456 Cobb Judicial Circuit; superior court; judges; supplement 5263 Code revision 8 Contempt powers 590 Council of Superior Court Clerks; creation 162 Court of Appeals; Judges; mandatory retirement age Vetoed HB 1633 Coweta Judicial Circuit; additional judge 474 District attorneys; personnel positions in office of district attorney 1363 District attorneys; prosecuting attorney defined 1235 District attorneys; secretaries; salary schedule 1226 District attorneys emeritus; minimum state salary 511 District attorneys emeritus; practice of law 222 Division of Family and Children Services; supervision of children removed from home; reports 1765 Dougherty Judicial Circuit; superior court; judges; supplements 4587 Employees' Retirement System of Georgia; membership of employees of the Administrative Office of the Courts or the Judicial Council of Georgia 514 Fines and forfeitures; additional penalties for certain drug related offenses 2018 Flint Judicial Circuit; additional judge 489 Forfeiture; seizure and disposition of property used for gambling; judgment by default 587 Georgia Courts Automation Commission; creation 979 Griffin Judicial Circuit; judges; supplement 4459 Judges emeritus and retired judges; compensation and reimbursement of expenses; judicial assistance 343 Judges of the Probate Courts Retirement Fund of Georgia; secretary-treasurer; dues and benefits 543 Judicial assistance; judges emeritus and retired judges; expenses 343 Judicial assistance from other courts; part-time judges 920 Judicial Council of Georgia; employees 514 Judicial employees; membership in the Employees' Retirement System of Georgia 356 Jurisdiction; renewal of case after dismissal 876 Juvenile courts; associate juvenile court judges and traffic judges; disposition of delinquent children 1691 Juvenile courts; children; removal of children from home; plan of family reunification required 1765 Juvenile courts; children committing certain offenses sentenced to Department of Corrections 1930 Juvenile courts; detention of unruly children 1351 Juvenile courts; supervision fees 1871 Juvenile courts; termination of parental rights 1572 Juvenile courts; termination of parental rights; evidence 1425 License plates; Justices of the Supreme Court and Judges of the Court of Appeals 1902 Magistrate courts; discipline of magistrates 336 Page LXXII Magistrate courts; postjudgment interrogatories; proceedings in magistrate court 886 Magistrate courts; retired magistrates authorized to perform marriage ceremonies 297 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Probate courts; annual returns of fiduciaries administering estates 294 Probate courts; chief clerk; duties during vacancy in the office of judge 568 Probate courts; guardian and ward; structured settlements; approval 642 Probate courts; jury trials; contempt 1421 Probate courts; training of judges; retirement 312 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 Recordation of maps and plats; subdivision plats; transfer, sale, and offering for sale of land 1505 Retired judges and judges emeritus; compensation and reimbursement of expenses 343 State court judges; exception to residency requirement 349 Superior court clerks; recordation of extensions of covenants running with the land 384 Superior Court Judges Retirement System; membership 550 Superior courts; Atlanta Judicial Circuit; additional judge 497 Superior courts; Augusta Judicial Circuit; additional judge 471 Superior courts; Glynn County; terms 920 Superior courts; judges' secretaries; salary schedule 1226 Superior courts; Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Superior courts; Ocmulgee Judicial Circuit; additional judge 497 Superior courts; recording of maps and plats 1505 Superior courts; Superior Court Clerks' Retirement Fund of Georgia; benefits 1270 Superior courts; Western Judicial Circuit; judges; supplement 3501 Supreme Court of Georgia; Justices; mandatory retirement age Vetoed HB 1633 Temporary assignment of judges 343 , 497 The Georgia Municipal Courts Training Council Act; enacted 882 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance programs 220 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Trial Judges and Solicitors Retirement Fund; membership 550 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Western Judicial Circuit; judges; supplement 3501 COWETA JUDICIAL CIRCUIT Additional judge 474 Page LXXIII CRAWFORD COUNTY Board of commissioners; salary; referendum 4331 Middle Georgia Surface and Air Transportation Commission; creation 5170 CREDIT CARD ACCOUNTS Interest, finance charges, and other fees 1 CREDIT UNIONS Investment of certain funds by the buying and selling of loan participations authorized 300 CRIMES AND OFFENSES Aggravated sexual battery 1003 Bingo; licensure; fingerprints and photographs 1944 Bombs; criminal possession of explosive device Vetoed HB 1512 Child abuse; central registry established 1772 Child abuse; reporting 1761 Child abuse records 1778 Code revision 8 Controlled substances and dangerous drugs; listing 640 Controlled substances or marijuana; occupational licenses; suspension or revocation for offenses 2009 Controlled substances or marijuana; purchase 992 Counterfeit or false proof of insurance document; manufacture, sale, distribution, or possession; penalties 1440 Criminal factoring of financial transaction card records 304 Criminal trespass by motor vehicle 2048 Criminal trespass by motor vehicle; identification of parking areas 881 Financial transaction card fraud 304 Fines; collection 1331 Fines and forfeitures; additional penalties for certain drug related crimes 2018 Firearms; licenses; persons convicted of drug offenses 2012 Fleeing or attempting to elude a police officer; speeding or leaving the state 585 Forfeiture; seizure and disposition of property used for gambling, judgment by default 587 Gambling devices on ships in state waters Vetoed HB 1512 Gambling; exemptions; devices Vetoed SB 412 Gambling; forfeiture of property 587 Hazing; penalties 1690 License to carry pistols or revolvers; fees 138 Licensed occupations; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana near a school 1097 Possession of firearms; exemptions; United States Attorneys 558 Public officials; holding office after felony conviction involving moral turpitude 2443 Purchase of marijuana or controlled substances 992 Page LXXIV Racketeer Influenced and Corrupt Organization Act; alien corporations; registration; real property 322 Reports of crimes committed by educators 1867 School property; reporting of crimes 1834 Seizure and disposition of property used for gambling; judgment by default 587 Sexual assault against persons in custody 1003 Sexual battery 1003 Tattooing near the eye prohibited 1866 CRIMINAL PROCEDURE Bond forfeitures 2336 Code revision 8 Discrimination against employees attending judicial proceedings 590 Fine as condition to probation; amount 1408 Fines; collection 1331 First offenders; probation; records 735 Forfeiture; seizure and disposition of equipment used for gambling; judgment by default 587 Indictment of local officials 1969 Juveniles; sentenced to Department of Corrections 1930 Parole; notice to victim 1001 Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980 CULLODEN, CITY OF City council; election; terms 5207 CULVER KIDD HIGHWAY Designated 943 CURRENCY TRANSACTIONS Regulations; reports 362 D DAHLONEGA, CITY OF Mayor; councilmen; election; terms 4534 DALLAS, CITY OF Corporate limits 4784 DALTON, CITY OF Special assessments; liens 4215 Page LXXV DAMS Exemptions to Georgia Safe Dams Act of 1978; change of classification; inspections 326 DAY, HAROLD O. Compensation 968 DEBTOR AND CREDITOR Garnishment; individual retirement accounts; pension or retirement benefits 360 Postjudgment interrogatories; proceedings in magistrate court 886 DECATUR, CITY OF Board of education; members; terms 4320 Board of education; rules and regulations; admission policies 4008 Tax deferral for certain elderly persons 4079 DECATUR COUNTY Enhanced 911 emergency telephone service; district; fees and charges 3982 Exchange of property with the State of Georgia 952 DEKALB COUNTY Board of education; members; expense allowance 4540 City of Atlanta and DeKalb County; meetings; notice 4601 Code of Ethics; Board of Ethics of DeKalb County; creation; members; powers; duties 3900 Commission; members; expense allowance 4296 County surveyor; appointment 3843 DeKalb County and DeKalb County School District; millage rates; referendums 5272 DeKalb County Pension Board; beneficiaries; vested terminated employees 5349 DeKalb County Pension Board; prior service credit 5285 Homestead exemption; referendum 3978 Ordinance violations; penalties 4479 Recorder's court; clerk 5304 Recorder's court; penalities 4709 DEPARTMENT OF COMMUNITY AFFAIRS Georgia Allocation System; amended 817 Georgia Music Hall of Fame Authority Act 1062 Minimum standards and procedures for coordinated and comprehensive planning; ratification 945 Powers, duties, and authority with regard to waste management education 412 Regional development centers; supplemental funding formula; ratification 206 Page LXXVI DEPARTMENT OF CORRECTIONS Children and youth; children committing certain offenses sentenced to Department of Corrections 1930 See also Penal Institutions DEPARTMENT OF HUMAN RESOURCES Children and youth services; children committing certain offenses sentenced to Department of Corrections 1930 Division of Family and Children Services; removal of children from home; reports 1765 Georgia Radiation Control Act; powers and duties 711 Liability insurance; coverage extended to nonprofit agencies providing services to the mentally retarded 1836 Peace Officers' Annuity and Benefit Fund; membership of certain employees 540 Rules and regulations; variances and waivers 791 See also Health; Mental Health; and Social Services DEPARTMENT OF MEDICAL ASSISTANCE Drugs; sole supplier; drug application fee 1808 Interest on orders and judgments 161 Procedure for adoption, amendment, or repeal of rules 1274 DEPARTMENT OF NATURAL RESOURCES Georgia Radiation Control Act; powers and duties 711 Georgia State Games Commission 1146 Minimum standards; ratification 406 Temporarily restrained from promulgating rules regarding gasoline service stations 661 See also Conservation and Natural Resources; Game and Fish; and Waters of the State, Ports, and Watercraft DEPARTMENT OF PUBLIC SAFETY Accident reports 591 Driver improvement programs 194 Notice of cancellation of motor vehicle insurance 1236 Uniform Division; jurisdiction over highway safety rest areas and welcome centers 1329 Uniform Division; qualifications of persons appointed to or enlisted in the Uniform Division 283 See also Law Enforcement Officers and Agencies and Motor Vehicles and Traffic DEPARTMENT OF TECHNICAL AND ADULT EDUCATION State Board of Postsecondary Vocational Education; change of references 1256 State Board of Technical and Adult Education; membership 1903 See also Education Page LXXVII DEPARTMENT OF TRANSPORTATION Conveyance of state property 394 See also Highways, Bridges, and Ferries DESMOND T. DOSS MEDAL OF HONOR HIGHWAY Designated 954 DEVELOPMENT AUTHORITIES LAW Disposition of property of dissolved development authorities 383 DEVELOPMENT AUTHORITY OF CITY OF MILLEDGEVILLE AND BALDWIN COUNTY Conveyance of state property 394 DEVELOPMENT IMPACT FEES Georgia Development Impact Fee Act; enacted 692 DEVERELL, WILLIAM L., SR., BRIDGE Designated 202 DICK HUNTER BRIDGE Designated 957 DIESEL FUEL Aboveground storage tanks Vetoed SB 716 DISPOSITION OF UNCLAIMED PROPERTY ACT Revision 1506 DISTRICT ATTORNEYS District attorneys emeritus; minimum state salary 511 Personnel positions in office of district attorney 1363 Prosecuting attorney defined 1235 Secretaries; salary schedule 1226 Uniform Reciprocal Enforcement of Support Act; duties 1832 DISTRICT ATTORNEYS EMERITUS Practice of law 222 Page LXXVIII DISTRICT ATTORNEYS' RETIREMENT ACT Membership; benefits 865 DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA District attorneys emeritus; practice of law 222 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Employees' Retirement System of Georgia; transfer of membership to 523 DIVORCE Undefended divorce cases; appointment of attorney to determine legality and sufficiency of grounds 1315 Venue and jurisdiction 2430 DODGE COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 DOG POUNDS Euthanasia of dogs and cats 1686 Georgia Animal Protection Act; kennels; licenses 1650 DOMESTIC RELATIONS Adoption 1572 Adoption; surrender of parental rights 1034 Child abuse; central registry established 1772 Child abuse; records; reports of suspected child abuse 1778 Child abuse; reporting requirements 1761 Child abuse; State-wide Child Fatality Review Panel; created 1785 Child custody; applications for appeal Vetoed SB 238 Child custody; change of custody by removing child from school grounds prohibited 344 Child custody; joint and sole custody 1423 Code revision 8 Divorce; undefended divorce cases; appointment of attorney to determine legality and sufficiency of grounds 1315 Divorce; venue and jurisdiction 2430 Family Preservation and Child Protection Reform Act; enacted 1986 Interstate Compact on the Placement of Children; compliance 1572 Marriage; retired magistrates authorized to perform marriage ceremonies 297 State-wide Child Fatality Review Panel; created 1785 Sterilization; consent of spouse 325 Termination of parental rights; evidence 1425 Uniform Reciprocal Enforcement of Support Act; representation of the petitioner by the district attorney 1832 Page LXXIX DOSS, DESMOND T. Medal of Honor Highway; designated 954 DOUGHERTY COUNTY Board of commissioners; salary 4621 Superior court; judges; supplements 4587 DOUGHERTY JUDICIAL CIRCUIT Superior court; judges; supplements 4587 DOUGLAS COUNTY Board of commissioners; membership; elections; referendum 3650 Coroner; compensation 3768 Homestead exemption; referendum 3658 Homestead exemption; referendum 3662 Homestead exemption; school district taxes; referendum 3643 West Georgia Regional Water Authority; members; quorums 4729 DOWNTOWN DEVELOPMENT AUTHORITIES Directors; qualifications 570 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY District 5033 Members; appointment and election; district 3921 DRIVERS' LICENSES See Motor Vehicles and Traffic DRUG-FREE POSTSECONDARY EDUCATION ACT State funds denied students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 DRUG-FREE PUBLIC WORK FORCE ACT OF 1990 Enacted 2004 DRUG-FREE WORKPLACE ACT Enacted 1081 DRUGS Applicants for state employment; drug testing 2046 Controlled substances and dangerous drugs; listing 640 Page LXXX Crimes and offenses; manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or marijuana near a school 1097 Drivers' licenses; delay of issuance of driver's license to person under 16 years of age for drug offense or driving under the influence 1148 Drivers' licenses; suspension of licenses upon conviction of possession of controlled substance or marijuana 1149 Driving under the influence; presence of marijuana or controlled substance in blood or urine 2048 Drug-free Postsecondary Education Act; state funds denied students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 Drug-free Public Work Force Act of 1990; enacted 2004 Drug-free Workplace Act; enacted 1081 Drug testing of certain state employees 2028 Education; prescribed course of study of alcohol and drug abuse 2043 Fines and forfeitures; additional penalties for certain drug related offenses 2018 Georgia Development Authority; exclusion from programs of persons convicted of illegal drug activities 2026 Georgia Residential Finance Authority; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Licenses; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Licenses to carry firearms 2012 Mandatory drug testing of candidates for certain state offices 2015 Marijuana or controlled substances; purchase 992 Public retirement systems; forfeiture of rights and benefits upon conviction of drug related crime 2019 Public Service Commission; inspections and arrests 2022 Student Organization Responsibility for Drug Abuse Act; enacted 2033 Taxation of illegal drugs; jeopardy assessments in cases involving possession, sale, or distribution of illegal drugs 2041 Taxation of marijuana and controlled substances 1231 Workers' compensation; injury or death due to marijuana or controlled substance 1147 Workers' compensation; out-of-state mail order pharmacies 1087 DUBLIN, CITY OF Corporate limits 4072 Middle Georgia Surface and Air Transportation Commission; creation 5170 DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM Approval; fees 1154 Attendance by persons 16 years of age 1097 DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT Enacted 1101 Page LXXXI DYKES, EVERETT FLOYD Highway designated 978 E EARNEST, WARREN D., SR., BRIDGE Designated 201 EAST DUBLIN, TOWN OF Mayor; councilmembers; election; districts 4193 Name changed to City of East Dublin 4145 EAST POINT, CITY OF City manager 5427 Public utilities 5397 EASTERN JUDICIAL CIRCUIT District attorney; salary supplement 4355 EASTMAN, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ECONOMIC REHABILITATION ACT OF 1975 Amended 1436 EDUCATION Alcohol; development and dissemination of information 1972 Alcohol and drug abuse; prescribed course of study 2043 Alternative programs beyond regular educational programs 1354 Assessment for first grade readiness; tests, procedures, and policies 1359 Attendance officers; authority to employ limited 688 Certification of professional personnel; fees 1339 Child custody disputes; removal of child from school premises prohibited 344 Code revision 8 College and university presidents or designees; voter deputy registrars Vetoed HB 1419 College Opportunity Act; enacted 1448 College or university presidents or designees as deputy voter registrars 143 Contracts and purchases by public schools; multiyear lease, purchase, or lease purchase contracts 1035 Crime reporting 1834 Crimes; reporting of certain crimes by any school system educator 1867 Department of Education; Georgia Administrative Procedure Act 794 Page LXXXII Drug-free Postsecondary Education Act of 1990; state funds denied to students who commit certain offenses involving marijuana, controlled substances, or dangerous drugs 2037 Drug-free school zones 1097 Education Partnership Act of 1990; enacted 1132 Education trust fund; assistance to students and parents; postsecondary education 2433 Employee benefit plan council; schoolteachers and public school employees; participation 1247 Equalization grants 1354 Full-time equivalent count 1354 Georgia Education Trust; created 1448 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Georgia Military College; board of trustees; creation; authority and duties; scholarships 579 Georgia Proprietary School Act; repealed 1166 Georgia Public Telecommunications Commission; creation 594 Georgia Student Finance Commission; membership 1903 Hazing; penalties 1690 Health insurance; schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924 Isolated school grants Vetoed SB 411 Kindergarten and primary grades; instructional costs 1972 Local boards; authority to employ attendance officers limited 688 Local boards of education; assistance in expense of discovering unreturned property for school taxes 1830 Local boards of education; failure to arrange for operation of schools 1343 Local boards of education; procedure for filling vacancies 1261 Middle schools; criteria and standards for grants 892 Nonpublic Postsecondary Education Commission; creation 1166 Nonpublic Postsecondary Educational Institutions Act of 1990; enacted 1166 North Georgia College; military scholarships; selection 1903 Peace officers employed by universities, colleges, and schools; search warrants 1980 Performance evaluation of teachers 1312 Postsecondary Educational Authorization Act of 1978; repealed 1166 Prescribed course 1972 Professional and staff development programs; stipends 1254 Quality Basic Education Act; program weights 847 School buses; transportation to nonschool activities; reimbursement 917 School year; automatic repeal of authority of local boards of education to vary length repealed 1269 Sick leave; employees of the Department of Technical and Adult Education 1972 Sparsity grants Vetoed SB 411 Staff and professional development; use of funds 918 State Board of Education; Georgia Administrative Procedure Act 794 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256 State Board of Technical and Adult Education; membership 1903 Student Organization Responsibility for Drug Abuse Act; enacted 2033 Student teachers; additional payment to supervisors 1354 Suspending and reopening local school systems 1344 Page LXXXIII Teacher support specialists 1354 Teachers; assessment of performance 1312 Teachers' certificates; fees 1339 Teachers' certificates; applicants who have not completed a teacher preparation program 1487 University System of Georgia; aid to or from law enforcement agencies 1959 EDUCATION PARTNERSHIP ACT OF 1990 Enacted 1132 EDUCATION TRUST FUND Assistance to students and parents; postsecondary education 2433 EFFINGHAM COUNTY Homestead exemption; school district taxes; referendum 4035 ELBERT COUNTY Board of education; salary and expenses 3508 ELDERLY PERSONS Transportation services 915 ELECTIONS Campaign contribution disclosure reports; soil and water conservation district supervisors exempted from filing 643 Campaign contributions; disclosures 922 Campaign contributions; disposition; conversion to personal use 1327 Code revision 53 Constitutional or statutory boards for which membership is based on residency in a congressional district; continuation in office 1903 County courthouses; demolition; referendum 133 Deputy registrars; chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 Deputy registrars; presidents of public or private colleges or universities or their designees to serve as deputy registrars Vetoed HB 1419 Drug testing; candidates for certain state offices 2015 Ethics in Government Act; campaign contributions; disclosures 922 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Municipal elections; dates 1399 Municipal special elections; dates Vetoed HB 1628 Nominating petitions 243 Paupers' affidavits 243 Political parties; certification 243 Primaries; conduct 243 Page LXXXIV Public officials; holding office after felony conviction involving moral turpitude 2443 Recall Act of 1989; legal sufficiency of petition; judicial review 1939 Registrars 243 Registrars; appointment and compensation of chief registrars and other registrars 1282 Registration; absentee ballots; college or university presidents or designees as deputy registrars 143 Selection and qualification of candidates for certain state offices; drug testing 2015 Special elections; dates for special elections Vetoed HB 1628 Special municipal elections; dates 243 Special municipal primaries; dates 243 Tabulating machines 243 Voter lists; use for commercial purposes prohibited 143 ELECTRIC MEMBERSHIP CORPORATIONS Encumbrance of after-acquired property 256 ELIZA BAPTIST CHURCH Conveyance of state property 207 ELLAVILLE, CITY OF New charter; governing authority; powers; duties 3677 ELOISE WOOLDRIDGE BRIDGE Designated 984 EMANUEL COUNTY Board of commissioners; salary 4324 EMERGENCY MEDICAL SERVICES Indemnification of licensed emergency management rescue specialists; killed or permanently disabled 2432 EMERGENCY MEDICAL TECHNICIANS Indemnification 646 EMERGENCY TELEPHONE SYSTEM FUND Establishment by local governments with 911 systems 179 EMERGING CROPS FUND ACT Fund established to make loans for cost of establishing emerging crops 1696 Page LXXXV EMERGING CROPS LOAN FUND Financial assistance to farmers 2441 Proposed amendment to the Constitution 2445 EMERSON, CITY OF Corporate limits 3888 EMINENT DOMAIN Code revision 8 Sanitary sewerage systems 731 EMPLOYEE BENEFIT PLAN COUNCIL Health care or dependent care spending accounts; deductions; state employees 567 Schoolteachers and public school employees; participation 1247 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Appellate court judges; mandatory retirement age Vetoed HB 1633 Creditable service; forfeited annual and sick leave 539 Creditable service for certain military service authorized 521 Creditable service for certain teaching service 508 Creditable service for employees of certain county departments of family and children services 993 Creditable service for military service; World War II 1225 District Attorneys' Retirement System; transfer of membership from 523 General Assembly; group term life insurance for members and former members of the General Assembly authorized 1263 Georgia Federal-State Shipping Point Inspection Service employees; creditable service 556 Georgia Hazardous Waste Management Authority; membership of officers and employees 527 Membership; employee contributions; judicial employees 514 Membership of judicial employees 356 Restoration to service of disability beneficiary 525 Retirement allowances for certain employees revised; contributions 532 Survivors benefits and group term life insurance for members, former members, and retired members 1263 Tax commissioners, tax collectors, tax receivers, and employees; eligibility for membership 527 EMPLOYER AND EMPLOYEE Discrimination against employee for attending a judicial proceeding; exceptions 590 Page LXXXVI EMPLOYMENT SECURITY LAW Fishing 870 Joint Legislative and Public Task Force on Revising Georgia Employment Security Law; creation 203 ENDOWMENT FUNDS Regulation 1471 ENGINEERS Workers' compensation; professional engineers exempted from third-party actions 1164 ENIGMA, TOWN OF Mayor; councilmen; elections; terms 4042 ENVIRONMENTAL PROTECTION See Conservation and Natural Resources; Health; and Waters of the State, Ports, and Watercraft ERNEST W. STRICKLAND BRIDGE Designated 214 ETHICS IN GOVERNMENT ACT Campaign contributions; disclosures 922 Campaign contributions; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 EVERETT FLOYD DYKES HIGHWAY Designated 978 EVIDENCE AIDS confidential information; disclosure 705 Children; competence in certain cases 1795 Privilege; qualified privilege for persons engaged in news gathering and dissemination 167 Termination of parental rights 1425 Witness fees; arson investigators of the state fire marshal's office or members of local fire departments 1446 Witnesses; children competent witnesses in certain cases 1795 EXPLOSIVE DEVICES Criminal possession Vetoed HB 1512 Page LXXXVII F F. EMORY GREENE MEMORIAL BRIDGE Designated 983 FACSIMILE MESSAGES Unsolicited commercial facsimile messages prohibited 252 FAIR HOUSING Fair housing and discriminatory practices relating to housing transactions 1284 Real estate brokers and salepersons; sanctions for discriminatory practices 650 FAMILIES AND CHILDREN Emotionally disturbed children; delivery of social services 1798 Social services; delivery to families and children 1986 FAMILY PRESERVATION AND CHILD PROTECTION REFORM ACT Enacted 1986 FARMERS' MARKETS Defined; rental or leasing 320 FAYETTE COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 Probate court; judge; salary Vetoed HB 1885 Probate court; judge; salary 4648 School superintendent; appointment; term; referendum 4317 Sheriff; salary 4100 Superior court; clerk; salary Vetoed HB 1884 Superior court; clerk; salary 4652 Tax commissioner; salary Vetoed HB 1882 Tax commissioner; salary 4650 FAYETTEVILLE, CITY OF Mayor; councilmen; election; terms; posts 4775 FEDERAL UNEMPLOYMENT TAX ACT Resolution urging the federal government to provide adequate funds for employment and unemployment programs 128 Page LXXXVIII FIDUCIARIES Annual returns of fiduciaries administering estates 294 Entities acting as corporate fiduciaries 301 See also Wills, Trusts, and Administration of Estates FINANCIAL TRANSACTION CARDS Credit card accounts 1 Criminal factoring of financial transaction card records 304 FINE ARTS Rights; reservation by the artist 164 FINES AND FORFEITURES Bond forfeitures 2336 Collection 1331 Drug related crimes 2018 Fine as condition to probation; amount 1408 FIRE DEPARTMENTS Minimum requirements for organization 354 FIRE PROTECTION AND SAFETY Aboveground storage tanks for diesel fuel Vetoed SB 716 Blasting and excavating near gas pipes and underground facilities 805 Minimum requirements for organization of a fire department 354 Smoke detectors required in certain buildings 1500 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Witness fees; arson investigators of state fire marshal's office or members of local fire departments 1446 FIREARMS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; United States Attorneys 558 FIREMEN Indemnification 646 FISHING LICENSES Fees 2422 See also Game and Fish Page LXXXIX FITZGERALD, CITY OF Homestead exemption; referendum 4146 Revenue bonds; Fitzgerald Water, Light, and Bond Commission; payments 5357 , 5391 FLINT JUDICIAL CIRCUIT Additional judge 489 FLOYD COUNTY Juvenile court; judge; election; salary 3896 FOLKSTON, CITY OF Corporate limits; referendum 4217 FOOD, DRUGS, AND COSMETICS Adulterated food; pesticide residue 318 Canned or perishable food; donation to charitable or nonprofit organizations; immunity from suit 44 Code revision 8 Honey and imitation honey; penalty for mislabeling 391 FOREST PARK, CITY OF Corporate limits 4246 FOREST PRODUCTS Dimension lumber; grading 338 Georgia Forest Products Trucking Rules 709 Standing timber; ad valorem taxation 1869 , 1901 Standing timber; ad valorem taxation 2437 FORMER PRISONERS OF WAR RECOGNITION DAY Designated 1061 FORSYTH, CITY OF Homestead exemption; referendum 4764 Middle Georgia Surface and Air Transportation Commission; creation 5170 FORSYTH COUNTY Homestead exemption; school district taxes; referendum 4680 Johns Creek Community Improvement District; creation 4665 Page XC FORT VALLEY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 FRANCES M. HARRIS Compensation 951 FRATERNITIES Student Organization Responsibility for Drug Abuse Act; enacted 2033 FULTON COUNTY Board of commissioners; chairman; election; vacancy 4531 Board of education; pension and retirement system 3931 Easement through state property 948 Fulton County School Employees Pension System; membership of board 4913 Library system; trustees; per diem 3715 State court; clerk; marshal; costs; fees 3558 FUNERAL DIRECTORS, EMBALMERS, AND OPERATORS OF FUNERAL ESTABLISHMENTS General provisions; State Board of Funeral Service; licenses; operation of funeral establishments 1372 FUNERALS Law enforcement officers directing funerals granted immunity 1319 G GAINESVILLE, CITY OF Commission redesignated as council; commissioners redesignated as councilmembers 5352 Employees' retirement plan 5447 Mayor and councilmembers; compensation 5456 GAMBLING Exemptions; devices Vetoed SB 412 Forfeiture of property 587 Ships containing gambling devices in state waters Vetoed HB 1512 GAME AND FISH Code revision 8 Commercial hunting preserves; licenses 386 Conservation rangers; authority to assist law enforcement agencies in crime prevention and apprehension of criminals 376 Page XCI Creel and possession limits; red drum, commonly known as spot-tail bass or channel bass 762 Fishing; unemployment compensation 870 Fishing and hunting licenses; fees 2422 Georgia Adminsitrative Procedure Act; applicability to rules and regulations of the Board of Natural Resources 223 Legal hunting weapons; handguns 380 Marine toilets on certain lakes 1218 , 317 Taxidermists; licensure 386 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 GARNISHMENT Individual retirement accounts; pension or retirement benefits 360 GAS PIPES Blasting or excavating near 805 GENERAL ASSEMBLY Acts granting compensation increases to municipal officers and employees; effective date 1397 Commissioner of Insurance; supplemental report on property and casualty insurance 1496 Employees' Retirement System of Georgia; group term life insurance for members and former members of the General Assembly authorized 1263 Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Georgia Courts Automation Commission; creation 979 Georgia Laws; legislative counsel to compile, index, edit, and publish 782 Georgia Legislative Retirement System; creditable service for prior service as member of the General Assembly 534 Georgia Legislative Retirement System; retirement allowance 510 Georgia Music Hall of Fame Overview Committee; creation 1079 Joint Steering Committee for the Georgia General Assembly's Conference on Children of Cocaine and Substance Abuse; creation 985 Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Areas; creation 989 Joint Workers' Compensation Study Committee; creation 972 Legislative counsel; compiling, indexing, editing, and publishing Georgia Laws 782 Legislative Services Committee; meetings; approval of invoices 366 Metropolitan Atlanta Rapid Transit Overview Committee; extend existence 956 Municipal officers and employees; compensation increases; effective dates 1397 GENERAL PROVISIONS Children's Day declared 175 Former Prisoners of War Recognition Day; designated 1061 Page XCII Laws and statutes; effective date of census for certain purposes changed 1903 Municipal officers and employees; compensation increases; effective dates 1397 GENERAL ROBERT L SCOTT HIGHWAY Designated 974 GEOLOGISTS Workers' compensation; exemptions from third-party actions 1164 GEORGIA ADMINISTRATIVE PROCEDURE ACT Applicability to State Board of Education and Department of Education 794 Board of Natural Resources; applicability to rules 223 Department of Medical Assistance; rules 1274 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY Members' compensation 6 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Georgia Agrirama Development Authority Overview Committee; created Vetoed HB 1889 Membership of Secretary of State 872 GEORGIA ALLOCATION SYSTEM Amended 817 GEORGIA ANIMAL PROTECTION ACT Euthanasia of dogs and cats 1686 Pet dealers and kennel, stable, and animal shelter operators; license fees; stable redefined 1650 Quarantine of animals with contagious disease 1650 GEORGIA AUCTIONEERS COMMISSION Terms; reports; termination date 576 GEORGIA BOAT SAFETY ACT Protected fresh waters; marine toilets 1218 , 317 GEORGIA BUREAU OF INVESTIGATION Peace Officers' Annuity and Benefit Fund; membership of certain employees 540 State Medical Examiner; Medical Examiner Advisory Commission 1735 Page XCIII GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Termination date 1445 GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT Biomedical waste thermal treatment technology facilities; permits 1222 Enacted 412 Solid waste disposal sites; permits 1222 GEORGIA CONDOMINIUM ACT Association; meetings; rules and regulations; termination 227 Condominium instruments; amendment; special assessments; common expenses; allocation; common elements 227 Insurance; coverage; allocation of deductible 227 GEORGIA COORDINATE SYSTEM OF 1985 Distances; expression in either meters or feet 168 GEORGIA CORONER'S TRAINING COUNCIL Quorum 1967 Terms of office 333 GEORGIA COUNCIL FOR THE ARTS Membership 1903 GEORGIA COUNTY LEADERSHIP ACT Enacted 1642 GEORGIA COURTS AUTOMATION COMMISSION Creation 979 GEORGIA CRIME INFORMATION CENTER Dissemination of records 1831 GEORGIA DEATH INVESTIGATION ACT Enacted 1735 GEORGIA DEVELOPMENT AUTHORITY Emerging Crops Fund Act; administration of the Emerging Crops Fund 1696 Emerging Crops Fund Act; administration of the Emerging Crops Fund 2445 , 2441 Exclusion from programs of persons convicted of illegal drug activities 2026 Page XCIV GEORGIA DEVELOPMENT IMPACT FEE ACT Enacted 692 GEORGIA EDUCATION TRUST Created 1448 GEORGIA EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977 Local governments; monthly fees; indemnification; ultimate responsibility to service suppliers 179 GEORGIA FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT Enacted 328 GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE Retirement; creditable service 556 GEORGIA FIREMEN'S PENSION FUND Benefits 554 GEORGIA FOOD ACT Adulterated food; pesticide residue 318 GEORGIA FOREST PRODUCTS TRUCKING RULES Adoption and promulgation by the Public Service Commission 709 GEORGIA GIFT TO MINORS ACT Repealed 667 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY ACT Employees' Retirement System of Georgia; membership of officers and employees 527 Hazardous waste reduction plans 1427 Membership and duties of the authority 1983 GEORGIA HEARING AID DEALERS AND DISPENSERS ACT State Board of Hearing Aid Dealers and Dispensers; termination date 1857 GEORGIA LAND SALES ACT Enacted 606 Page XCV GEORGIA LAWS Legislative counsel to compile, index, edit, and publish 782 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Creditable service for prior service as member of the General Assembly 534 Retirement allowance 510 GEORGIA LIFE INSURANCE AND HEALTH INSURANCE GUARANTY ASSOCIATION Assessments 1367 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Drugs; Department of Human Resources; negotiation for drugs from sole supplier; drug application fee 1808 Interest on orders and judgments 161 Rules 1274 GEORGIA MILITARY COLLEGE Board of trustees; creation; authority and duties; scholarships 579 GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT Amended 1004 GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM Name changed from Joint Municipal Employees Benefit System 190 GEORGIA MUNICIPAL TRAINING ACT Enacted 1642 GEORGIA MUSIC HALL OF FAME AUTHORITY ACT Enacted 1062 GEORGIA MUSIC HALL OF FAME AUTHORITY OVERVIEW COMMITTEE Created 1079 GEORGIA MUTUAL AID ACT Public safety director or chief of police of any institution within the University System of Georgia authorized to aid or request aid from local law enforcement agencies 1959 Page XCVI GEORGIA 1992 COMMISSION Created 1732 GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976 Pesticide contractor's license; crop dusters; agricultural applications 1253 GEORGIA POWER COMPANY Easement across state property in Fulton County 399 GEORGIA PROPRIETARY SCHOOL ACT Repealed 1166 GEORGIA PUBLIC TELECOMMUNICATIONS COMMISSION Created 594 GEORGIA RADIATION CONTROL ACT Revised 711 GEORGIA RAIL PASSENGER AUTHORITY Membership 1903 GEORGIA REAL ESTATE APPRAISERS BOARD Created 1701 GEORGIA REGISTERED PROFESSIONAL NURSE PRACTICE ACT Amended 747 GEORGIA RESIDENTIAL FINANCE AUTHORITY Drug crimes; persons convicted of drug crimes prohibited from participating in home purchase programs 2024 Powers and duties; loans; bonds; subsidiary authorities; tax exemption of property 1039 GEORGIA SAFE DAMS ACT OF 1978 Exemptions; change of classification; inspections 326 GEORGIA SECURITIES ACT OF 1973 Definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Investment advisers 1332 Page XCVII GEORGIA STATE GAMES COMMISSION Assigned to Department of Natural Resources 1146 GEORGIA STATE WAREHOUSE ACT Licenses 340 GEORGIA STUDENT FINANCE COMMISSION Georgia Education Trust; created 1448 Membership 1903 State funds denied students who commit offenses involving marijuana, controlled substances, or dangerous drugs 2037 GEORGIA TIME-SHARE ACT Definitions; campsite programs 227 GEORGIA TRADE SECRETS ACT OF 1990 Enacted 1560 GEORGIA TRANSFERS TO MINORS ACT Enacted 667 GEORGIA WATER QUALITY CONTROL ACT Civil penalty 1211 Combined sewer overflow systems; permits 1201 Combined sewer overflows 1216 Lakes; water quality standards 1207 Phosphorus; retail sale of certain cleaning agents prohibited 1203 GEORGIANET AUTHORITY Created 1566 GLENNVILLE, CITY OF Corporate limits 4466 GLYNN COUNTY Easement through state property to the Brunswick and Glynn County Development Authority 965 Superior court; terms 920 GOOD HOPE, CITY OF New charter; governing authority; duties; powers; salary 4877 Page XCVIII GORDON COUNTY Board of commissioners; creation; election; powers; duties; referendum 3745 Board of commissioners; purchases 5309 Enhanced 911 emergency telephone service 4310 GOVERNOR'S COMMISSION ON OBSTETRICS Created 573 GRAND JURIES Indictment of local officials 1969 GRAY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 GRAYSON, CITY OF Municipal court 5497 GREENE COUNTY Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 GREENE, F. EMORY Memorial bridge designated 983 GRIFFIN, CITY OF Board of commissioners; chairman designated; powers; duties; referendum 4596 Board of commissioners; taxation and finance powers; homestead exemption; referendum 3734 GRIFFIN JUDICIAL CIRCUIT Judges; supplement 4459 GUARDIAN AND WARD Disputed claims; probate court authorized to approve structured settlements 642 Incapacitated adults; appointment of guardian; modification or termination of guardian; death of ward 764 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 GWINNETT COUNTY Board of commissioners; itemized account of funds 3998 Page XCIX Board of registrations and elections; appointments; vacancies; elections supervisor; meetings 5022 Homestead exemption; school district taxes; referendum 3774 H HABITUAL VIOLATORS Driving under the influence 1154 Motor Vehicle Safety Responsibility Act; financial responsibility 649 HALL COUNTY Civil service system; board members; assistant county administrator; definitions; appeals 5294 HAMPTON, CITY OF Municipal court; jurisdiction; powers 4445 HANCOCK COUNTY Board of commissioners; compensation 4424 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 HANDGUNS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession; United States Attorneys 558 HANDICAPPED PERSONS Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired; termination date 1943 Incapacitated adults; guardianships 764 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 Transportation services 915 HAPEVILLE, CITY OF Mayor, councilmembers; elections; terms 3648 Redevelopment powers; referendum 3665 HARALSON COUNTY Board of commissioners; creation; elections; terms; powers; duties; referendum 3868 West Georgia Regional Water Authority; members; quorums 4729 Page C HAROLD O. DAY Compensation 968 HARRIS, FRANCES M. Compensation 951 HART COUNTY Sheriff; compensation 4524 Superior court; clerk; probate court; judge; salaries 4528 Tax commissioner; salary 4526 HARTWELL, CITY OF City councilman; election 3914 HAWKINSVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 HAZARDOUS MATERIALS Aboveground storage tanks for diesel fuel Vetoed SB 716 HAZARDOUS WASTE Georgia Hazardous Waste Management Authority; membership and duties of the authority 1983 Hazardous waste reduction plans 1427 Joint Study Committee on Hazardous Waste Management; creation 962 HAZING Penalties 1690 HEALTH Certificates of need; revocation; services 860 Code revision 8 Continuing care providers; regulation by the Insurance Department 1817 Department of Human Resources; rules and regulations; variances and waivers 791 Disclosures to patients; intraductal injection 1400 Durable Power of Attorney for Health Care Act; enacted 1101 Emergency rooms; notice of rights of women in labor and persons with emergency medical conditions 1810 Georgia Farm Animal and Research Facilities Protection Act; enacted 328 Georgia Radiation Control Act 711 Health Care Personnel Policy Advisory Commission; creation 1051 Health Planning Review Board; composition 1903 Page CI Health Planning Review Board; membership; hearings 1469 Health Policy Council; composition 1903 HIV tests 705 Home health agencies; exemption from certificates 378 Hospital authorities; functions and powers; nursing and health care education 310 Hospital Equipment Financing Authority; name changed; powers and authority 894 Hospitals; staff privileges; reports of disciplinary actions 561 Indigent Care Trust Fund; creation 139 Licensed Practical Nurses; licensure; reciprocity with other states 891 Mammograms and Pap smears; insurance 1057 Penal institutions; sanitation and health requirements 135 Radiation; Georgia Radiation Control Act 711 Regulation of hospitals and institutions; institutions defined 381 Restate purposes of land conveyance to Richmond County Board of Health 977 State Health Planning Agency; directed to make studies and reports 970 Sterilization procedures; consent of spouse 325 Tattooing near the eye prohibited 1866 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 See also Handicapped Persons; Insurance; and Mental Health HEALTH CARE FACILITIES Certificates of need; revocation; services 860 HEALTH CARE PERSONNEL POLICY ADVISORY COMMISSION Creation 1051 HEALTH MAINTENANCE ORGANIZATIONS Insurance 1275 HEALTH PLANNING REVIEW BOARD Composition 1903 Membership; hearings 1469 HEALTH POLICY COUNCIL Composition 1903 HEARD COUNTY Sheriff; compensation 4074 HEARING AID DEALERS AND DISPENSERS State Board of Hearing Aid Dealers and Dispensers; termination date 1857 Page CII HENRY COUNTY Board of commissioners; chairman; election; referendum 5232 Board of education; members; elections; referendum 4476 Enhanced 911 emergency telephone service; fees 4708 School superintendent; appointment; referendum 4474 HIGHWAYS, BRIDGES, AND FERRIES Code revision 8 Culver Kidd Highway; designated 943 Desmond T. Doss Medal of Honor Highway; designated 954 Dick Hunter Bridge; designated 957 Eloise Wooldridge Bridge; designated 984 Ernest W. Strickland Bridge; Joe A. Whitherington Bridge; Banks Crossing Highway; designated 214 Everett Floyd Dykes Highway; designated 978 F. Emory Greene Memorial Bridge; designated 983 Financial assistance for transportation services for elderly and handicapped persons 915 General Robert L. Scott Highway; designated 974 Georgia Forest Products Trucking Rules 709 Jennie Weyman Memorial Bridge; designated 405 Joe A. Whitherington Bridge; designated 988 , 214 Length restrictions; automobile carriers 255 Luther S. Colbert Memorial Bridge; designated 933 Luther V. Land Bridge and J. R. Reeves Bridge; designated 212 Plantation Parkway; designated 974 Rest areas and welcome centers; State Patrol 1329 State Transportation Board; per diem allowance for members 296 U. S. 441 Business Historic Route; extended and redesignated 943 Warren D. Earnest, Sr. Bridge; designated 201 William L. Deverell, Sr. Bridge; designated 202 HINESVILLE, CITY OF Mayor, council members; election; terms; referendum 4047 HIRAM, CITY OF Corporate limits 4609 HISTORIC PROPERTY Taxation of landmark historic property 1122 HOLDING TANKS Marine toilets 317 , 1218 Sewage Holding Tank Act; enacted 861 Page CIII HOLIDAYS AND OBSERVANCES Children's Day; declared 175 Former Prisoners of War Recognition Day; designated 1061 HOME HEALTH AGENCIES Exemptions from certificates 378 HONEY Mislabeling; penalties 391 HONEYBEES Diseases; Africanized bees 373 HOSPITAL AUTHORITIES LAW Functions and powers of hospital authorities; nursing and health care education 310 HOSPITAL EQUIPMENT FINANCING AUTHORITY ACT Name changed to Hospital Financing Authority Act; construction and financing of facilities 894 HOSPITAL FINANCING AUTHORITY ACT Name changed from Hospital Equipment Financing Authority Act; powers of authority broadened 894 HOSPITALS Certificates of need; revocation; services 860 Disclosures to patients; intraductal injection 1400 Emergency rooms; notice of rights of women in labor and persons with emergency medical conditions 1810 Hospital Financing Authority; acquisition and construction of facilities 894 Regulation; institution defined 381 Staff privileges; reports of disciplinary actions 561 HOUSTON COUNTY Board of commissioners; chairman; election; compensation; powers 3510 Enhanced 911 Service District Act 3517 Middle Georgia Surface and Air Transportation Commission; creation 5170 Sales and use tax; ad valorem tax 4212 HUMAN RESOURCES, DEPARTMENT OF Rules and regulations; variances and waivers 791 Page CIV HUNTER, DICK, BRIDGE Designated 957 HUNTING LICENSES Fees 2422 See also Game and Fish I IMPACT FEES Georgia Development Impact Fee Act; enacted 692 INDIGENT CARE TRUST FUND Created 139 INDIVIDUAL RETIREMENT ACCOUNTS Garnishment 360 INFORMED CONSENT Intraductal injections 1400 INSPECTION OF PUBLIC RECORDS Computer programs and software 341 INSURANCE Code revision 8 Commissioner of Insurance; supplemental report on property and casualty insurance 1496 Consent of insured for personal insurance; exception; corporations; trusts 132 Continuing care providers; regulation by the Insurance Department 1817 Counterfeit or false proof of insurance document; manufacture, sale, distribution, or possession; penalties 1440 Domestic mutual insurers; types of insurance allowed 1275 Fair access to insurance; time 1283 Fraudulent insurance acts 1477 Georgia Life and Health Insurance Guaranty Association; assessments 1367 Group life insurance; rating of small groups; notice of premium increases 1402 Group or blanket accident and sickness insurance; rating of small groups; notice of premium increases 1402 Health benefit plans; private review agents; certification 1088 Health maintenance organizations 1275 Individual accident and sickness insurance policies; deductibles 1402 Life insurance; notice to persons insured under life or accident and sickness policies 1000 Page CV Mammograms and Pap smears; optional coverage 1057 Medicare supplement insurance; minimum policy standards 814 Motor vehicle insurance; notice of cancellation 1236 Motor vehicle insurance; premium reduction; driver improvement clinics 194 Motor vehicles; assigned risk plans 738 Pap smears and mammograms; optional coverage 1057 Personal insurance; application and consent of the insured; exception; corporations; trusts 132 Private review agents; certification 1088 Rates; discounts for honor students and good drivers 1477 Surplus requirements 1275 Transfer of certain provisions to Motor Vehicle Code 2048 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Workers' compensation; group self-insurance funds 997 Workers' compensation insurance; filing of rates 1409 Workers' compensation insurance; optional deductible 392 INTERGOVERNMENTAL COUNCIL OF CHATHAM COUNTY Creation; members; duties 3928 INTRADUCTAL INJECTIONS Disclosures to patients 1400 INVESTMENT ADVISER Defined 1332 IRWIN COUNTY Board of commissioners; chairman; salary 4123 Deputy sheriffs; compensation; appointments 3731 IRWINTON, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Middle Georgia Surface and Air Transportation Commission; creation 5170 IVEY, CITY OF Homestead exemptions; referendum 3787 IVEY, JAMES R., JR. Conveyance of state property 197 Page CVI J J. R. REEVES BRIDGE Designated 212 JAILS City jail fund municipalities of 300,000 or more 172 Municipal detention facilities; safety and security; dispatchers; jailers 1371 Release of prisoners prior to completion of sentence 1443 Sexual assault against persons in custody 1003 Transmittal of information on convicted persons 565 See also Penal Institutions JASPER COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 JEFFERSON, CITY OF Ordinances; approval and adoption 4542 Public school system; school tax 4544 JEFFERSON COUNTY Board of education; election; school superintendent; appointment; referendum 4224 JEFFERSONVILLE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 JEKYLLISLANDSTATE PARK AUTHORITY Membership of Secretary of State 872 JENKINS COUNTY Board of education; salary and expenses 4236 JENNIE WEYMAN MEMORIAL BRIDGE Designated 405 JERSEY, CITY OF New charter; governing authority; election; terms 4484 Page CVII JOE A. WHITHERINGTON BRIDGE Designated 988 , 214 JOHNS CREEK COMMUNITY IMPROVEMENT DISTRICT Creation 4665 JOHNSON COUNTY Board of commissioners; purchases; office supplies for county officers 5301 JOINT BOARD OF FAMILY PRACTICE Expense allowance and travel cost reimbursement 1320 JOINT LEGISLATIVE AND PUBLIC TASK FORCE ON REVISING GEORGIA'S EMPLOYMENT SECURITY LAW Creation 203 JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM Name change; investment of funds 190 JOINT STEERING COMMITTEE FOR THE GEORGIA GENERAL ASSEMBLY'S CONFERENCE ON CHILDREN OF COCAINE AND SUBSTANCE ABUSE Creation 985 JOINT STUDY COMMITTEE ON HAZARDOUS WASTE MANAGEMENT Creation 962 JOINT STUDY COMMITTEE ON PARKS, RECREATION, HISTORIC PRESERVATION, AND NATURAL AREAS Creation 4685 JOINT WILKINSON-MCINTYRE-IRWINTON-TOOMSBORO WATER AND SEWER AUTHORITY Creation 4685 JOINT WORKERS' COMPENSATION STUDY COMMITTEE Creation 972 JONES COUNTY Homestead exemption; referendum 3790 Page CVIII Middle Georgia Surface and Air Transportation Commission; creation 5170 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Creditable service 312 Secretary-treasurer; dues and benefits 543 JUDICIAL COUNCIL OF GEORGIA Employees; Employees' Retirement System of Georgia; membership 514 JURIES Discrimination against employees on jury duty 590 JUVENILE COURTS Associate juvenile court judges and traffic judges; disposition of delinquent children 1691 Deprivation; competency of children to testify 1795 Detention of unruly children 1351 Incorrigible children; sentencing; Department of Corrections 1930 Removal of children from home 1765 Supervision fees 1871 Termination of parental rights; adoption 1572 Termination of parental rights; evidence 1425 JUVENILE JUSTICE COORDINATING COUNCIL Membership 1871 K KENNESAW, CITY OF Corporate limits 5044 Mayor and councilmen; elections; terms of office 4920 KIDD, CULVER Highway designated 943 KINGSTON, CITY OF New charter; governing authority; powers; duties; compensation 3944 L LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act; exemptions 816 Page CIX Carnival Ride Safety Act; amended 1945 Code revision 8 Discrimination against employee for attending a judicial proceeding; exceptions 590 Employment Security Law; fishing 870 Federal Unemployment Tax Act; adequate funds urged 128 Joint Legislative and Public Task Force on Revising Georgia's Employment Security Law; creation 203 Unemployment compensation; fishing 870 Workers' compensation; benefits; board; procedures; suppliers; physicians; peer review 1409 Workers' compensation; confirmation of insurer's refusal to cover risk 781 Workers' compensation; covered employees; minors; emergency management, rescue, or medical service personnel 1501 Workers' compensation; exemptions from third-party actions 1164 Workers' compensation; farm laborers 293 Workers' compensation; group self-insurance funds 997 Workers' compensation; injury or death due to marijuana or controlled substance 1147 Workers' compensation; optional deductibles 392 Workers' compensation; out-of-state mail order pharmacies 1087 Workers' compensation; Self-insurers Guaranty Trust Fund; creation 770 LAGRANGE, CITY OF Municipal court; judge; assistant judge; jurisdiction, practice, and procedure 3770 Municipal funds; charitable contributions 4400 LAKE BURTON Marine toilets prohibited 317 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Membership of Secretary of State 872 LAKE RABUN Marine toilets prohibited 317 LAMAR COUNTY Enhanced 911 emergency telephone service 4871 Magistrate court; chief magistrate; selection; referendum 4022 LAND, LUTHER V. Bridge designated 212 Page CX LAND BANK AUTHORITIES Composition; powers and duties 1875 LAND SURVEYORS Workers' compensation; exemption from third-party actions 1164 LANDLORD AND TENANT Dwellings unfit for habitation; hearings 1347 Fair housing 1284 , 650 Military personnel; permanent change of station 1829 Smoke detectors 1500 LANDMARK HISTORIC PROPERTY Taxation 1122 LANDSCAPE ARCHITECTS Workers' compensation; exemption from third-party actions 1164 LAUNDRY DETERGENTS Low phosphorus laundry detergents; sale; water quality 1203 LAURENS COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 Tax commissioner; salary 4038 LAW ENFORCEMENT OFFICERS AND AGENCIES Animals; duty to enforce disease prevention and control provisions 572 Code revision 8 Conservation rangers; authorization to cooperate with law enforcement agencies in crime prevention and apprehension of criminals 376 Department of Public Safety; accident reports 591 Department of Public Safety; driver improvement programs 194 Department of Public Safety; notice of cancellation of motor vehicle insurance 1236 Department of Public Safety; qualifications of persons appointed to or enlisted in the Uniform Division 283 Fleeing or attempting to elude a police officer 585 Funerals; law enforcement officers directing funerals granted immunity from liability 1319 Georgia Bureau of Investigation; Peace Officers' Annuity and Benefit Fund; membership 540 Georgia Bureau of Investigation; state medical examiner; Medical Examiner Advisory Commission 1735 Georgia Crime Information Center; dissemination of records 1831 Page CXI Georgia Mutual Aid Act; institutions within the University System of Georgia 1959 Highway safety rest areas; jurisdiction of Uniform Division of Department of Public Safety 1329 Indemnification of law enforcement officers; private employment 488 Narcotics agents; membership in Peace Officers' Annuity and Benefit Fund 540 Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980 Sheriffs; jails; release of prisoners 1443 Sheriffs; license plates; use on law enforcement vehicle or sheriff's vehicle 159 Sheriff's sales; date 1731 State employees; drug testing 2028 State medical examiner 1735 LAWRENCEVILLE, CITY OF Corporate limits; mayor; councilmembers; terms 5114 LEE COUNTY Board of elections; creation 4611 Sheriff; deputies 4187 LEGISLATIVE COUNSEL Publication of Georgia Laws 782 LEGISLATIVE SERVICES COMMITTEE Meetings; approval of invoices 366 LEMON LAW Motor Vehicle Warranty Rights Act; enacted 1013 LEVIES Levies on land; delivery of notice 298 LIBERTY COUNTY Conveyance of state property to adjoining property owners 217 Enhanced 911 emergency telephone service; referendum 4045 LICENSED PRACTICAL NURSES Licensure; reciprocity with other states 891 LILBURN, CITY OF Corporate limits 5040 Homestead exemption; referendum 4469 Page CXII LIQUEFIED PETROLEUM GAS Fee; one-time fee for licensees and permittees for sale or storage 647 Storage facilities 1434 LOCAL GOVERNMENT Annexation of territory by municipalities 1396 Boards of education; vacancies; procedure for filling 1261 Bonds; expenditure of funds for other than stated purpose 1441 Bonds; Georgia Allocation System amended 817 City business improvement districts; funding supplemental services 1348 Code revision 8 Counties; ad valorem taxes; millage rate reports 889 Counties; billiard rooms 1916 Counties; training seminar for county clerks 1689 County children and youth commissions; expenditure of county taxes 793 County courthouses; demolition; referendum 133 County property; sale or grant to the state 877 Development Authorities Law; disposition of property of dissolved development authorities 383 Downtown development authorities; qualifications of directors 570 Eminent domain; sanitary sewers 731 Ethics in Government Act; governmental agencies prohibited from making campaign contributions 368 Excise tax on rooms, lodging, and accommodations 1134 Fire departments; minimum standards for organization 354 Georgia Allocation System; amended 817 Georgia County Leadership Act; enacted 1642 Georgia Development Impact Fee Act; enacted 692 Georgia Municipal Training Act; enacted 1642 Georgia Mutual Aid Act; public safety director or chief of police of any institution within the University System of Georgia authorized to aid or request aid from local law enforcement agencies 1959 Indictment of local officials 1969 Multiyear installment purchase contracts 254 Municipal corporations; ordinances; contracts; municipalities of 400,000 or more 286 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Municipal jails; dispatchers; jailers 1371 Municipal property; sale or grant to the state 877 Municipalities; annexation 1396 Municipalities; effective date of laws granting compensation increase to municipal officers and employees 1397 Municipalities; municipal election dates 1399 Real estate brokers; occupational tax 644 Special elections; uniform dates Vetoed HB 1628 The Georgia Municipal Courts Training Council Act; enacted 882 Transportation of garbage and other waste across county lines 1345 Page CXIII Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Violation of county ordinances; penalties 1345 LOCUST GROVE, CITY OF Municipal court; judges; jurisdiction; powers 4451 LOGANVILLE, CITY OF City manager; powers; terms 4657 LOWNDES COUNTY Board of education; compensation; Act repealed 3504 Board of education; members; Act repealed 3529 LUMBER Dimension lumber; grading 338 Standing timber; taxation 1869 , 1901 Standing timber; taxation 2437 LUMPKIN, CITY OF Corporate limits 4606 LUTHER S. COLBERT MEMORIAL BRIDGE Designated 933 LUTHER V. LAND BRIDGE Designated 212 M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Civil penalties 3717 Employees pension plan; benefits; custodian 3724 MACON, CITY OF Fire and Police Employees Retirement Plan 5437 Leasing of property; Georgia State Fair, Inc. 5265 Macon-Bibb County Water and Sewerage Authority; employees pension plan; benefits; custodian 3724 Macon-Bibb County Water and Sewerage Authority Act; civil penalties 3717 Middle Georgia Surface and Air Transportation Commission; creation 5170 Page CXIV MADISON, CITY OF City manager, mayor and council; powers; compensation; municipal court; road duty 5132 MAGISTRATE COURTS Discipline of magistrates 336 Marriage ceremonies; retired magistrates authorized to perform 297 Postjudgment interrogatories 886 MANCHESTER, CITY OF Board of commissioners; municipal ordinances; fines; city jail 4982 Municipal officers; elections; terms 4980 MAPS AND PLATS Boundaries; coordinate system; expression of distance in either meters or feet 168 Recording 1505 State property; recording 662 MARIETTA, CITY OF Ad valorem tax; public schools; referendum 4390 Cobb County-Marietta Water Authority; members; terms of office 3780 Corporate limits 4121 Corporate limits; deannexation 4660 Downtown Marietta Development Authority; district 5033 Downtown Marietta Development Authority; members; appointment and election; district 3921 Mayor pro tempore; compensation; probation office; board of lights and works 5492 MARINE TOILETS Requirements for certain lakes 1218 , 317 Water quality standards for lakes 1207 MARRIAGE Retired magistrates authorized to perform marriage ceremonies 297 MARRIAGE AND FAMILY THERAPISTS Taxation 1324 MCDONOUGH, CITY OF Municipal court; sentencing; penalties 4130 Page CXV MCDUFFIE COUNTY Board of elections and registration; creation; powers; duties; compensation 4410 Easement across state property 209 County and school homestead exemption; referendum 4025 MCINTOSH COUNTY School superintendent; appointment; referendum 4781 MCINTYRE, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 MCRAE, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 MEDICAL ASSISTANCE, DEPARTMENT OF Drugs; sole supplier; drug application fee 1808 Interest on orders and judgments 161 Rules 1274 MEDICAL CONSENT Intraductal injections 1400 MEDICAL EXAMINER ADVISORY COMMISSION Creation 1735 MEDICAL EXAMINERS Expense of embalming 1968 MEDICAL MALPRACTICE Governor's Commission on Obstetrics; created 573 MEDICARE SUPPLEMENT INSURANCE Minimum policy standards 814 MELISSA D. WALKER Compensation 969 MENTAL HEALTH Emotionally disturbed children; delivery of social services 1798 Page CXVI Liability insurance; nonprofit agencies providing services to the mentally retarded 1836 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 MERIT SYSTEM Applicants; drug testing 2046 Interdepartmental transfers; working test periods 732 Sick leave 1341 MERIWETHER COUNTY Tax commissioner; salary 4929 METROPOLITAN ATLANTA OLYMPIC GAMES AUTHORITY Terms; members; meetings 5239 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Easement across state property in Fulton County 399 Purchases; taxes 3860 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Extend existence 956 MIDDLE GEORGIA SURFACE AND AND AIR TRANSPORTATION COMMISSION Creation 5170 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Disabled veterans license plates 1476 Emergency management, rescue, or medical service personnel; workers' compensation 1501 Former Prisoners of War Recognition Day 1061 Homestead exemption for disabled veterans 1858 Landlord and tenant; military personnel 1829 Pearl Harbor survivors; motor vehicle license plates 797 Purple Heart; motor vehicle license plates 1316 Rescue specialists; indemnification 2432 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Veterans Service Board; location of meetings 371 Page CXVII MILLEDGEVILLE, CITY OF Development Authority of the City of Milledgeville and Baldwin County; conveyance of state property 394 Middle Georgia Surface and Air Transportation Commission; creation 5170 MINORS Child labor; certain employment of minors authorized; lawn care 1501 Georgia Gift to Minors Act; repealed 667 Georgia Transfers to Minors Act; enacted 667 Passengers in open beds on pickup trucks on interstate highways 588 MITCHELL COUNTY Conveyance of state property 941 Magistrate court; law library fees 4988 State court; judge; solicitor; compensation 5149 MOBILE HOMES Ad valorem taxation; transporting without tax decal prohibited 780 MONROE, CITY OF Mayor; councilmembers; election; terms 4163 MONROE COUNTY Board of commissioners; salary; referendum 4547 Middle Georgia Surface and Air Transportation Commission; creation 5170 MONTGOMERY COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 MONTICELLO, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 MORGAN, CITY OF Annexation of state property into corporate limits 407 MORGAN COUNTY Board of commissioners; compensation and expenses 4117 Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Tax commissioner; salary 4004 Page CXVIII MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS Funding of real estate loans 1653 MOTOR CARRIERS Authority of Public Service Commission to stop and inspect motor common carriers, motor contract carriers, and private carriers 2022 Automobile carriers; length 255 Georgia Forest Products Trucking Rules; adoption 709 MOTOR VEHICLE LEMON LAW Dealer repair or replacement of defective motor vehicles; arbitration 1013 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Habitual violators; financial responsibility 649 MOTOR VEHICLE WARRANTY RIGHTS ACT Defective motor vehicles; repair or replacement by dealers; arbitration 1013 MOTOR VEHICLES AND TRAFFIC Accident reporting 591 Automobile carriers; length 255 Certificates of title 1657 Code revision 8 Counterfeit or false proof of insurance documents; manufacture, sale, distribution, or possession; penalties 1440 Criminal trespass by motor vehicle; identification of parking areas 881 Damage to new vehicle; disclosure 1657 Driver improvement programs 194 Drivers' licenses; cancellation, suspension, and revocation; courts; fees; identification cards for persons without drivers' licenses 1913 Drivers' licenses; delay of issuance of driver's license to person under 16 years of age for drug offense or driving under the influence 1148 Drivers' licenses; driving under the influence; habitual violators 1154 Drivers' licenses; DUI alcohol or drug use risk reduction programs; attendance by persons 16 years of age 1097 Drivers' licenses; instructional permits 1241 Drivers' licenses; issuance; suspension; reinstatement; blood and urine tests; insurance 2048 Drivers' licenses; reimbursement for commercial driver's license fees paid by public employees 131 Drivers' licenses; suspension or revocation of licenses upon conviction of possession of a controlled substance or marijuana 1149 Drivers' licenses; visual impairments Vetoed SB 448 Driving under the influence; marijuana or controlled substances; penalties 2048 Driving under the influence of alcohol or drugs; drivers' licenses 1154 DUI alcohol or drug use risk reduction programs 1154 Page CXIX Failure to report accidents; penalties 591 Fleeing or attempting to elude a police officer; speeding or leaving the state 585 Funerals; law enforcement officers; immunity from liability 1319 Georgia Forest Products Trucking Rules; adoption and promulgation 709 Georgia Motor Vehicle Franchise Practices Act; amended 1004 Habitual violators; driving under the influence 1154 Habitual violators; financial responsibility 649 Insurance; assigned risk plans 738 Insurance; notice of cancellation 1236 Insurance; reduction in premiums; driver improvement clinics 194 Lemon law; dealer repair or replacement of defective motor vehicles; arbitration 1013 Length restrictions; automobile carriers 255 License fees and plates 1883 License plates; disabled veterans license plates 1476 License plates for veterans who have been awarded the Purple Heart 1316 License plates; Justices of the Supreme Court and Judges of the Court of Appeals 1902 License plates; Pearl Harbor survivors 797 License plates; quarterly installment purchase authorized where fee exceeds $40.00 159 License plates; sheriffs; use on law enforcement vehicle or sheriff's vehicle 159 Motor Vehicle Warranty Rights Act; repair or replacement of defective motor vehicle by dealer; arbitration 1013 Motorized carts; licensing and registration 1241 Pickup trucks; passengers in open beds on interstate highways 588 Public officers and employees; reimbursement of commercial driver's license fees to 131 Registration and licensing of vehicles 2048 Registration and licensing of vehicles 1883 Registration and licensing of vehicles; sale of license plates prohibited; use of expired prestige license plates authorized 1657 Revision of Chapters 1, 2, 3, 5, and 6 of Title 40 2048 Safety belts; passenger vehicle defined 588 Towing of vehicle from private property 1657 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Uniform Rules of the Road; accidents on private property; insurance 2048 Used Car Dealers' Registration Act; membership and termination date of State Board of Registration of Used Car Dealers 2423 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 MOULTRIE, CITY OF Corporate limits; mayor; councilmembers; elections; terms; utilities 4863 MOUNT VERNON, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 Page CXX MUNICIPAL CORPORATIONS Annexation 1396 Billiard rooms; taxation, licensing, and regulation 1916 Bonds; expenditure of funds for other than stated purpose 1441 Bonds; Georgia Allocation System 817 Chief deputy registrars who are elected public officers authorized to qualify for reelection 1238 City business improvement districts; funding supplemental services 1348 Compensation increases for officers and employees; effective date of laws 1397 Detention facilities; safety and security; dispatchers; jailers 1371 Development impact fees; authorized 692 Downtown development authorities; qualifications of directors 570 Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 Elections; dates 1399 Elections; registration; absentee ballots; voter lists used for commercial purposes 143 Electionssee also Elections Eminent domain; sanitary sewage systems 731 Ethics in Government Act; governmental agencies, departments, and political subdivisions prohibited from making campaign contributions 368 Georgia Municipal Training Act; enacted 1642 Indictment of municipal officers 1969 Land bank authorities; composition; powers and duties 1875 Local excise taxes on rooms, lodgings, and accommodations; expenditures; rates 1134 Multiyear installment purchase contracts 254 Municipal courts; jurisdiction of state offenses 2440 Municipal courts; training of judges 882 Occupational taxes; authority to tax real estate brokers 644 Occupational taxes; marriage and family therapists 1324 Officers and employees; compensation increases; effective date 1397 Ordinances; contracts; municipalities of 400,000 or more 286 Property; sale or grant to the state 877 Special elections; dates Vetoed HB 1628 Special primaries and elections; dates 243 Standard Fire Prevention Code (SBCCI); state-wide application 1364 Traffic courts in municipalities of 300,000 or more; penalties; victims and witnesses assistance programs 220 Traffic courts in municipalities of 300,000 or more; city jail fund; additional penalties 172 Training of elected officials 1642 MUNICIPAL COURTS Jurisdiction of state offenses 2440 The Georgia Municipal Courts Training Council Act; enacted 882 MURRAY COUNTY Board of commissioners; creation; members; elections; districts; referendum 3845 Board of education; powers; duties; elections; terms; referendum 3668 Page CXXI N NASHVILLE, CITY OF Mayor; councilmen; elections; terms 4430 NATURAL RESOURCES, DEPARTMENT OF Gasoline service stations; rules 661 Georgia Radiation Control Act; powers and duties 711 Georgia State Games Commission 1146 Minimum standards; ratification 406 See also Conservation and Natural Resources; Game and Fish; and Waters of the State, Ports, and Watercraft NEWSPAPERS Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 NEWTON COUNTY Board of commissioners; salary; expense allowances 4070 NONPROFIT AGENCIES Liability insurance; coverage provided for nonprofit agencies providing services for the mentally retarded 1836 NONPUBLIC POSTSECONDARY EDUCATION COMMISSION Created 1166 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Enacted 1166 NORCROSS, CITY OF Homestead exemption; referendum 3941 New charter; governing authority; powers; duties; compensation 4934 NORMAN PARK, CITY OF Mayor; councilmen; election; terms 4011 NORTH GEORGIA COLLEGE Military scholarships; selection 1903 Page CXXII NORTHEAST GEORGIA SURFACE AND AIR TRANSPORTATION COMMISSION Members 5151 NORWOOD, CITY OF New charter; governing authority; powers; duties; compensation 3807 NUISANCES Dwellings, buildings, and structures unfit for habitation; place of hearing 1347 NURSES Education; assistance; hospital authorities 310 Georgia Registered Professional Nurse Practice Act; amended 747 NURSING HOMES Continuing care providers; regulation by the Insurance Department 1817 O OAK RIDGE WATER AND SEWERAGE AUTHORITY Act repealed 4018 OCCUPATIONAL LICENSES Suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 See also Professions and Businesses and Revenue and Taxation OCMULGEE JUDICIAL CIRCUIT Additional judge Vetoed SB 548 Additional judge 497 Superior court; judges; supplement 5253 OCONEE COUNTY Superior court; judges; salary supplement 3501 OFFICE OF FAIR EMPLOYMENT PRACTICES Fair housing and discriminatory practices relating to housing transactions 1284 OPTICIANS State Board of Dispensing Opticians; termination date 284 Page CXXIII ORCHARD HILL, TOWN OF Mayor; councilmembers; elections; terms; vacancies 3918 P PAROLE Consideration of parole; notice to victim; opportunity for statement 1001 PAULDING COUNTY Paulding County Water Authority; Act repealed; successor in interest 4013 West Georgia Regional Water Authority; members; quorums 4729 PAULDING COUNTY WATER AUTHORITY Abolition 4013 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Benefits in the event of death of a spouse under an option 346 Eligibility for disability benefits; retirement benefit options 482 Membership of certain employees of Department of Human Resources and Georgia Bureau of Investigation 540 PEACH COUNTY Board of commissioners; redevelopment powers; referendum 4589 Board of education; election; terms; referendum 4155 Middle Georgia Surface and Air Transportation Commission; creation 5170 PEACHTREE CITY Mayor, councilmen; election; terms 3891 PEARL HARBOR SURVIVORS Motor vehicle license plates 797 PELHAM DEVELOPMENT CORPORATION Lease of state property 939 PENAL INSTITUTIONS Code revision 8 Construction and regulation; architectural and engineering services; sanitation and health requirements 135 Jails; release of prisoners prior to completion of sentence 1443 Juveniles; custody by Department of Corrections 1930 Municipal detention facilities; safety and security; dispatchers; jailers 1371 Page CXXIV Municipalities of 300,000 or more; city jail fund 172 Parole; consideration; notice to victim; opportunity for statement 1001 Probation; court ordered fines, costs, or restitution; use of civil remedies to collect 1331 Probation; fines as condition; amount 1408 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 Sexual assault against persons in custody 1003 Transmittal of information on convicted persons 565 PERPETUITIES Uniform Statutory Rule Against Perpetuities; enacted 1837 PERRY AREA CONVENTION AND VISITORS BUREAU AUTHORITY Creation 3542 PERRY, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 Perry Area Convention and Visitors Bureau Authority; creation; members; terms; compensation 3542 PESTICIDES Pesticide contractors; licenses; crop dusters; agricultural applications 1253 Pesticide residue in food 318 PETROLEUM Diesel fuel; aboveground storage tanks Vetoed SB 716 Liquified petroleum gas; licensees or permittees; fees 647 Liquified petroleum gas; storage facilities 1434 PHARMACISTS Workers' compensation; out-of-state mail order pharmacies 1087 PHYSICIANS, PHYSICIAN'S ASSISTANTS, AND RESPIRATORY CARE Continuing education for licensees 689 Disclosures to patients; intraductal injections 1400 Hospital staff privileges; reports of disciplinary actions 561 Sterilization procedures; consent of spouse 325 PICKUP TRUCKS Passengers in open beds on interstate highways 588 Page CXXV PIERCE COUNTY State court; judge; solicitor; salary 3729 PIKE COUNTY Board of commissioners; expense allowance 4345 Griffin Judicial Circuit; superior court; judges; county supplement 4459 PISTOLS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; exemptions; United States Attorneys 558 PLANNING Minimum standards; ratification 945 PLANTATION PARKWAY Designated 974 PLANTATION PIPELINE COMPANY Easement across state property 170 POLK COUNTY Tax commissioner; salary 4030 West Georgia Regional Water Authority; members; quorums 4729 POOLER, CITY OF Corporate limits 4392 , 4911 Homestead exemption; referendum 4202 Mayor; aldermen; election; terms 4322 POST-MORTEM EXAMINATIONS Expense of embalming 1968 Georgia Coroner's Training Council; quorum 1967 Georgia Coroner's Training Council; terms of office 333 Georgia Death Investigation Act; enacted 1735 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Repealed 1166 Page CXXVI POWER OF ATTORNEY Durable Power of Attorney for Health Care Act; enacted 1101 PRINTING Fine art 164 PRISONS See Penal Institutions PROBATE COURTS Annual returns of fiduciaries administering estates 294 Chief clerk; duties during vacancy in the office of judge 568 Guardian and ward; probate court authorized to approve structured settlements 642 Jury trials; contempt 1421 Training of judges; retirement 312 PROBATION Court ordered fines, costs, or restitutions; use of civil remedies to collect 1331 Fines as condition to probation; amount 1408 Probation of first offenders; altering, expunging, or destroying criminal records; release or disclosure of records 735 PROFESSIONAL COUNSELORS Reciprocity; licensure; social workers 1484 PROFESSIONAL ENGINEERS Workers' compensation; exemption from third-party actions 1164 PROFESSIONS AND BUSINESSES Architects; examinations 560 Auctioneers; Georgia Auctioneers Commission; terms; reports; termination date 576 Billiard rooms; operation; taxation; licensing; regulation 1916 Bingo; licensing 1944 Code revision 8 Composite State Board of Medical Examiners; composition 1903 Drugs; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Funeral directors, embalmers, and operators of funeral establishments; general provisions; State Board of Funeral Service; licenses; operation of funeral establishments 1372 Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists; termination date 1445 Page CXXVII Georgia Hearing Aid Dealers and Dispensers Act; State Board of Hearing Aid Dealers and Dispensers; termination date 1857 Georgia Registered Professional Nurse Practice Act; amended 747 Licensed Practical Nurses; licensure; reciprocity with other states 891 Licenses; suspension or revocation of state licenses for offenses involving controlled substances or marijuana 2009 Marriage and family therapists; taxation 1324 Medicare supplement insurance; minimum policy standards 814 Nurses; education; assistance 310 Nurses; Georgia Registered Professional Nurse Practice Act 747 Pharmacists; workers' compensation; out-of-state mail order pharmacies 1087 Physicians; Governor's Commission on Obstetrics; creation 573 Physicians; hospital staff privileges 561 Physicians; intraductal injections 1400 Physicians, physician's assistants, and respiratory care; continuing education for licensees 689 Professional counselors; reciprocity; licensure; social workers 1484 Real Estate Appraiser Licensing and Certification Act; enacted 1701 Real estate brokers; occupational tax 644 Real estate brokers and salespersons; Georgia Real Estate Commission; cease and desist orders 650 Real estate brokers and salespersons; sanctions for discriminatory practices 650 Real estate brokers and salespersons; violations; payment of commission to unlicensed persons 650 State Board of Dispensing Opticians; termination date 284 State Board of Recreation Examiners; termination date 282 State Board of Registration for Professional Engineers and Land Surveyors; membership; registration of land surveying firms, corporations, and other entities; seals 1491 State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers; termination date 761 State Board of Registration of Used Car Dealers; membership 1903 State examining boards; confidentiality of examination questions; subpoena powers; cease and desist orders 1965 Used car dealers; defined 1032 Used Car Dealers' Registration Act; membership and termination date of State Board of Registration of Used Car Dealers 2423 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 PROPERTY Boundaries; coordinate system; expression of distance in either meters or feet 168 Code revision 8 Condominiums; Georgia Condominium Act 227 Coordinates; expression of distances authorized in either meters or feet 168 Covenants running with the land; extension 384 Criminal trespass by motor vehicle; identification of parking areas 881 Disposition of Unclaimed Property Act; revision 1506 Fair housing 1284 , 650 Page CXXVIII Gambling; forfeiture of property 587 Georgia Gift to Minors Act; repealed 667 Georgia Land Sales Act; enacted 606 Georgia Real Estate Commission; regulation of sales of subdivided land 606 Georgia Transfers to Minors Act; enacted 667 Landlord and tenant; dwellings unfit for habitation; hearings 1347 Landlord and tenant; military personnel 1829 Landlord and tenant; smoke detectors 1500 Landmark historic property; ad valorem taxation 1122 Levies on land; delivery of notice 298 Minors; Georgia Gift to Minors Act; repealed 667 Minors; Georgia Transfers to Minors Act; enacted 667 Mortgages, conveyances to secure debt, and liens; funding of loan proceeds and disbursement of funds held in escrow; unfair and deceptive practices 1653 Property covered by mortgage or bill of sale to secure debt; public utilities 256 Real estate appraisers; regulation and licensing 1701 Real estate brokers and salespersons; sanctions for discriminatory practices 650 Recordation of maps and plats; subdivision plats; transfer, sale, and offering for sale of land 1505 Rule against perpetuities; Uniform Statutory Rule Against Perpetuities; enacted 1837 Smoke detectors required in certain buildings 1500 State property; recordation of acquisition and disposition instruments and plats 662 Subdivided land; sales 606 Time-shares; Georgia Time-share Act 227 Uniform Management of Institutional Funds Act; expenditure of certain net appreciation of endowment fund assets authorized; standard of care for governing board 1471 Uniform Statutory Rule Against Perpetuities; enacted 1837 PROSECUTING ATTORNEY Defined 1235 See also District Attorneys PUBLIC OFFICERS AND EMPLOYEES Applicants for state employment; drug testing 2046 Code revision 8 Coroners; expense of embalming 1968 Coroners; Georgia Death Investigation Act; enacted 1735 Coroners; training 1967 , 333 Drug-free Public Work Force Act of 1990; enacted 2004 Drug testing of certain state employees 2028 Emergency medical technicians; indemnification 646 Employee benefit plan council; schoolteachers and public school employees; participation 1247 Expenses; reimbursement for commercial drivers' license fees paid by public employees 131 Page CXXIX Firemen; indemnification 646 Georgia Agricultural Exposition Authority; members' compensation 6 Georgia Coroner's Training Council; quorum 1967 Georgia Coroner's Training Council; terms of office 333 Health insurance; schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924 Indictment of county and municipal officers 1969 Insurance for certain persons authorized by nonprofit agencies to operate vehicles 915 Interdepartmental transfers; working test periods 732 Joint Board of Family Practice; expense allowance and travel cost reimbursement 1320 Law enforcement officers; indemnification; private employment 488 Liability insurance; coverage extended to nonprofit agencies providing services to the mentally retarded 1836 Local boards of education; vacancies 1261 Medical examiner; expense of embalming 1968 Medical Examiner Advisory Commission 1735 Municipal officers and employees; compensation increases; effective date 1397 Public officials; holding office after felony conviction involving moral turpitude 2443 Recall; legal sufficiency of petitions; judicial review 1939 Rescue specialists; indemnification 2432 Retirement and pensions; drug related crimes; forfeiture of rights and benefits 2019 Secretary of State; membership on authorities 872 Secretary of State; publication of Georgia Laws; distribution of House and Senate journals 782 State employees; health care or dependent care spending accounts; deductions 567 State medical examiner 1735 State Merit System of Personnel Administration; drug testing of applicants 2046 State Merit System of Personnel Administration; interdepartmental transfers; working test periods 732 State Merit System of Personnel Administration; sick leave 1341 Suggestions; awards to employees 1251 PUBLIC RECORDS Georgia Crime Information Center 1831 Inspection; computer programs and software 341 PUBLIC RETIREMENT SYSTEMS Drugs; forfeiture of rights and benefits upon conviction of drug related crime 2019 See also Retirement and Pensions PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Definitions; actuarial investigations 767 Page CXXX PUBLIC SCHOOLS See Education PUBLIC SERVICE COMMISSION See Public Utilities and Public Transportation PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Blasting and excavating near gas pipes and underground facilities 805 Code revision 8 Electric membership corporations; after-acquired property; encumbrance 256 Emergency Telephone System Fund; establishment by local governments with 911 systems 179 Facsimile messages; unsolicited commercial messages prohibited 252 Georgia Emergency Telephone Number 911 Service Act of 1977; local governments; monthly fees; indemnification; ultimate responsibility to service suppliers 179 Georgia Forest Products Trucking Rules; adoption and promulgation by the Public Service Commission 709 Georgia Rail Passenger Authority; composition 1903 Liquefied petroleum gas; storage facilities 1434 Public Service Commission; authority to stop and inspect motor common carriers, motor contract carriers, and private carriers 2022 Public Service Commission; jurisdiction; enforcement of prohibition of unsolicited commercial facsimile messages 252 Public Service Commission; rapid rail passenger service lines 856 Tax executions by local tax officials; exceptions; inspection of records 1337 Telephone service; county-wide local calling 1672 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 PULASKI COUNTY Board of education; members; nonpartisan elections; referendum 4415 Middle Georgia Surface and Air Transportation Commission; creation 5170 Sheriff; deputies; office expenses 4421 PURPLE HEART Motor vehicle license plates 1316 PUTNAM COUNTY Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Q QUALITY BASIC EDUCATION ACT See Education Page CXXXI R RADIATION Georgia Radiation Control Act; amended 711 RADIO Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 RAILROADS Tax executions; exceptions 1337 RAPID RAIL PASSENGER SERVICE LINES Public Service Commission 856 RAY CITY, CITY OF Mayor; councilmen; elections; terms 4040 REAL ESTATE See Buildings and Housing and Property REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT Enacted 1701 REAL ESTATE BROKERS Occupational tax 644 REAL ESTATE BROKERS AND SALESPERSONS Sanctions for discriminatory practices 650 RECALL ACT OF 1989 Legal sufficiency of petition; judicial review 1939 RECORDS Georgia Crime Information Center 1831 Inspection; computer programs and software 341 RECREATION EXAMINERS State Board of Recreation Examiners; termination date 282 Page CXXXII REEVES, J. R. Bridge designated 212 REGENTS RETIREMENT PLAN ACT Board of Regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 REGIONAL DEVELOPMENT CENTERS Supplemental funding formula; ratification 206 REGIONAL SOLID WASTE MANAGEMENT AUTHORITIES ACT Enacted 412 REIDSVILLE, CITY OF Mayor; terms of office; referendum 4918 RETIREMENT AND PENSIONS Appellate court judges; mandatory retirement age Vetoed HB 1633 Benefits; increase to offset taxation of benefits authorized 879 Crimes; persons causing death of member disqualified from receiving benefit or refund of contributions 690 District attorneys emeritus; minimum state salary 511 District Attorneys' Retirement Act; membership; benefits 865 District Attorneys Retirement Fund of Georgia; district attorneys emeritus; practice of law 222 District Attorneys' Retirement System; transfer of membership to Employees' Retirement System of Georgia 523 Drug related crime; forfeiture of rights and benefits upon conviction 2019 Employees' Retirement System of Georgia; appellate court judges; mandatory retirement age Vetoed HB 1633 Employees' Retirement System of Georgia; creditable service for certain military service authorized 521 Employees' Retirement System of Georgia; creditable service for certain teaching service 508 Employees' Retirement System of Georgia; creditable service for employees of certain county departments of family and children services 993 Employees' Retirement System of Georgia; creditable service for forfeited annual and sick leave 539 Employees' Retirement System of Georgia; creditable service for military service; World War II 1225 Employees' Retirement System of Georgia; employees of Georgia Federal-State Shipping Point Inspection Service; creditable service 556 Employees' Retirement System of Georgia; group term life insurance coverage for members and former members of the General Assembly authorized 1263 Page CXXXIII Employees' Retirement System of Georgia; membership; employee contributions; judicial employees 514 Employees' Retirement System of Georgia; membership of employees of the Georgia Public Telecommunications Commission 594 Employees' Retirement System of Georgia; membership; judicial employees 356 Employees' Retirement System of Georgia; membership of officers and employees of the Georgia Hazardous Waste Management Authority 527 Employees' Retirement System of Georgia; restoration to service of disability beneficiary 525 Employees' Retirement System of Georgia; retirement allowances revised; contributions 532 Employees' Retirement System of Georgia; survivors benefits and group term life insurance for members, former members, or retired members 1263 Employees' Retirement System of Georgia; tax commissioners, tax collectors, tax receivers, and employees; eligibility for membership 527 Employees' Retirement System of Georgia; transfer of membership from District Attorneys' Retirement System 523 Garnishment; pension or retirement benefits 360 General provisions; persons causing death of members disqualified from receiving benefit or refund of contributions 690 Georgia Firemen's Pension Fund; benefits 554 Georgia Legislative Retirement System; creditable service for past service as member of the General Assembly 534 Georgia Legislative Retirement System; retirement allowance 510 Georgia Municipal Employees Benefit System; name change; investments 190 Georgia Public Telecommunications Commission; membership of employees in Employees' Retirement System of Georgia and Teachers Retirement System of Georgia 594 Joint Municipal Employees Benefit System; name change; investment of funds 190 Judges of the Probate Courts Retirement Fund of Georgia; creditable service 312 Judges of the Probate Courts Retirement Fund of Georgia; secretary-treasurer; dues and benefits 543 Peace Officers' Annuity and Benefit Fund; benefits in the event of death of a spouse under an option 346 Peace Officers' Annuity and Benefit Fund; membership of certain employees of Department of Human Resources and Georgia Bureau of Investigation 540 Peace Officers' Annuity and Benefit Fund; retirement benefit options; disability benefits 482 Public Retirement Systems Standards Law; definitions; actuarial investigations 767 Regents Retirement Plan Act; Board of Regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 Sheriffs' Retirement Fund of Georgia; benefits 553 Sheriffs' Retirement Fund of Georgia; membership; prior service; dues 315 Superior Court Clerks' Retirement Fund of Georgia; benefits 1270 Superior Court Judges Retirement System; creditable service as a state court judge 516 Page CXXXIV Superior Court Judges Retirement System; mandatory retirement age Vetoed HB 1632 Superior Court Judges Retirement System; mandatory retirement age 309 Superior Court Judges Retirement System; membership 550 Superior Court Judges Retirement System; transfer of membership to the District Attorneys' Retirement System 865 Taxation of benefits; increase in benefits to offset taxation authorized 879 Teachers Retirement System of Georgia; certain employees of the University System of Georgia authorized to decline or withdraw membership 1811 Teachers Retirement System of Georgia; creditable service 685 Teachers Retirement System of Georgia; creditable service; pregnancy 1796 Teachers Retirement System of Georgia; creditable service for visiting scholar at a public college or university 506 Teachers Retirement System of Georgia; income taxes; contributions to the system 1369 Teachers Retirement System of Georgia; membership of employees of the Georgia Public Telecommunications Commission 594 Teachers Retirement System of Georgia; reestablishment of creditable service 529 Teachers Retirement System of Georgia; tax treatment of employee contributions; mandatory retirement age; title of executive secretary-treasurer changed to executive director 536 Teachers Retirement System of Georgia; transfer of membership from local retirement fund; refunds; creditable service; school systems of counties of 550,000 or more 518 Trial Judges and Solicitors Retirement Fund; employer and employee contributions; benefits 546 Trial Judges and Solicitors Retirement Fund; mandatory retirement age Vetoed HB 1635 Trial Judges and Solicitors Retirement Fund; membership 550 REVENUE AND TAXATION Ad Valorem Assessment Review Commission; membership 291 Ad valorem taxes; alternative date for interest on taxes due 289 Ad valorem taxes; conservation use property; agricultural and timber land; standing timber; bona fide residential transitional property 2437 Ad valorem taxes; counties; reports showing millage rate and assessed value required 889 Ad valorem taxes; county board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 Ad valorem taxes; county boards of equalization; taxpayer's appeals 1361 Ad valorem taxes; disabled veterans; homestead exemption 1858 Ad valorem taxes; landmark historic property 1122 Ad valorem taxes; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Ad valorem taxes; standing timber 1869 , 1901 Ad valorem taxes; standing timber 2437 Agriculture; preferential assessment of tangible real property devoted to agricultural purposes; filing date changed 292 Code revision 8 Page CXXXV Conservation use property; assessment and taxation; proposed constitutional amendment 2437 Controlled substances; taxation 1231 County board of tax assessors; expenses of discovering unreturned properties; assistance by boards of education 1830 County boards of equalization; taxpayer's appeals 1361 County taxes; county children and youth commissions; purpose of taxation 793 Definition of Internal Revenue Code 1350 Drugs; jeopardy assessment of taxes in cases involving possession, sale, or distribution of illegal drugs 2041 Executions; public utilities; exceptions; inspection of records 1337 Executions; records 1324 Foreign governments; motor fuel taxes 799 Homestead exemption for disabled veterans 1858 Income taxes; Internal Revenue Code; definition 1350 Income taxes; taxable net income; contributions to Teachers Retirement System of Georgia 1369 Intangible taxes; exemption for stock held in certain foreign corporations 1353 Intangible taxes; rates; referendum 1843 Judicial sales of personal property; location 1875 Land bank authorities; composition; powers and duties 1875 Landmark historic property; taxation 1122 Local excise taxation on rooms, lodgings, and accommodations; expenditures; rates 1134 Marijuana; taxation 1231 Marriage and family therapists; social workers and professional counselors 1324 Mobile homes; transporting without tax decal prohibited 780 Motor fuel tax; bonds; irrevocable letter of credit; reports 799 Motor fuel tax; refunds to foreign governments; waiver of taxes; agreements with other states 799 Motor vehicle license fees and plates 1883 Motor vehicle tax; penalty for failure to pay 2048 Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Real estate brokers; authority of counties and municipalities to levy occupational tax 644 Sales and use tax; political subdivisions 2429 Sales and use tax; special county sales and use tax; records 382 Sales and use tax; tangible personal property sold at retail outside this state for use within this state 1243 Special county sales and use tax; records 382 Specific, business, or occupation taxes; marriage and family therapists 1324 Standing timber; assessment and taxation 1869 , 1901 Standing timber; assessment and taxation 2437 Tax collector or tax commissioner; records; reports 1324 Tax collectors; duty to instruct that checks be made payable to a county tax office 1495 Tax commissioners, tax collectors, and tax receivers; membership in the Employees' Retirement System of Georgia 527 Tax levies and executions; notice 1875 Tax receivers; duties 1324 Taxpayer's appeals; county boards of equalization 1361 Page CXXXVI Timber; ad valorem taxes on standing timber 1869 , 1901 Timber; ad valorem taxes on standing timber 2437 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 REVOLVERS Legal hunting weapons 380 Licenses; persons convicted of drug offenses 2012 Licenses to carry; fees 138 Possession of firearms; exemptions; United States Attorneys 558 RICHARD B. RUSSELL AIRPORT Compensation 946 RICHMOND COUNTY Augusta Judicial Circuit; probation officers; salary supplement 5168 Augusta-Richmond County Commission on Disadvantaged Youth; recreation 658 Civil court; jurisdiction 4109 Oak Ridge Water and Sewerage Authority; Act repealed 4018 Restate purposes of land conveyance to Richmond County Board of Health 977 Richmond County Employees' Pension Fund; surviving spouses 5290 State court; solicitor; salary 4743 RICHMOND COUNTY BOARD OF HEALTH Restate purposes of land conveyance 977 RINCON, TOWN OF Corporate limits 4326 RIVERDALE, CITY OF Corporate limits 5210 Homestead exemption; referendum 5267 ROBERTA, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 ROCKDALE COUNTY Board of commissioners; personnel rules and regulations 5314 Board of commissioners; salary 4518 Board of education; election; referendum 4654 Coroner, salary 4724 Magistrate court; chief magistrate; salary 4520 Probate court; judge; salary 4177 Page CXXXVII Sheriff; salary 4179 State court; judge; salary 4723 Superior court; clerk; salary 4185 Tax commissioner; salary 4183 RULE AGAINST PERPETUITIES Uniform Statutory Rule Against Perpetuities; enacted 1837 S SALES AND USE TAXES Political subdivisions' taxing powers; imposition of local sales and use taxes 2429 Special county sales and use taxes; records 382 Tangible personal property sold at retail outside this state for use within this state 1243 SANDERSVILLE, CITY OF New charter; governing authority; powers; duties; compensation 4823 SANTA CLAUSE, CITY OF Corporate limits 4388 SAVANNAH-CHATHAM COUNTY ANTI-DRUG COMMISSION Creation 4059 SAVANNAH, CITY OF Board of Public Education for the City of Savannah and Chatham County; retirement board 3989 Intergovernmental Council of Chatham County; creation 3928 Mayor; aldermen; districts; vice-mayor; powers Vetoed SB 686 Mayor; terms; referendum 3995 Savannah-Chatham County Anti-Drug Commission; creation 4059 SCHOOL BUSES Transportation to nonschool activities; reimbursement 917 SCOTT, GENERAL ROBERT L. Highway designated 974 SEARCH AND SEIZURE Search warrants; grounds; application of peace officers employed by universities, colleges, and schools 1980 Page CXXXVIII SECRETARY OF STATE Georgia Land Sales Act; Secretary of State relieved of duties and responsibilities 606 Georgia Laws; publication 782 Membership on authorities 872 SECURITIES Brokers or dealers receiving funds 301 Georgia Securities Act of 1973; definitions; additional regulation of certain persons; training of certain salesmen; dollar limitations on certain offerings; stop orders; penalties 1534 Investment advisers 1332 SEED LAKE Marine toilets prohibited 317 SELF-INSURERS GUARANTY TRUST FUND Established 770 SEWAGE Combined sewer overflow systems; permit for operation required 1201 Combined sewer overflows; elimination or treatment of sewage overflow 1216 Eminent domain; sanitary sewage systems 731 Marine toilets; requirements for certain lakes 1218 , 317 Sewage Holding Tank Act; enacted 861 SHERIFFS Date of sheriff's sales 1731 Jails; release of prisoners prior to completion of sentence 1443 License plates; use on law enforcement vehicle or sheriff's vehicle 159 SHERIFFS' RETIREMENT FUND OF GEORGIA Benefits 553 Membership; prior service; dues 315 SHILOH, CITY OF Homestead exemption; referendum 3840 SKY VALLEY, CITY OF Mayor and councilmembers; elections; terms 4762 Page CXXXIX SMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONS Minimum capital; membership; directors 176 SMITH, CHRIS A. Compensation 929 SMOKE DETECTORS Required in certain buildings 1500 SNELLVILLE, CITY OF Corporate limits Vetoed HB 1968 Corporate limits 4251 SOCIAL CIRCLE, CITY OF Homestead exemption; school district taxes; disabled residents; referendum 4159 School district; homestead exemption; referendum 4171 SOCIAL SERVICES Child abuse; central child abuse registry established 1772 Child abuse; reporting 1761 Child abuse records; reports of suspected child abuse 1778 Children; removal of children from home; plan of family reunification required 1765 Children and youth services; children committing certain offenses sentenced to custody of Department of Corrections 1930 Code revision 8 Department of Human Resources; persons who apprehend delinquent and unruly children; membership in Peace Officers' Annuity and Benefit Fund 540 Division of Family and Children Services; supervision of children removed from home; reports 1765 Drugs; Department of Human Resources; negotiation for drugs from sole supplier; drug application fee 1808 Economic Rehabilitation Act of 1975; amended 1436 Emotionally disturbed children; delivery of services 1798 Families and children; delivery of services 1986 Family Preservation and Child Protection Reform Act; enacted 1986 Georgia Medical Assistance Act of 1977; interest on orders and judgments 161 Indigent Care Trust Fund; created 139 Joint Board of Family Practice; expense allowance and travel cost reimbursement 1320 Juvenile Justice Coordinating Council; membership 1871 Social workers; licenses 1484 State Board of Postsecondary Vocational Education; change of references to State Board or Department of Technical and Adult Education 1256 Page CXL Transportation services for elderly and handicapped persons 915 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 SOPERTON, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 SORORITIES Student Organization Responsibility for Drug Abuse Act; enacted 2033 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Fulton County 399 SOUTHERN NATURAL GAS COMPANY Easement across state property 170 SOVEREIGN IMMUNITY Official immunity 2435 SPALDING COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 STANDARD FIRE PREVENTION CODE (SBCCI) State-wide application 1364 STANDING TIMBER Ad valorem taxes 1869 , 1901 Ad valorem taxes 2437 STATE BOARD OF DISPENSING OPTICIANS Termination date 284 STATE BOARD OF EDUCATION Georgia Administrative Procedure Act 794 Minimum course of study in alcohol and drug abuse; duty to prescribe 2043 Teaching certificates; applicants who have not completed a teacher preparation program 1487 See also Education STATE BOARD OF FUNERAL SERVICE Termination date 1372 Page CXLI STATE BOARD OF HEARING AID DEALERS AND DISPENSERS Termination date 1857 STATE BOARD OF PARDONS AND PAROLES Consideration of parole; notice to victim; opportunity for statement 1001 STATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATION State Board or Department of Technical and Adult Education; change of references to 1256 STATE BOARD OF RECREATION EXAMINERS Termination date 282 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Registration of land surveying firms, corporations, and other entities; membership of board; seals 1491 STATE BOARD OF REGISTRATION OF USED CAR DEALERS Membership 1903 Membership; termination 2423 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Membership 1903 State Board of Postsecondary Vocational Education; change of references from 1256 STATE COURTS Judges; exception to residency requirement 349 STATE EMPLOYEES Drug testing of certain state employees 2028 See also Public Officers and Employees STATE EMPLOYEES' HEALTH INSURANCE PLAN Schedule of maximum fees for hospitals, pharmacists, and practitioners of the healing arts 1924 Page CXLII STATE EXAMINING BOARDS Confidentiality of examination questions; subpoena powers; cease and desist orders 1965 See also Professions and Businesses STATE GOVERNMENT Administrative Procedure Act; Department of Medical Assistance; rules 1274 Administrative Procedure Act; Department of Natural Resources; rules 223 Administrative Procedure Act; State Board of Education and Department of Education; applicability 794 Applicants for employment; drug testing 2046 Appropriations; S.F.Y. 1990-91 2338 Appropriations; supplemental for S.F.Y. 1989-90 487 Appropriations; supplemental for S.F.Y. 1989-90 54 Code revision 8 Contracts with the state; Drug-free Workplace Act 1081 Department of Community Affairs; powers, duties, and authority with respect to waste management education 412 Department of Medical Assistance; procedure for adoption, amendment, or repeal of rules 1274 Drivers' licenses; reimbursement for commercial drivers' license fees paid by state employees 131 Drug-free Workplace Act; enacted 1081 Employees; awards for suggestions 1251 Georgia Council for the Arts; membership 1903 Georgia Development Authority; exclusion from programs of persons convicted of illegal drug activity 2026 Georgia 1992 Commission; creation 1732 Georgia State Games Commission; assignment to Department of Natural Resources 1146 Georgia Net Authority; creation 1566 Property; sale or grant of county or municipal property to the state 877 Public records; inspection; computer programs and software 341 Publications; information shown on state publications 1466 Real property; recording acquisition and disposition instruments and plats 662 Regional development centers; supplemental funding formula; ratification 206 Sovereign immunity and official immunity 2435 State Merit System of Personnel Administration; interdepartmental transfers; working test periods 732 State Properties Commission; authority to grant licenses 1489 State propertysee tabular index Resolutions Authorizing Land Conveyances, Leases, and Easements The Reach of Song designated as official state historic drama 157 Vendors; preference for in-state vendors 1466 Veterans' Administration; change of name to United States Department of Veterans Affairs 45 Vidalia Sweet Onion; official state vegetable 1131 Page CXLIII STATE HEALTH PLANNING AGENCY Directed to make studies and reports 970 STATE MEDICAL EXAMINER Office created 1735 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Applicants; drug testing 2046 Interdepartmental transfers; working test period 732 Sick leave 1341 STATE PARKS AND RECREATION AREAS Joint Study Committee on Parks, Recreation, Historic Preservation, and Natural Resources; creation 989 See also Conservation and Natural Resources STATE PROPERTIES COMMISSION Authority to grant licenses 1489 Recordation of acquisition and disposition instruments and plats 662 See also tabular indexResolutions Authorizing Land Conveyances, Leases, and Easements STATE SYMBOLS The Reach of Song designated as official state historic drama 157 Vidalia Sweet Onion; official state vegetable 1131 STATE TRANSPORTATION BOARD Per diem allowance for members 296 See also Highways, Bridges, and Ferries STATE-WIDE CHILD FATALITY REVIEW PANEL Creation; membership, powers, and duties 1785 STEPHENS COUNTY Board of education; school districts; elections 3506 Northeast Georgia Surface and Air Transportation Commission; members 5151 State court; judge; solicitor; salary 3880 STERILIZATION Consent of spouse 325 Page CXLIV STEWART COUNTY Board of elections and registration; creation; members; powers; duties; compensation 3855 Governing authority; sole commissioner; election; terms; compensation; powers; duties 5025 STOCKBRIDGE, CITY OF Municipal court; judges; practices and procedure 4447 STONE MOUNTAIN, CITY OF New charter; governing authority; powers; duties; compensation 4790 STONE MOUNTAIN MEMORIAL ASSOCIATION Membership of Secretary of State 872 STRICKLAND, ERNEST W. Bridge designated 214 STUDENT ORGANIZATION RESPONSIBILITY FOR DRUG ABUSE ACT Enacted 2033 SUBDIVIDED LAND Georgia Land Sales Act; amended 606 SUGAR HILL, CITY OF Corporate limits 4104 , 4298 SUMMERVILLE, CITY OF Easement across state property 170 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Benefits 1270 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Creditable service as a state court judge 516 Mandatory retirement age Vetoed HB 1632 Mandatory retirement age 309 Membership 550 Transfer of membership to the District Attorneys' Retirement System 865 Page CXLV SUPERIOR COURTS Atlanta Judicial Circuit; additional judge 497 Augusta Judicial Circuit; additional judge 471 Augusta Judicial Circuit; probation officers; salary supplement 5168 Clerks; covenants running with the land; recording 384 Clerks; fees 805 Clerks; recording of maps and plats 1505 Cobb Judicial Circuit; assistant district attorneys; chief investigator, salary 4456 Cobb Judicial Circuit; judges; supplement 5263 Council of Superior Court Clerks; creation 162 Coweta Judicial Circuit; additional judge 474 District attorney included in term prosecuting attorney 1235 Divorce; venue; jurisdiction 2430 Dougherty Judicial Circuit; judges; supplements 4587 Eastern Judicial Circuit; district attorney; supplement 4355 Flint Judicial Circuit; additional judge 489 Glynn County; terms 920 Griffin Judicial Circuit; judges; supplement 4459 Ocmulgee Judicial Circuit; additional judge Vetoed SB 548 Ocmulgee Judicial Circuit; additional judge 497 Ocmulgee Judicial Circuit; judges; supplement 5253 Secretaries; salary schedule 1226 Western Judicial Circuit; judges; salary supplement 3501 SUPREME COURT OF GEORGIA Justices; license plates 1902 Justices; mandatory retirement age Vetoed HB 1633 SURVEYORS Registration of land surveying firms, corporations, and entities; seals; State Board of Registration for Professional Engineers and Land Surveyors; membership 1491 T TALLAPOOSA, CITY OF Corporate limits 4767 Mayor; council; meetings; city attorney 4054 TALLULAH FALLS, TOWN OF Mayor and councilmembers; elections; terms; water and sewerage services 4384 TATTNALL COUNTY Board of commissioners; salary 4207 Easement through state property 407 Page CXLVI TATTOOING Tattooing near the eye prohibited 1866 TAXIDERMISTS Licensure 386 TEACHERS RETIREMENT SYSTEM OF GEORGIA Contributions; income taxation 1369 Creditable service 685 Creditable service; pregnancy 1796 Creditable service; reestablishment 529 Creditable service for visiting scholar at a public college or university 506 Employee contributions; tax treatment 536 Executive director; position title changed from executive secretary-treasurer 536 Executive secretary-treasurer; position title changed to executive director 536 Mandatory retirement age; repealed 536 Transfer of membership from local retirement fund; refunds; creditable service; school systems of counties of 550,000 or more 518 University System of Georgia; employees; Regents Retirement System Act 1811 TELEPHONES County-wide local calling 1672 Facsimile messages; unsolicited commercial facsimile messages prohibited 252 Telephone systems for physically impaired; state-wide dual party telephone relay system created 1118 TELEVISION Evidence; qualified privilege for persons engaged in news gathering and dissemination 167 TELFAIR COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 THE COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA Employees; membership in the Employees' Retirement System of Georgia 356 THE GEORGIA MUNICIPAL COURTS TRAINING COUNCIL ACT Enacted 882 THE REACH OF SONG Official state historic drama 157 Page CXLVII THE USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS REGISTRATION ACT State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers termination date 761 THOMASTON, CITY OF Thomaston-Upson County school systems; merger; board of education; members; compensation; duties; referendum 3794 THOMASVILLE, CITY OF New charter; governing authority; powers; duties; compensation 5051 Paving assessments 5417 THOMPSON, CITY OF Easement across state property 209 TIFT COUNTY Board of commissioners; salary 4125 TIMBER Ad valorem taxes 1869 , 1901 Ad valorem taxes 2437 Dimension lumber; grading 338 TIME-SHARES Georgia Time-share Act; amended 227 TABACCO Maximum charges for handling and selling leaf tobacco by warehousemen 137 TOILETS Marine toilets on certain lakes 1218 , 317 Sewage Holding Tank Act; enacted 861 Water-saving toilets and plumbing fixtures 1212 TOOMBS COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 School superintendent; appointment; referendum 4603 Toombs County Development Authority; members; appointment; terms 3640 Page CXLVIII TOOMBS COUNTY DEVELOPMENT AUTHORITY Members; appointment; terms 3640 TOOMSBORO, CITY OF Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 TORTS Donation of canned or perishable food to charitable or nonprofit organizations; immunity from suit 44 Funerals; immunity for law enforcement officers 1319 Sovereign immunity and official immunity 2435 Structured settlements; guardians 642 TRADE SECRETS Georgia Trade Secrets Act of 1990; enacted 1560 TREUTLEN COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Employer and employee contributions; benefits 546 Mandatory retirement age Vetoed HB 1635 Membership 550 TWIGGS COUNTY Homestead exemptions; referendum 3935 Middle Georgia Surface and Air Transportation Commission; creation 5170 TYRONE, TOWN OF Mayor and councilmembers; qualifications; elections 4759 U UNCLAIMED PROPERTY Disposition of Unclaimed Property Act; revision 1506 UNEMPLOYMENT Federal Unemployment Tax Act; resolution urging the federal government to provide adequate funds for employment and unemployment programs 128 See also Labor and Industrial Relations Page CXLIX UNEMPLOYMENT COMPENSATION Fishing 870 UNFAIR AND DECEPTIVE PRACTICES IN CONSUMER TRANSACTIONS Mortgages, conveyances to secure debt, and liens; funding of loans 1653 UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT Expenditure of certain net appreciation of endowment fund assets authorized; standard of care for governing board 1471 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Representation of the petitioner by the district attorney 1832 UNIFORM STATUTORY RULE AGAINST PERPETUITIES Enacted 1837 UNION COUNTY Commissioner; salary 4396 UNITED STATES ATTORNEYS Possession of firearms; exemptions 558 UNITED STATES DECENNIAL CENSUS Effective date; effect on boards, commissions, and other bodies 1903 UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Change of name from Veterans' Administration 45 UNITED STATES 441 BUSINESS HISTORIC ROUTE Extended and redesignated 943 UNITED STATES OF AMERICA Conveyance of state property to the United States of America 930 UNIVERSITY SYSTEM OF GEORGIA Regents Retirement Plan Act; board of regents authorized to establish an optional retirement plan for certain employees of the University System of Georgia 1811 See also Education Page CL UNRULY CHILDREN Detention 1351 UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY Membership of Secretary of State 872 UPSON COUNTY Griffin Judicial Circuit; superior court; judges; supplement 4459 Thomaston-Upson County school systems; merger; board of education; members; compensation; duties; referendum 3794 USED CAR DEALERS' REGISTRATION ACT State Board of Registration of Used Car Dealers; membership; termination 2423 Used car dealer; defined 1032 V VANDIVER, S. ERNEST Marker honoring former Governor S. Ernest Vandiver authorized 199 VETERANS Disabled veterans license plates 1476 Prestige license plates; Pearl Harbor survivors 797 See also Military, Emergency Management, and Veterans Affairs VETERANS' ADMINISTRATION Change of name to United States Department of Veterans Affairs 45 VETERANS SERVICE BOARD Location of meetings 371 VIDALIA, CITY OF Middle Georgia Surface and Air Transportation Commission; creation 5170 VIDALIA SWEET ONION Official state vegetable 1131 W WALKER, MELISSA D. Compensation 969 Page CLI WALKER COUNTY State court; judge; solicitor; salary 3554 WALTON COUNTY Board of commissioners; election; contracts 4357 Homestead exemption; school district taxes; referendum 4351 WAREHOUSES Georgia State Warehouse Act; licenses 340 Tobacco; maximum charges for handling and selling leaf tobacco by warehousemen 137 WARNER ROBINS, CITY OF Corporate limits; mayor; councilmembers; elections; terms; meetings 3534 WARREN D. EARNEST, SR., BRIDGE Designated 201 WARRENTON, CITY OF Mayor and councilmembers; election; terms; districts 4361 WARWICK, CITY OF Mayor; council members; elections; terms 4726 WASHINGTON COUNTY State court; judge and solicitor; salary 4220 WASTE MANAGEMENT Georgia Comprehensive Solid Waste Management Act; enacted 412 Regional Solid Waste Management Authorities Act; enacted 412 See also Conservation and Natural Resources WATERS OF THE STATE, PORTS, AND WATERCRAFT Gambling devices; ships Vetoed HB 1512 Lakes; water quality standards 1207 Marine toilets; prohibited on Lake Burton, Lake Rabun, and Seed Lake 317 Marine toilets; requirements for certain lakes 1218 Protected fresh waters defined 1218 Water flow requirements for toilets, urinals, shower heads, and faucets 1212 Page CLII WEAPONS Handguns; legal hunting weapons 380 Licenses to carry pistols or revolvers; fees 138 Licenses to carry pistols or revolvers; persons convicted of drug offenses 2012 Possession; United States Attorneys 558 WEST GEORGIA REGIONAL WATER AUTHORITY Members; quorums 4729 WESTERN JUDICIAL CIRCUIT Judges; supplement 3501 WEYMAN, JENNIE, MEMORIAL BRIDGE Designated 405 WHEELER COUNTY Middle Georgia Surface and Air Transportation Commission; creation 5170 WHIGHAM, CITY OF Mayor; councilmen; election; terms; meetings 4931 WHITFIELD COUNTY Board of commissioners; former members; insurance 4663 Board of commissioners; prohibitory actions; employment 4119 Vehicle registration; periods 3764 WHITHERINGTON, JOE A., BRIDGE Designated 988 , 214 WILCOX COUNTY Board of commissioners; salary 4083 Middle Georgia Surface and Air Transportation Commission; creation 5170 WILKES COUNTY Board of education; election; terms; referendum 4592 WILKINSON COUNTY Homestead exemption; referendum 4925 Joint Wilkinson-McIntyre-Irwinton-Toomsboro Water and Sewer Authority; creation 4685 Middle Georgia Surface and Air Transportation Commission; creation 5170 Page CLIII Ocmulgee Judicial Circuit; superior court; judges; supplement 5253 Sheriff; automobiles 3785 WILLIAM L. DEVERELL, SR., BRIDGE Designated 202 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Annual returns of fiduciaries administering estates 294 Executor's powers; guardian ad litem of an heir; bonds; notices; returns; discharge of administrator 350 Renouncement of succession; delivery of renouncement 299 Trustees; Georgia Gift to Minors Act repealed and Georgia Transfers to Minors Act enacted 667 Witnesses; legacy or devise to subscribing witness to a will not invalid in certain cases 372 WITNESSES Children; competence to testify in certain cases 1795 Wills; legacy or devise to subscribing witness to a will not invalid in certain cases 372 WOOLDRIDGE, ELOISE, BRIDGE Designated 984 WORKERS' COMPENSATION Administration; benefits; schedules; procedure; appeals; suppliers; physicians; peer review 1409 Confirmation of insurer's refusal to cover risk 781 Covered employees; emergency management, rescue, or medical service personnel; minors; lawn care 1501 Farm laborers; employers may elect to provide coverage for farm laborers 293 Group self-insurance funds 997 Injury or death due to marijuana or controlled substance 1147 Insurance; optional deductibles 392 Joint Workers' Compensation Study Committee; creation 972 Pharmacy services; mandatory use of out-of-state mail order pharmacies prohibited 1087 Rights and remedies; construction design professionals exempted from third-party actions 1164 Self-insurers Guaranty Trust Fund established 770 WORTH COUNTY Board of commissioners; vacancies 4181 State court; solicitor; salary 4522 Page CLIV WRIGHTSVILLE, CITY OF Corporate limits 3530 WRITS OF FIERI FACIAS Fines, costs, or restitution as condition for probation; use of civil remedies to collect 1331 X Y Z Page CLV 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 35,276 23,298 34,048 33,999 33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 100,710 89,639 75,680 43,617 28,565 22,306 Douglas 54,573 28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445 16,846 Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 166,808 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116 16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167 11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610 9,102 [Illegible Text] 36,309 23,724 17,619 15,857 15,119 15,924 [Illegible Text] 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 6,716 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,046 7,371 6,364 6,008 5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437 Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton ..... ..... ..... ..... ..... 6,730 Mitchell 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 11,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,666 26,282 20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 26,110 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522 Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,382 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,570 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347 Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,761 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,536 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165 Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372 Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149 White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,775 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094 Total 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 Page CLVIII POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,536 Warren 6,583 Clinch 6,660 Lincoln 6,716 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,354 Chattahoochee 21,732 Stephens 21,761 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,110 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,382 Tift 32,862 Newton 34,666 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,570 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,775 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,710 Bibb 150,256 Clayton 150,357 Gwinnett 166,808 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,718 DeKalb 483,024 Fulton 589,904 Total 5,462,982 Page CLX MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 20 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 31 52 Ben Hill 13 Berrien 7 Bibb 18, 26 27 Bleckley 19 Brantley 6 Brooks 8 Bryan 3 4 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 29 30 Catoosa 53 54 Charlton 6 Chatham 1, 2 3 Chattahoochee 11 15 Chattooga 53 Cherokee 37 51 Clarke 46 Clay 11 Clayton 17 44 Clinch 7 Cobb 32, 33, 37, 56 Coffee 19 Colquitt 10 13 Columbia 23 24 Cook 8 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41/43, 55 Dodge 19 Dooly 13 Dougherty 12 Douglas 30 34 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 51 Fayette 34 Floyd 52 Forsyth 49 56 Franklin 47 Fulton 34/36, 38/40, 56 Gilmer 51 Glascock 21 Glynn 3 6 Gordon 51 Grady 10 Greene 24 Gwinnett 9 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 46 47 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 27 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 4 Lowndes 8 Lumpkin 50 Macon 14 Madison 47 Marion 16 McDuffie 24 McIntosh 3 Meriwether 29 Miller 11 Mitchell 11 Monroe 27 Montgomery 20 Morgan 25 Murray 54 Muscogee 15 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22 23 Rockdale 45 Schley 14 Screven 21 Seminole 11 Spalding 28 Stephens 50 Stewart 11 Sumter 14 Talbot 16 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 27 Walker 53 Walton 45 Ware 7 Warren 24 Washington 20 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13 Page CLXII 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 Reynols 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 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 40 Michael J. Egan Room 304B, Legislative Office Bldg., Atlanta 30334 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 208, Macon 31202 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 Room 303, Legislative Office Building, 18 Capitol Square, Atlanta 30334 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 30082 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 30051 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 Page CLXIV 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 Room 303, Legislative Office Building, 18 Capitol Square, Atlanta 30334 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 208, Macon 31202 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 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 30082 33 Roy E. Barnes 4841 Brookwood Drive, Mableton 30059 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, Atlanta 30310 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 40 Michael J. Egan Room 304B, Legislative Office Bldg., Atlanta 30334 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 30051 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 Page CLXVII GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 153 Atkinson 139 150 Bacon 152 Baker 140 Baldwin 105 107 Banks 11 12 Barrow 64 Bartow 15 19 Ben Hill 137 Berrien 146 Bibb 99/103 Bleckley 117 Brantley 152 153 Brooks 147 Bryan 126 129 Bulloch 110 111 Burke 108 110 Butts 78 Calhoun 131 Camden 151 152 Candler 109 Carroll 69, 70 71 Catoosa 2 3 Charlton 150 151 Chatham 122/128 Chattahoochee 112 130 Chattooga 5 Cherokee 8 10 Clarke 13, 67 68 Clay 131 Clayton 72 Clinch 150 Cobb 20 21 Coffee 139 Colquitt 144 145 Columbia 83 84 Cook 146 Coweta 71, 75, 77 81 Crawford 80 98 Crisp 135 Dade 1 5 Dawson 9 Decatur 141 142 DeKalb 43/58 Dodge 118 Dooly 135 Dougherty 132/134, 140 Douglas 41, 42 70 Early 140 Echols 147 Effingham 129 Elbert 14 Emanuel 109 Evans 121 Fannin 4 Fayette 43 Floyd 15 16 Forsyth 10 Franklin 13 Fulton 22/40 Gilmer 4 Glascock 82 Glynn 155 156 Gordon 7 Grady 142 Greene 106 Gwinnett 9, 59/64 Habersham 11 Hall 9 Hancock 106 Haralson 18 Harris 93 Hart 13 Heard 77 Henry 73 78 Houston 113/115 Irwin 137 Jackson 12 Jasper 80 Jeff Davis 153 Jefferson 82 108 Jenkins 110 Johnson 107 109 Jones 80 104 Lamar 78 Lanier 149 Laurens 118 119 Lee 131 136 Liberty 129 154 Lincoln 82 Long 121 Lowndes 147, 148 149 Lumpkin 4 Macon 98 115 Madison 13 14 Marion 112 McDuffie 84 McIntosh 156 Meriwether 91 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 66 Murray 3 Muscogee 92/97 Newton 66 74 Oconee 66 Oglethorpe 14 Paulding 18 41 Peach 98 Pickens 8 Pierce 152 Pike 75 79 Polk 17 18 Pulaski 117 Putnam 106 Quitman 130 Rabun 4 Randolph 130 Richmond 85/90 Rockdale 57 Schley 112 Screven 110 111 Seminole 114 Spalding 75 76 Stephens 11 Stewart 130 Sumter 116 Talbot 91 Taliaferro 82 Tattnall 121 Taylor 112 Telfair 118 137 Terrell 131 Thomas 142 143 144 Tift 138 146 Toombs 120 153 Towns 4 Treutlen 120 Troup 77 81 Turner 117 136 Twiggs 104 Union 4 Upson 79 Walker 1 5 Walton 65 Ware 150 151 Warren 82 Washington 107 Wayne 153 Webster 130 Wheeler 120 White 11 Whitfield 3 6 Wilcox 117 Wilkes 82 Wilkinson 104 Worth 136 Page CLXIX 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 23 Thomas R. Campbell, Jr. 1088 Canton St. Roswell 30075 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 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 3401 Old Jonesboro Rd. Hapeville 30354 5 John G. Crawford Box 308 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 4725 Bradford Lane Powder Springs 30073 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 155 Ronald Fennel 1027 Fountain Lake Drive Brunswick 31520 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 135 Johnny Floyd Post Office Box 525 Cordele 31015 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 1431 Howard Lewis Road White Plains 30678 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 29 Island Drive 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. Route 5, Dogwood Trail 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 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 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30506 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 122 Jimm 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 75 202 Tennessee St. Ringgold 30736 145 C. J. Powell Post Office Box 2534 Moultrie 31776-2534 101 William C. Randall Post Office Box 121 Macon 31202 90 Dick Ransom 445 Waverly Drive Augusta 30909 98 Robert Ray Route Four, Box 1071 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 12525 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 Ten Saint Andrews Court 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 4319 Columbus 31904 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 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. 2410 Tammeron Drive Marietta 30064 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 Page CLXXVII 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 75 202 Tennessee St. 3 Charles Poag Ringgold 30736 Post Office Box 441, Harris Street 4-Post 1 Carlton H. Colwell Eton 30724 Blairsville 30512 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 5 John G. Crawford Box 308 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 Wyc 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 Moutain 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 Laurne McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 13-Post 1 Louie M. Clarke 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. 2410 Tammeron Drive Marietta 30064 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 4725 Bradford Lane 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 Thomas R. Campbell, Jr. 1088 Canton St. Roswell 30075 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 12525 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 3401 Old Jonesboro Rd. 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 Ranson 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 4319 Columbus 31904 98 Robert Ray Route Four, Box 1071 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 1431 Howard Lewis Road White Plains 30678 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 29 Island Drive 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 Johnny Floyd Post Office Box 525 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 Van Streat, Sr. Post Office Box 95 Nicholls 31554 140 Ralph J. Balkcom Route One Blakely 31723 141 Kermit Francis Bates, Jr. 1403 Douglas Drive 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. J. 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 1027 Fountain Lake Drive Brunswick 31520 156 Willou Smith Ten Saint Andrews Court Riverfront Plaza Brunswick 31520 Page CLXXXV RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1989 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 38 3 35 1985 25 0 5 20 1986 66 0 10 56 1987 43 2 41 1988 71 1 10 60 1989 20 6 2 12 1989 Ex. Sess. 1 1 TOTALS 1207 49 80 1078 Page CLXXXVI REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613 Page CLXXXVII 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 2865 City of Milledgeville 7-18-56 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) 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 2040 City of Forest Park Election Results Not Known Clayton 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 3237 Multiple commission form of government 5-16-56 For18,393 (1 of 2) Agn2,001 DeKalb 3237 Commission Chairman 5-16-56 For: (a)4,743 (1 of 2) 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 2907 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2 : For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : For 1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County Officerscompensation 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4059 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 Page 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; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224 Page 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; Agn-58 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 4-66-66 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 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 * City of Macon * * 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 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * * Ga. L. 1973, p.2268 changed date of election. Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72. 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 * 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 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 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. ***Common Day of Rest Act results tabulated infra. 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 Centrallhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947 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. This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Yes: 151 No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes: 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5-9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11-7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 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 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 (Ciyt 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 Change the corporate limits of said city 6-25-81 Corporate limits Yes: 222 No: 60 (City of Tybee Island) 4914 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 Yes: 718,467 11-6-84 No: 464,620 Statewide 788 Ad Valorem taxation of propertyexemption of certain motor vehicles Yes: 900,688 11-6-84 No: 345,204 Statewide 1253 Ad Valorem taxation of propertyexemption of nonprofit homes for mentally handicapped Yes: 933,343 11-6-84 No: 295,707 Berrien 4823 Board of Commissioners of Berrien County act creating board amended Yes: 211 5-15-84 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 Catoosa 4321 Homestead Exemption; school taxes; persons 62 and older 8-14-84 Yes: 4,833 No: 811 Cherokee 3580 Superintendent of Schools appointment by Board of Education Yes: 1,734 3-13-84 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 Yes: 7,190 11-6-84 No: 2,328 Crisp 4352 Crisp County CommissionersNumber, Election Districts, Etc. Yes: 1,253 11-6-84 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 Yes: 4,290 11-6-84 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. Yes: 24,258 3-13-84 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. Yes: 2,222 8-14-84 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. Yes: 1,347 3-13-84 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 Yes: 629 5-15-84 No: 239 McIntosh 4106 Appointment of School Superintendent by Board of Education Yes: 221 5-15-84 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 Yes: 1,249 8-14-84 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed Yes: 26,594 11-6-84 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. Yes: 625 3-13-84 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. Yes: 316 5-15-84 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. Yes: 311 5-15-84 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. Yes: 2,496 8-14-84 No: 838 Upson 3729 Upson County Board of CommissionersCommissioner Districts, Etc. Yes: 708 4-17-84 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education Yes: 1,903 11-6-84 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. Yes: 425 3-13-84 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. Yes: 689 8-14-84 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 Question 1: 9-10-85 Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum 11-4-86 Yes: 302 No: 128 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office: Referendum 11-5-85 Yes: 789 No: 511 Dawson 4179 Business and Occupational License Taxes Referendum not held DeKalb City of Decatur 4140 Homestead Exemptions for certain residents who are 62 or older; Referendum 12-4-85 Yes: 1,123 No: 154 Fayette 3992 Fayette County School DistrictAd Valorem Tax Exemption for Elderly and Disabled Residents: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum 11-4-86 Yes: 4,725 No: 6,759 Fulton City of Atlanta 4371 City of AtlantaRedevelopment powers City Failed to Publish as required by Law City Atty. ruled not to put on ballot Fulton City of College Park 4513 Homestead exemptions; Referendum 5-13-85 Yes: 1,721 No: 143 Gwinnett 5106 Homestead Exemption from Gwinnett County School District Ad Valorem Taxes; Referendum 11-4-86 Yes: 39,645 No: 12,055 Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections: Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not pre-cleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 Pierce 4836 Board of Commissioners; Elections; Referendum 11-5-85 Yes: 386 No: 169 Pierce 4841 Board of Education; Elections; Referendum 11-5-85 Yes: 365 No: 181 Polk 4985 Board of Education; Re-created; Referendum 6-11-85 Yes: 362 No: 299 Taylor 5087 Board of Education; Elections; Referendum 5-21-85 Yes: 362 No: 180 Wilkes 4580 Homestead Exemption from County and School District Ad Valorem Taxes; Referendum Referendum not held Page 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 : 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 : 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 Page CCLXXXVIII Georgia Laws, 1988 : REFERENDUM ELECTION RESULTS: ACTS OF 1988 SESSION OF THE GENERAL ASSEMBLY County Page No . SUBJECT Date of Election Result 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 June 6, 1989 Yes: 734 No: 106 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 (1) 984 (2) 628 Hart 3604 Board of Commissioners; Creation 4-12-88 (3) 943 4-26-88 Runoff (1) 1439 (2) 1,698 Henry 4633 Board of Commissioners; Chairman as Chief Executive Officer; County Administrator Abolished Referendum Not Held 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 11-14-89 County: Yes: 3,760 No: 2,768 City: Yes: 338 No: 668 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 Sumter County: Yes: 1,033 No: 1,412 City of Americus: 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 CCXCII Georgia Laws, 1989 : County Page No . SUBJECT Date of Election Result Bartow City of Cartersville 4746 City of CartersvilleHomestead Exemption 11-7-89 Yes: 1,208 No: 143 Chatham City of Port Wentworth 5105 City of Port WentworthCorporate Limits 9-12-89 Corporate Limits: Yes: 292 No: 58 Unincorporated Area: Yes: 50 No: 24 Cherokee 4295 Cherokee CountyBoard of Commissioners; Creation 11-7-89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of AthensRedevelopment Powers 11-7-89 Yes: 919 No: 725 Clayton 4905 Clayton CountyBoard of Education; Elections; Composition; Districts; County School Superintendent; Election 8-15-89 Yes: 1,673 No: 2,007 Clayton 4818 Redevelopment Powers 8-15-89 Yes: 1,879 No: 1,755 Cobb 4266 Cobb CountyRedevelopment Powers To Be Held July 17, 1990 Cobb City of Smyrna 3878 City of SmyrnaHomestead Exemption 4-4-89 Yes: 1,714 No: 107 Cobb City of Smyrna 4896 City of SmyrnaHomestead Exemption 4-4-89 Yes: 1,641 No: 156 Dougherty City of Albany 4802 City of AlbanyMayor and Commissioners; Elections; Terms 8-8-89 Yes: 11,373 No: 2,489 Dougherty City of Albany 4062 City of AlbanyHomestead Exemption 8-8-89 Yes: 12,173 No: 1,553 Effingham Town of Rincon 4024 Town of RinconHomestead Exemption 11-7-89 Yes: 427 No: 27 Fannin City of Blue Ridge 3823 City of Blue RidgeNew Charter 5-27-89 Fannin County: Yes: 4 No: 57 City of Blue Ridge: Yes: 123 No: 96 Fulton City of Atlanta 4229 City of Atlanta and City of Atlanta School districtHomestead Exemption To Be Held 11-6-90 Harris City of Shiloh 4084 City of ShilohHomestead Exemption Referendum Not Held Henry 4829 Henry CountyBoard of Commissioners; Chairman; Election To Be Held 11-6-90 Liberty City of Hinesville 4782 City of HinesvilleMayor and Council Elections; Terms; Districts To Be Held 11-6-90 Lowndes 3578 LowndesBoard of Education; Number of Members; Districts; Elections; Vacancies To Be Held 7-17-90 Spalding 3802 Griffin-Spalding County Charter CommissionCreation Not Pre-cleared by U.S. Justice Dept. Whitfield 4901 Whitfield CountyBoard of Education; Terms; Elections To Be Held 7-17-90 Page CCXCIV Georgia Laws, 1989 Extraordinary Session : County Page No . SUBJECT Date of Election Result Gwinnett City of Berkeley Lake 72 Elections and Terms of Mayor and Councilmembers; Mayor's Veto Powers; Referendum 12-2-89 Yes: 201 No: 43 Page CCXCV STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 2, 1990 Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 238, 411, 412, 448, 548, 686 and 716 which were passed by the General Assembly of Georgia at the 1990 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 Page CCXCVI VETO NO. 27SENATE BILL 238 BY SENATOR PEEVY This bill would amend the law relating to discretionary appeals to the appellate courts of this State to provide that child custody matters would not be subject to discretionary appeals. In 1979, the General Assembly enacted the discretionary appeal law which provided that certain types of cases, including child abuse cases, would not have the right of a direct appeal to the Court of Appeals, but would be handled by a new discretionary appeal process. This process was not implemented to lessen the rights of any party to an action, but to expedite the handling of appeals by the appellate courts in this State. Each discretionary appeal is reviewed by three judges of the Court of Appeals as in a direct appeal. The only difference between a discretionary and a direct appeal is that the court would not require oral argument or issue an opinion where it was apparent that no error of law existed. Because of the sensitive nature of matters involving child custody it is imperative that those cases be handled as quickly as possible. I do not believe that the court has in any way diminished its review of these important cases, and this legislation would only impede the pertinent process. For these reasons, I vetoed the legislation. VETO NO. 19SENATE BILL 411 BY SENATOR POLLARD This bill amended the law relating to sparsity grants under the Quality Basic Education Act so as to continue certain sparsity grants. After the legislation passed, technical problems were found in the bill which could have had a negative effect on the counties receiving the sparsity grants. After further review by the Department of Education and the Office of Planning and Budget, it was found that the grants could be continued as provided for in the budget act. Therefore, this bill was not necessary. For this reason, I vetoed the legislation. VETO NO. 26SENATE BILL 412 BY SENATOR FULLER This bill provided that prohibitions against gambling would not apply to certain games or devices. The type of game enumerated in the bill related to a crane game or device which met certain specifications Page CCXCVII provided for in the legislation. The bill would allow persons playing these types of games to receive prizes or cash for winning. A legal review of the bill showed that while the bill tried to distinguish that these types of games involved skills, this legislation still may be unconstitutional since it tries to legalize a form of gambling. I do not believe that this type of activity is in the best interest of the citizens of this State, particularly children who are the primary participants in this type of game. For these reasons, I vetoed the legislation. VETO NO. 23SENATE BILL 448 BY SENATOR KIDD This bill amended the law relating to the issuance of drivers' licenses so as to provide certain visual standards by which the Department of Public Safety could restrict the issuance of drivers' licenses. The purpose of the bill was to provide standards which would allow persons to utilize bioptic telescopic lenses for driving. In reviewing this bill after passage by the General Assembly, technical problems were found in the wording of the standards which would have, in effect, reversed the intent of the legislation and prohibited the use of bioptic lenses. The Department of Public Safety is now working with the affected groups to see if our standards can be changed by rules and regulations of the Department to allow for us of bioptic lenses. For these reasons, I vetoed the legislation. VETO NO. 17SENATE BILL 548 BY SENATOR KIDD This bill provided for an additional judge for the Superior Courts of the Ocmulgee Judicial Circuit. Another bill passed during this Session of the General Assembly also provided for an additional judge for the Ocmulgee Circuit and the Atlanta Judicial Circuit. Since that piece of legislation related to two judgeships, it was signed into law, making Senate Bill 548 moot. For this reason, I vetoed this legislation. VETO NO. 24SENATE BILL 686 BY SENATOR SCOTT This was local legislation to amend the law relating to the election of the Mayor and Aldermen of the City of Savannah. After Page CCXCVIII reviewing the legislation and the resulting effects, a majority of the local legislative delegation for the City of Savannah requested that this bill be vetoed. This office has always acquiesced to the wishes of majority of the local delegation in dealing with local legislation. For this reason, I vetoed the legislation. VETO NO. 20SENATE BILL 716 BY SENATOR TAYLOR This bill would have increased the capacity of aboveground storage tanks for diesel fuel from 6,000 to 12,000 gallons providing that a permit would be granted for the 12,000 gallon aboveground storage tank if it were equipped with spill and overfill protection and otherwise met the codes and standards adopted by the National Fire Protection Association except for requiring any foam or inerting system. Legislatively mandating the application of the National Fire Protection Association's standards for a 12,000 gallon tank is improper since these standards relate to 6,000 gallon tanks. These present fire safety standards would need to be revised, particularly regarding distance from buildings and other types of measurements coming into play before doubling the capacity of the aboveground tank. Also, limiting the Fire Marshal's authority to require a foam or inerting system to protect and assist in the extinguishing of fires, may become a problem in some locations and times when the Fire Marshal will need this authority. It is my understanding that the Fire Marshal's office will be working to provide some rules and regulations to allow for 12,000 gallon aboveground tanks, but with standards which I believe will provide a greater degree of safety than those found in Senate Bill 716. For these reasons, I vetoed the legislation. Page CCXCIX STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR May 2, 1990 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 1419, 1512, 1628, 1632, 1633, 1635, 1882, 1884, 1885, 1889 and 1968 which were passed by the General Assembly of Georgia at the 1990 Regular Session. Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Attachment cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State Page CCC VETO NO. 15HOUSE BILL 1419 BY REPRESENTATIVE HOLMES This bill amended Title 21 of the Official Code of Georgia Annotated so as to provide that the president of a public or private college or university, or his designee, could be a county deputy registrar or municipal deputy registrar. The provisions of this bill passed in another bill which was signed into law, making House Bill 1419 moot. Since House Bill 1419 would have no effect, the Author of the legislation requested that it be vetoed. For this reason, I vetoed the legislation. VETO NO. 25HOUSE BILL 1512 BY REPRESENTATIVE PETTIT This bill in its original form provided for the means to change the provisions relating to criminal possession of an explosive device. The bill was later amended on the floor of the House to add another provision which would have allowed ships possessing gambling devices to enter the territorial waters of this State so long as the devices were inaccessible to passengers and crew and removed or covered from the sight of such passengers and crew while in the territorial waters of this State. The stated purpose of the amendment was to allow cruise ships to enter the harbors of this State even though they possessed gambling devices. Federal law may presently allow for the purposes of this bill to be carried out. The bill could have allowed persons to operate gambling ships off the coast of this State as long as they covered their equipment after coming back to port. I do not believe it is proper to allow gambling off the coast when it is illegal in the State. For these reasons, I vetoed the legislation. VETO NO. 16HOUSE BILL 1628 BY REPRESENTATIVE HOLMES This bill amended the election code to provide that all special elections and municipal special elections would be held on certain uniform dates. After passage of the legislation, technical problems were found in the bill which could not be resolved by the affected parties and the Author of the bill requested that it be vetoed. Page CCCI For this reason, I vetoed the legislation. VETO NO. 20HOUSE BILL 1632 BY REPRESENTATIVE MURPHY This bill would have amended the retirement system for superior court judges so as to delete the provisions relating to mandatory retirement age for judges and forfeiture of benefits in connection with such retirement age. The age limit was increased from 70 to 75 during the 1986 Session of the General Assembly. Prior to that increase in 1984, the General Assembly passed legislation similar to House Bill 1632 which would have deleted the retirement age entirely. I vetoed the bill in 1984 because I did not believe it to be in the best interests of the citizens of this State to eliminate the age limit. My feelings have not changed on this issue. While a number of people over the age of 75 function effectively in jobs beneficial to our State, age is a limiting factor that must be taken into account in highly pressurized and intensive professions, such as judgeships. For these reasons, I vetoed the legislation. VETO NO. 21HOUSE BILL 1633 BY REPRESENTATIVE MURPHY This bill would amend the retirement benefit law relating to Justices of the Supreme Court and Judges of the Court of Appeals to delete the mandatory retirement age and forfeiture of benefits in connection with the retirement age. This bill is a companion bill to House Bill 1632 which I addressed in my veto message on Veto No. 20. The same reasoning expressed in that message applies to House Bill 1633. For these reasons, I vetoed the legislation. VETO NO. 22HOUSE BILL 1635 BY REPRESENTATIVE PARRISH This bill amends the Trial Judges and Solicitors Retirement Fund Act which is the retirement act for state court judges, solicitors and juvenile judges. The bill would have deleted the mandatory Page CCCII retirement age for members of this system. While I would not oppose raising the retirement age for these individuals from 70 to 75 years of age, as was done for superior court judges and appellate judges, I cannot agree to totally alleviate the mandatory retirement age. For the same reasons expressed in Veto No. 20, I vetoed this legislation. VETO NO. 12HOUSE BILL 1882 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Tax Commissioner of Fayette County. After the bill passed, technical problems were found in the legislation and the Author requested that this bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 13HOUSE BILL 1884 BY REPRESENTATIVE HEARD This bill amended the law relating to the compensation of the Clerk of Superior Court of Fayette County. After the legislation passed, technical problems were found in the bill and the Author requested that the bill be vetoed. For this reason, I vetoed the legislation. VETO NO. 14HOUSE BILL 1885 BY REPRESENTATIVE HEARD This bill amended an Act relating to the compensation of the Judge of the Probate Court of Fayette County. Because of technical problems found in the bill after passage, the Author requested that it be vetoed. For this reason, I vetoed the legislation. Page CCCIII VETO NO. 18HOUSE BILL 1889 BY REPRESENTATIVE BOSTICK This bill amended the law relating to the Georgia Agrirama Development Authority to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee. The proposed Overview Committee would be composed of both legislative members and local government officials, thereby causing a conflict between its apparent duties and the duties of the Georgia Agrirama Development Authority. Additionally, there existed an apparent legal problem with the service of legislative and executive elected officials on an executive branch committee, which is entirely different from a normal overview committee. A normal overview committee set up by the General Assembly consists only of legislative members. For these reasons, I vetoed the legislation. VETO NO. 11HOUSE BILL 1968 BY REPRESENTATIVE BARNETT This bill amended an Act incorporating the City of Snellville so as to change the corporate limits. Technical errors were found in the bill after passage and the Author asked that the bill be vetoed. For this reason, I vetoed the legislation. Page CCCIV STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1990 LEGISLATIVE SESSION April 30, 1990 The Honorable Max Cleland Secretary of State State Capitol, Room 214 Atlanta, Georgia 30334 Dear Mr. Cleland: As required by Code Section 47-20-50.1 (effective March 11, 1987), the following report is submitted for printing in the annual session laws of the State of Georgia. The report covers all retirement bills having a fiscal impact that had actuarial evaluations and were enacted during the 1990 legislative session. The report is organized by retirement system and determines for each bill whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the State Auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Page CCCV Code Section 47-20-50. This report complies with this requirement. Sincerely, /s/ G. W. Hogan G. W. Hogan State Auditor GWH/bh Page CCCVI Retirement System Bill No. Act No. Title of Bill Comments Employees' Retirement System HB 46 1282 Employees' Retirement; certain military service; credit Provision not made for concurrent funding HB 156 1123 Employees' Ret. System; credit for service in cert. local system Provision made for concurrent funding HB 436 1126 Employees' Ret. System of Ga.; certain judicial membership Provision made for concurrent funding HB 539 1239 Employees' Retirement; family/children serv.; creditable service Provision made for concurrent funding HB 695 1129 Employees' Retirement; certain National Guard service; credit Provision made for concurrent funding HB 761 1131 Employees' Retirement; average final compensation; definition Provision made for concurrent funding HB 769 1132 Employees' Retirement; Hazardous Waste Mgt. Authority; membership Provision made for concurrent funding HB 1088 1088 Employees' Retirement; certain judicial employees; membership Provision made for concurrent funding HB 1095 1134 Employees' Retirement; allowance and calculation of benefits Provision made for concurrent funding SB 10 1137 Employees' Retirement; certain forfeited annual and sick leave; credit Provision not made for concurrent funding SB 312 1144 Employees' Retirement; Ga. Fed-State Shipping Point Insp. Serv.; creditable service Provision made for concurrent funding Legislative Retirement System HB 198 1124 Legislative Ret. Sys.; allowance; amend provisions Provision made for concurrent funding HB 1114 1135 Legislative Ret. Sys.; General Assembly member; prior service Provision made for concurrent funding Teachers Retirement System HB 109 1122 Teachers Retirement; creditable service visiting scholar Provision made for concurrent funding HB 273 1394 Teachers Retirement; pregnancy leave; credit Provision not made for concurrent funding HB 458 1182 Teachers Retirement; cert. persons; creditable service Provision made for concurrent funding HB 623 1128 Teachers Retirement; transfer from local system; refund Provision made for concurrent funding HB 639 1398 Teachers Retirement; transfer by faculty of University System Provision made for concurrent funding HB 964 1133 Teachers Retirement; re-establishment of creditable service Provision made for concurrent funding District Attorneys' Retirement System and Employees' Retirement System HB 752 1130 District Attorneys' Ret.; transfer membership to Employees' Ret. Provision made for concurrent funding District Attorneys' Retirement System SB 72 1218 District Attorneys' Ret.; average annual compensation Provision made for concurrent funding District Attorneys' Emeritus HB 230 1125 District Attorneys' Emeritus; minimum salary Provision made for concurrent funding SB 640 919 District Attorneys' Emeritus; practicing law; repeal cert. prohibitions Provision not made for concurrent funding Firemen's Pension Fund SB 162 1143 Firemen's Pension Fund; increase benefits Provision made for concurrent funding Judges of the Probate Courts Retirement Fund SB 58 1139 Probate Courts Ret. Fund; secretary-treasurer; credit Provision made for concurrent funding Peace Officers' Annuity and Benefit Fund HB 44 1109 Peace Officers' Annuity/Benefit; benefit provisions Provision made for concurrent funding SB 28 1138 Peace Officers' Annuity/Benefit; benefit provisions Provision made for concurrent funding Sheriffs' Retirement Fund SB 121 1142 Sheriffs' Retirement Fund; single life annuity Provision made for concurrent funding Superior Court Clerks' Retirement Fund HB 1035 1288 Superior Court Clerks' Ret. Fund; benefits Provision made for concurrent funding Superior Court Judges Retirement System SB 76 1066 Superior Courts; Cert. judges serve another term Provision made for concurrent funding Superior Court Judges and Trial Judges and Solicitors Retirement Fund HB 441 1127 Superior Court Judges Retirement; certain creditable service Provision made for concurrent funding Superior Court Judges, Trial Judges and Solicitors Retirement Fund and Employees' Retirement System SB 79 1141 Superior Court Judges Ret./Trial Judges/Solicitors Ret.; membership Provision made for concurrent funding Trial Judges and Solicitors Retirement Fund SB 71 1140 Trial Judges and Solicitors Ret.; average annual compensation Provision made for concurrent funding Employees' Retirement System, Legislative Retirement System, Teachers Retirement System, Trial Judges and Solicitor's Retirement System, Public School Employees' Retirement Systems, Georgia Firemens' Pension Fund, Sheriffs Retirement Fund of Georgia, Peace Officers Retirement Fund, Superior Court Clerks' Retirement Fund, Superior Court Judges Retirement Fund, District Attorneys Retirement System HB 738 1223 Teachers Retirement; postretirement benefit adjustment Provision made for concurrent funding