Acts and resolutions of the General Assembly of the state of Georgia 1991 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19910000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1991 19910000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume I

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GEORGIA LAWS 1991 TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2029 Resolution Applying to Congress for Amendment to the Constitution of the United States of America 2039 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral XLVII Population of Georgia CountiesAlphabetically CLXXV Population of Georgia CountiesNumerically CLXXXI Georgia Senatorial Districts, Alphabetically by County CLXXXIII Georgia Senators, Alphabetically by Name CLXXXV Georgia Senators, Numerically by District CLXXXVIII Georgia House Districts, Alphabetically by County CXCI Georgia Representatives, Alphabetically by Name CXCIII Georgia Representatives, Numerically by District CCI Status of Referendum Elections CCIX Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1990, General Election CCCXXIV Vetoes by the Governor CCCXXXIII State Auditor's Report on Retirement Bills CCCXLII TABLE FO CONTENTS VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 4807 Municipal Home Rule Actions 4837 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XII IndexGeneral XLVII Population of Georgia CountiesAlphabetically CLXXV Population of Georgia CountiesNumerically CLXXXI Georgia Senatorial Districts, Alphabetically by County CLXXXII Georgia Senators, Alphabetically by Name CLXXXV Georgia Senators, Numerically by District CLXXXVIII Georgia House Districts, Alphabetically by County CXCI Georgia Representatives, Alphabetically by Name CXCIII Georgia Representatives, Numerically by District CCI Status of Referendum Elections CCIX Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1990, General Election CCCXXIV Vetoes by the Governor CCCXXXIII State Auditor's Report on Retirement Bills CCCXLII

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COMPILER'S NOTE General Acts and Resolutions of the 1991 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 2029. At the 1991 session, the General Assembly applied to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States of America. This application will be found in Volume I beginning on page 2039. 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 1990 are printed in Volume II beginning at page 4807. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1990 are printed in Volume II beginning at page 4837. There are no numbered pages between page 2042 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. The Resolutions beginning on pages 2026 and 2039 were not signed by the Governor. See the note at the end of each of these resolutions. ACTS BY NUMBERS, PAGE REFERENCES Act No. 1 Page 1 2 5 3 3501 4 3504 5 6 6 7 7 87 8 93 9 94 10 130 11 133 12 3506 13 3511 14 135 15 139 16 258 17 263 18 3526 19 266 20 3529 21 274 22 276 23 3531 24 3535 25 278 26 280 27 288 28 3537 29 292 30 3542 31 3547 32 300 33 3549 34 3551 35 3554 36 3556 37 3559 38 3569 39 3571 40 3576 41 3579 42 3581 43 3586 44 3588 45 3590 46 3592 47 3611 48 3616 49 3620 50 3623 51 3625 52 3627 53 3630 54 3632 55 3634 56 3636 57 3638 58 3642 59 3646 60 3648 61 3651 62 3653 63 3677 64 3680 65 3689 66 3691 67 3693 68 3695 69 3699 70 302 71 303 72 306 73 307 74 3701 75 3709 76 3724 77 3726 78 3728 79 3730 80 3732 81 3734 82 3737 83 3740 84 3742 85 3745 86 3747 87 3751 88 3753 89 3759 90 3772

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91 3776 92 3779 93 3783 94 3786 95 3792 96 3795 97 3796 98 3812 99 3814 100 3817 101 3819 102 3821 103 3822 104 3825 105 3830 106 3837 107 3841 108 3843 109 3846 110 3848 111 3851 112 3855 113 3859 114 3893 115 3911 116 3923 117 3925 118 3928 119 3931 120 3933 121 3935 122 3973 123 3976 124 3986 125 3989 126 3992 127 3995 128 3998 129 4000 130 4038 131 4042 132 4077 133 4079 134 4081 135 4091 136 4093 137 4097 138 4100 139 4101 140 4108 141 4110 142 4113 143 4116 144 4118 145 4120 146 4136 147 4155 148 4158 149 4160 150 4165 151 4167 152 4172 153 4175 154 4182 155 4183 156 4185 157 4189 158 4191 159 4192 160 4195 161 4212 162 4228 163 4232 164 4234 165 4236 166 4252 167 4255 168 4259 169 4265 170 4270 171 4274 172 4292 173 4297 174 4313 175 4315 176 4318 177 4320 178 4323 179 4328 180 4334 181 4336 182 4339 183 4359 184 4392 185 4394 186 4413 187 4415 188 4417

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189 4419 190 4422 191 4427 192 4430 193 4432 194 4434 195 4436 196 4457 197 4460 198 4463 199 4465 200 4467 201 4470 202 4476 203 4478 204 4481 205 4482 206 4485 207 4487 208 4489 209 4492 210 4494 211 4496 212 4498 213 4508 214 4512 215 4514 216 4517 217 4520 218 4524 219 4540 220 4542 221 4545 222 4547 223 4550 224 4552 225 4555 226 4558 227 4564 228 4570 229 4604 230 4609 231 4615 232 4617 233 4620 234 4621 235 4626 236 4637 237 4638 238 4640 239 4643 240 4645 241 4647 242 4649 243 4668 244 4670 245 4675 246 4679 247 4681 248 4693 249 4696 250 4711 251 4747 252 309 253 310 254 312 255 316 256 321 257 323 258 324 259 326 260 327 261 328 262 330 263 332 264 334 265 335 266 338 267 341 268 346 269 349 270 350 271 352 272 353 273 356 274 358 275 359 276 360 277 361 278 363 279 364 280 365 281 367 282 368 283 369 284 371 285 372 286 373

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287 375 288 376 289 379 290 388 291 389 292 390 293 391 294 394 295 399 296 401 297 404 298 405 299 406 300 408 301 410 302 411 303 412 304 413 305 416 306 417 307 419 308 425 309 430 310 431 311 432 312 434 313 435 314 450 315 452 316 456 317 462 318 465 319 597 320 599 321 600 322 602 323 604 324 605 325 606 326 608 327 614 328 616 329 618 330 620 331 622 332 624 333 626 334 627 335 631 336 632 337 634 338 639 339 642 340 654 341 660 342 664 343 665 344 666 345 668 346 669 347 677 348 680 349 685 350 687 351 691 352 693 353 713 354 715 355 716 356 717 357 719 358 720 359 721 360 723 361 724 362 726 363 728 364 739 365 744 366 746 367 747 368 748 369 749 370 750 371 752 372 753 373 755 374 771 375 773 376 777 377 779 378 780 379 784 380 786 381 787 382 4750 383 788 384 789

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385 794 386 796 387 797 388 799 389 801 390 810 391 886 392 913 393 915 394 924 395 933 396 943 397 944 398 947 399 948 400 950 401 953 402 954 403 959 404 963 405 965 406 966 407 968 408 969 409 970 410 971 411 974 412 977 413 980 414 982 415 983 416 987 417 989 418 993 419 994 420 995 421 996 422 4755 423 4761 424 997 425 999 426 1000 427 1002 428 1003 429 1004 430 1007 431 1009 432 1009 433 1011 434 1012 435 1016 436 1019 437 1021 438 1027 439 1030 440 1036 441 1038 442 1040 443 1042 444 1044 445 1045 446 1051 447 1053 448 1055 449 1056 450 1058 451 1059 452 1090 453 1092 454 1093 455 1100 456 1101 457 1103 458 1105 459 1108 460 1109 461 1110 462 1113 463 1115 464 1123 465 1125 466 1126 467 1129 468 1130 469 1133 470 1135 471 1137 472 1140 473 1143 474 1145 475 1147 476 1154 477 1155 478 1157 479 1161 480 1164 481 1165 482 1166

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483 1297 484 1299 485 1301 486 1302 487 1304 488 1311 489 1312 490 1317 491 1319 492 1320 493 1324 494 1346 495 1348 496 1352 497 1355 498 1358 499 1363 500 1365 501 1371 502 1374 503 1375 504 1377 505 1380 506 1386 507 1389 508 1391 509 1393 510 1394 511 1396 512 1398 513 1400 514 1401 515 1403 516 1409 517 1411 518 1419 519 4767 520 1421 521 1423 522 1424 523 1531 524 1543 525 1546 526 1577 527 1579 528 1581 529 4770 530 1585 531 1586 532 1587 533 1590 534 1598 535 1601 536 1603 537 1606 538 1608 539 1630 540 1638 541 1640 542 1648 543 1653 544 1683 545 1685 546 1686 547 1687 548 1690 549 1692 550 1696 551 1705 552 1707 553 1709 554 1712 555 1719 556 1728 557 1735 558 1738 559 1740 560 1749 561 1751 562 1753 563 1767 564 1773 565 1776 566 1778 567 1781 568 1782 569 1784 570 1800 571 1801 572 1804 573 1805 574 1821 575 1823 576 1825 577 1830 578 1839 579 1849 580 1850

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581 1853 582 1861 583 1864 584 1868 585 4804 586 1870 587 1871 588 1880 589 1886 590 1896 591 1901 592 1903 593 1936 594 1943 595 1944 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. 1 Page 1005 2 1170 3 2031 4 1171 5 1173 6 1176 7 1177 8 1178 9 1184 10 1189 11 1194 12 1197 13 1198 14 1199 15 1200 16 1201 17 1203 18 1205 19 1206 20 1207 21 1229 22 1230 23 1231 24 1233 25 1235 26 1236 27 1237 28 1238 29 1240 30 1241 31 1243 32 1246 33 1250 34 1253 35 1257 36 1260 37 1262 38 1266 39 1271 40 1273 41 1277 42 1280 43 1282 44 1286 45 1287 46 1289 47 1294 48 1296 49 2032 50 2035 51 1694 52 1745 53 1747 54 2025 55 2026

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. HB 1 7 87 HB 2 269 349 HB 3 270 350 HB 4 271 352 HB 5 319 597 HB 7 33 3549 HB 11 532 1587 HB 14 320 599 HB 26 321 600 HB 29 322 602 HB 32 323 604 HB 33 272 353 HB 34 273 356 HB 35 324 605 HB 36 325 606 HB 40 483 1297 HB 42 21 274 HB 43 274 358 HB 44 34 3551 HB 47 484 1299 HB 63 589 1886 HB 66 590 1896 HB 67 326 608 HB 68 11 133 HB 69 302 411 HB 70 303 412 HB 72 391 886 HB 78 327 614 HB 84 17 263 HB 85 1 1 HB 93 5 6 HB 94 35 3554 HB 96 328 616 HB 97 304 413 HB 117 275 359 HB 118 485 1301 HB 120 593 1936 HB 122 252 309 HB 123 563 1767 HB 125 486 1302 HB 127 36 3556 HB 129 305 416 HB 133 586 1870 HB 134 276 360 HB 139 329 618 HB 140 564 1773 HB 145 577 1830 HB 146 330 620 HB 149 306 417 HB 167 9 94 HB 168 10 130 HB 170 253 310 HB 171 37 3559 HB 172 38 3569 HB 173 331 622 HB 174 277 361 HB 175 307 419 HB 177 278 363 HB 179 254 312 HB 182 317 462 HB 186 332 624 HB 187 565 1776 HB 188 333 626 HB 195 255 316 HB 199 334 627 HB 201 335 631 HB 202 279 364 HB 204 336 632 HB 208 540 1638 HB 209 280 365 HB 210 308 425 HB 215 337 634 HB 217 487 1304 HB 220 309 430 HB 223 338 639 HB 224 339 642 HB 226 318 465 HB 232 488 1311 HB 236 39 3571 HB 237 40 3576 HB 238 489 1312 HB 241 340 654 HB 247 256 321 HB 251 341 660 HB 256 257 323 HB 257 342 664 HB 259 343 665 HB 261 544 1683

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HB 263 553 1709 HB 264 344 666 HB 266 345 668 HB 268 547 1687 HB 269 346 669 HB 271 258 324 HB 272 490 1317 HB 274 558 1738 HB 276 412 977 HB 279 591 1901 HB 280 550 1696 HB 281 512 1398 HB 283 592 1903 HB 284 6 7 HB 285 595 1944 HB 287 Vetoed HB 288 491 1319 HB 289 492 1320 HB 290 493 1324 HB 291 347 677 HB 292 348 680 HB 293 392 913 HB 294 41 3579 HB 295 528 1581 HB 296 349 685 HB 303 15 139 HB 313 259 326 HB 315 314 450 HB 316 42 3581 HB 317 350 687 HB 320 351 691 HB 323 352 693 HB 326 20 3529 HB 327 43 3586 HB 329 513 1400 HB 333 353 713 HB 334 354 715 HB 335 281 367 HB 338 282 368 HB 340 355 716 HB 343 283 369 HB 344 356 717 HB 350 494 1346 HB 351 284 371 HB 355 44 3588 HB 356 45 3590 HB 359 46 3592 HB 360 26 280 HB 361 47 3611 HB 362 48 3616 HB 366 357 719 HB 374 285 372 HB 377 49 3620 HB 378 50 3623 HB 379 495 1348 HB 380 496 1352 HB 383 358 720 HB 386 51 3625 HB 387 385 794 HB 388 52 3627 HB 389 359 721 HB 395 53 3630 HB 396 360 723 HB 397 54 3632 HB 398 22 276 HB 399 542 1648 HB 400 361 724 HB 402 394 924 HB 403 362 726 HB 406 531 1586 HB 412 363 728 HB 413 364 739 HB 416 365 744 HB 417 578 1839 HB 420 29 292 HB 422 286 373 HB 423 260 327 HB 427 366 746 HB 428 367 747 HB 429 368 748 HB 434 395 933 HB 436 369 749 HB 437 370 750 HB 438 371 752 HB 439 16 258 HB 441 373 755 HB 442 372 753 HB 446 287 375 HB 448 514 1401 HB 449 566 1778 HB 450 Vetoed HB 454 374 771 HB 455 375 773 HB 461 288 376 HB 462 55 3634 HB 464 56 3636 HB 465 376 777 HB 468 377 779

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HB 469 378 780 HB 470 379 784 HB 474 289 379 HB 475 315 452 HB 476 310 431 HB 478 Vetoed HB 480 Vetoed HB 482 290 388 HB 483 32 300 HB 484 380 786 HB 488 554 1712 HB 490 57 3638 HB 492 381 787 HB 493 382 4750 HB 508 587 1871 HB 514 551 1705 HB 516 25 278 HB 518 58 3642 HB 524 59 3646 HB 526 396 943 HB 528 393 915 HB 531 397 944 HB 533 398 947 HB 536 60 3648 HB 537 562 1753 HB 540 399 948 HB 542 61 3651 HB 544 62 3653 HB 546 261 328 HB 547 400 950 HB 548 401 953 HB 549 63 3677 HB 553 64 3680 HB 554 411 974 HB 555 530 1585 HB 557 Vetoed HB 558 402 954 HB 560 403 959 HB 561 404 963 HB 563 405 965 HB 567 406 966 HB 569 407 968 HB 574 408 969 HB 578 409 970 HB 582 413 980 HB 583 24 3535 HB 584 414 982 HB 585 65 3689 HB 587 66 3691 HB 589 525 1546 HB 592 67 3693 HB 593 68 3695 HB 594 415 983 HB 595 4 3504 HB 597 69 3699 HB 604 541 1640 HB 605 416 987 HB 607 70 302 HB 608 417 989 HB 609 71 303 HB 611 291 389 HB 612 72 306 HB 614 292 390 HB 615 73 307 HB 616 311 432 HB 619 74 3701 HB 626 418 993 HB 637 419 994 HB 642 537 1606 HB 643 555 1719 HB 646 387 797 HB 647 75 3709 HB 648 420 995 HB 649 76 3724 HB 652 316 456 HB 653 312 434 HB 655 Vetoed HB 656 421 996 HB 657 422 4755 HB 658 423 4761 HB 660 424 997 HB 665 77 3726 HB 667 78 3728 HB 670 425 999 HB 671 426 1000 HB 679 567 1781 HB 684 80 3732 HB 685 79 3730 HB 686 81 3734 HB 688 82 3737 HB 693 427 1002 HB 694 410 971 HB 699 83 3740 HB 700 84 3742 HB 701 85 3745 HB 706 430 1007 HB 709 557 1735 HB 718 431 1009

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HB 730 86 3747 HB 731 432 1009 HB 732 89 3759 HB 733 87 3751 HB 736 88 3753 HB 737 90 3772 HB 739 433 1011 HB 740 91 3776 HB 746 434 1012 HB 752 92 3779 HB 753 93 3783 HB 754 94 3786 HB 758 435 1016 HB 759 Vetoed HB 760 436 1019 HB 763 Vetoed HB 764 95 3792 HB 766 96 3795 HB 769 437 1021 HB 770 97 3796 HB 771 98 3812 HB 772 438 1027 HB 773 580 1850 HB 774 Vetoed HB 776 515 1403 HB 781 99 3814 HB 782 516 1409 HB 785 439 1030 HB 787 100 3817 HB 788 440 1036 HB 789 101 3819 HB 790 102 3821 HB 791 429 1004 HB 792 527 1579 HB 793 441 1038 HB 794 390 810 HB 798 442 1040 HB 800 103 3822 HB 802 104 3825 HB 803 105 3830 HB 804 533 1590 HB 805 106 3837 HB 808 497 1355 HB 809 107 3841 HB 810 108 3843 HB 811 568 1782 HB 813 109 3846 HB 814 443 1042 HB 819 110 3848 HB 820 444 1044 HB 822 445 1045 HB 823 446 1051 HB 830 111 3851 HB 831 112 3855 HB 833 113 3859 HB 841 114 3893 HB 843 115 3911 HB 844 447 1053 HB 845 448 1055 HB 849 449 1056 HB 852 116 3923 HB 853 117 3925 HB 856 118 3928 HB 861 119 3931 HB 863 120 3933 HB 864 121 3935 HB 866 122 3973 HB 867 123 3976 HB 873 124 3986 HB 874 125 3989 HB 876 126 3992 HB 877 127 3995 HB 879 128 3998 HB 880 129 4000 HB 882 130 4038 HB 884 131 4042 HB 885 132 4077 HB 886 450 1058 HB 887 133 4079 HB 889 451 1059 HB 890 134 4081 HB 891 135 4091 HB 894 517 1411 HB 899 136 4093 HB 902 452 1090 HB 905 498 1358 HB 906 453 1092 HB 909 138 4100 HB 911 137 4097 HB 915 139 4101 HB 916 140 4108 HB 917 28 3537 HB 920 141 4110 HB 922 142 4113 HB 923 143 4116 HB 927 13 3511 HB 928 454 1093 HB 929 144 4118

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HB 930 145 4120 HB 931 146 4136 HB 935 147 4155 HB 940 148 4158 HB 941 149 4160 HB 942 150 4165 HB 945 251 4747 HB 947 151 4167 HB 948 152 4172 HB 953 153 4175 HB 957 154 4182 HB 967 155 4183 HB 971 156 4185 HB 973 157 4189 HB 974 158 4191 HB 975 160 4195 HB 976 161 4212 HB 977 162 4228 HB 978 163 4232 HB 979 164 4234 HB 980 165 4236 HB 981 166 4252 HB 982 167 4255 HB 983 168 4259 HB 986 169 4265 HB 987 170 4270 HB 988 171 4274 HB 989 172 4292 HB 990 173 4297 HB 991 174 4313 HB 992 175 4315 HB 995 176 4318 HB 996 177 4320 HB 997 178 4323 HB 998 159 4192 HB 1005 179 4328 HB 1007 180 4334 HB 1008 181 4336 HB 1010 182 4339 HB 1011 183 4359 HB 1012 184 4392 HB 1014 185 4394 HB 1015 186 4413 HB 1016 187 4415 HB 1017 188 4417 HB 1019 31 3547 HB 1020 189 4419 HB 1021 190 4422 HB 1022 191 4427 HB 1023 192 4430 HB 1024 193 4432 HB 1025 194 4434 HB 1026 195 4436 HB 1027 529 4770 HB 1028 196 4457 HB 1032 197 4460 HB 1033 198 4463 HB 1040 18 3526 HB 1046 199 4465 HB 1047 200 4467 HB 1049 201 4470 HB 1051 202 4476 HB 1055 203 4478 HB 1056 204 4481 HB 1058 205 4482 HB 1059 206 4485 HB 1065 207 4487 House Resolution Resolution Act No. Page No. HR 7 50 2035 hr 15 2 1170 HR 16 3 2031 HR 18 4 1171 HR 19 5 1173 HR 40 6 1176 HR 42 7 1177 HR 73 8 1178 HR 74 9 1184 HR 80 10 1189 HR 103 11 1194 HR 104 12 1197 HR 105 2041 HR 107 13 1198 HR 109 14 1199 HR 110 52 1745 HR 119 15 1200 HR 150 16 1201 HR 155 17 1203 HR 156 18 1205 HR 157 19 1206 HR 160 20 1207 HR 162 21 1229 HR 184 22 1230 HR 283 55 2026

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HR 285 23 1231 HR 288 49 2032 HR 290 53 1747 HR 318 24 1233 HR 336 25 1235 HR 337 26 1236 HR 346 27 1237 HR 348 28 1238 HR 349 29 1240 HR 352 Vetoed HR 402 51 1694 Senate Bill Act No. Page No. SB 26 27 288 SB 27 208 4489 SB 34 455 1100 SB 35 293 391 SB 39 456 1101 SB 41 294 394 SB 42 457 1103 SB 43 12 3506 SB 46 458 1105 SB 48 262 330 SB 54 499 1363 SB 57 459 1108 SB 58 460 1109 SB 63 210 4494 SB 64 211 4496 SB 67 500 1365 SB 68 295 399 SB 71 539 1630 SB 72 560 1749 SB 76 212 4498 SB 77 209 4492 SB 80 213 4508 SB 82 19 266 SB 83 214 4512 SB 88 263 332 SB 93 581 1853 SB 94 559 1740 SB 95 543 1653 SB 96 545 1685 SB 97 556 1728 SB 98 548 1690 SB 99 549 1692 SB 100 546 1686 SB 101 552 1707 SB 103 461 1110 SB 107 569 1784 SB 110 538 1608 SB 112 14 135 SB 120 462 1113 SB 123 300 408 SB 126 463 1115 SB 130 383 788 SB 133 264 334 SB 142 501 1371 SB 143 265 335 SB 153 Vetoed SB 154 464 1123 SB 158 582 1861 SB 160 388 799 SB 161 389 801 SB 162 502 1374 SB 163 384 789 SB 167 526 1577 SB 169 386 796 SB 171 482 1166 SB 172 503 1375 SB 175 266 338 SB 176 465 1125 SB 177 561 1751 SB 178 504 1377 SB 179 534 1598 SB 180 570 1800 SB 183 505 1380 SB 184 466 1126 SB 186 467 1129 SB 188 468 1130 SB 189 2 5 SB 192 588 1880 SB 196 506 1386 SB 197 469 1133 SB 201 571 1801 SB 202 572 1804 SB 207 215 4514 SB 208 507 1389 SB 209 518 1419 SB 212 535 1601 SB 213 536 1603 SB 214 216 4517 SB 217 523 1531 SB 221 217 4520 SB 222 296 401 SB 223 218 4524

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SB 224 470 1135 SB 225 519 4767 SB 229 594 1943 SB 230 573 1805 SB 235 267 341 SB 238 297 404 SB 241 219 4540 SB 243 471 1137 SB 252 220 4542 SB 257 221 4545 SB 258 222 4547 SB 267 301 410 SB 272 Vetoed SB 279 574 1821 SB 281 508 1391 SB 282 509 1393 SB 283 268 346 SB 289 8 93 SB 293 223 4550 SB 298 3 3501 SB 299 428 1003 SB 300 235 4626 SB 309 583 1864 SB 311 579 1849 SB 312 472 1140 SB 313 473 1143 SB 321 224 4552 SB 323 298 405 SB 324 474 1145 SB 325 510 1394 SB 327 30 3542 SB 328 524 1543 SB 329 225 4555 SB 332 226 4558 SB 335 575 1823 SB 338 475 1147 SB 342 476 1154 SB 346 477 1155 SB 347 522 1424 SB 348 576 1825 SB 349 227 4564 SB 357 Vetoed SB 359 228 4570 SB 361 229 4604 SB 362 230 4609 SB 366 23 3531 SB 367 511 1396 SB 368 231 4615 SB 370 313 435 SB 373 232 4617 SB 374 478 1157 SB 375 479 1161 SB 376 584 1868 SB 382 Vetoed SB 385 520 1421 SB 386 585 4804 SB 389 480 1164 SB 396 299 406 SB 398 233 4620 SB 399 234 4621 SB 401 236 4637 SB 402 237 4638 SB 403 238 4640 SB 404 239 4643 SB 405 240 4645 SB 406 241 4647 SB 407 481 1165 SB 414 242 4649 SB 416 521 1423 SB 419 243 4668 SB 428 244 4670 SB 437 246 4679 SB 442 247 4681 SB 443 245 4675 SB 446 248 4693 SB 449 249 4696 SB 454 250 4711 Senate Resolution Resolution Act No. Page No. SR 15 30 1241 SR 39 31 1243 SR 40 32 1246 SR 41 33 1250 SR 42 34 1253 SR 44 35 1257 SR 45 36 1260 SR 55 37 1262 SR 67 38 1266 SR 68 39 1271 SR 72 54 2025 SR 90 40 1273 SR 94 41 1277 SR 96 42 1280 SR 106 43 1282

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SR 122 44 1286 SR 129 45 1287 SR 140 46 1289 SR 198 Vetoed SR 213 1 1005 SR 233 47 1294 SR 235 48 1296

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1991 APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1990-1991. No. 1 (House Bill No. 85). AN ACT To Amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the General Appropriations Act approved April 17, 1990 (Ga.L. 1990, p. 2338) in order to make and provide additional appropriations totaling $22,626,000 to permit the State to issue no more than $226,260,000 of general obligation debt; 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 1990-1991, as amended, known as the General Appropriations Act approved April 17, 1990 (Ga. L. 1990, p. 2338) is further amended by creating a new Section 84 which appropriates funds from the mid-year adjustment reserve to the General Obligation Debt Sinking Fund (New) and reads as follows: Section 84. In addition to the appropriation in Section 44 of this General Appropriations Act for State Fiscal Year 1990-1991, for State of Georgia General Obligation Debt Sinking Fund (New), the sum of $22,626,000 is appropriated to the State of Georgia General Obligation Debt Sinking Fund (New) from the

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mid-year adjustment reserve to permit the issuance of no more than $226,260,000 of general obligation debt. The particular 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), $5,800,000 is specifically appropriated for the purpose of financing 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, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $58,000,000 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), $1,500,000 is specifically appropriated for the State Board of Education for the purposes of financing educational facilities for county and independent school systems, and of financing certain public library facilities for county and independent school systems, counties, municipalities and boards of trustees of public library systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing the construction of facilities for 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,

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necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, 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), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human 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, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 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), $1,260,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of 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, including but not necessarily, for the unpaid-for portions of those certain projects of the Board which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $12,600,000 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), $140,000 is specifically appropriated for the purpose of financing

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facilities for 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, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,750,000 is specifically appropriated for the purpose of financing a program of Developmental 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 useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $47,500,000 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), $7,726,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $77,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 11, 1991. LEGISLATIVE SERVICES COMMITTEE MEMBERSHIP. Code Section 28-4-1 Amended. No. 2 (Senate Bill No. 189). AN ACT To amend Code Section 28-4-1, relating to the Legislative Services Committee of the General Assembly, so as to change the composition of 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: Section 1. Code Section 28-4-1, relating to the Legislative Services Committee of the General Assembly, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) There is created the Legislative Services Committee, hereinafter called the committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman of the Appropriations Committee of the Senate, the chairman of the Appropriations Committee of the House of Representatives, the chairman of the Judiciary Committee of the Senate, the chairman of the Judiciary Committee of the House of Representatives, the chairman of the Banking and Financial Institutions Committee of the Senate, the chairman of the Ways and Means Committee of the House of Representatives,

Page 6

the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The Speaker of the House of Representatives shall be chairman of the committee, and the Secretary of the Senate shall be secretary of the committee. Section 2. 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, 1991. AD VALOREM TAXES TAX RETURNS; TIME OF OPENING AND CLOSING BOOKS. Code Section 48-5-18 Amended. No. 5 (House Bill No. 93). AN ACT To amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, is amended by adding at the end a new subsection to read as follows:

Page 7

(k) Unless a different date is provided therefor under subsections (b) through (j) of this Code section, in each county or municipality providing for the collection and payment of advalorem taxes in installments pursuant to Code Section 48-5-23 or any other law, the person authorized to receive tax returns shall open his books for the return of taxes on January 1 and close them no sooner than March 1 and no later than April 1 of each year. Unless the governing authority of a county or municipality subject to this subsection establishes by the last day of February of any year a date for closing books in that year for the return of taxes in that county or municipality, which date is authorized by this subsection, the date for closing such books in that year shall be the date such books were required to be closed in the immediately preceding year. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and is applicable to all taxable years beginning on or after January 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved February 27, 1991. APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1990-1991. No. 6 (House Bill No. 284). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the General Appropriations Act, approved April 17, 1990 (Ga. L. 1990, p. 2338), as amended, so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the General Appropriations Act approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 83, expressly preserving section 84, 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, 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 $7,461,512,616 (including $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Georgia General Assembly $ 22,267,906 Personal Services - Staff $ 11,138,327 Personal Services - Elected Officials $ 3,728,308 Regular Operating Expenses $ 2,286,815 Travel - Staff $ 104,500 Travel - Elected Officials $ 3,500 Capital Outlay $ 0 Equipment $ 124,661 Computer Charges $ 443,554 Real Estate Rentals $ 5,896 Telecommunications $ 670,000 Per Diem, Fees and Contracts -Staff $ 193,179 Per Diem, Fees and Contracts -Elected Officials $ 2,378,166 Photography $ 63,000 Expense Reimbursement Account $ 1,128,000 Total Funds Budgeted $ 22,267,906 State Funds Budgeted $ 22,267,906

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Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,173,328 $ 4,173,328 Lt. Governor's Office $ 603,288 $ 603,288 Secretary of the Senate's Office $ 1,097,551 $ 1,097,551 Total $ 5,874,167 $ 5,874,167 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,487,097 $ 8,487,097 Speaker of the House's Office $ 440,610 $ 440,610 Clerk of the House's Office $ 1,100,372 $ 1,100,372 Total $ 10,028,079 $ 10,028,079 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,255,972 $ 2,255,972 Legislative Fiscal Office $ 2,029,059 $ 2,029,059 Legislative Budget Office $ 842,564 $ 842,564 Ancillary Activities $ 1,238,065 $ 1,238,065 Total $ 6,365,660 $ 6,365,660

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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

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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 $ 15,307,258 Operations Budget: Personal Services $ 12,993,660 Regular Operating Expenses $ 372,246 Travel $ 747,777 Motor Vehicle Purchases $ 0 Equipment $ 9,500 Per Diem, Fees and Contracts $ 32,500 Real Estate Rentals $ 792,014 Computer Charges $ 267,986 Telecommunications $ 91,575 Total Funds Budgeted $ 15,307,258 State Funds Budgeted $ 15,307,258 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 4,532,793 Personal Services $ 3,173,893 Operating Expenses $ 1,358,900 Total Funds Budgeted $ 4,532,793 State Funds Budgeted $ 4,532,793 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 5,696,903 Personal Services $ 4,879,449 Operating Expenses $ 817,454 Total Funds Budgeted $ 5,696,903 State Funds Budgeted $ 5,696,903 Section 5. Superior Courts. Budget Unit: Superior Courts $ 41,500,121 Operation of the Courts $ 38,755,818 Prosecuting Attorneys' Council $ 1,402,370

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Sentence Review Panel $ 155,940 Council of Superior Court Judges $ 97,659 Judicial Administrative Districts $ 1,073,334 Habeas Corpus Clerk $ 15,000 Total Funds Budgeted $ 41,500,121 State Funds Budgeted $ 41,500,121 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 833,373 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education $ 584,242 Institute's Operations $ 453,712 Georgia Magistrate Courts Training Council $ 130,530 Total Funds Budgeted $ 584,242 State Funds Budgeted $ 584,242 Section 8. Judicial Council. Budget Unit: Judicial Council $ 1,965,599 Council Operations $ 894,288 Payments to Judicial Administrative Districts for Case Counting $ 76,500 Board of Court Reporting $ 35,689 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 $ 1,965,599 State Funds Budgeted $ 1,965,599 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 124,316

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Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council $ 996,945 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 38,530,149 Administration and Services Budget: Personal Services $ 49,418,885 Regular Operating Expenses $ 10,994,340 Travel $ 323,550 Motor Vehicle Purchases $ 434,500 Equipment $ 2,098,708 Computer Charges $ 8,541,664 Real Estate Rentals $ 3,704,822 Telecommunications $ 1,297,980 Per Diem, Fees and Contracts $ 459,800 Rents and Maintenance Expense $ 12,918,050 Utilities $ 37,900 Payments to DOAS Fiscal Administration $ 2,000,000 Capital Outlay $ 362,000 Direct Payments to Georgia Building Authority for Operations $ 2,267,412 Telephone Billings $ 38,345,900 Materials for Resale $ 14,600,000 Public Safety Officers Indemnity Fund $ 304,400 Health Planning Review Board Operations $ 37,600 Georgia Golf Hall of Fame Operations $ 23,500 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 1,300,000 Grants to Municipalities $ 2,100,000 Total Funds Budgeted $ 151,571,011 State Funds Budgeted $ 38,530,149

Page 14

Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 412,552 $ 412,552 Departmental Administration $ 4,734,782 $ 4,703,581 Treasury and Fiscal Administration $ 12,847,466 $ 10,847,466 Central Supply Administration $ 14,455,832 $ 0 Procurement Administration $ 2,962,205 $ 2,962,205 General Services Administration $ 912,683 $ 0 Space Management Administration $ 548,193 $ 548,193 Data Processing Services $ 49,357,384 $ 13,206,152 Motor Vehicle Services $ 4,099,033 $ 0 Communication Services $ 49,496,178 $ 5,850,000 Printing Services $ 6,938,867 $ 0 Surplus Property Services $ 1,716,067 $ 0 Mail and Courier Services $ 1,012,865 $ 0 Risk Management Services $ 2,076,904 $ 0 Total $ 151,571,011 $ 38,530,149

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B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 20,842,102 Regular Operating Expenses $ 5,091,403 Travel $ 26,794 Motor Vehicle Purchases $ 244,000 Equipment $ 167,706 Computer Charges $ 52,434 Real Estate Rentals $ 17,357 Telecommunications $ 120,456 Per Diem, Fees and Contracts $ 146,000 Capital Outlay $ 3,235,000 Utilities $ 7,966,638 Contractual Expense $ 230,422 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 38,140,312 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 2,018,096 $ 0 Custodial $ 5,249,281 $ 0 Maintenance $ 4,935,623 $ 0 Security $ 5,402,724 $ 0 Van Pool $ 363,301 $ 0 Sales $ 5,408,063 $ 0 Administration $ 13,640,758 $ 0 Railroad Excursions $ 1,122,466 $ 0

Page 16

Facility Renovations $ 0 $ 0 Total $ 38,140,312 $ 0 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $ 114,641 Operations Budget: Personal Services $ 3,482,825 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 Total Funds Budgeted $ 7,649,066 State Funds Budgeted $ 114,641 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 34,620,486 State Operations Budget: Personal Services $ 30,479,488 Regular Operating Expenses $ 3,530,183 Travel $ 930,524 Motor Vehicle Purchases $ 521,608 Equipment $ 90,500 Computer Charges $ 370,676 Real Estate Rentals $ 731,153 Telecommunications $ 395,000 Per Diem, Fees and Contracts $ 238,461 Market Bulletin Postage $ 700,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,347,886 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,004,106

Page 17

Veterinary Fees $ 412,000 Indemnities $ 84,000 Bee Indemnities $ 60,000 Advertising Contract $ 193,000 Payments to Georgia Agrirama Development Authority for Operations $ 560,790 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 350,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 56,400 Tick Control Program $ 40,000 Poultry Indemnities $ 0 Total Funds Budgeted $ 44,095,775 State Funds Budgeted $ 34,620,486 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 5,110,648 $ 4,761,648 Animal Industry $ 6,810,361 $ 6,501,361 Marketing $ 1,951,744 $ 1,906,940 General Field Forces $ 3,723,702 $ 3,723,702 Internal Administration $ 4,445,116 $ 4,377,319 Information and Education $ 1,475,710 $ 1,475,710 Fuel and Measures $ 3,027,459 $ 3,011,872 Consumer Protection Field Forces $ 6,362,647 $ 4,661,287 Meat Inspection $ 4,282,923 $ 1,607,132

Page 18

Major Markets $ 4,321,193 $ 701,243 Seed Technology $ 417,045 $ 0 Entomology and Pesticides $ 2,167,227 $ 1,892,272 Total $ 44,095,775 $ 34,620,486 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 670,499 Regular Operating Expenses $ 164,436 Travel $ 5,450 Motor Vehicle Purchases $ 0 Equipment $ 5,494 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 7,933 Per Diem, Fees and Contracts $ 36,167 Capital Outlay $ 203,300 Goods for Resale $ 95,000 Total Funds Budgeted $ 1,188,279 State Funds Budgeted $ 0 Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 6,847,667 Administration and Examination Budget: Personal Services $ 5,674,646 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

Page 19

Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 6,847,667 State Funds Budgeted $ 6,847,667 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 14,906,617 State Operations Budget: Personal Services $ 5,717,898 Regular Operating Expenses $ 281,022 Travel $ 170,207 Motor Vehicle Purchases $ 0 Equipment $ 20,560 Computer Charges $ 123,509 Real Estate Rentals $ 482,916 Telecommunications $ 55,783 Per Diem, Fees and Contracts $ 142,000 Capital Felony Expenses $ 0 Contracts with Regional Development Commissions $ 2,467,500 Local Assistance Grants $ 1,371,520 Applachian Regional Commission Assessment $ 110,959 Community Development Block Grants (Federal) $ 30,000,000 Music Hall of Fame $ 47,000 Local Development Fund $ 950,000 Payment to Georgia Residential Finance Authority $ 5,000,000 Payment to Georgia Environmental Facilities Authority for 446,894 Total Funds Budgeted $ 47,387,768 State Funds Budgeted $ 14,906,617 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 928,202 $ 900,702 Technical Assistance $ 1,426,506 $ 1,247,487

Page 20

Financial Assistance $ 42,316,019 $ 10,216,100 Rural Development $ 1,145,021 $ 1,105,021 Coordinated Planning $ 1,572,020 $ 1,437,307 Total $ 47,387,768 $ 14,906,617 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 437,152,821 Personal Services $ 316,056,420 Regular Operating Expenses $ 40,081,330 Travel $ 1,782,416 Motor Vehicle Purchases $ 4,009,000 Equipment $ 4,645,861 Computer Charges $ 2,866,969 Real Estate Rentals $ 4,518,421 Telecommunications $ 3,727,604 Per Diem, Fees and Contracts $ 2,366,202 Capital Outlay $ 105,000 Utilities $ 11,550,000 Court Costs $ 433,101 County Subsidy $ 12,775,000 County Subsidy for Jails $ 8,700,000 County Workcamp Construction Grants $ 0 Grants for Local Jails $ 0 Central Repair Fund $ 783,750 Payments to Central State Hospital for Meals $ 3,652,000 Payments to Central State Hospital for Utilities $ 1,276,000 Payments to Public Safety for Meals $ 438,000 Inmate Release Fund $ 1,513,011 Health Services Purchases $ 20,902,736 Payments to MAG for Health Care Certification $ 50,000 University of Georgia -Cooperative Extension Service Contracts $ 325,000 Minor Construction Fund $ 2,000,000

Page 21

Authority Lease Rentals $ 100,000 Total Funds Budgeted $ 444,657,821 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 437,152,821 Departmental Functional Budgets Total Funds State Funds Administration $ 53,707,206 $ 53,209,206 Institutions and Support $ 313,700,490 $ 313,353,490 Probation $ 77,250,125 $ 70,590,125 Total $ 444,657,821 $ 437,152,821 B. Budget Unit: Board of Pardons and Paroles $ 35,000,340 Board of Pardons and Paroles Budget: Personal Services $ 28,064,493 Regular Operating Expenses $ 1,157,777 Travel $ 819,034 Motor Vehicle Purchases $ 316,500 Equipment $ 200,678 Computer Charges $ 444,000 Real Estate Rentals $ 2,151,754 Telecommunications $ 1,031,321 Per Diem, Fees and Contracts $ 627,951 County Jail Subsidy $ 608,000 Health Services Purchases $ 5,000 Total Funds Budgeted $ 35,426,508 State Funds Budgeted $ 35,000,340 Section 17. Department of Defense. Budget Unit: Department of Defense $ 8,197,999 Operations Budget: Personal Services $ 8,381,101 Regular Operating Expenses $ 4,383,508 Travel $ 73,382

Page 22

Motor Vehicle Purchases $ 0 Equipment $ 41,300 Computer Charges $ 23,125 Real Estate Rentals $ 6,260 Telecommunications $ 144,673 Per Diem, Fees and Contracts $ 212,535 Grants to Locals - Emergency Management Assistance $ 1,044,200 Grants - Others $ 51,000 Civil Air Patrol Contract $ 38,304 Capital Outlay $ 5,720 Repairs and Renovations $ 20,900 Disaster Relief Payments $ 12,000,000 Total Funds Budgeted $ 26,426,008 State Funds Budgeted $ 8,197,999 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,353,518 $ 1,269,207 Georgia Emergency Management Agency $ 15,339,945 $ 4,025,883 Georgia Air National Guard $ 3,482,103 $ 559,533 Georgia Army National Guard $ 6,250,442 $ 2,343,376 Total $ 26,426,008 $ 8,197,999 Section 18. State Board of Education - Department of Education. Budget Unit: Department of Education $ 2,845,332,437 Operations: Personal Services $ 42,957,830 Regular Operating Expenses $ 4,782,367 Travel $ 1,576,768 Motor Vehicle Purchases $ 0

Page 23

Equipment $ 467,352 Computer Charges $ 4,270,476 Real Estate Rentals $ 2,580,581 Telecommunications $ 1,546,190 Per Diem, Fees and Contracts $ 16,491,404 Utilities $ 710,604 Capital Outlay $ 35,000 QBE Formula Grants: Kindergarten\Grades 1 - 3 $ 709,643,957 Grades 4 - 8 $ 569,167,468 Grades 9 - 12 $ 262,559,186 High School Laboratories $ 79,999,286 Vocational Education Laboratories $ 87,709,279 Special Education $ 201,399,631 Gifted $ 26,831,040 Remedial Education $ 50,972,410 Staff Development and Professional Development $ 22,006,549 Media $ 76,796,053 Indirect Cost $ 659,154,549 Pupil Transportation $ 115,789,637 Mid-Term Adjustment $ 50,844,336 Local Fair Share $ (517,913,074) Other Categorical Grants: Equalization Formula $ 143,513,105 Sparsity Grants $ 3,517,069 In School Suspension $ 15,041,537 Special Instructional Assistance $ 22,219,966 Middle School Incentive $ 33,204,570 Special Education Low -Incidence Grants $ 243,571 Non-QBE Grants: Education of Children of Low-Income Families $ 144,506,506 Retirement (H.B. 272 and H.B. 1321) $ 3,000,000 Instructional Services for the Handicapped $ 27,451,566 Removal of Architectural Barriers $ 0 Tuition for the Multi-Handicapped $ 2,300,000 Severely Emotionally Disturbed $ 36,736,058 School Lunch (Federal) $ 113,396,789 School Lunch (State) $ 24,601,553

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Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,057,263 Regional Education Service Agencies $ 6,786,750 Georgia Learning Resources System $ 4,514,231 High School Program $ 17,283,398 Special Education in State Institutions $ 3,628,600 Governor's Scholarships $ 940,743 Special Projects $ 1,109,408 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 266,540 Salaries and Travel of Public Librarians $ 10,122,041 Public Library Materials $ 4,267,290 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 $ 14,101,678 Innovative Programs $ 1,707,789 Technology Grants $ 150,000 Limited English - Speaking Students Program $ 4,237,867 Drug Free School (Federal) $ 9,016,723 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) $ 216,000 QBE Weights Adjustment $ 0 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 59,583,875 Pre-School Handicapped Program $ 1,360,000 Mentor Teachers $ 0 Middle School Counselors $ 3,750,002 Total Funds Budgeted $ 3,223,267,386

Page 25

Indirect DOAS Services Funding $ 0 State Funds Budgeted $ 2,845,332,437 Education Functional Budgets Total Funds State Funds State Administration $ 9,552,570 $ 8,937,329 Instructional Programs $ 18,096,325 $ 8,686,221 Governor's Honors Program $ 1,188,775 $ 1,111,479 Administrative Services $ 10,987,669 $ 6,984,786 Evaluation and Personnel Development $ 13,591,483 $ 13,134,675 Special Services $ 4,303,572 $ 2,881,852 Professional Standards Commission $ 346,465 $ 346,465 Professional Practices Commission $ 677,656 $ 677,656 Local Programs $ 3,147,848,814 $ 2,787,021,840 Georgia Academy for the Blind $ 4,502,034 $ 4,243,672 Georgia School for the Deaf $ 7,140,493 $ 6,834,983 Atlanta Area School for the Deaf $ 5,031,530 $ 4,471,479 Total $ 3,223,267,386 $ 2,845,332,437

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Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 1,367,057 Regular Operating Expenses $ 225,050 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 $ 836,250 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 2,965,357 State Funds Budgeted $ 0 Section 20. Forestry Commission. Budget Unit: Forestry Commission $ 34,417,892 State Operations Budget: Personal Services $ 29,303,911 Regular Operating Expenses $ 6,000,889 Travel $ 174,520 Motor Vehicle Purchases $ 618,778 Equipment $ 1,389,191 Computer Charges $ 96,083 Real Estate Rentals $ 40,224 Telecommunications $ 995,304 Per Diem, Fees and Contracts $ 554,485 Contractual Research $ 236,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 0 Ware County Grant for Southern Forest World $ 28,200 Ware County Grant for Road Maintenance $ 60,000 Wood Energy Program $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 39,497,585 State Funds Budgeted $ 34,417,892

Page 27

Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,001,270 $ 1,355,270 Field Services $ 33,007,918 $ 30,574,225 Wood Energy $ 0 $ 0 General Administration and Support $ 2,488,397 $ 2,488,397 Total $ 39,497,585 $ 34,417,892 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 36,408,707 Operations Budget: Personal Services $ 26,595,362 Regular Operating Expenses $ 2,295,807 Travel $ 491,361 Motor Vehicle Purchases $ 1,306,418 Equipment $ 520,737 Computer Charges $ 601,906 Real Estate Rentals $ 1,841,500 Telecommunications $ 1,871,456 Per Diem, Fees and Contracts $ 457,286 Evidence Purchased $ 420,000 Capital Outlay $ 6,874 Total Funds Budgeted $ 36,408,707 Total State Funds Budgeted $ 36,408,707 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,092,470 $ 3,092,470 Drug Enforcement $ 8,418,122 $ 8,418,122 Investigative $ 11,427,606 $ 11,427,606

Page 28

Georgia Crime Information Center $ 6,586,607 $ 6,586,607 Forensic Sciences $ 6,883,902 $ 6,883,902 Total $ 36,408,707 $ 36,408,707 Section 22. Office of the Governor. Budget Unit: Office of the Governor $ 20,102,690 Personal Services $ 9,573,177 Regular Operating Expenses $ 494,830 Travel $ 182,329 Motor Vehicle Purchases $ 0 Equipment $ 67,666 Computer Charges $ 252,113 Real Estate Rentals $ 805,769 Telecommunications $ 177,246 Per Diem, Fees and Contracts $ 33,094,341 Cost of Operations $ 2,831,820 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,125,000 Intern Stipends and Travel $ 152,280 Art Grants of State Funds $ 2,825,201 Art Grants of Non-State Funds $ 325,910 Humanities Grant - State Funds $ 47,500 Art Acquisitions - State Funds $ 0 Children's Trust Fund Grants $ 0 Children and Youth Grants $ 95,000 Juvenile Justice Grants $ 1,349,936 Payments to Hazardous Waste Management Authority $ 232,000 Transition Fund $ 50,000 Total Funds Budgeted $ 55,722,118 State Funds Budgeted $ 20,102,690 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,199,100 $ 6,199,100

Page 29

Office of Fair Employment Practices $ 879,234 $ 799,234 Office of Planning and Budget $ 4,908,051 $ 4,908,051 Council for the Arts $ 3,853,272 $ 3,334,272 Office of Consumer Affairs $ 2,297,507 $ 2,297,507 State Energy Office $ 33,238,243 $ 359,999 Vocational Education Advisory Council $ 332,972 $ 132,972 Office of Consumers' Utility Council $ 627,027 $ 627,027 Criminal Justice Coordinating Council $ 732,858 $ 463,552 Juvenile Justice Coordinating Council $ 1,608,150 $ 461,150 Commission on Children and Youth $ 359,781 $ 359,781 Human Relations Commission $ 160,045 $ 160,045 Governor's Commission on Drug Awareness and Prevention $ 525,878 $ 0 Total $ 55,722,118 $ 20,102,690 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations $ 520,455,808 1. General Administration and Support Budget: Personal Services $ 65,739,430

Page 30

Regular Operating Expenses $ 3,914,531 Travel $ 1,738,450 Motor Vehicle Purchases $ 820,148 Equipment $ 204,802 Computer Charges $ 3,028,748 Real Estate Rentals $ 5,857,333 Telecommunications $ 1,377,453 Per Diem, Fees and Contracts $ 3,372,975 Utilities $ 390,975 Postage $ 1,527,830 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 173,473 Payments to DMA -Community Care $ 11,107,637 Service Benefits for Children $ 13,382,850 Special Purpose Contracts $ 334,675 Purchase of Service Contracts $ 36,378,760 Total Funds Budgeted $ 149,350,070 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 68,073,809 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 787,226 $ 787,226 Administrative Appeals $ 1,818,231 $ 1,818,231 Administrative Policy, Coordination, and Direction $ 349,579 $ 349,579 Personnel $ 1,823,231 $ 1,823,231 Indirect Cost $ 0 $ (7,200,934) Facilities Management $ 5,204,280 $ 3,693,947 Public Affairs $ 596,336 $ 596,336

Page 31

Community/Intergovernmental Affairs $ 778,847 $ 778,847 Budget Administration $ 1,717,779 $ 1,717,779 Financial Services $ 5,412,539 $ 5,212,539 Auditing Services $ 2,087,547 $ 2,087,547 Special Projects $ 616,360 $ 616,360 Office Of Children and Youth $ 13,382,850 $ 12,795,132 Planning Councils $ 553,783 $ 153,822 Community Services Block Grant $ 8,904,284 $ 0 Regulatory Services - Program Direction and Support $ 860,357 $ 850,357 Child Care Licensing $ 2,661,234 $ 2,661,234 Laboratory Improvement $ 838,227 $ 494,860 Health Care Facilities Regulation $ 6,081,656 $ 1,415,779 Radiological Health $ 329,428 $ 246,928 Fraud and Abuse $ 6,191,260 $ 391,403 Child Support Recovery $ 31,698,519 $ 4,805,385 Support Services $ 13,244,160 $ 12,316,515 Aging Services $ 41,916,599 $ 18,218,948

Page 32

State Health Planning and Development Agency $ 1,495,758 $ 1,442,758 Total $ 149,350,070 $ 68,073,809 2. Public Health Budget: Personal Services $ 51,661,331 Regular Operating Expenses $ 60,108,981 Travel $ 1,186,683 Motor Vehicle Purchases $ 0 Equipment $ 115,937 Computer Charges $ 579,634 Real Estate Rentals $ 1,104,808 Telecommunications $ 716,884 Per Diem, Fees and Contracts $ 3,466,125 Utilities $ 0 Postage $ 113,030 Crippled Children Clinics $ 640,000 Grants for Regional Intensive Infant Care $ 0 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,600,000 Kidney Disease Benefits $ 381,572 Cancer Control Benefits $ 2,837,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 1,858,000 Family Planning Benefits $ 515,582 Grant-In-Aid to Counties $ 70,042,904 Purchase of Service Contracts $ 12,929,928 Special Purpose Contracts $ 6,225,350 Total Funds Budgeted $ 224,139,219 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 127,744,384 Public Health Functional Budgets Total Funds State Funds Director's Office $ 855,914 $ 658,689

Page 33

Employees' Health $ 309,015 $ 244,015 Health Program Management $ 1,315,165 $ 1,230,165 Vital Records $ 1,890,712 $ 1,718,061 Health Services Research $ 1,035,974 $ 813,156 Primary Health Care $ 1,047,230 $ 970,430 Stroke and Heart Attack Prevention $ 1,985,367 $ 1,455,367 Epidemiology $ 1,193,047 $ 847,265 Immunization $ 688,337 $ 0 Sexually Transmitted Diseases $ 1,927,417 $ 300,619 Community Tuberculosis Center $ 1,819,163 $ 1,521,218 Family Health Management $ 13,162,551 $ 7,069,726 Infant and Child Health $ 5,638,233 $ 4,403,818 Maternal Health - Perinatal $ 3,207,808 $ 666,936 Family Planning $ 10,286,692 $ 6,253,452 Malnutrition $ 60,865,998 $ 0 Dental Health $ 1,740,391 $ 1,530,216 Children's Medical Services $ 12,357,161 $ 10,114,191 Chronic Disease $ 1,327,409 $ 1,327,409

Page 34

Diabetes $ 686,517 $ 686,517 Cancer Control $ 4,014,001 $ 3,898,143 Environmental Health $ 1,333,477 $ 919,705 Laboratory Services $ 5,502,135 $ 5,313,408 Emergency Health $ 2,991,980 $ 1,931,480 District Health Administration $ 10,704,549 $ 10,574,874 Newborn Follow-Up Care $ 974,898 $ 776,547 Sickle Cell, Vision and Hearing $ 3,694,670 $ 3,189,110 High-Risk Pregnant Women and Infants $ 3,974,324 $ 3,974,324 Grant in Aid to Counties $ 57,479,391 $ 50,468,142 Community Health Management $ 491,240 $ 408,108 Community Care $ 3,202,228 $ 1,238,100 Aids $ 6,436,225 $ 3,241,193 Total $ 224,139,219 $ 127,744,384 3. Rehabilitation Services Budget: Personal Services $ 68,575,270 Regular Operating Expenses $ 10,105,001 Travel $ 799,782 Motor Vehicle Purchases $ 115,275 Equipment $ 474,681 Computer Charges $ 2,025,090 Real Estate Rentals $ 3,272,696 Telecommunications $ 1,434,453 Per Diem, Fees and Contracts $ 4,575,550

Page 35

Utilities $ 977,500 Capital Outlay $ 0 Postage $ 429,550 Institutional Repairs and Maintenance $ 330,660 Case Services $ 16,292,650 E.S.R.P. Case Services $ 27,000 Special Purpose Contracts $ 929,640 Purchase of Services Contracts $ 7,619,116 Total Funds Budgeted $ 117,983,914 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,817,916 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 4,062,482 $ 1,243,795 Grants Management $ 1,024,272 $ 868,847 State Rehabilitation Facilities $ 7,621,581 $ 1,294,708 Roosevelt Warm Springs Institute $ 19,942,394 $ 5,305,124 Georgia Factory for the Blind $ 13,272,503 $ 765,195 Disability Adjudication $ 25,152,124 $ 0 Production Workshop $ 817,995 $ 0 District Field Services $ 36,984,464 $ 7,651,086 Independent Living $ 548,859 $ 343,859 Sheltered Employment $ 1,645,390 $ 778,452 Community Facilities $ 6,467,165 $ 6,137,165

Page 36

Bobby Dodd Workshop $ 444,685 $ 429,685 Total $ 117,983,914 $ 24,817,916 4. Family and Children Services Budget: Personal Services $ 14,655,087 Regular Operating Expenses $ 1,517,281 Travel $ 409,604 Motor Vehicle Purchases $ 0 Equipment $ 56,117 Computer Charges $ 15,781,856 Real Estate Rentals $ 242,803 Telecommunications $ 1,296,064 Per Diem, Fees and Contracts $ 5,729,970 Utilities $ 9,373 Postage $ 1,701,359 Cash Benefits $ 365,122,429 Grants to County DFACS - Operations $ 222,230,763 Service Benefits for Children $ 61,964,137 Special Purpose Contracts $ 3,572,934 Purchase of Service Contracts $ 2,247,160 Children's Trust Fund $ 1,179,130 Total Funds Budgeted $ 697,716,067 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 299,819,699 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,398,919 $ 0 AFDC Payments $ 354,526,410 $ 136,438,948 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 10,051,000 $ 0

Page 37

County DFACS Operations - Social Services $ 64,671,913 $ 14,865,328 County DFACS Operations - Eligibility $ 99,013,654 $ 49,282,244 County DFACS Operations - Joint and Administration $ 47,870,281 $ 23,631,061 County DFACS Operations - Homemakers Services $ 7,266,023 $ 7,266,023 Food Stamp Issuance $ 2,512,000 $ 0 Director's Office $ 821,768 $ 821,768 Administrative Support $ 4,630,778 $ 3,771,485 Regional Administration $ 3,992,563 $ 3,992,563 Public Assistance $ 4,831,158 $ 2,313,519 Management Information Systems $ 18,647,119 $ 7,593,519 Social Services $ 2,825,993 $ 2,825,993 Indirect Cost $ 0 $ (7,013,128) Employability Benefits $ 2,971,311 $ 1,465,696 Legal Services $ 1,976,046 $ 1,976,046 Family Foster Care $ 26,346,790 $ 18,768,142 Institutional Foster Care $ 3,417,626 $ 2,946,000 Specialized Foster Care $ 1,374,279 $ 1,179,601 Adoption Supplement $ 4,613,880 $ 3,373,991

Page 38

Day Care $ 23,747,656 $ 16,415,983 Home Management - Contracts $ 145,000 $ 145,000 Outreach - Contracts $ 736,032 $ 736,032 Special Projects $ 1,319,763 $ 1,297,308 Program Support $ 3,291,983 $ 3,135,356 County DFACS Operations - Employability Program $ 3,408,892 $ 1,283,991 Children's Trust Fund Commission $ 1,307,130 $ 1,307,130 Total $ 697,716,067 $ 299,819,699 Budget Unit Object Classes: Personal Services $ 200,631,118 Regular Operating Expenses $ 75,645,794 Travel $ 4,134,519 Motor Vehicle Purchases $ 935,423 Equipment $ 851,537 Computer Charges $ 21,415,328 Real Estate Rentals $ 10,477,640 Telecommunications $ 4,824,854 Per Diem, Fees and Contracts $ 17,144,620 Utilities $ 1,377,848 Postage $ 3,771,769 Capital Outlay $ 0 Grants for Regional Intensive Infant Care $ 0 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,600,000 Crippled Children Clinics $ 640,000 Kidney Disease Benefits $ 381,572 Cancer Control Benefits $ 2,837,470 Benefits for Medically Indigent

Page 39

High-Risk Pregnant Women and Their Infants $ 1,858,000 Family Planning Benefits $ 515,582 Grant-In-Aid to Counties $ 70,042,904 Payments to DMA-Community Care $ 11,107,637 Service Benefits for Children $ 75,346,987 Case Services $ 16,292,650 E.S.R.P. Case Services $ 27,000 Cash Benefits $ 365,122,429 Grants for County DFACS - Operations $ 222,230,763 Institutional Repairs and Maintenance $ 504,133 Special Purpose Contracts $ 11,062,599 Purchase of Service Contracts $ 59,174,964 Children's Trust Fund $ 1,179,130 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 506,829,069 Departmental Operations: Personal Services $ 401,295,345 Regular Operating Expenses $ 37,739,661 Travel $ 1,147,608 Motor Vehicle Purchases $ 221,435 Equipment $ 1,963,998 Computer Charges $ 4,688,467 Real Estate Rentals $ 1,206,036 Telecommunications $ 3,126,589 Per Diem, Fees and Contracts $ 7,215,453 Utilities $ 13,764,881 Capital Outlay $ 0 Authority Lease Rentals $ 770,000 Institutional Repairs and Maintenance $ 1,689,603 Grants to County-Owned Detention Centers $ 2,623,270 Substance Abuse Community Services $ 45,092,837 Mental Retardation Community Services $ 91,314,665 Mental Health Community Services $ 18,607,105 Community Mental Health Center Services $ 61,226,517 Special Purpose Contract $ 1,515,144 Service Benefits for Children $ 5,590,730

Page 40

Purchase of Service Contracts $ 588,664 Total Funds Budgeted $ 701,388,008 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 506,829,069 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,546,761 $ 25,403,204 Georgia Retardation Center $ 31,756,997 $ 13,217,415 Georgia Mental Health Institute $ 31,201,224 $ 26,122,414 Georgia Regional Hospital at Augusta $ 23,463,965 $ 20,349,485 Northwest Regional Hospital at Rome $ 29,834,980 $ 22,344,776 Georgia Regional Hospital at Atlanta $ 30,886,052 $ 22,902,993 Central State Hospital $ 134,408,408 $ 84,675,704 Georgia Regional Hospital at Savannah $ 25,928,963 $ 21,249,636 Gracewood State School and Hospital $ 47,282,160 $ 23,655,290 West Central Georgia Regional Hospital $ 23,726,388 $ 18,520,767 Outdoor Therapeutic Program $ 3,341,322 $ 2,490,671

Page 41

Mental Health Community Assistance $ 9,920,142 $ 9,836,812 Mental Retardation Community Assistance $ 4,550,076 $ 2,969,325 Developmental Disabilities Grant $ 996,008 $ 0 Day Care Centers for Mentally Retarded $ 69,104,960 $ 41,368,960 Supportive Living $ 18,273,624 $ 18,273,624 Georgia State Foster Grandparents/Senior Companion Program $ 691,549 $ 663,084 Project Rescue $ 479,632 $ 479,632 Drug Abuse Contracts $ 4,670,723 $ 1,452,528 Community Mental Health Center Services $ 61,226,517 $ 47,796,697 Project ARC $ 397,124 $ 397,124 Metro Drug Abuse Centers $ 1,413,128 $ 1,191,128 Group Homes for Autistic Children $ 274,923 $ 274,923 Project Friendship $ 333,481 $ 333,481 Community Mental Retardation Staff $ 3,876,960 $ 3,876,960 Community Mental Retardation Residential Services $ 16,828,051 $ 16,828,051

Page 42

Contract with Clayton County Board of Education for Autistic Children $ 75,773 $ 75,773 MH/MR/SA Administration $ 10,566,068 $ 7,269,310 Regional Youth Development Centers $ 19,659,650 $ 19,169,650 Milledgeville State YDC $ 10,956,059 $ 10,568,206 Augusta State YDC $ 7,647,101 $ 7,571,658 Atlanta State YDC $ 4,095,009 $ 3,970,286 Macon State YDC $ 4,047,608 $ 3,602,880 Court Services $ 13,707,081 $ 13,707,081 Community Treatment Centers $ 2,844,463 $ 2,844,463 Day Centers $ 1,016,627 $ 1,016,627 Group Homes $ 718,903 $ 718,903 Purchased Services $ 7,078,135 $ 6,078,135 Runaway Investigation/Interstate Compact $ 727,034 $ 727,034 Assessment and Classification $ 450,390 $ 450,390 Youth Services Administration $ 2,383,989 $ 2,383,989 Total $ 701,388,008 $ 506,829,069

Page 43

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade $ 16,806,179 State Operations Budget: Personal Services $ 7,723,943 Regular Operating Expenses $ 1,381,906 Travel $ 332,191 Motor Vehicle Purchases $ 0 Equipment $ 31,572 Computer Charges $ 114,640 Real Estate Rentals $ 646,358 Telecommunications $ 210,500 Per Diem, Fees and Contracts $ 259,613 Local Welcome Center Contracts $ 234,800 Advertising and Cooperative Advertising $ 4,814,110 Georgia Ports Authority Authority Lease Rentals $ 1,785,000 Historic Chattahoochee Commission Contract $ 84,600 Georgia Council for International Visitors $ 23,500 Waterway Development in Georgia $ 47,000 Georgia Music Week Promotion $ 33,250 Georgia World Congress Center Operating Expenses $ 0 Contract - Georgia Association of Broadcasters $ 49,820 Southern Center for International Studies $ 23,500 Capital Outlay $ 0 Total Funds Budgeted $ 17,796,303 State Funds Budgeted $ 16,806,179 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 4,489,997 $ 3,679,997 Economic Development $ 5,356,668 $ 5,196,668

Page 44

Tourism $ 7,949,638 $ 7,929,514 Total $ 17,796,303 $ 16,806,179 Section 25. Department of Insurance. Budget Unit: Department of Insurance $ 13,079,103 Operations Budget: Personal Services $ 11,333,542 Regular Operating Expenses $ 563,961 Travel $ 551,170 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 $ 0 Total Funds Budgeted $ 13,934,175 State Funds Budgeted $ 13,079,103 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 2,250,634 $ 2,250,634 Insurance Regulation $ 6,096,318 $ 5,951,318 Industrial Loans Regulation $ 626,668 $ 626,668 Fire Safety and Mobile Home Regulations $ 4,960,555 $ 4,250,483 Total $ 13,934,175 $ 13,079,103 Section 26. Department of Labor. Budget Unit: Department of Labor $ 7,399,923 State Operations: Personal Services $ 62,811,602 Regular Operating Expenses $ 5,381,433

Page 45

Travel $ 1,021,174 Motor Vehicle Purchases $ 0 Equipment $ 458,221 Computer Charges $ 3,566,198 Real Estate Rentals $ 1,243,596 Telecommunications $ 1,415,647 Per Diem, Fees and Contracts (JTPA) $ 64,634,911 Per Diem, Fees and Contracts $ 1,787,506 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,078 Capital Outlay $ 1,143,000 Total Funds Budgeted $ 145,237,366 State Funds Budgeted $ 7,399,923 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 5,652,020 $ 898,387 Administrative Services $ 18,347,911 $ 2,912,431 Employment and Training Services $ 121,237,435 $ 3,589,105 Total $ 145,237,366 $ 7,399,923 Section 27. Department of Law. Budget Unit: Department of Law $ 9,302,692 Attorney General's Office Budget: Personal Services $ 8,187,485 Regular Operating Expenses $ 423,635 Travel $ 131,057 Motor Vehicle Purchases $ 0 Equipment $ 11,205 Computer Charges $ 223,905 Real Estate Rentals $ 462,241 Telecommunications $ 98,164 Per Diem, Fees and Contracts $ 265,000 Books for State Library $ 110,000 Total Funds Budgeted $ 9,912,692 State Funds Budgeted $ 9,302,692

Page 46

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 701,227,932 Departmental Operations Budget: Personal Services $ 12,868,586 Regular Operating Expenses $ 524,904 Travel $ 122,670 Motor Vehicle Purchases $ 0 Equipment $ 45,678 Computer Charges $ 14,951,850 Real Estate Rentals $ 935,973 Telecommunications $ 389,377 Per Diem, Fees and Contracts $ 42,137,563 Medicaid Benefits, Penalties and Disallowances $ 1,875,959,702 Payments to Counties for Mental Health $ 33,630,480 Audit Contracts $ 772,500 SFY 1990 Benefits $ 14,711,896 Total Funds Budgeted $ 1,997,051,179 State Funds Budgeted $ 701,227,932 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 7,382,605 $ 3,259,934 Program Management $ 37,396,700 $ 1,900,123 Systems Management $ 17,242,891 $ 4,774,290 Administration $ 2,809,826 $ 449,218 Program Integrity $ 4,554,687 $ 1,754,419 Institutional Policy and Reimbursement $ 3,362,392 $ 1,629,659 Benefits, Penalties and Disallowances $ 1,924,302,078 $ 687,460,289 Total $ 1,997,051,179 $ 701,227,932

Page 47

B. Budget Unit: Indigent Trust Fund $ 35,512,616 Indigent Trust Fund Budget: Per Diem, Fees and Contracts $ 721,239 Benefits $ 91,351,916 Total Funds Budgeted $ 92,073,155 State Funds Budgeted $ 35,512,616 Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Department Operations Budget: Personal Services $ 8,236,268 Regular Operating Expenses $ 1,772,096 Travel $ 84,509 Equipment $ 52,553 Computer Charges $ 3,022,096 Real Estate Rentals $ 885,042 Telecommunications $ 415,177 Per Diem, Fees and Contracts $ 63,182,877 Health Insurance Payments $ 583,214,646 Total Funds Budgeted $ 660,865,264 Agency Assessments $ 9,805,941 Employee and Employer Contributions $ 650,823,869 Deferred Compensation $ 137,454 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,734,280 $ 0 Classification and Compensation $ 1,222,248 $ 0 Flexible Benefits $ 1,275,376 $ 0 Employee Training and Development $ 1,336,488 $ 0

Page 48

Health Insurance Administration $ 17,762,290 $ 0 Health Insurance Claims $ 632,365,177 $ 0 Internal Administration $ 2,641,762 $ 0 Commissioner's Office $ 1,527,643 $ 0 Total $ 660,865,264 $ 0 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 70,302,446 Operations Budget: Personal Services $ 60,706,524 Regular Operating Expenses $ 11,290,415 Travel $ 440,234 Motor Vehicle Purchases $ 1,316,369 Equipment $ 1,356,803 Computer Charges $ 668,896 Real Estate Rentals $ 1,837,353 Telecommunications $ 1,061,588 Per Diem, Fees and Contracts $ 1,300,386 Land and Water Conservation Grants $ 800,000 Recreation Grants $ 315,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 300,000 Contract with U.S. Geological Survey for Topographic Maps $ 0 Capital Outlay - Repairs and Maintenance $ 2,186,395 Capital Outlay - Shop Stock -Parks $ 332,780 Capital Outlay-Heritage Trust $ 211,500 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 $ 47,000

Page 49

Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 510,000 Capital Outlay - User Fee Enhancements - Parks $ 1,369,650 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 0 Technical Assistance Contract $ 117,500 Capital Outlay $ 215,500 Contract - Georgia Rural Water Association $ 9,400 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 300,000 Advertising and Promotion $ 142,620 Payments to Georgia Agricultural Exposition Authority $ 2,277,731 Historic Preservation Grant $ 258,500 Environmental Facilities Grant $ 3,500,000 Georgia Boxing Commission $ 5,640 Lanier Regional Committee $ 0 Georgia State Games Commission $ 94,000 Paving at State Parks and Historic Sites $ 475,400 Grant - Chehaw Park Authority $ 187,500 Grant - Zoo Atlanta $ 187,500 Total Funds Budgeted $ 97,231,184 Receipts from Jekyll Island State Park Authority $ 314,594 Receipts from Stone Mountain Memorial Association $ 1,015,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 70,302,446 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 8,342,615 $ 5,864,052 Game and Fish $ 26,589,388 $ 22,540,162

Page 50

Parks, Recreation and Historic Sites $ 36,304,286 $ 19,797,011 Environmental Protection $ 24,235,588 $ 20,431,914 Coastal Resources $ 1,759,307 $ 1,669,307 Total $ 97,231,184 $ 70,302,446 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Operations Budget: Personal Services $ 1,425,472 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 $ 3,409,002 State Funds Budgeted $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 3,409,002 $ 0 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 82,156,119 1. Operations Budget: Personal Services $ 49,272,743 Regular Operating Expenses $ 7,350,589 Travel $ 137,500 Motor Vehicle Purchases $ 2,010,000 Equipment $ 733,380 Computer Charges $ 4,786,000

Page 51

Real Estate Rentals $ 40,501 Telecommunications $ 979,000 Per Diem, Fees and Contracts $ 180,000 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Total Funds Budgeted $ 65,639,713 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 63,989,713 2. Driver Services Budget: Personal Services $ 14,157,074 Regular Operating Expenses $ 1,633,808 Travel $ 37,970 Motor Vehicle Purchases $ 0 Equipment $ 138,497 Computer Charges $ 0 Real Estate Rentals $ 37,507 Telecommunications $ 361,600 Per Diem, Fees and Contracts $ 88,350 Capital Outlay $ 497,500 Conviction Reports $ 232,500 Driver License Processing $ 981,600 Total Funds Budgeted $ 18,166,406 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 18,166,406 Public Safety Functional Budgets Total Funds State Funds Administration $ 17,587,312 $ 15,937,312 Driver Services $ 18,166,406 $ 18,166,406 Field Operations $ 48,052,401 $ 48,052,401 Total $ 83,806,119 $ 82,156,119 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,045,914 1. Attached Units Budget: Personal Services $ 7,358,504

Page 52

Regular Operating Expenses $ 2,640,847 Travel $ 124,800 Motor Vehicle Purchases $ 12,296 Equipment $ 137,506 Computer Charges $ 425,776 Real Estate Rentals $ 95,366 Telecommunications $ 148,963 Per Diem, Fees and Contracts $ 884,440 Peace Officers Training Grants $ 2,758,356 Capital Outlay $ 0 Total Funds Budgeted $ 14,586,854 State Funds Budgeted $ 13,723,854 2. Office of Highway Safety Budget: Personal Services $ 408,874 Regular Operating Expenses $ 28,600 Travel $ 9,828 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 39,185 Real Estate Rentals $ 69,988 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 23,800 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,084,275 State Funds Budgeted $ 322,060 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,084,275 $ 322,060 Georgia Peace Officers Standards and Training $ 4,715,295 $ 4,715,295 Police Academy $ 1,153,857 $ 1,103,857 Fire Academy $ 1,207,888 $ 1,127,888 Georgia Firefighters Standards and Training Council $ 420,725 $ 420,725

Page 53

Organized Crime Prevention Council $ 312,095 $ 312,095 Georgia Public Safety Training Facility $ 6,776,994 $ 6,043,994 Total $ 18,671,129 $ 14,045,914 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 9,537,043 Departmental Operations Budget: Payments to Employees' Retirement System $ 389,043 Employer Contributions $ 8,900,000 Cola-House Bill 738 $ 248,000 Total Funds Budgeted $ 9,537,043 State Funds Budgeted $ 9,537,043 Section 33. Public Service Commission. Budget Unit: Public Service Commission $ 7,460,243 Departmental Operations Budget: Personal Services $ 6,467,793 Regular Operating Expenses $ 406,348 Travel $ 214,381 Motor Vehicle Purchases $ 47,958 Equipment $ 92,699 Computer Charges $ 303,673 Real Estate Rentals $ 309,828 Telecommunications $ 120,716 Per Diem, Fees and Contracts $ 1,012,325 Total Funds Budgeted $ 8,975,721 State Funds Budgeted $ 7,460,243 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,671,838 $ 1,671,838

Page 54

Transportation $ 3,149,831 $ 1,792,797 Utilities $ 4,154,052 $ 3,995,608 Total $ 8,975,721 $ 7,460,243 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 760,257,799 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 821,291,627 Sponsored Operations $ 111,964,506 Operating Expenses: Educ., Gen., and Dept. Svcs $ 220,796,895 Sponsored Operations $ 125,000,000 Special Funding Initiative $ 11,250,000 Office of Minority Business Enterprise $ 334,043 Special Desegregation Programs $ 362,495 Forestry Research $ 283,880 Research Consortium $ 96,000 Eminent Scholars Program $ 0 Capital Outlay $ 20,035,106 Total Funds Budgeted $ 1,311,414,552 Departmental Income $ 32,195,185 Sponsored Income $ 236,964,506 Other Funds $ 278,969,762 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 760,257,799 B. Budget Unit: Regents Central Office and Other Organized Activities $ 149,599,669 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 207,524,492 Sponsored Operations $ 69,551,857 Operating Expenses: Educ., Gen., and Dept. Svcs $ 97,579,557 Sponsored Operations $ 37,607,630 Fire Ant and Environmental Toxicology Research $ 218,080 Agricultural Research $ 1,984,703

Page 55

Advanced Technology Development Center $ 1,406,386 Capitation Contracts for Family Practice Residency $ 2,607,781 Residency Capitation Grants $ 2,425,058 Student Preceptorships $ 148,520 Center for Rehabilitation Technology $ 1,398,649 SREB Payments $ 8,742,031 Medical Scholarships $ 958,027 Regents Opportunity Grants $ 564,000 Regents Scholarships $ 188,000 Rental Payments to Georgia Military College $ 861,415 CRT Inc. Contract at Georgia Tech Research Institute $ 198,340 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 7,637,904 Total Funds Budgeted $ 441,602,430 Departmental Income $ 3,087,700 Sponsored Income $ 107,915,122 Other Funds $ 180,444,239 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 149,599,669 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,721,972 $ 1,184,539 Skidaway Institute of Oceanography $ 3,691,331 $ 1,504,907 Marine Institute $ 1,431,905 $ 981,178 Georgia Tech Research Institute $ 126,215,095 $ 13,003,069

Page 56

Education Extension Services $ 5,847,259 $ 2,086,574 Agricultural Experiment Station $ 50,372,176 $ 33,705,056 Cooperative Extension Service $ 49,447,695 $ 33,013,733 Eugene Talmadge Memorial Hospital $ 162,937,227 $ 30,660,825 Veterinary Medicine Experiment Station $ 2,904,029 $ 2,904,029 Veterinary Medicine Teaching Hospital $ 2,354,694 $ 502,839 Joint Board of Family Practice $ 5,842,920 $ 5,842,920 Georgia Radiation Therapy Center $ 2,000,764 $ 0 Athens and Tifton Veterinary Laboratories $ 2,581,503 $ 62,842 Regents Central Office $ 24,253,860 $ 24,147,158 Total $ 441,602,430 $ 149,599,669 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Public Telecommunications Commission Budget: Personal Services $ 6,059,354 Operating Expenses $ 7,663,636 Total Funds Budgeted $ 13,722,990 Other Funds $ 13,722,990 State Funds Budgeted $ 0

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Section 35. Department of Revenue. Budget Unit: Department of Revenue $ 74,090,987 Operations Budget: Personal Services $ 47,865,032 Regular Operating Expenses $ 4,057,203 Travel $ 1,410,700 Motor Vehicle Purchases $ 114,200 Equipment $ 510,825 Computer Charges $ 8,855,547 Real Estate Rentals $ 3,531,465 Telecommunications $ 1,073,738 Per Diem, Fees and Contracts $ 279,910 County Tax Officials/Retirement and FICA $ 3,358,285 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 2,443,822 Postage $ 3,005,260 Total Funds Budgeted $ 77,935,987 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 74,090,987 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 6,859,300 $ 6,859,300 Internal Administration $ 11,035,505 $ 10,835,505 Electronic Data Processing $ 5,242,659 $ 5,024,659 Field Services $ 16,335,794 $ 16,035,794 Income Tax Unit $ 7,993,928 $ 7,036,928 Motor Vehicle Unit $ 15,625,921 $ 13,993,921 Central Audit Unit $ 6,218,172 $ 6,218,172 Property Tax Unit $ 4,352,498 $ 4,271,498

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Sales Tax Unit $ 4,272,210 $ 3,815,210 Total $ 77,935,987 $ 74,090,987 Section 36. Secretary of State. Budget Unit: Secretary of State $ 21,319,794 Personal Services $ 15,117,291 Regular Operating Expenses $ 1,971,289 Travel $ 224,800 Motor Vehicle Purchases $ 28,500 Equipment $ 85,621 Computer Charges $ 811,611 Real Estate Rentals $ 2,272,731 Telecommunications $ 300,095 Per Diem, Fees and Contracts $ 617,856 Election Expenses $ 400,000 Total Funds Budgeted $ 21,829,794 State Funds Budgeted $ 21,319,794 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,168,091 $ 3,018,091 Archives and Records $ 4,705,501 $ 4,630,501 Business Services and Regulation $ 4,285,836 $ 4,190,836 Elections and Campaign Disclosure $ 1,134,684 $ 1,098,684 Drugs and Narcotics $ 993,329 $ 939,329 State Ethics Commission $ 195,879 $ 195,879 Occupational Certification $ 7,346,474 $ 7,246,474 Total $ 21,829,794 $ 21,319,794

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B. Budget Unit: Real Estate Commission $ 1,798,104 Real Estate Commission Budget: Personal Services $ 1,001,146 Regular Operating Expenses $ 152,894 Travel $ 13,500 Motor Vehicle Purchases $ 19,000 Equipment $ 17,800 Computer Charges $ 317,859 Real Estate Rentals $ 117,855 Telecommunications $ 23,150 Per Diem, Fees and Contracts $ 134,900 Total Funds Budgeted $ 1,798,104 State Funds Budgeted $ 1,798,104 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,798,104 $ 1,838,104 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 1,867,155 Soil and Water Conservation Budget: Personal Services $ 898,376 Regular Operating Expenses $ 111,003 Travel $ 63,305 Motor Vehicle Purchases $ 10,450 Equipment $ 17,705 Computer Charges $ 5,600 Real Estate Rentals $ 50,405 Telecommunications $ 19,220 Per Diem, Fees and Contracts $ 442,420 County Conservation Grants $ 586,396 Total Funds Budgeted $ 2,204,880 State Funds Budgeted $ 1,867,155

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Section 38. Student Finance Commission. Budget Unit: Student Finance Commission $ 22,744,254 Administration Budget: Personal Service $ 4,345,854 Regular Operating Expenses $ 388,001 Travel $ 68,800 Motor Vehicle Purchases $ 12,000 Equipment $ 32,100 Computer Charges $ 364,668 Telecommunications $ 133,900 Per Diem, Fees and Contracts $ 22,257 Payment of Interest and Fees $ 381,625 Guaranteed Educational Loans $ 4,210,000 Tuition Equalization Grants $ 14,630,888 Student Incentive Grants $ 4,724,401 Law Enforcement Personnel Dependent's Grants $ 38,000 North Georgia College ROTC Grants $ 104,500 Osteopathic Medical Loans $ 162,000 Georgia Military Scholarship Grants $ 462,030 Paul Douglas Teacher Scholarship Loans $ 444,425 Total Funds Budgeted $ 30,525,449 State Funds Budgeted $ 22,744,254 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,268,249 $ 0 Higher Education Assistance Corporation $ 381,625 $ 381,625 Georgia Student Finance Authority $ 24,776,244 $ 22,263,298

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Georgia Public Postsecondary Education Commission $ 99,331 99,331 Total $ 30,525,449 $ 22,744,254 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,550,000 Departmental Operations Budget: Personal Services $ 3,068,965 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 $ 2,850,000 Floor Fund for Local Retirement Systems $ 700,000 Post Retirement Benefit Increases for Retirees $ 0 Total Funds Budgeted $ 8,833,965 State Funds Budgeted $ 3,550,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education $ 127,838,855 Department of Technical and Adult Education Budget: Personal Services $ 4,063,262 Regular Operating Expenses $ 340,242 Travel $ 128,000 Motor Vehicle Purchases $ 0 Equipment $ 12,413 Computer Charges $ 609,851 Real Estate Rentals $ 476,004 Telecommunications $ 142,000 Per Diem, Fees and Contracts $ 1,285,672

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Personal Services-Institutions $ 84,668,734 Operating Expenses-Institutions $ 18,993,302 Capital Outlay $ 0 Quick Start Program $ 5,878,282 Area School Program $ 25,254,051 Regents Program $ 2,766,092 Adult Literacy Grants $ 7,473,805 Total Funds Budgeted $ 152,091,710 State Funds Budgeted $ 127,838,855 Functional Budgets Total Funds State Funds Administration $ 7,057,444 $ 5,931,388 Institutional Programs $ 145,034,266 $ 121,907,467 Total $ 152,091,710 $ 127,838,855 Section 41. Department of Transportation. Budget Unit: Department of Transportation $ 500,037,860 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 231,855,595 Regular Operating Expenses $ 54,819,088 Travel $ 1,818,531 Motor Vehicle Purchases $ 1,008,025 Equipment $ 4,756,595 Computer Charges $ 4,644,100 Real Estate Rentals $ 1,356,023 Telecommunications $ 2,000,716 Per Diem, Fees and Contracts $ 8,428,297 Capital Outlay $ 624,698,178 Grants to Counties $ 4,658,507 Grants to Municipalities $ 4,658,500 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,058,242

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Capital Outlay - Airport Development $ 1,000,000 Mass Transit Grants $ 8,509,511 Savannah Harbor Maintenance Payments $ 1,083,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 G.O. Debt Sinking Fund $ 10,640,000 G.O. Debt Sinking Fund - Designated Special Use $ 2,555,000 Guaranteed Revenue Debt Common Reserve Fund $ 9,600,000 Total Funds Budgeted $ 979,147,908 State Funds Budgeted $ 500,037,860 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 694,181,944 $ 236,074,966 Maintenance and Betterments $ 228,966,161 $ 217,499,581 Facilities and Equipment $ 8,444,767 $ 7,807,732 Assistance to Counties $ 4,658,507 $ 4,658,507 Administration $ 22,504,214 $ 21,959,214 Paving at State and Local Schools and State Institutions $ 234,226 $ 234,226 Total $ 958,989,819 $ 488,234,226 General Funds Budget Total Funds State Funds Grants to Municipalities $ 4,658,500 $ 4,658,500

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Paving at State and Local Schools and State Institutions $ 0 $ 0 Air Transportation $ 1,709,654 $ 1,209,654 Inter-Modal Transfer Facilities $ 12,706,935 $ 4,852,480 Harbor Maintenance Activities $ 1,083,000 $ 1,083,000 Total $ 20,158,089 $ 11,803,634 Provided further, that from the amount equal to all money derived from motor fuel taxes for the preceding fiscal year, there is appropriated the sum of $9,600,000 for payment into the `'State of Georgia Guaranteed Revenue Debt Common Reserve Fund. The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the State Tollway Authority for the Georgia 400 tollway in Fulton County. The maximum principal amount of the specific issue shall not exceed $97,550,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue. Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 21,650,108 Departmental Operations Budget: Personal Services $ 4,726,825 Regular Operating Expenses $ 115,252 Travel $ 65,456 Motor Vehicle Purchases $ 0 Equipment $ 9,420 Computer Charges $ 13,812 Real Estate Rentals $ 226,748 Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 20,100 Capital Outlay $ 0

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Operating Expense/Payments to Central State Hospital $ 15,291,530 Operating Expense/Payments to Medical College of Georgia $ 5,894,509 Regular Operating Expenses for Projects and Insurance $ 199,580 Total Funds Budgeted $ 26,623,232 State Funds Budgeted $ 21,650,108 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,237,613 $ 5,010,143 Veterans Home and Nursing Facility - Milledgeville $ 15,457,110 $ 12,140,348 Veterans Nursing Home - Augusta $ 5,928,509 $ 4,499,617 Total $ 26,623,232 $ 21,650,108 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 8,604,783 Operations Budget: Personal Services $ 6,882,241 Regular Operating Expenses $ 317,375 Travel $ 79,850 Motor Vehicle Purchases $ 0 Equipment $ 4,330 Computer Charges $ 226,400 Real Estate Rentals $ 861,177 Telecommunications $ 109,660 Per Diem, Fees and Contracts $ 115,500 Georgia Crime Victims Assistance Program $ 108,250 Total Funds Budgeted $ 8,704,783 State Funds Budgeted $ 8,604,783

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Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 297,592,064 State of Georgia General Obligation Debt Sinking Fund (New) $ 31,039,525 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

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Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 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, $80,000 is designated and committed for youth programs and activities. Section 52. 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

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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 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

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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 53. 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 54. 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:

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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 [Illegible Text] programs of each MH MR SA institution for fiscal year 1991 that was authorized in fiscal year 1987. 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. 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. Provided, however, that of the appropriation to the object class Grants to County DFACS - Operations $400,000 in state funds is designated and committed for hiring additional eligibility workers, using temporary employees where feasible.

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Section 55. 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 56. 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%) for the first three quarters of the fiscal year, and shall not exceed seven and three-tenths per cent (7.3%) for the final quarter of the fiscal year. Section 57. 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

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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 $258,500 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 58. 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. Provided, it is the intent of this General Assembly that the Department of Public Safety not purchase any site for a commercial drivers license facility prior to obtaining an acceptable environmental impact study and a satisfactory compaction report. Section 59. 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.

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Section 60. 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 61. 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. 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

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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. h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program. It is the further intent of this General Assembly that of the $488,234,226 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 $488,234,226 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 62. 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 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

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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 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.

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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 noncompliance 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 with the chairmen of the House and Senate Appropriations Committees. Section 67. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the

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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, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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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 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 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

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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 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), $96,500 is specifically appropriated for the purpose of financing facilities of Georgia Building Authority, by means of the acquisition,

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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 $965,000 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), $600,000 is specifically appropriated for the purpose of financing 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 $6,000,000 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), $202,500 is specifically appropriated for the purpose of financing facilities for the Department of Human 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 $2,025,000 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), $745,000 is specifically appropriated for the purpose of financing facilities of 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 $7,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

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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 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 $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), $7,500,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry and Trade, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, through the issuance of not more than $75,000,000 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 facilities 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 $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), $250,000 is specifically appropriated for the purpose of financing facilities 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,

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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), $12,555,500 is specifically appropriated for the purpose of financing a program of Developmental 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 useful in connection therewith, through the issuance of not more than $125,555,000 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), $125,000 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated for the purpose of financing facilities 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.

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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 a water reservoir for 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 $1,500,000 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), $650,000 is specifically appropriated for the purpose of financing facilities 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 $6,500,000 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), $1,700,000 is specifically appropriated for the purpose of financing facilities 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 $17,000,000 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 facilities 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,

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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), $100,000 is specifically appropriated for the purpose of financing facilities 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 $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), $350,000 is specifically appropriated for the purpose of financing 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 $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. 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 facilities 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 $900,000 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),

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$600,000 is specifically appropriated for the purpose of financing 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,859,775 is specifically appropriated for the purpose of financing 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 $11,795,000 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), $355,250 is specifically appropriated for the purpose of financing facilities for 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 $1,450,000 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, $262,500 is specifically appropriated for the purpose of financing the purchase and associated development of computer and related equipment for the Office of the Secretary of State, 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 $1,050,000 in principal amount of General Obligation Debt, the

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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), $275,000 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $112,500 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, 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 $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 76. Georgia State Financing and Investment Commission..... $1,400,000 Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76 State Fiscal Year 1991 $7,645,067,946 (including $35,512,616 in Indigent Trust Fund). Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 79. 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 March 6, 1991. REVENUE AND TAXATION INCOME TAX CREDITS; SALES AND USE TAX EXEMPTION ON FOOD REPEALED. Code Title 48, Chapter 7A Enacted. Code Sections 48-8-3, 48-8-82, and 48-8-110 Amended. No. 7 (House Bill No. 1). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for matters relating to tax relief; to provide for a tax credit for certain persons whose adjusted gross income does not exceed $19,999.00; to provide for legislative findings and determinations; to provide for a definition; to provide for a tax credit schedule; to provide for procedures with respect to claiming such credit; to provide for certain limitations and exclusions; to repeal and delete the exemption from taxation of certain food for off-premises human consumption; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

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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 a new chapter immediately following Chapter 7, to be designated Chapter 7A, to read as follows: CHAPTER 7A 48-7A-1. The General Assembly finds and determines that all residents of this state make contributions to the general fund of this state through their payment of the several state taxes, including, but not limited to, taxes on food and other items of necessity. The General Assembly further finds and declares that, because of the overall tax burden and particularly the tax burden on food and other items of necessity, it is both appropriate and advisable to afford tax relief to the low-income residents and the working poor. It is not practical, however, to provide tax relief targeted to these groups through the implementation of a specific measure of relief addressed to each of the several state taxes, and therefore it is necessary and proper to utilize the income tax procedures of this state as the mechanism for providing tax relief to low-income residents and the working poor with respect to their overall tax burden and particularly the burden of taxation on food and other items of necessity. 48-7A-2. (a) As used in this chapter, the term `dependent' means: (1) The taxpayer; (2) The spouse of the taxpayer; and (3) A natural or legally adopted child of the taxpayer. 48-7A-3. (a) Except as otherwise provided in subsection (e) of this Code section, each resident taxpayer who files an individual income tax return for a taxable year and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Georgia individual income tax purposes may claim a tax credit against the resident

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taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that: (1) A husband and wife filing a joint return shall each be deemed a dependent for purposes of such joint return; (2) A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed; and (3) A resident individual who has no income or no income taxable under this chapter and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Georgia individual income tax purposes may also claim a tax credit as set forth in this Code section. (b) Each taxpayer may claim a tax credit in the amount indicated for each adjusted gross income bracket as shown in the schedule below multiplied by the number of dependents which the taxpayer is entitled to claim. Each taxpayer 65 years of age or over may claim double the tax credit. TAX CREDIT SCHEDULE Adjusted Gross Income Tax Credit Under $6,000.00 $ 26.00 6,000.00 but not more than 7,999.00 20.00 8,000.00 but not more than 9,999.00 14.00 10,000.00 but not more than 14,999.00 8.00 15,000.00 but not more than 19,999.00 5.00 (c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall be deductible from the resident taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit

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claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer; provided that a tax credit properly claimed by a resident individual who has no income tax liability shall be paid to the resident individual; and provided further that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00. (d) All claims for a tax credit under this Code section, including any amended claims must be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to comply with this subsection shall constitute a waiver of the right to claim the credit. (e) Any individual who receives a food stamp allotment for all or any part of a taxable year shall not be entitled to claim a credit under this Code section for that taxable year. (f) The commissioner shall be authorized by rule and regulation to provide for the proper administration of this Code section. Section 2. Said title is further amended in Code Section 48-8-3, relating to tax exemptions, by adding the word or at the end of paragraph (52); by replacing the symbol and word ; or at the end of paragraph (53) with a period; and by striking in its entirety paragraph (54) which reads as follows: (54) (A) On and after September 1, 1990, the retail sale for off-premises human consumption, use, or consumption of: fresh, uncooked, and not canned or processed poultry, fish, beef, seafood, and pork (including pork sausage); fresh eggs; milk, cream, ice cream, sherbet, and yogurt; flour, flour mixes, cornmeal, grits, and milled rice; bread, biscuits, rolls, and muffins; fresh, uncooked, and not canned or processed fruits (including citrus fruits and melons); fresh, uncooked, and not canned or processed vegetables; honey; peanuts and pecans; baby food and baby formula; salt and sugar, salt and sugar substitutes, and other sweeteners and syrups. The exemptions provided for in this paragraph shall not apply to retail sales or sales at retail of food transacted

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at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. (B) The exemptions provided for in subparagraph (A) of this paragraph shall not apply with respect to any local sales tax, local use tax, or local sales and use tax which is first levied or imposed before January 1, 1991, but shall apply with respect to any such tax which is first levied or imposed on or after January 1, 1991. For the purposes of this subparagraph, the taxes affected are any sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; or by or pursuant to Article 3 of this chapter. In addition, for purposes only of a reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed not to include the exemptions provided for in subparagraph (A) of this paragraph, notwithstanding any provision to the contrary in the laws imposing such taxes. For the purposes of this subparagraph, a tax shall be considered to be levied or imposed on or after January 1, 1991, if: (i) the same tax or a similar tax was imposed prior to that date; (ii) the tax imposed prior to that date, under the terms of the law authorizing the tax, expires on or after January 1, 1991; and (iii) the same or a similar tax is on or after such expiration reimposed on or after January 1, 1991, with or without any intervening period of time.

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Section 3. Said title is further amended by striking Code Section 48-8-82, relating to imposition and applicability of joint county and municipal sales and use taxes, and inserting in its place a new Code Section 48-8-82 to read as follows: 48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2. Section 4. Said title is further amended by striking Code Section 48-8-110, relating to imposition and applicability of special purpose county sales and use taxes, and inserting a new Code Section 48-8-110 to read as follows: 48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2. Section 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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(b) Section 1 of this Act shall become effective on January 1, 1992, and shall be applicable to all taxable years beginning on or after that date. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved March 13, 1991. GEORGIA EMERGENCY TELEPHONE NUMBER 911 SERVICE ACT OF 1977 DEFINITION; BILLING. Code Sections 46-5-122 and 46-5-134 Amended. No. 8 (Senate Bill No. 289). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, so as to change the provisions relating to definitions; to provide for billing `911' subscribers in advance of the date on which the `911' service becomes fully operational; 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 of the Official Code of Georgia Annotated, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, is amended by adding in Code Section 46-5-122, relating to definitions, a new paragraph (8.1) to read as follows: (8.1) `Public safety answering point' means the public safety agency which receives incoming `911' telephone calls and

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dispatches appropriate public safety agencies to respond to such calls. Section 2. Said part is further amended by adding at the end of Code Section 46-5-134 a new subsection (i) to read as follows: (i) Subject to the provision of Code Section 46-5-133, the subscriber of an exchange access facility may be billed for the monthly `911' charge as defined in this Code section, for up to 18 months in advance of the date on which the `911' service becomes fully operational. 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 13, 1991. OFFICIAL CODE OF GEORGIA ANNOTATED CORRECTIONS AND REENACTMENT. No. 9 (House Bill No. 167). 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

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and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Reserved. Section 2. Reserved. Section 3. Reserved. Section 4. Reserved. Section 5. Reserved. Section 6. Reserved. Section 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By deleting , including a corporation exercising incidental trust powers under paragraph (5) of subsection (a) of Code Section 7-1-242 from paragraph (40) of Code Section 7-1-4, relating to definitions regarding financial institutions. (2) By striking `salesmen' or `limited salesmen' within the meaning of paragraph (15) and inserting in lieu thereof `limited salesmen' or `salesmen' within the meaning of paragraphs (18) and (25), respectively, and by striking `executive officers' within the meaning of paragraph (6) and inserting in lieu thereof `executive officers' within the meaning of paragraph (13) in subsection (a) of Code Section 7-1-396, relating to the effect of a certificate of incorporation. (3) By striking the comma following thereto in subparagraph (a)(1)(B) of Code Section 7-1-707, relating to the suspension or revocation of a license to cash checks.

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(4) By deleting the commas following thereof, article, and misdemeanor in Code Section 7-1-708, relating to violations of Article 4A of Chapter 1 of Title 7. (5) By striking modification becoming and inserting in lieu thereof modification's becoming in subsection (c) of Code Section 7-5-4, relating to credit card charges and fees. Section 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By striking is not otherwise not exempt and inserting in lieu thereof is otherwise not exempt in subsection (g) of Code Section 8-3-176, relating to powers of the Georgia Residential Finance Authority. (2) By striking of any preceding of the United States from subsection (b) of Code Section 8-3-176.1, relating to ineligibility of persons convicted of drug offenses to participate in home loan program. (3) By deleting of this article at the end of paragraph (1) of subsection (f) of Code Section 8-3-209, relating to investigations regarding fair housing. Section 9. Reserved. Section 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking ; or and inserting in lieu thereof a period at the end of subparagraph (b)(24)(A) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions. (2) By striking paragraph (16) and inserting in lieu thereof paragraph (26) in subsection (c) of Code Section 10-1-417, relating to purchaser and participant remedies relative to the sale of business opportunities. (3) By striking paragraph (25) and inserting in lieu thereof paragraph (29), by striking paragraph (27) and inserting in lieu thereof paragraph (31), and by striking paragraph (50) and inserting in lieu thereof paragraph (55) in paragraph

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(2) of subsection (f) of Code Section 10-1-651, relating to termination, cancellation, or nonrenewal of motor vehicle franchises. (4) By striking Code Section 40-2-36 and inserting in lieu thereof Code Section 40-2-38 in subsection (a) of Code Section 10-1-668, relating to annual dealer registration and appropriation to department fund. (4.1) By striking 16-18-13 and inserting in lieu thereof 16-8-13 in paragraph (3) of subsection (b) of Code Section 10-1-767, relating to the applicability of Article 27 of Chapter 1 of Title 10, known as the Georgia Trade Secrets Act of 1990. (5) By striking Superior Court and inserting in lieu thereof superior court twice in paragraph (4) and by deleting the comma following manufacturer in paragraph (21) of Code Section 10-1-782, relating to definitions of motor vehicle warranty rights. (6) By striking Administrative Procedure Act,' and inserting in lieu thereof `Georgia Administrative Procedure Act,' in paragraph (3) of subsection (a), by striking Code subsection and inserting in lieu thereof Code section in subsection (d), by striking Code Section 11-2-602 through Code Section 11-2-609 and inserting in lieu thereof Code Sections 11-2-602 through 11-2-609 twice in subsection (d), and by striking Article 22 of Chapter 1 of Title 10 and inserting in lieu thereof Article 22 of this chapter in subsection (d) of Code Section 10-1-784, relating to the nonrepair of vehicles under the Motor Vehicle Warranty Rights Act. (7) By striking the periods at the end of paragraphs (1), (2), and (3) and inserting in lieu thereof semicolons, by striking the comma following witnesses in paragraph (4), and by striking the period and inserting in lieu thereof ; and at the end of paragraph (4) of subsection (b) of Code Section 10-1-786, relating to new motor vehicle arbitration panels. (8) By striking of Chapter 1 of Title 10 and inserting in lieu thereof of this chapter both times it appears in Code Section 10-1-790, relating to violations of Article 28 of Chapter 1 of Title 10.

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(9) By striking article, and inserting in lieu thereof article in subsection (c) of Code Section 10-1-793, relating to informal dispute resolution settlement mechanisms. Section 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows: (1) By deleting or subject to Code Section 40-3-71 and inserting in lieu thereof or subject to Code Section 40-3-50 in paragraph (b) of subsection (3) of Code Section 11-9-302, relating to when filing is required to perfect security interest and security interests to which the filing provisions of Article 9 do not apply. Section 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources is amended as follows: (1) By striking Natural representative and inserting in lieu thereof Natural Resources the power to be present and participate, including the power to vote as his representative in subparagraph (b)(2)(A) of Code Section 12-2-1, relating to the creation of the Department of Natural Resources. Section 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By adding or before license agreement in subparagraph (c)(1)(B), by adding the between of and employee's in subparagraph (c)(1)(D), by striking the commas following limitation goods, intangible property, services, products or services, and assistance and inserting in lieu thereof semicolons in subparagraph (c)(1)(F), by striking emloyee's and inserting in lieu thereof employee's in subparagraph (c)(1)(G), by striking of this subsection (c) and inserting in lieu thereof of this subsection in paragraph (6) of subsection (c) both times it appears, and by striking THIRTY and inserting in lieu thereof 30 in paragraph (1) of subsection (f) of Code Section 13-8-2.1, relating to contracts in partial restraint of trade. Section 14. Reserved. Section 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows:

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(1) By striking period 15 days and inserting in lieu thereof period of 15 days in paragraph (2) of subsection (a) of Code Section 15-7-21, relating to qualifications of judges of state courts. (2) By striking 40-5-70 and inserting in lieu thereof 40-5-63 in subsection (c) of Code Section 15-11-49, relating to juvenile traffic offenses. (3) By striking paragraphs (4) and (5) of subsection (d) and inserting in lieu thereof subsections (e) through (h) in the introductory language of subsection (b) of Code Section 15-11-81, relating to grounds for terminating parental rights. (4) By striking division (2)(B)(ii) of subsection (f) and inserting in lieu thereof division (f)(2)(B)(ii) in subsections (g) and (h) of Code Section 15-11-83, relating to summons and rights of biological fathers. (5) By striking the effective date of this Code section, and inserting in lieu thereof April 11, 1990, in subsection (a) of Code Section 15-18-28, relating to continued existence of personnel positions in the offices of district attorneys. Section 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking Code Section 33-34-12 and inserting in lieu thereof Code Section 40-6-10 in subsection (a) of Code Section 16-9-5, relating to counterfeit or flase proof of insurance document. (2) By striking the `State-wide Probation Act' and inserting in lieu thereof Article 2 of Chapter 8 of Title 42, known as the `State-wide Probation Act,' in paragraph (8) of subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128. Section 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking Code Section 40-5-69 and inserting in lieu thereof Code Section 40-5-67 in paragraph (2) of subsection

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(a) of Code Section 17-6-2, relating to acceptance of bail in misdemeanor cases. (2) By striking 33-34-12 and inserting in lieu thereof 40-5-72 or Code Section 40-6-10 in subsection (a) and by striking pays a restoration fee of $25.00 to the Department of Public Safety and inserting in lieu thereof pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail in subsection (b) of Code Section 17-6-11, relating to deposits of driver's license for violations of laws pertaining to traffic, motor vehicles, motor common carriers, motor contract carriers, or road taxes on motor carriers. Section 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking the periods and inserting in lieu thereof semicolons at the end of paragraphs (1), (2), (3) and (4) of subsection (a), by striking the period and inserting in lieu thereof; or at the end of paragraph (5) or subsection (a), and by striking herein and inserting in lieu thereof in this paragraph in the last sentences of paragraphs (4) and (5) of subsection (a) Code Section 18-3-14, relating to service on the defendant of a copy of a writ of attachment. Section 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By repealing Chapter 1 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions, and inserting in lieu thereof: CHAPTER 1 RESERVED, and by redesignating Chapter 1 of Title 19 as enacted by Ga. L. 1987, p. 1065, Ga. L. 1988, p. 474, and Ga. L. 1990, p. 1785, as Chapter 15 of Title 19 to read as follows: 19-15-1. As used in this chapter, the term: (1) `Abused' means subjected to child abuse.

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(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. (5) `Committee' means a child abuse protocol committee established pursuant to Code Section 19-15-2. (6) `Panel' means the State-wide Child Fatality Review Panel created by Code Section 19-15-4. (7) `Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-15-3. (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

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(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. 19-15-2. (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; (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.

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(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, 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. 19-15-3. (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 45-16-24, 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.

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(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 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.

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(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; (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide. 19-15-4. (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;

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(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 positions specified therein. (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

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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 and may obtain the assistance of child protection professionals in establishing such procedures. 19-15-5. 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.

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19-15-6. (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 of the contrary, reports of a committee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 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 by Code Section 19-15-5 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.

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(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. 19-15-7. Nothing in this chapter 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. (2) By striking Day care and inserting in lieu thereof Day-care in paragraph (4) and by striking cost of living and inserting in lieu thereof cost-of-living in paragraph (13) of subsection (c) of Code Section 19-6-15, relating to child support in final verdict or decree. (3) By striking fees and interest is paid and inserting in lieu thereof fees and interest are paid in paragraph (4) of subsection (f) of Code Section 19-6-32, relating to entering of income deduction order for award of child support. (4) By striking paragraph. and inserting in lieu thereof paragraph as follows: in paragraph (2) of subsection (c), by striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (c)(2)(A), and by striking the period and inserting in lieu thereof ; or at the end of subparagraph (c)(2)(B) in Code Section 19-7-1, relating to in whom parental power lies. (5) By striking the subsections (a) and (b) designations and inserting in lieu thereof paragraphs (1) and (2) designations in Code Section 19-8-8, relating to adoptions based upon foreign decrees and valid visas. (6) By striking Code Section 19-8-13 and inserting in lieu thereof Code Section 19-8-14 in subsection (c) of Code Section 19-8-10, relating to when surrender or termination of parental rights not required.

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(7) By striking the comma following indirectly in paragraph (2) of subsection (a) and by striking imprisoned and inserting in lieu thereof imprisonment in subsection (b) of Code Section 19-8-24, relating to unlawful advertisements and inducements. (8) By striking the period and inserting in lieu thereof a semicolon at the end of paragraph (1) and by striking the period and inserting in lieu thereof ;and at the end of paragraph (2) of Code Section 19-11-65, relating to power of court to assure compliance with orders. (9) By striking Code Sections 19-11-76 through 19-11-81 and inserting in lieu thereof Code Sections 19-11-76 through 19-11-79, this Code section, and Code Section 19-11-81 in subsection (c) and by adding a comma after department in subsection (d) of Code Section 19-11-80, relating to registration procedures. Section 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking possession or and inserting in lieu thereof possession, or in subsection (a) of Code Section 20-1-24, relating to disciplinary action for any student of a nonpublic educational institution. (2) By striking vacancy at which time and inserting in lieu thereof vacancy, at which time in paragraph (2) of subsection (a) of Code Section 20-2-54.1, relating to procedure for filling vacancies on local boards of education. (3) By striking subsection (c) and inserting in lieu thereof subsection (d) in paragraph (1) of subsection (a) of Code Section 20-2-166, relating to state funds calculation. (4) By striking subsection (e) and inserting in lieu thereof subsection (f) in subsection (g) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits. (5) By striking professional training experience, and inserting in lieu thereof professional training, experience, in subsection

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(a) of Code Section 20-2-200, relating to definitions of certificated professional personnel. (6) By striking 60th percentile and inserting in lieu thereof sixtieth percentile in Code Section 20-2-290, relating to organization of schools. (7) By striking e.g. and inserting in lieu thereof e.g., in subsection (b) of Code Section 20-2-881, relating to the board's establishing a health insurance plan for public schoolteachers. (8) By striking e.g. and inserting in lieu thereof e.g., in subsection (b) of Code Section 20-2-911, relating to the board's establishing a health insurance plan for public school employees. (9) By redesignating Part 4 of Article 2 of Chapter 3 of Title 20, which was enacted by Ga. L. 1990, p. 2033 (Code Sections 20-3-90 through 20-3-96), as Part 3. (10) By striking encourage, and to and inserting in lieu thereof encourage and, to in Code Section 20-3-91, relating to legislative intent regarding student organizations' responsibility for drug abuse. (11) By striking Except as provided in this part and inserting in lieu thereof Except as provided in this part, and by striking governed by the and inserting in lieu thereof governed by Chapter 13 of Title 50, the in Code Section 20-3-96, relating to final appeals to the superior court. (12) By striking effectively operate such systems and inserting in lieu thereof operate such systems effectively in subparagraph (d)(1)(B) of Code Section 20-13-8, relating to licensure of a telecommunication commission. Section 21. Reserved. Section 22. Reserved. Section 23. Reserved. Section 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows:

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(1) By striking subsection (a) and inserting in lieu thereof paragraph (1) in paragraph (1) of Code Section 24-10-70, relating to definitions regarding production of medical records. 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 drug-dependent and inserting in lieu thereof drug dependent twice in Code Section 26-5-2, relating to legislative intent regarding drug abuse treatment and education programs. (2) By striking drug-dependent and inserting in lieu thereof drug dependent in paragraph (2) and in subparagraphs (A) and (B) of paragraph (2) and by striking `Drug-dependent person' and inserting in lieu thereof `Drug dependent person' in paragraph (3) of Code Section 26-5-3, relating to definitions regarding drug abuse treatment and education programs. (3) By striking drug-dependent and inserting in lieu thereof drug dependent in paragraphs (5), (8), and (9) of Code Section 26-5-5, relating to promulgation of minimum standards of quality and services for each class of programs. (4) By striking drug-dependent and inserting in lieu thereof drug dependent in Code Section 26-5-12, relating to records of drug dependent persons treated or advised. (5) By striking drug-dependent and inserting in lieu thereof drug dependent three times in Code Section 26-5-17, relating to confidentiality of records, names, and communications in drug abuse treatment and education programs. Section 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking Department of Veterans Affairs Administration Schedule and inserting in lieu thereof Department of Veterans Affairs Schedule in paragraph (2) of subsection (a) of

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Code Section 27-2-4, relating to honorary hunting and fishing licenses. (2) By striking paragraph (f) and inserting in lieu thereof subsection (f) in subsection (b) of Code Section 27-2-9, relating to taxidermist licenses. (3) By striking the semicolon and inserting in lieu thereof a period at the end of paragraph (12) of Code Section 27-4-10, relating to creel and possession limits. Section 28. Reserved. Section 29. Reserved. Section 30. Reserved. Section 31. Title 31 of the Official Code of Georiga Annotated, relating to health, is amended as follows: (1) By striking herein and inserting in lieu thereof in this Code section in Code Section 31-2-5, relating to venue of actions against department or board. (2) By striking in Georgia Laws 1951, pages 828-831 and inserting in lieu thereof at Ga. L. 1951, p. 828, in subsection (f) of Code Section 31-3-2.1, relating to options for certain counties to create a board of health by ordinance. (3) By deleting the comma following working drawings in the undesignated paragraph following subparagraph (B) of paragraph (7) and by striking the effective date of this chapter and inserting in lieu thereof July 1, 1983 in paragraph (8) of Code Section 31-6-2, relating to definitions. (4) By adding As used in this chapter, the term: as introductory language preceding paragraph (1) of Code Section 31-7-1, relating to definitions of regulation of hospitals and related institutions. (5) By striking hereinabove provided and inserting in lieu thereof provided in this article in subsection (b) of Code Section

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31-7-35, relating to fees, rentals, and charges for use of projects. (6) By striking created hereunder and inserting in lieu thereof created under this Code section in subsection (a) and by adding and at the end of paragraph (2) of subsection (b) of Code Section 31-7-72, relating to creation of hospital authority in each county and municipality. (7) By striking herein and inserting in lieu thereof by this Code section in Code Section 31-7-92, relating to filing of audits. (8) By striking herein and inserting in lieu thereof in this Code section in subsection (c) and by striking any year hereafter and inserting in lieu thereof any year after 1980 in subsection (d) of Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals. (9) By striking governing hospice and inserting in lieu thereof governing hospices in Code Section 31-7-178, relating to hospice inspections. (10) By striking inhabitants and inserting in lieu thereof inhabitants, in Code Section 31-7-208, relating to liberal construction of Article 10 of Chapter 7 of Title 31, known as the Hospital Financing Authority Act. (11) By striking director and each employee has and inserting in lieu thereof director and each employee have in Code Section 31-7-253, relating to written notification as to department's preliminary records check determinations. (12) By striking Code Sections 31-7-252 through 31-7-255 and inserting in lieu thereof Code Sections 31-7-252 through 31-7-254 and this Code section in Code Section 31-7-255, relating to issuance of regular licenses. (13) By striking Amount and inserting in lieu thereof Amounts in paragraph (4), by striking back up and inserting in lieu thereof back-up in paragraph (12), by striking the semicolon following hospitals and inserting in lieu thereof a colon in the

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introductory language of paragraph (13) of subsection (c), and by striking the effective date of this article, and inserting in lieu thereof July 1, 1989, in subsection (e) of Code Section 31-7-280, relating to health care provider annual reports and forms. (14) By striking release of dissemination and inserting in lieu thereof release or dissemination in subsection (d) of Code Section 31-7-285, relating to confidentiality. (15) By deleting hereinafter from Code Section 31-8-33, relating to the creation of the Nonresident Indigent Health Care Fund. (16) By striking health-care and inserting in lieu thereof health care everywhere it appears in Code Section 31-8-43, relating to determination of indigency. (17) By striking health-care and inserting in lieu thereof health care in subsection (b) of Code Section 31-8-43.1, relating to extent of patient's liability for costs. (18) By deleting the (a) designation in Code Section 31-8-53, relating to duties of state ombudsman. (19) By striking herein and inserting in lieu thereof in this chapter in subsection (a) of Code Section 31-9-6, relating to construction of chapter. (20) By striking hereunder and inserting in lieu thereof under this chapter in paragraph (5) of subsection (a) of Code Section 31-10-5, relating to duties and powers of state register. (21) By striking hereunder, and inserting in lieu thereof under this chapter, in subsection (a) of Code Section 31-10-7, relating to form of certificates and reports. (22) By striking order of court of competent and inserting in lieu thereof order of a court of competent in subsection (b) of Code Section 31-10-14, relating to issuance of new certificate of birth following adoption and legitimation or paternity determination.

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(23) By striking date of death is unknown and inserting in lieu thereof date of death is unknown in paragraph (1) of subsection (a) of Code Section 31-10-15, relating to filing a certificate of death with the local registrar of the county in which the death occurred. (24) By striking child of person and inserting in lieu thereof child of the person in paragraph (2) of subsection (c) of Code Section 31-10-23, relating to amendment of certificates or reports. (25) By deleting of this chapter in subsection (a) of Code Section 31-10-26, relating to certified copies of vital records. (26) By striking on the effective date of this chapter and inserting in lieu thereof on April 4, 1990 in Code Section 31-13-25, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources. (27) By striking first class mail and inserting in lieu thereof first-class mail in subsection (b) of Code Section 31-21-4, relating to burial at sea of cremated remains. (28) By redesignating paragraph (8) as paragraph (5) and by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively, in Code Section 31-22-1, relating to definitions regarding clinical laboratories. (29) By striking survive him and inserting in lieu thereof survives him in subparagraphs (b)(2)(C), (b)(2)(D), and (b)(2)(E) and by striking paragraph (2) of subsection (b) of this Code section and inserting in lieu thereof paragraph (2) of this subsection in paragraph (3) of subsection (b) of Code Section 31-23-6, relating to removal of eye or corneal tissue. (30) By striking the words `Secondhand' and inserting in lieu thereof the word `Secondhand' in paragraph (4) of subsection (a) of Code Section 31-25-6, relating to tags and details on tags. (31) By striking hereunder and inserting in lieu thereof under this chapter in subsection (d) of Code Section 31-26-2, relating to requirement of certificate to practice midwifery.

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(32) By striking the effective date of this subsection and inserting in lieu thereof March 28, 1986, in subsections (a) and (b) of Code Section 31-32-6, relating to effectiveness of living wills. Section 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking the semicolon and inserting in lieu thereof a period at the end of subparagraph (A) of paragraph (3), by inserting a comma following personnel in paragraph (5), and by deleting of the Official Code of Georgia Annotated in paragraph (11) of Code Section 32-4-42, relating to powers. (2) By striking Part 1 of Article 4 of Chapter 4 of this title and inserting in lieu thereof Part 1 of this article in Code Section 32-4-111, relating to authority of municipality to contract. (3) By striking State Department of Transportation and inserting in lieu thereof Georgia Department of Transportation in subsection (b) of Code Section 32-5-1, relating to receipt of funds by the state. (4) By striking 45 feet and inserting in lieu thereof 48 feet in paragraphs (4) and (5) of subsection (b) of Code Section 32-6-24, relating to length of vehicles and loads. (5) By striking State Department of Transportation and inserting in lieu thereof Georgia Department of Transportation in Code Section 32-6-89, relating to retention of directional signs, displays, and devices in defined areas. (6) By striking hereto and inserting in lieu thereof to this article in subsection (a) of Code Section 32-6-247, relating to penalties. (7) By striking hereunder, and inserting in lieu thereof under this article, in the introductory language of Code Section 32-10-13, relating to composition of authority's fund. (8) By striking hereof and inserting in lieu thereof of this article in Code Section 32-10-16, relating to construction of article.

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(9) By striking hereinabove provided and inserting in lieu thereof provided in this Code section in subsection (a) of Code Section 32-10-42, relating to pledges of revenues, rents, and earnings. (10) By striking hereof and inserting in lieu thereof of this article in Code Section 32-10-75, relating to construction of Article 2 of Chapter 10 of Title 32, relating to the State Tollway Authority. (11) By striking state of Georgia and inserting in lieu thereof State of Georgia in Code Section 32-10-99, relating to credit of state not pledged. Section 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By adding and at the end of (V) in subsection (c) of Code Section 33-14-61, relating to types of insurance in which newly organized insurers authorized to transact business. (2) By striking paragraphs (1) through (5) and inserting in lieu thereof paragraphs (1) through (6) in the first sentence of Code Section 33-30-1, relating to the definition of group accident and sickness insurance. (3) By redesignating Code Section 33-30-28, enacted by Ga. L. 1990, p. 1402, as Code Section 33-30-12. (4) By redesignating Code Section 33-30-29, enacted by Ga. L. 1990, p. 1402, as Code Section 33-30-13. (5) By striking Code Section 33-34-13, which reads as follows: 33-34-13. Reserved., and inserting in lieu thereof a new Code Section 33-34-13 to read as follows: 33-34-13. (a) The Commissioner of Insurance shall adopt rules and regulations necessary for the implementation of this chapter with respect to insurers providing the insurance

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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 of public safety 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. Section 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking hereinafter provided, and inserting in lieu thereof otherwise provided in this chapter, in paragraph (3) of Code Section 34-9-1, relating to definitions regarding workers' compensation. (2) By striking at the beginning of the first calendar year following the effective date of this article, and inserting in lieu thereof January 1, 1991, in paragraph (1) of subsection (a) of Code Section 34-9-386, relating to assessment of participants in the Self-insurers Guaranty Trust Fund. (3) By striking $1,000,000.00 and inserting in lieu thereof $1 million in paragraph (1) of subsection (a) of Code Section 34-13-14, relating to liability insurance, bond, or other security required. Section 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking paragraph (14) of Code Section 35-8-7 and inserting in lieu thereof paragraph (4) of Code Section 35-8-7.1 in subsection (b) of Code Section 35-8-13, relating to training and certification of police chaplains.

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Section 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking 33-34-12 and inserting in lieu thereof 40-6-10 in subsection (a) of Code Section 36-32-7, relating to the jurisdiction of municipal courts to try cases involving the operation of a motor vehicle without insurance. (2) By striking 21-3-53 and inserting in lieu thereof 21-3-52 in subparagraph (b)(2)(A) of Code Section 36-35-3, relating to authority to adopt ordinances, rules, and regulations under municipal home rule powers. (3) By striking or from the end of paragraph (1) of subsection (a) of Code Section 36-42-7, relating to qualifications and reimbursement of directors. (4) By striking collection fee and inserting in lieu thereof connection fee in subsection (c), by striking hook up and inserting in lieu thereof hook-up three times in subsection (c), and by striking General Assembly of Georgia and inserting in lieu thereof General Assembly in subsection (d) of Code Section 36-71-13, relating to requiring a developer to construct reasonable project improvements. (5) By striking state ceiling set said and inserting in lieu thereof state ceiling set aside in paragraph (8) and by striking any issuer and inserting in lieu thereof any issuers in paragraph (26) of Code Section 36-82-182, relating to definitions of the Georgia Allocation System. (6) By striking and at the end of paragraph (1) of subsection (a) of Code Section 36-82-190, relating to reservations from the housing share. (7) By striking low and inserting in lieu thereof low-income both times it appears in Code Section 36-82-196, relating to factors to consider in applying policy guidelines. Section 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows:

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(1) By striking day care and inserting in lieu thereof day-care in paragraph (3) of Code Section 37-4-2, relating to definitions regarding habilitation of the mentally retarded generally. Section 38. Reserved. Section 39. Reserved. Section 40. Reserved. Section 41. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By designating the two existing paragraphs as subsections (a) and (b), respectively, in Code Section 41-1-5, relating to right of action of alienee of injured property for continuance of nuisance. (2) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17 in the introductory language, in paragraph (3), and twice in paragraph (9) of Code Section 41-2-8, relating to definitions for use in Code Sections 41-2-7 through 41-2-17. (3) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7, 41-2-8, this Code section, and Code Sections 41-2-10 through 41-2-17 in paragraph (5) of subsection (b) of Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures. (4) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-9, this Code section, and Code Sections 41-2-11 through 41-2-17 in subsections (a) and (b) of Code Section 41-2-10, relating to determination by public officer that dwelling, building, or structure is unfit or vacant, dilapidated, and being used in connection with the commission of drug crimes. (5) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-10,

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this Code section, and Code Sections 41-2-12 through 41-2-17 and by striking herein granted and inserting in lieu thereof granted in Code Sections 41-2-7 through 41-2-10 and Code Sections 41-2-12 through 41-2-17 in the introductory language of Code Section 41-2-11, relating to powers of public officers in regard to unfit buildings or structures. (6) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-11, this Code section, and Code Section 41-2-13 through 41-2-17 in subsection (a) of Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures. (7) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-13, this Code section, and Code Sections 41-2-15 through 41-2-17 in Code Section 41-2-14, relating to taking of unfit buildings or structures by eminent domain. (8) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-15, this Code section, and Code Section 41-2-17 in Code Section 41-2-16, relating to construction of Code Sections 41-2-7 through 41-2-17 with county or municipal local enabling Act, charter, and other laws, ordinances, and regulations. (9) By striking Code Sections 41-2-7 through 41-2-17 and inserting in lieu thereof Code Sections 41-2-7 through 41-2-16 and this Code section in Code Section 41-2-17, relating to prior ordinances relating to repair, closing, or demolition of unfit buildings or structures. Section 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By striking Work release and inserting in lieu thereof Work-release in paragraph (4) of subsection (d) of Code Section 42-1-5, relating to use of inmate for private gain. (2) By striking as such and inserting in lieu thereof at such in paragraph (1) of subsection (a) of Code Section 42-3-27,

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relating to the establishment of rentals and charges for use of projects by the Department of Corrections. (3) By striking this section and inserting in lieu thereof this Code section in subsection (a) and by striking thirty working and inserting in lieu thereof 30 working in the undesignated paragraph following paragraph (4) of subsection (a) of Code Section 42-5-50, relating to transmittal of information on convicted persons. (4) By striking the state or county correctional institutions, and inserting in lieu thereof any state or county correctional institution, in subsection (f) of Code Section 42-5-52, relating to classification and separation of inmates generally. (5) By adding of Representatives following House in paragraph (3) of subsection (e) of Code Section 42-5-53, relating to the establishment of county correctional institutions. (6) By adding State before Merit System of Personnel Administration in subsection (b) of Code Section 42-8-26, relating to qualifications of probation supervisors. (7) By striking collectible and inserting in lieu thereof collectable in subsection (a) of Code Section 42-8-34.2, relating to delinquency of defendant in payment of fines, costs, or restitution or reparation. (8) By striking rules or regulations and inserting in lieu thereof rules and regulations in subsection (d) of Code Section 42-9-45, relating to general rule-making powers of the board of pardon and paroles. (9) By striking from paragraph (6.2) of Code Section 42-10-4, relating to powers of administration, the following: further, the warehouse the construction of which commenced in DeKalb County in 1988 by the administration and all other facilities of the administration presently completed are hereby ratified and approved;, and inserting in lieu thereof the following:

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provided, further, the warehouse, the construction of which commenced in DeKalb County in 1988 by the administration, and all other facilities of the administration presently completed are ratified and approved;. Section 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking 43-18-51 through 43-18-55 and inserting in lieu thereof 43-18-50 through 43-18-54 in paragraph (2) of subsection (b) of Code Section 43-18-41, relating to qualifications of applicants. (2) By striking paragraph (11) of Code Section 43-18-1 and inserting in lieu thereof Code Section 43-18-70 in paragraph (30) of Code Section 43-18-46, relating to denial or revocation of licenses of funeral directors and embalmers. (3) By striking 43-18-50 and inserting in lieu thereof 43-18-54 in Code Section 43-18-51, relating to renewal of registration of apprenticeship. (4) By striking 43-18-47 and inserting in lieu thereof 43-18-46 in Code Section 43-18-90, relating to legislative intent regarding preneed funeral service contracts. (5) By striking Services and inserting in lieu thereof Service in subdivision (b)(2)(A)(iii)(II) and by striking 42 U.S.C. Section 254(b) or 254(c) and inserting in lieu thereof 42 U.S.C. Section 254b or 254c in subsection (h) of Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant. (6) By striking within two years of the effective date of this chapter and inserting in lieu thereof not later than July 1, 1992 in subparagraph (a)(1)(A) of Code Section 43-39A-8, relating to qualifications for registration, licensing, or certification of real estate appraisers. (7) By striking the state fair housing law and inserting in lieu thereof Article 4 of Chapter 3 of Title 8 in subsection (c) of

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Code Section 43-39A-14, relating to background checks for real estate appraisers. (8) By striking the state fair housing law and inserting in lieu thereof Article 4 of Chapter 3 of Title 8 in subsection (c) of Code Section 43-40-15, relating to granting, revoking, or suspending licenses of real estate brokers and salespersons. (8.1) By striking registered and licensed and inserting in lieu thereof registered or licensed in Code Section 43-44-16, relating to the penalty for practicing speech-language pathology or audiology without registration or a license. (9) By striking paragraph (10) and inserting in lieu thereof paragraph (9) in paragraph (6) of Code Section 43-48-2, relating to definitions of used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers. Section 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking if it deems and inserting in lieu thereof if the commission deems and by deleting of this article following Code Section 44-3-13 in paragraph (1) of subsection (a) of Code Section 44-3-9, relating to order of commission prohibiting act, practice, or transaction in violation of article. (2) By striking article had not been passed and inserting in lieu thereof article had not been enacted in subsection (b) of Code Section 44-3-19, relating to application of prior law to actions, registrations, and orders prior to July 1, 1990. (3) By striking boards of directors and inserting in lieu thereof board of directors in subsection (c) of Code Section 44-3-91, relating to relocation of boundaries between units. (4) By striking condominium instrument and inserting in lieu thereof condominium instruments in paragraph (2) of subsection (a) and by striking are restricted and inserting in lieu thereof is restricted in subsection (b) of Code Section 44-3-93, relating to amendment of condominium instruments.

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(5) By adding and at the end of divisions (b)(6)(A)(xii) and (b)(6)(B)(ii) of Code Section 44-3-111, relating to sales of residential condominium units for residential occupancy. (6) By striking guardian or such and inserting in lieu thereof guardian of such in Code Section 44-6-162, relating to notice of intention to apply for writ of partition. (7) By striking is given and inserting in lieu thereof are given in paragraph (1) of Code Section 44-7-37, relating to liability for rent of military personnel receiving change of duty orders. (8) By striking first class mail and inserting in lieu thereof first-class mail in subsection (a) of Code Section 44-7-51, relating to issuance of summons to any lawful constable of the county where the land is located. (9) By deleting the commas following the words trustees and bonds and by adding a comma following shall in the second sentence of Code Section 44-14-35.1, relating to property covered by mortgage or bill of sale to secure debt. Section 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking Code Section 43-3-15 and inserting in lieu thereof Code Section 45-3-15 in Code Section 45-3-14, relating to loyalty oath and person to be taken from payroll for failure to sign oath. Section 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) By redesignating subsections (g) through (i) as subsections (f) through (h), respectively in Code Section 46-5-134, relating to billing of subscribers for emergency telephone number 911 systems. Section 47. Reserved.

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Section 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By deleting Code Section 48-5-160 or from Code Section 48-5-162, relating to penalties for certain violations. (2) By striking Code Section 40-2-30 and inserting in lieu thereof Code Section 40-2-33 in subsection (e) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners. (3) By striking paragraph (3), (10), or (11) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (11)(A)(i), (11)(A)(ii), and (11)(A)(iii) of Code Section 48-10-2 and inserting in lieu thereof paragraph (3), (9), or (10) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-10-2 in Code Section 48-10-6, relating to transfers of annual licenses and plates to certain other vehicles. (4) By striking paragraph (3), (10), or (11) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (11)(A)(i), (11)(A)(ii), and (11)(A)(iii) of Code Section 48-10-2 and inserting in lieu thereof paragraph (3), (9), or (10) of Code Section 48-10-2, except those named in divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-10-2 in Code Section 48-10-7, relating to rate of annual license fee for certain registered vehicles. (5) By striking divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (11)(A)(i), (11)(A)(ii), and (11)(A)(iii) of Code Section 48-10-2 and inserting in lieu thereof divisions (3)(A)(i), (3)(A)(ii), (3)(A)(iii), (10)(A)(i), (10)(A)(ii), and (10)(A)(iii) of Code Section 48-10-2 in Code Section 48-10-14, relating to the decrease of allowable maximum weight for trucks and tractors. (6) By striking Code Section 16-13-39 and inserting in lieu thereof Code Section 16-13-49 in Code Section 48-15-11, relating to forefeiture law not superseded by certain excise tax laws. Section 49. Reserved.

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Section 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking Article 1 of Chapter 12 of Title 50, relating to the Georgia Commission for the National Bicentennial Celebration and inserting in lieu thereof: ARTICLE 1 RESERVED. (2) By deleting and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation and by deleting and the Federal Savings and Loan Insurance Corporation in paragraph (5) of subsection (a) of Code Section 50-17-59, relating to deposit of securities in lieu of bond. (3) By adding between the words state banks and the word located the words or federal savings and loan associations, by deleting federal savings and loan associations and, by deleting the Federal Savings and Loan Insurance Corporation or, and by deleting or the Federal Savings and Loan Insurance Corporation in subparagraph (b)(11)(E) of Code Section 50-23-5, relating to the purpose, powers, and duties of the Georgia Environmental Facilities Authority. 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 publication, as amended by the text and numbering of Code sections as contained in the 1990 supplements to the Official Code of Georgia Annotated published under authority of the state in 1990 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;

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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 1991 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. Section 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 56. All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1991.

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RETIREMENT AND PENSIONS CODE REVISION. Code Title 47 Amended. No. 10 (House Bill No. 168). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking paragraph (2) and inserting in lieu thereof paragraph (3) in Code Section 47-2-56, relating to maintenance of annuity and pension reserves and payment of benefits under Chapter 2 of Title 47, relating to the Employees' Retirement System of Georgia, as obligations of the pension accumulation fund. (2) By striking subsection (d) and inserting in lieu thereof subsection (d) of this Code section in paragraph (2) of subsection (b) of Code Section 47-2-298, relating to creditable service under the Employees' Retirement System of Georgia for employees of county departments of family and children services. (3) By striking and provided further and inserting in lieu thereof and, provided, further, in subsection (a) of Code Section 47-3-84.2, relating to credit for service by certain members of the Teachers Retirement System of Georgia.

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(4) By striking instituion and inserting in lieu thereof institution in subsection (a) of Code Section 47-3-91, relating to credit under the Teachers Retirement System of Georgia for service for visiting scholars. (5) By striking guarantys and inserting in lieu thereof guaranties in subsection (d) of Code Section 47-5-24, relating to powers of the Board of Trustees of the Georgia Municipal Employees Benefit System. (6) By striking retired person's surviving spouse's and inserting in lieu thereof retired person's, surviving spouse's in paragraph (2) of subsection (h) of Code Section 47-7-100, relating to eligibility for full or partial benefits, optional benefits, and early retirement under the Georgia Firemen's Pension Fund. (7) By striking this subsection (i) and inserting in lieu thereof this subsection in paragraph (1) and by striking this paragraph (3) and inserting in lieu thereof this paragraph in paragraph (3) of subsection (i) and by striking Section and inserting in lieu thereof section in paragraph (1) of subsection (j) of Code Section 47-7-102, relating to disability benefits under the Georgia Firemen's Pension Fund. (8) By striking disability benefit which and inserting in lieu thereof disability benefits to which in subsection (c) of Code Section 47-7-124, relating to disposition of funds abandoned by members of the Georgia Firemen's Pension Fund who are separated from the service. (9) By striking retirement fund and inserting in lieu thereof retirement system in paragraph (2) of subsection (a) of Code Section 47-9-60, relating to creation of the office of senior judge of the superior courts and benefits under the Superior Court Judges Retirement System. (10) By striking Code Sections 47-10-61 and 47-10-62 and inserting in lieu thereof Code Section 47-10-62 both times it appears and by striking Code Section 47-10-61 or 47-10-62, and inserting in lieu thereof Code Section 47-10-62, in Code Section 47-10-63, relating to designation of a person responsible for submitting reports of salaries or fees received and forwarding

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employee contributions to the Trial Judges and Solicitors Retirement Fund. (11) By deleting subsection (a) of Code Section 47-10-61 and in subsection (a) of Code Section 47-10-65, relating to contributions for spouses' benefits coverage under the Trial Judges and Solicitors Retirement Fund. (12) By adding of this Code section following paragraph (5) both times it appears in paragraph (8) of Code Section 47-11-40, relating to membership and prior service credit in the Judges of the Probate Courts Retirement Fund of Georgia. (13) By striking District Attorneys' Retirement Fund and inserting in lieu thereof District Attorneys Retirement Fund of Georgia in subparagraph (A) and by striking Any district attorney who is and inserting in lieu thereof Who is in subparagraph (B) of paragraph (6) of Code Section 47-13-2, relating to definitions of terms used in Chapter 13 of Title 47, known as the District Attorneys' Retirement Act. (14) By striking such retirement System and inserting in lieu thereof such retirement system in subsection (a) and by striking superior Court judge and inserting in lieu thereof superior court judge in subparagraph (b)(2)(D) of Code Section 47-13-40.1, relating to maintaining membership in the District Attorney's Retirement System while holding position or office covered by another retirement system. (15) By deleting the comma following provided at the end of paragraph (1) of subsection (a) and by striking retired benefits and inserting in lieu thereof retirement benefits in subsection (b) and by adding a comma following the words persons already receiving retirement benefits in the last sentence of subsection (e) of Code Section 47-16-101, relating to retirement benefit options. (16) By striking legislative fundings and inserting in lieu thereof legislative findings and by striking Georgia Firemen's Pension Funds and inserting in lieu thereof Georgia Firemen's Pension Fund in Code Section 47-20-63, relating to requirements for exempting bills regarding the Georgia Firemen's

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Pension Fund from the provisions of Chapter 20 of Title 47, known as the Public Retirement Systems Standards Law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 14, 1991. ELECTIONS CODE REVISION. Code Title 21 Amended. No. 11 (House Bill No. 68). 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:

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(1) By deleting the parentheses preceding duly and following 21-2-110 and by striking virtue that being and inserting in lieu thereof virtue of being in subsection (g) of Code Section 21-2-170, relating to nomination of candidates by petition. (2) By striking to a a chief deputy and inserting in lieu thereof to a chief deputy and by striking , board of registrars, and inserting in lieu thereof , member of a county board of registrars, in subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars. (3) By striking complete and inserting in lieu thereof complete in subsection (a) of Code Section 21-2-527, relating to pronouncement of judgment in certain election contests. (4) By striking this and inserting in lieu thereof his in paragraph (2) of Code Section 21-3-442, relating to unqualified persons registering as electors. (5) By inserting a comma between superintendent and if in subparagraph (C) of paragraph (3) and by striking section and inserting in lieu thereof section in paragraph (10) of Code Section 21-4-3, relating to definitions regarding recall of public officers. 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 14, 1991.

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DISTRICT ATTORNEYS AND SOLICITORS MILITARY SERVICE; ELIGIBILITY FOR REELECTION. Code Section 15-18-4.1 Enacted. Code Sections 15-7-24, 15-18-15, and 15-18-25 Amended. No. 14 (Senate Bill No. 112). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eligible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for the designation of an acting district attorney in the event that the person holding such office is performing ordered military duty; to provide for the compensation and employee benefits for such acting district attorney; to provide that a district attorney may be fined for failing to attend the courts without just cause; to amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of the state courts, so as to provide that the foregoing provisions shall apply to solicitors of the state courts; to provide for other matters relating 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 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, is amended by inserting immediately following Code Section 15-18-4, a new Code Section 15-18-4.1, to read as follows: 15-18-4.1. (a) Any district attorney who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, primary or general, which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office.

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(b) Where the giving of written notice of candidacy is required, any district attorney who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent public official. Section 2. Said article is further amended by striking subsection (b) of Code Section 15-18-15, relating to the chief assistant district attorney, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) In the event of the absence or disability of the district attorney, the chief assistant district attorney shall have the same power, duties, and responsibilities as the district attorney. (2) If the district attorney shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, the chief assistant district attorney shall be the designated acting district attorney. If no chief assistant has been designated pursuant to subsection (a) of this Code section, the district attorney shall designate a chief assistant district attorney pursuant to subsection (a) of this Code section prior to entering ordered military service. Should the district attorney fail to designate a chief assistant district attorney prior to entering ordered military duty, the assistant district attorney senior in time of service shall be designated the acting district attorney. The designation of an acting district attorney shall terminate upon the district attorney's release from ordered military duty. (3) An acting district attorney, upon assuming the office, shall be compensated at the same rate as is authorized by general or local law for the district attorney. The acting district attorney shall retain such other benefits and emoluments as an assistant district attorney, including, but not limited to, membership in the Employees' Retirement System of Georgia and coverage under the State Employees Health Benefit Plan.

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(4) The acting district attorney shall be authorized to appoint an additional assistant district attorney who shall be compensated in the same manner and from the same source or sources as the acting district attorney was compensated prior to being designated acting district attorney. Said appointment shall be temporary and shall terminate upon the district attorney resuming the duties of his office. Section 3. Said article is further amended by striking Code Section 15-18-25, relating to fine for failure to attend courts, in its entirety and inserting in lieu thereof the following: 15-18-25. If a district attorney fails to attend on the courts of his circuit as required, without just cause, he is liable to be fined $50.00 for each failure, to be retained out of his salary. Section 4. Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors of the state courts, is amended by inserting immediately following subsection (e) new subsections (f) and (g) to read as follows: (f) (1) Any solicitor of a state court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, primary or general, which may be held to elect a successor for the next term of office and may qualify in absentia as a candidate for reelection to such office. (2) Where the giving of written notice of candidacy is required, any solicitor of a state court who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated by the absent public official. (g) (1) Unless otherwise provided by local law, in the event of the absence or disability of the solicitor, the chief assistant solicitor shall have the same power, duties, and responsibilities as the solicitor.

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(2) If the solicitor shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, the chief assistant solicitor shall be the designated acting solicitor. If no chief assistant has been designated by the solicitor, the solicitor shall designate a chief assistant solicitor prior to entering ordered military duty. Should the solicitor fail to designate a chief assistant solicitor prior to entering ordered military duty, the assistant solicitor senior in time of service shall be designated the acting solicitor. The designation of an acting solicitor shall terminate upon the solicitor's release from ordered military duty. If there are no assistant solicitors, the chief judge shall appoint a solicitor pro tempore pursuant to Code Section 15-18-5. The designation shall terminate upon the solicitor's release from ordered military duty. (3) An acting solicitor, upon assuming the office, shall be compensated at the same rate as is authorized by general or local law for the solicitor. The acting solicitor shall retain such other benefits and emoluments as an assistant solicitor, including, but not limited to, membership in any retirement system which such assistant was a member of at the time of the appointment as acting solicitor. (4) The acting solicitor shall be authorized to appoint an additional assistant solicitor who shall be compensated in the same manner and from the same source or sources as the acting solicitor was compensated prior to being designated acting solicitor. Said appointment shall terminate upon the solicitor resuming the duties of his office. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Any assistant district attorney who has served as acting district attorney for at least 30 days prior to the effective date of

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this Act shall be eligible immediately to receive the compensation provided for in Section 2 of this Act. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1991. EMPLOYMENT SECURITY LAW REVISION AND REDESIGNATION OF PROVISIONS; BENEFITS; UNEMPLOYMENT COMPENSATION; EMPLOYER LAYOFFS; CLAIMS; CROSS-REFERENCES. Code Title 34, Chapter 8 Amended. Code Sections 48-7-161 and 50-5-72 Amended. No. 15 (House Bill No. 303). AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to revise comprehensively Chapter 8 of said title, known as the Employment Security Law; to provide for the redesignation and relocation of provisions; to revise and provide for definitions; to provide for editorial revision; to change the provisions relating to the charging of benefits; to change provisions relating to the computation of unemployment compensation benefits; to provide for the deferral of payment of unemployment compensation benefits in certain cases; to revise provisions relating to the acceptance of suitable employment at reduced wage levels; to allow benefits to be paid to individuals volunteering for employer initiated layoffs; to provide procedures for the filing of claims by employers on behalf of their employees in certain cases; to provide for administrative assessments; to provide for the posting of surety bonds by certain employers; to change the method of charging penalties for the late filing of certain reports; to allow certain employers to report wages as common paymasters; to provide for other matters relative to the

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foregoing; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions of terms used with respect to setoff debt collection by the Department of Revenue, so as to revise references to Chapter 8 of Title 34; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to revise a reference to Chapter 8 of Title 34; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking in its entirety Chapter 8, known as the Employment Security Law, and inserting in its place a new Chapter 8 to read as follows: CHAPTER 8 ARTICLE 1 34-8-1. This chapter shall be known and may be cited as the `Employment Security Law.' 34-8-2. As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this state require

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the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. 34-8-3. The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private rights of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter, or by actions taken pursuant thereto, shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time. 34-8-4. In any civil action to enforce this chapter, the Commissioner, the Board of Review, and the state shall be represented by the Attorney General of this state. ARTICLE 2 34-8-20. (a) As used in this chapter, the term `annual payroll' means the total amount of wages for employment paid by an employer during the 12 month period immediately preceding and ending on the computation date. (b) As used in this chapter, the term `average annual payroll' means the average of the annual payrolls of an employer for the last three 12 month periods immediately preceding the computation date, except that for an employer whose account could have been charged with benefit payments throughout at least 12 but less than 36 consecutive calendar months immediately preceding and ending on the computation date, the term `average annual payroll' means the total amount of wages for employment paid by such employer during the 12 month period immediately preceding and ending on the computation date. 34-8-21. As used in this chapter, the term `base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state.

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34-8-22. As used in this chapter, the term `benefits' means the compensation payable to an individual, as provided in this chapter, with respect to the individual's unemployment. 34-8-23. As used in this chapter, the term `benefit year' with respect to any individual means the one-year period beginning with the day on which a valid claim is filed. In the case of a combined wage claim pursuant to Code Section 34-8-80, the benefit year shall be that of the paying state. Benefits may only be paid during the applicable benefit year, unless there is an extended benefits period in effect as provided in Code Section 34-8-197. 34-8-24. As used in this chapter, the term `bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions. 34-8-25. As used in this chapter, the term `calendar quarter' means the period of three consecutive calendar months ending on the dates of March 31, June 30, September 30, or December 31 of each year or such other dates as the Commissioner may by regulation prescribe. 34-8-26. As used in this chapter, the term `Commissioner' means the Commissioner of Labor. 34-8-27. As used in this chapter, the term `common paymaster' means one of two or more related corporations which concurrently employ the same individual and which is designated to remunerate such individual for services performed for all such related corporations. Upon approval by the Commissioner, the common paymaster shall be considered the employer of such individual and shall be responsible for contributions due on wages paid. Each of the related corporations shall be considered to have paid as remuneration to such individual only the amounts actually disbursed by it to such individual and shall not be considered to have paid as remuneration to such individual amounts actually disbursed to such individual by the common paymaster.

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34-8-28. As used in this chapter, the term `computation date' means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the 36 consecutive calendar month period immediately preceding and ending on the computation date. 34-8-29. (a) As used in this chapter, the term `contributions' means the money payments to the Unemployment Compensation Fund required by Code Sections 34-8-150 through 34-8-156. (b) As used in this chapter, the term `payments in lieu of contributions' means the money payments to reimburse the Unemployment Compensation Fund for benefit payments charged to employers as required pursuant to Code Sections 34-8-158 through 34-8-161. 34-8-30. As used in this chapter, the term `deductible earnings' means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. Deductible earnings shall be subtracted from the weekly benefit amount of the claim. 34-8-31. As used in this chapter, the term `department' means the Georgia Department of Labor. 34-8-32. (a) As used in this chapter, the term `employee leasing company' means an independently established business entity which engages in the business of providing leased employees to any other employing unit under the following conditions: (1) Negotiates with clients or customers for such matters as time, place, type of work, working conditions quality, and price of service; (2) Determines assignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments; (3) Sets the rate of pay of the individuals, whether or not through negotiation;

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(4) Pays the individuals from its accounts; and (5) Hires and terminates individuals who perform services for the clients or customers. (b) Individuals performing services for an employee leasing company shall be considered employees of the employee leasing company. The employee leasing company shall file required reports in accordance with regulations prescribed by the Commissioner and pay contributions on wages paid to such employees. (c) Individuals who perform services for temporary help contracting firms as that term is defined in Code Section 34-8-46 shall not be considered employees of an employee leasing company. 34-8-33. (a) As used in this chapter, the term `employer' means: (1) Any employing unit which, in either the current or preceding calendar year: (A) Paid in any calendar quarter wages of $1,500.00 or more for service in employment; or (B) Had in employment at least one individual, irrespective of whether the same individual was in employment on each such day, for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive; (2) Any employing unit which, within either the current or preceding calendar year, paid for domestic service, as defined in subsection (l) of Code Section 34-8-35, cash remuneration of $1,000.00 or more during any calendar quarter; (3) Any employing unit which within either the current or preceding calendar year:

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(A) Paid, during any calendar quarter, remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor; or (B) Had ten or more individuals employed in agricultural labor, regardless of whether they were employed at the same moment of time, for some portion of a day in each of 20 different calendar weeks in a calendar year. For the purposes of subparagraphs (A) and (B) of this paragraph, service in agricultural labor performed before January 1, 1993, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the federal Immigration and Nationality Act shall not be taken into account; (4) Any religious, charitable, educational, or other organization if the following conditions are met: (A) The organization's employment is excluded from the Federal Unemployment Tax Act by reason of Section 3306(c)(8) of that act; and (B) The organization had, within either the current or preceding calendar year, four or more individuals in employment for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive and regardless of whether they were employed at the same time; (5) Any governmental entity for which service in employment as defined in subsection (h) of Code Section 34-8-35 is performed; (6) Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such calendar year. Any employer subject to this chapter shall remain an employer unless liability has been terminated in accordance with Code Section 34-8-163;

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(7) Any employing unit which has elected to become an employer subject to this chapter pursuant to the following: (A) An employing unit not otherwise subject to this chapter which files with the Commissioner its written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of the Commissioner, become an employer subject to the same extent as all other employers as of the date stated in such approval. The employer shall cease to be subject as of January 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year it has filed with the Commissioner a written notice to that effect. However, any employing unit which has elected coverage under this Code section and subsequently becomes liable by operation of law may terminate coverage only as provided in Code Section 34-8-163; or (B) Any employing unit for which services are performed that do not constitute employment as defined in this chapter may file with the Commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employment for all purposes of this chapter. The election must be for not less than two calendar years. Upon the written approval of the Commissioner, such services shall be deemed to constitute employment subject to this chapter after the date stated in such approval. Such services shall cease to be deemed employment as of January 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year such employing unit has filed with the Commissioner a written notice to that effect; (8) Any employing unit which acquired the organization, trade or business, or substantially all of the assets of another which at the time of such acquisition was an employer subject to this chapter;

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(9) Any employing unit which acquired the organization, trade or business, or substantially all of the assets of another employing unit, if the employment record of such employing unit subsequent to such acquisition together with the employment record of the acquired unit prior to such acquisition, both within the same calendar year, would be sufficient to meet any other definition of employer within this chapter; or (10) Any employing unit which is not an employer by reason of any other paragraph of this Code section: (A) For which services are performed within the state with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state unemployment compensation fund; or (B) Which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required to be covered under this chapter. (b) Nothing in this chapter shall be construed to require identical coverage to that provided by the Federal Unemployment Tax Act, as amended, nor shall interpretations as to liability or nonliability by federal administrative agencies be binding on the department. 34-8-34. As used in this chapter, the term `employing unit' means any individual, the legal representative of a deceased individual, or any type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, employee leasing company, common paymaster, or the receiver, trustee in bankruptcy, trustee, or successor thereof which has or had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed

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by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work. 34-8-35. (a) As used in this chapter, the term `employment' means any service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. (b) The term `employment' shall include an individual's entire service performed within and outside this state, if: (1) The service is localized in this state. Service shall be deemed to be localized within a state if: (A) The service is performed entirely within such state; or (B) The service is performed both within and outside the state, but the service performed outside the state is incidental to the individual's service within the state. `Incidental service' shall include service that is temporary or transitory in nature or consists of isolated transactions; (2) The service is not localized in any state but some of the service is performed in this state and: (A) The base of operations or, if there is no base of operations, the place from which such service is directed or controlled is in this state; or (B) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state; (3) The service is performed within the United States or Canada, if such service is not covered under the unemployment compensation law of any other state or Canada

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and the place from which the service is directed and controlled is in this state; or (4) The service is performed outside the United States, except Canada, by an individual who is a citizen of the United States in the employ of an American employer, other than service which is deemed `employment' under subsections (d) and (e) of this Code section or the parallel provisions of another state's law, if: (A) The employer's principal place of business is located in this state; (B) The employer has no place of business in the United States, but: (i) The employer is an individual who is a resident of this state; (ii) The employer is a corporation which is organized under the laws of this state; or (iii) The employer is a partnership or a trust and the number of partners or trustees who are residents of this state is greater than the number who are residents of any other state; or (C) None of the criteria of subparagraphs (A) and (B) of this paragraph is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits based on such service pursuant to this chapter. (c) For the purposes of paragraph (4) of subsection (b) of this Code section: (1) The term `American employer' means: (A) An individual who is a resident of the United States;

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(B) A partnership, if two-thirds or more of the partners are residents of the United States; (C) A trust, if all the trustees are residents of the United States; or (D) A corporation organized under the laws of the United States or of any state. (2) The term `United States' includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (d) Services performed within this state but not covered under subsection (b) of this Code section shall be deemed to be employment subject to this chapter if contributions are not required and paid with respect to such services under an unemployment compensation law of any other state or of the federal government. (e) Services not covered under subsection (b) of this Code section and performed entirely outside this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this chapter if the individual performing such services is a resident of this state and the Commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual be deemed to be employment subject to this chapter. (f) Services performed by an individual for wages shall be deemed to be employment subject to this chapter unless and until it is shown that: (1) Such individual has been and will continue to be free from control or direction over the performance of such services, both under the individual's contract of service and in fact; (2) Such service is outside the usual course of the business for which such service is performed or such service is

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performed outside of all the places of business of the enterprise for which such service is performed; and (3) Such individual is customarily engaged in an independently established trade, occupation, profession, or business. (g) (1) The term `employment' shall include all services performed, including service in interstate commerce, by: (A) Any officer of a corporation; or (B) Any individual, other than an individual who is an employee under subparagraph (A) of this paragraph, who performs services for remuneration for any person: (i) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages other than milk, or laundry or dry-cleaning services for his or her principal; or (ii) As a traveling or city salesman, other than an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of and the transmission to his principal, except for sideline sales activities on behalf of some other person, of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations. (2) For purposes of subparagraph (B) of paragraph (1) of this subsection, the term `employment' shall include services described in divisions (1)(B)(i) and (1)(B)(ii) of this subsection performed only if: (A) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;

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(B) The individual does not have a substantial investment in facilities used in connection with the performance of the services other than in facilities for transportation; and (C) The services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. (h) The term `employment' shall include service performed in the employ of this state or any of its instrumentalities or any political subdivision of this state or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions, provided that such service is excluded from `employment' as defined in the Federal Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from `employment' under paragraph (3) of subsection (j) of this Code section. Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165. For the purposes of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed to be employees of this state. (i) The term `employment' shall include service performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if such organization meets the definition of employer in Code Section 34-8-33. (j) For the purposes of subsections (h) and (i) of this Code section, the term `employment' does not apply to service performed: (1) In the employ of: (A) A church or convention or association of churches; or

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(B) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; (2) By a duly ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by such order; (3) In the employ of a governmental entity referred to in subsection (h) of this Code section if such service is performed by an individual in the exercise of duties: (A) As an elected official; (B) As a member of a legislative body or a member of the judiciary of a state or political subdivision; (C) As a member of the state National Guard or Air National Guard; or (D) In a position which, under or pursuant to the laws of this state, is designated as (i) a major nontenured policy-making or advisory position, or (ii) a policy-making or advisory position, the performance of the duties of which ordinarily does not require more than eight hours per week; (4) By an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market; (5) By an individual receiving work relief or work training as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This exclusion shall not apply to programs

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that provide for and require unemployment insurance coverage for the participants; or (6) By an inmate of a custodial or penal institution. (k) The term `employment' shall include service performed on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States. (l) The term `employment' shall include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, but only if the employing unit meets the definition of employer in Code Section 34-8-33. (m) (1) The term `employment' shall include service performed by an individual in agricultural labor, as defined in paragraph (2) of this subsection, but only if the employing unit meets the definition of employer in Code Section 34-8-33. (2) As used in this subsection, the term `agricultural labor' means service on a farm: (A) In the employ of any employing unit in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticulatural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, fur-bearing animals, and wildlife; (B) In the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, if the major part of such service is performed on a farm; (C) In connection with the production or harvesting of any commodity defined as an agricultural commodity

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in Section 15(g) of the federal Agricultural Marketing Act of 1946, as amended, or in connection with the ginning of cotton or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways not owned or operated for profit and used exclusively for supplying and storing water for farming purposes; or (D) In handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market any agricultural or horticultural commodity, but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. This paragraph shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. This paragraph shall also apply to services performed in the employ of a group of operators of farms, or a cooperative organization of which such operators are members, in the performance of service prescribed in this paragraph, but only if such operators produced more than one-half of the commodity with respect to which such service is performed. (3) As used in this subsection, the term `farm' includes: (A) Those farms used for production of stock, dairy products, poultry, fruit, and fur-bearing animals; and (B) Truck farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar structures or tracts used primarily for the raising of agricultural or horticultural commodities. (4) For the purposes of this subsection, any individual who is a member of a crew furnished by a crew leader to perform

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service in agricultural labor for any other person shall be treated as an employee of such crew leader: (A) If such crew leader holds a valid certificate of registration under the federal Farm Labor Contractor Registration Act of 1963 or if substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment which is provided by such crew leader; and (B) If such individual is not an employee of such other person within the meaning of paragraph (1) of this subsection. (5) For the purposes of paragraph (4) of this subsection, in the case of any worker who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of such crew leader under this paragraph: (A) Such other person and not the crew leader shall be treated as the employer of the worker; and (B) Such other person shall be treated as having paid cash remuneration to the worker in an amount equal to the amount of cash remuneration paid to the worker by the crew leader, either on the worker's own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person. (6) For purposes of paragraphs (4) and (5) of this subsection, the term `crew leader' means an individual who: (A) Furnishes workers to perform service in agricultural labor for any other person; (B) Pays, either on such individual's own behalf or on behalf of another person, the workers so furnished for the service in agricultural labor performed by them; and

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(C) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. (n) The term `employment' shall not include: (1) Service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $50.00 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For the purposes of this paragraph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if: (A) On each of some 24 days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employer's trade or business; or (B) Such individual was regularly employed, as determined under subparagraph (A) of this paragraph, by such employer in the performance of such service during the preceding calendar quarter; (2) Service performed in the employ of a hospital, if such service is performed by a patient of a hospital; (3) Service performed by an individual in the employ of the individual's son, daughter, or spouse and service performed by a child under the age of 21 years in the employ of his or her father or mother; (4) Service performed in the employ of the United States government or of an instrumentality wholly owned by the United States; except that, if the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law or act, then, to the extent permitted by Congress and from and after the date as of which such permission becomes effective, all of the provisions of this chapter shall be applicable to such instrumentalities and to services performed

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by employees for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers and employing units; (5) Service performed in the employ of an employer, as defined by the federal Railroad Unemployment Insurance Act, or as an `employee representative,' as defined by the federal Railroad Unemployment Insurance Act, and service with respect to which unemployment compensation is payable under an unemployment compensation system for maritime employees or under any other unemployment compensation system established by an act of Congress; provided, however, that the Commissioner is authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreements shall become effective ten days after publication thereof in the manner provided in Code Section 34-8-71 for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such act or acts of Congress or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this chapter; (6) Service performed in any calendar quarter in the employ of any organization exempt from income tax under 26 U.S.C. Section 501: (A) The remuneration for which does not exceed $50.00; or (B) In the employ of a school, college, or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university or by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (i) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university and (ii) such employment will not be covered by any program of unemployment insurance;

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(7) Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law; and service performed in the employ of a hospital in a clinical training program for a period of one year by an individual immediately following the completion of a four-year course in a medical school chartered or approved pursuant to state law; (8) Service performed by an individual under the age of 18 years in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution; (9) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesperson, if all such service performed by such individual for such employer is performed for remuneration solely by way of commission; (10) Services performed for an employer who is a common carrier of persons or property by an individual, firm, or corporation, as commission agent, in disseminating information with respect to and selling transportation of persons or property, and in maintaining facilities incidental thereto, including waiting areas, dining rooms, and rest rooms for passengers and storage space for property; provided, however, that: (A) All such services are performed by such individual, firm, or corporation as an independent contractor for such employer and are remunerated solely by way of commissions on the sale price of such transportation; (B) The employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia and the rules and regulations of the Public Service Commission, the Interstate Commerce Commission,

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and all other regulatory bodies having jurisdiction of the premises; and (C) Such services are not rendered in an establishment devoted primarily to use as a waiting room for the passengers or as a storage room for the property carried or to be carried by such common carrier; (11) Service performed by an individual who is enrolled as a student at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, in a full-time program taken for credit at such institution, which program combines academic instruction with work experience, if such service is an integral part of such program and such institution has so certified to the employer, except that this paragraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers; (12) 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, seaweed, or other aquatic 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 registered tonnage of merchant vessels under the laws of the United States; (13) Service, other than service performed by a child under the age of 18 years in the employ of his or her father or mother, performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an

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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 a 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 crew of each boat from which the individual receives a share is normally made up of fewer than ten individuals; (14) Service performed in the employ of a foreign government; or (15) If the services performed during one-half or more of any pay period by an employee for the employing unit employing him or her constitute employment, all the services of such employee for such period shall be deemed to be employment; but, if the services performed during more than one-half of any such pay period by an employee for the employing unit employing him or her do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this Code section, the term `pay period' means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the employee by the employing unit employing him or her. This Code section shall not be applicable with respect to services performed in a pay period by an employee for the employing unit employing

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him or her where any of such service is excepted by paragraph (5) of subsection (n) of this Code section. 34-8-36. As used in this chapter, the term `employment office' means a free public employment office or branch thereof operated by this state or maintained as a part of a state controlled system of public employment offices. 34-8-37. As used in this chapter, the term `Employment Security Administration Fund' means the Employment Security Administration Fund which is established by this chapter and from which administrative expenses under this chapter shall be paid. 34-8-38. As used in this chapter, the term `experience rating account' means the individual experience of a covered employer, as determined by factors set forth in Code Sections 34-8-150 through 34-8-157. 34-8-39. As used in this chapter, the term `extended benefits' means benefits, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, payable to an individual under Code Section 34-8-197 for the weeks of unemployment in the eligibility period of the individual. 34-8-40. As used in this chapter, the term `fund' means the Unemployment Compensation Fund which is established by Code Section 34-8-83 and from which all benefits provided under this chapter shall be paid. 34-8-41. As used in this chapter, the term `insured work' means employment for a liable employer. 34-8-42. As used in this chapter, the term `liable employer' means an employer who is responsible for the payment of unemployment contributions or payments in lieu of contributions or a governmental entity. 34-8-43. (a) As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term `most recent employer' means the last liable employer for whom an individual worked and:

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(1) The individual was separated from work for a disqualifying reason; (2) The individual was released or separated from work under nondisqualifying conditions and earned wages of at least ten times the weekly benefit amount of the claim; or (3) The employer files the claim for the individual by submitting such reports as authorized by the Commissioner. (b) As used in this chapter, the term `most recent employer' means, for claims with benefit years that begin on or before December 31, 1991, the last liable employer for whom an individual worked and: (1) From whom the individual was separated from work for a disqualifying reason; or (2) From whom the individual was released or separated from work under nondisqualifying conditions and earned wages equal to the lesser of $500.00 or eight times the weekly benefit amount of the claim. (c) Where no employer in subsection (a) or (b) of this Code section meets the definition of most recent employer from the beginning of the base period to the date the claim is filed, the last liable employer for whom the individual worked shall be considered as the most recent employer for determining eligibility for benefits. (d) Where periods of employment with the same liable employer fail, independently, to meet the definition of most recent employer in subsection (a) or (b) of this Code section, such periods of employment may be used cumulatively to determine the most recent employer and eligibility for benefits shall be determined by the reason for separation from the last employment with such employer. 34-8-44. As used in this chapter, the term `state' includes the states of the United States of America, the District of

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Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. 34-8-45. As used in this chapter, the term `supplemental unemployment benefits' means only: (1) Benefits which are paid to an employee because of such employee's involuntary separation from the employment of the employer, whether or not such separation is temporary, which separation results directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions; and (2) Sickness and accident benefits subordinate to the benefits described in paragraph (1) of this Code section. 34-8-46. As used in this chapter, the term `temporary help contracting firm' means any person who is in the business of employing individuals and, for compensation from a third party, providing those individuals to perform work for the third party under the general or direct supervision of the third party. Employment with a temporary help contracting firm is characterized by a series of limited-term assignments of an employee to a third party, based on a contract between the temporary help contracting firm and the third party. A separate employment contract exists between the temporary help contracting firm and each individual it hires as an employee. Completion of an assignment for a third party by an employee employed by a temporary help contracting firm does not, in itself, terminate the employment contract between the temporary help contracting firm and the employee. 34-8-47. For purposes of this chapter, an individual shall be deemed `unemployed' in any week during which the individual performs no services and with respect to which no wages are payable to him or her or in any week of less than full-time work if his or her deductible earnings do not equal or exceed his or her weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals and shall make such distinctions in the procedures as to total unemployment, partial unemployment of individuals attached to their regular jobs, temporary employment, and other forms of short-time work as is deemed necessary. An individual compensated

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solely on a commission basis shall be deemed to be unemployed only upon the termination of his or her contract of employment. 34-8-48. As used in this chapter, the term `valid claim' means a claim filed for unemployment compensation benefits in which sufficient base period wages establish a monetary entitlement as provided in Code Section 34-8-193. 34-8-49. (a) (1) As used in this chapter, the term `wages' means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with the rules or regulations prescribed by the Commissioner. (2) The term `wages' also means, for the purpose of determining benefit rights of a claimant, wages payable but unpaid where the employer has been adjudicated bankrupt. (b) The term `wages' shall not include: (1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, `taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts: (A) For the period January 1, 1976, through December 31, 1982 $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 $7,500.00; and (D) January 1, 1990, and thereafter $8,500.00;

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provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer; (2) The amount of any payment to or on behalf of an employee under a plan or system established by an employer which makes provision for its employees generally or for a class or classes of its employees, including any amount paid by an employer for insurance or annuities or into a fund to provide for any such payment, on account of: (A) The termination of an employee's employment relationship because of (i) death, or (ii) retirement for disability, other than any such payment or series of payments which would have been paid to the employee or his or her dependents if the employee's employment relationship had not been so terminated; (B) The supplementation of unemployment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument. Such payments shall not be construed to be wages or compensation for personal services under this chapter and benefit payments under this chapter shall not be denied or reduced because of the receipt of payments under such arrangements or plans; (C) Sickness or accident disability, but, in the case of payments made to an employee or any of his or her dependents, this subparagraph shall exclude from the term `wages' only payments which are received under a workers' compensation law; (D) Medical and hospitalization expenses in connection with sickness or accident disability; (E) Death; or (F) Temporary layoff, but, in the case of payments made to an employee who is temporarily laid off or to any of his or her dependents, this subparagraph shall exclude from the term `wages' only payments made out

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of a 100 percent vested account in the name of such employee under a pension or profit-sharing plan or trust that is qualified under Section 501(a) of the federal Internal Revenue Code of 1986; (3) Payment by an employer without deduction from the remuneration of an employee of the tax imposed by Section 3101 of the federal Internal Revenue Code of 1986, with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor; (4) Any remuneration paid for services by an alien, unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law, including an alien who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the federal Immigration and Nationality Act; (5) Any remuneration paid in any medium other than cash to an employee for agricultural labor or for service not in the course of the employer's trade or business; (6) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer; (7) Any payment made to, or on behalf of, an employee or his beneficiary from, under, or to a trust, annuity plan, simplified employee pension plan, annuity contract, exempt governmental deferred compensation plan, supplemental pension benefits plan or trust, or cafeteria plan, as such payments are defined under Section 3306(b)(5) of the federal Internal Revenue Code of 1986; or

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(8) Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died. (c) Any remuneration not elsewhere included in the definition of wages by this chapter, but for which services are performed within this state and for which an employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state fund, shall, for the purposes of this chapter and notwithstanding any other provisions, constitute wages for employment, but only to the extent that such remuneration constitutes wages on which federal tax is payable. 34-8-50. As used in this chapter, the term `week' means such period of seven consecutive calendar days ending at 12:00 Midnight as the Commissioner may by regulation prescribe. 34-8-51. As used in this chapter, the term `weekly benefit amount' means the dollar amount, prior to any deductions, which an individual may be entitled to receive for one week of total unemployment. ARTICLE 3 34-8-70. (a) It shall be the duty of the Commissioner to administer this chapter. (b) The Commissioner shall have power and authority to adopt, amend, or rescind such rules and regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to that end, and such rules and regulations shall be effective upon publication in the manner, not inconsistent with this chapter, which the Commissioner shall prescribe. (c) The Commissioner shall determine methods of organization and procedure in accordance with this chapter and shall have an official seal, which shall be judicially noticed.

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(d) Not later than February 1 of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as deemed proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be established by the Commissioner in accordance with accepted actuarial principles on the basis of statistics regarding employment, business activity, and other relevant factors for the longest possible period. (e) Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the Commissioner shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto. (f) The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort to oppose and prevent any further action which would in the Commissioner's judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs. In addition, the Commissioner may make and may cooperate with other appropriate agencies in making studies as to the practicality and probable cost of possible new state administered social security programs and the relative desirability of state, rather than federal, action in any such field. (g) The Commissioner is authorized to enter into such cooperative agreements or contracts with appropriate officials in other states or with the United States Secretary of Labor for the purpose of the reciprocal collection of overpayments or delinquent contributions, penalties, interest, and costs or for such other purposes as reasonably relate to the discharge of the Commissioner's responsibilities under this chapter. (h) Notwithstanding any other provision of this chapter, the Commissioner may recover an overpayment of benefits paid to any individual under this state or another state's unemployment

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benefit law or under an unemployment benefit program of the United States. 34-8-71. The Commissioner shall make available to the public copies of the text of this chapter, any rules or regulations promulgated pursuant to this chapter, the Commissioner's annual reports to the Governor, and any other material the Commissioner deems relevant. Such copies shall be furnished without cost, provided the request for copies is nominal and reasonable. 34-8-72. The Commissioner shall appoint a State Advisory Council and may appoint local or industry advisory councils, composed in each case of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations and of such members representing the general public as the Commissioner may designate. Such councils shall aid the Commissioner in formulating policies and discussing problems related to the administration of this chapter and in assuring impartiality and freedom from political influence in the resolution of such problems. Such advisory councils shall serve without compensation but shall be reimbursed for any necessary expenses. 34-8-73. (a) The department shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation. (b) The Commissioner may, at his or her discretion, create an Employment Security Agency and a director of such agency within the department and may delegate in writing to such agency and director and to any subordinate official or employee such powers, duties, and responsibilities as the Commissioner deems appropriate to administer this chapter and the programs relating to state employment services and unemployment compensation. 34-8-74. Subject to other provisions of this chapter, the Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the Commissioner's duties

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under this chapter. The Commissioner may delegate to any such person such power and authority as deemed reasonable and proper for the effective administration of this chapter and may, in the discretion of the Commissioner, bond any persons handling moneys or signing checks under this chapter. 34-8-75. The Commissioner shall designate an experience rating committee. The committee shall be composed of one representative of employers, one representative of employees, and one representative of the department. The committee shall be constituted as a continuing committee for the purpose of conducting studies of experience rating and from time to time making recommendations to the Commissioner and the advisory council as to desirable modifications and improvements of the law, procedures, and regulations adopted in connection with the experience rating program. 34-8-76. The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depressions and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies. 34-8-77. (a) The State Employment Service is established as a program administered by the department. The Commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49(c), as amended. The Commissioner is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the federal Wagner-Peyser Act and to do and perform all things necessary to secure to this state the benefits of that act in the promotion and maintenance

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of a system of public employment offices. The provisions of the federal Wagner-Peyser Act are accepted by this state, in conformity with Section 4 of that act, and this state will observe and comply with the requirements thereof. The Department of Labor is designated and constituted the agency of this state for the purposes of that act. (b) For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Commissioner may accept moneys, services, or quarters as a contribution. 34-8-78. (a) There shall be a Board of Review of the Department of Labor, which board shall consist of three members. Each member shall be appointed by the Governor for a term of six years. Each member shall be compensated for such member's services, which compensation shall be fixed by the Governor and paid from the Employment Security Administration Fund. The Governor may, at any time, after notice and a hearing, remove any member for cause. Vacancies shall be filled by appointment by the Governor for the unexpired term. (b) The Governor may appoint additional alternative members of the board of review as needed to ensure the prompt and efficient review of cases by the board of review. Those members may participate in any cases in which the other members are unable to participate. (c) The board of review shall have the powers and authority and shall perform the functions conferred upon it by this chapter. 34-8-79. (a) In the administration of this chapter, the Commissioner shall cooperate, to the fullest extent consistent with this chapter, with the United States Secretary of Labor and the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province

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under the federal Social Security Act, as amended; shall make such reports in such form and containing such information as the United States Secretary of Labor and such federal official may from time to time require and shall comply with such provisions as the United States Secretary of Labor and such federal official may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the United States Secretary of Labor and such federal official governing the expenditures of such sums as may be allotted and paid to this state under Title III of the federal Social Security Act for the purpose of assisting in the administration of this chapter. (b) Upon request therefor, the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter. (c) The Commissioner may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to this chapter and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in 26 U.S.C. Section 3305(c). 34-8-80. (a) The Commissioner shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states, which arrangements are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for (1) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws and (2) avoiding the duplicate use of wages and employment by reason of such combining.

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(b) Payments to another state's trust fund shall be deemed to be benefits for the purposes of Code Sections 34-8-83 through 34-8-86, 34-8-150 through 34-8-161, 34-8-191, and 34-8-193, provided that appropriate charges may be made to employers' accounts for benefits so payable based on wages in this state. The Commissioner is authorized to make payment to other state or federal agencies and receive payment from such other state or federal agencies, in accordance with arrangements pursuant to this Code section. 34-8-81. (a) There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with this chapter and shall not lapse at any time or be transferred to any other fund except as provided in this Code section and shall not be subject to Article 4 of Chapter 12 of Title 45. All moneys in this fund, except money received under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Code Section 34-8-77 shall be expended solely for the purposes and in the amounts found necessary by the United States Secretary of Labor for the proper and efficient administration of this chapter. (b) The fund shall consist of all moneys appropriated by this state for the purposes described in Code Section 34-8-77; all moneys received from the United States or any agency thereof, including the United States Secretary of Labor; all moneys, except funds appropriated pursuant to Code Section 34-8-92, received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter.

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(c) All moneys in this fund shall be deposited, administered, and disbursed in the manner and under the conditions and requirements provided under this chapter, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository laws of this state, and collateral pledged shall be maintained in separate custody account. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Employment Security Administration Fund provided for under this chapter. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in the fund. (d) Notwithstanding any provision of this Code section, all money requisitioned and deposited in this fund under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, shall remain part of the Unemployment Trust Fund and shall be used only in accordance with conditions specified in Code Section 34-8-85. 34-8-82. This state recognizes its obligation to replace and declares it to be the policy of this state that funds will be provided in the future and applied to the replacement of any moneys received from the United States Secretary of Labor or the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province under Title III of the federal Social Security Act; any unencumbered balances in the Employment Security Administration Fund as of that date; any moneys thereafter granted to this state pursuant to the provisions of the federal Wagner-Peyser Act; and any moneys made available by the state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the federal Wagner-Peyser Act, which the United States Secretary of Labor or other responsible federal official finds, because of any action or contingency, have been lost or have been expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary of Labor or other responsible federal official.

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Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the Employment Security Administration Fund for expenditure as provided in Code Section 34-8-81. The Commissioner shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for such replacement. 34-8-83. There is established as a trust fund, separate and apart from all other public funds of this state, an Unemployment Compensation Fund, which shall be administered by the Commissioner exclusively for the purposes of this chapter. The fund shall consist of: (1) All contributions collected under this chapter; (2) All payments in lieu of contributions collected under Code Sections 34-8-158 through 34-8-161; (3) Interest earned upon any moneys in the fund; (4) Any property or securities acquired through the use of moneys belonging to the fund; (5) All earnings of such property or securities; (6) All moneys credited to this state's account in the Unemployment Trust Fund pursuant to Section 903 and related sections of the federal Social Security Act, as amended; (7) All moneys received from the federal government as reimbursements pursuant to Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (8) All moneys received for the fund from any other source. 34-8-84. The Commissioner shall be custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with such rules and regulations as the Commissioner shall prescribe. The Commissioner shall maintain

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within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. The Commissioner shall immediately deposit all moneys payable to the fund, upon receipt thereof, in the clearing account. Refunds payable pursuant to Code Section 34-8-164 may be paid from the clearing account or the benefit account upon authorization issued by the Commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state's account in the Unemployment Trust Fund. Except as otherwise provided in this Code section, moneys in the clearing and benefit accounts may be deposited by the Commissioner in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, however, that any charges for exchange on local bank checks in payment of contributions may be paid as expense of collection from the Employment Security Administration Fund. Such money shall be secured by the depository bank to the same extent and in the same manner as required by the general depository laws of this state; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the state. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Unemployment Compensation Fund as provided under this chapter. All sums recovered on any surety bond for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund. 34-8-85. Moneys shall be requisitioned from this state's account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section 34-8-164 and in accordance with regulations prescribed by the Commissioner, except that moneys credited to this state's account pursuant to Section 903 of the

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federal Social Security Act, as amended, may be requisitioned and used exclusively as provided in paragraphs (1) through (5) of this Code section: (1) The Commissioner shall from time to time requisition from the Unemployment Trust Fund amounts, not exceeding the amount standing in this state's account therein, as deemed necessary by the Commissioner for the payment of benefits for a reasonable future period. Upon receipt thereof, the Commissioner shall deposit the funds in the benefit account. The benefit account shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commissioner as authorized in this Code section. Withdrawal of such funds in the benefit account shall not be subject to any provisions of law requiring specific appropriations or other formal releases of state officers of moneys in their custody. The Commissioner's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed the balance of funds in the Unemployment Trust Fund; and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by the Commissioner, shall be immediately deposited in the benefit account maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided, however, that such bank or public depository shall be one in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this state governing depositories of state funds and that collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the state. The Commissioner or a duly authorized representative of the Commissioner shall be authorized to draw and issue checks on the benefit account for the payment of individual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed

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or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits during succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this state's account in the Unemployment Trust Fund as provided in Code Section 34-8-84; (2) Moneys credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used in the payment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the General Assembly, provided that the expenses are incurred and the moneys are requisitioned after the enactment of an appropriations Act which: (A) Specifies the purposes for which such moneys are appropriated and the amount appropriated therefor; and (B) Limits the period within which such moneys may be expended to a period ending not more than two years after the date of the enactment of the appropriations Act; (3) Moneys credited to the account of this state pursuant to Section 903 of the federal Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits or for the payment of expenses for the administration of this chapter and of public employment officers pursuant to this Code section; (4) Moneys appropriated for the payment of expenses of administration pursuant to this Code section shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund, but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation,

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expenditure, and return of funds so deposited. If any moneys so deposited are, for any reason, not to be expended for the purposes for which they were appropriated, such moneys shall be returned promptly to the Secretary of the Treasury of the United States for credit to this state's account in the Unemployment Trust Fund; and (5) There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all moneys credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as provided in this Code section. 34-8-86. Code Sections 34-8-83 through 34-8-85, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such trust fund continues to exist and so long as the Secretary of the Treasury of the United States continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of the Unemployment Trust Fund, from which no other state is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the Unemployment Compensation Fund of this state shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit, and release such funds, properties, or securities in a manner approved by the Commissioner in accordance with this chapter; provided, however, that such funds shall be invested in the bonds or other interest-bearing obligations of the United States of America and of the State of Georgia; and provided, further, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The Commissioner, as custodian, shall have the discretionary authority to dispose of securities or other properties belonging to the Unemployment Compensation Fund. 34-8-87. The Commissioner is authorized to borrow funds from the United States Treasury in accordance with standards

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and regulations promulgated by the United States Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used if and when the Unemployment Compensation Fund should be depleted; and all funds so borrowed shall be used only for the purpose of paying benefits to those persons eligible to receive such benefits. 34-8-88. In the discharge of the duties imposed by this chapter, the Commissioner, the chief administrative hearing officer, the members of the board of review, and any duly authorized representative of any of them shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter. 34-8-89. (a) In case of contumacy or refusal to obey a subpoena by any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them to produce evidence, if so ordered, or to give testimony regarding the matter under investigation or in question; and any failure to obey such order may be punished by the superior court as a contempt of court. (b) Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in such person's power to do so, in obedience to a subpoena of the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them shall, upon conviction thereof, be punished by a fine of not less than $200.00, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment;

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and each day such violation continues shall be deemed to be a separate offense. 34-8-90. The Commissioner shall have sole authority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of unemployment claims and tax activities and training and placement activities prescribed in the federal Social Security Act, other federal acts, and this chapter and for all other programs which the Commissioner has responsibility for administering under present and future federal laws or by contract. 34-8-91. Benefits shall be deemed due and payable under this chapter only to the extent provided in this chapter and to the extent that funds are available therefor to the credit of the Unemployment Compensation Fund. Neither the state nor the Commissioner shall be liable for any amount in excess of such sums. 34-8-92. All fines, penalties, and interest collected under the terms of this chapter shall be paid into the state treasury. The General Assembly shall be authorized to appropriate to the Commissioner all such funds so raised and deposited in the state treasury, which shall be payable upon requisition of the Commissioner. Such funds are to be used for the replacement of funds, as provided in Code Section 34-8-82, and for incidental expenses incurred in the administration of this chapter for which funds are not granted by the federal government through the United States Secretary of Labor or other agencies. 34-8-93. (a) Any ambiguity in this chapter shall be construed in a manner consistent with federal law applicable to the unemployment compensation program. (b) In the event any Code section, subsection, paragraph, subparagraph, sentence, clause, phrase, or provision of this chapter shall be ruled unconstitutional by any court or out of conformity with federal law by the United States Secretary of Labor, such provision shall be null and void and of no force and effect. The General Assembly declares that it would have passed the remaining portions of this chapter if it had known that any such part or provision of this chapter would be

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declared unconstitutional or out of conformity with federal law by the United States Secretary of Labor. Further, the Commissioner shall have the authority to make procedurally the necessary adjustments in order to bring about conformity with federal law, pending action of the General Assembly. ARTICLE 4 34-8-120. (a) This article is intended to reconcile the free access to public records granted by Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and the discovery rights of judicial and administrative systems with the historical confidentiality of certain records of the department and the individual's right of privacy. (b) The General Assembly recognizes that records and information held by the Department of Labor could be misused. Therefore, it is the intent of this article to define a right of privacy and confidentiality as regards individual and employing unit records and other records maintained by the Department of Labor. The General Assembly further recognizes that there are situations where this right of privacy and confidentiality is outweighed by other considerations. Therefore, it is the intent of this article to define also certain exceptions to the right of privacy and confidentiality. 34-8-121. (a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This article does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release. (b) (1) Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or an

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authorized representative of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, the number of persons employed, and the wages paid at each establishment, branch, outlet, or office. (2) The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter. (3) Information, statements, transcriptions of proceedings, transcriptions of recordings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pursuant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an administrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor. (4) On orders of the Commissioner, any records or documents received or maintained by the Commissioner under the provisions of this chapter or the rules and regulations promulgated under this chapter may be destroyed

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under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administration of this chapter or in the protection of the rights of anyone. 34-8-122. (a) All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the department or any of its agents, representatives, or employees, which letters, reports, or other communications shall have been written, sent, delivered, or made in connection with the requirements of the administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any action for slander or libel in any court of the State of Georgia. (b) Any finding of fact or law, judgment, determination, conclusion, or final order made by an adjudicator, examiner, hearing officer, board of review, or any other person acting under the authority of the Commissioner with respect to this chapter shall not be admissible, binding, or conclusive in any separate or subsequent action or proceeding between a person and such person's present or previous employer brought before any court of this state or the United States or before any local, state, or federal administrative agency, regardless of whether the prior action was between the same or related parties or involved the same or similar facts; provided, however, any finding of fact or law, judgment, determination, conclusion, or final order made as described in this chapter shall be admissible in proceedings before the Commissioner. 34-8-123. The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations interpreting and implementing the provisions of this article. In particular, these rules shall specify the procedure to be followed to obtain information or records to which the public has access under this chapter. 34-8-124. (a) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure. An employing unit shall have access to its own records and to any records and information relating to a benefit claim by an

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individual if the employing unit is the individual's chargeable employer. An employing unit shall have access to general summaries of benefit claims by individuals whose benefits are chargeable to the employing unit's experience rating or reimbursement account. (b) Any interested party or authorized representative of such party shall be entitled to examine and, upon the payment of a reasonable fee to the department, to obtain a copy of any materials contained in such records to the extent necessary for proper presentation of the party's position at any hearing on a claim. At the Commissioner's discretion, the fee may be waived for persons for whom such payment would present a hardship. 34-8-125. (a) Governmental agencies, including law enforcement agencies, prosecuting agencies, and the executive branch, whether state, local, or federal, shall have access to information or records deemed private and confidential under this article if the information or records are needed by the agency for official purposes and: (1) The agency submits an application in writing to the department for the records or information containing a statement of the official purposes for which the information or records are needed and specific identification of the records or information sought from the department; (2) The commissioner, chief executive, or other responsible official of the requesting agency has verified the need for the specific information in writing either on the application or on a separate document; and (3) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in the same manner as service of process in a civil action. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the department to state any objections to the release of the records or information. The department shall not act upon the application of the requesting agency until

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at least five days after service on the concerned individual or employing unit. The department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes. (b) In cases of emergency the governmental agency requesting access shall not be required to comply formally with the provisions of subsection (a) of this Code section at the time of the request if the procedures required by subsection (a) of this Code section are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this article. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information are not released immediately. (c) The requirements of paragraph (3) of subsection (a) of this Code section shall not apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws. (d) Governmental agencies shall have access to certain records or information, limited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, to determine eligibility or entitlement to public programs, or to determine potential tax liability or employer compliance with registration and licensing requirements. In those cases the governmental agency shall not be required to comply with paragraph (3) of subsection (a) of this Code section, but the requirements of the remainder of subsection (a) of this Code section must be satisfied. (e) Disclosure to governmental agencies of information or records obtained by the department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the department where so required by federal law. State law shall control when federal law does not apply to the records or information.

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(f) The disclosure of any records or information by a governmental agency which has obtained the records or information under this Code section is prohibited unless the disclosure is directly connected to the official purpose for which the records or information was obtained. The willful violation of this subsection shall upon conviction constitute a misdemeanor. 34-8-126. Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information or records. Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has been filed has made the finding specified above. A judicial or administrative subpoena or order directed to the department must contain this finding. A subpoena for records or information held by the department may be directed to and served upon any employee of the department, but the department may specify by rule or regulation which employee shall produce the records or information in compliance with the subpoena. 34-8-127. The department shall have the right to disclose information or records deemed private and confidential under this chapter to any private person or organization when such disclosure is necessary to permit private contracting parties to assist in the operation and management of the department in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private persons or organizations shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized release of records or information deemed private and confidential under this article by any private person or organization to which access is permitted by this Code section shall subject the person or organization to a civil penalty of $500.00 per violation and shall also subject such person or organization to the criminal provisions specified in Code Section 34-8-125. An action to

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enforce this Code section shall be brought by the Attorney General. The Attorney General may recover reasonable attorneys' fees for any action brought to enforce this Code section. 34-8-128. Where the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential which have been acquired in the performance of the department's obligations under the contracts. 34-8-129. Nothing in this article shall prevent the disclosure of information or records deemed private and confidential under this article if all details identifying an individual or employing unit are deleted or the individual and employing unit consent to the disclosure. ARTICLE 5 34-8-150. (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. (b) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. 34-8-151. (a) For periods prior to April 1, 1987, or after June 30, 1996, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.

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(b) For periods on or after April 1, 1987, but on or before June 30, 1996, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. 34-8-152. (a) The standard rate of contribution shall be 5.4 percent. The standard rate of contribution is the rate from which variations therefrom are computed as provided in Code Section 34-8-155. (b) No employer's rate shall be reduced below the rate for new employers as specified in Code Section 34-8-151 for any calendar year, except as provided in Code Section 34-8-155, unless and until such employer's account could have been chargeable with benefit payments throughout the 36 consecutive calendar months ending on the computation date for that calendar year. 34-8-153. (a) Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the business or assets of any employer and who thereafter continues the acquired business shall be deemed to be a successor to the employer from whom the business was acquired. The successor shall acquire the experience rating record of the predecessor. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor. Future rates will be determined by the combined experience of the predecessor and successor as of the applicable computation date. (b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable computation date.

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(c) Any employing unit which acquires by any means any clearly identifiable or separable portion of the business of an employer and is an employer at the time of the acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the business was acquired. A portion of the predecessor's experience rating records which are attributable to the portion of the business which was acquired may be transferred to the successor, Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be determined. (d) If the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date. (e) If the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date. 34-8-154. Except as provided in Code Section 34-8-161, the Commissioner shall maintain a separate account for each employer and shall credit such account with all the contributions paid by that employer. Nothing in this chapter shall be construed to grant any employer or individuals in the service of such employer prior claims or rights to the amounts paid by the employer into the fund.

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34-8-155. (a) Employers shall be classified in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be computed based on each employer's own experience rating record as of the computation date, June 30 of each year. The computed rate shall apply to taxable wages paid during the calendar year immediately following the computation date. (b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligible for a rate computation but shall be assigned the maximum rate allowable after application of the State-wide Reserve Ratio, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned. (c) For the periods prior to April 1, 1987, or after June 30, 1996, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.

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RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.16 0.86 1.17 2.08 1.17 1.48 2.00 1.48 1.79 1.92 1.79 2.10 1.84 2.10 2.41 1.76 2.41 2.72 1.68 2.72 3.04 1.60 3.04 3.35 1.52 3.35 3.65 1.44 3.65 3.97 1.36 3.97 4.29 1.28 4.29 4.60 1.20 4.60 4.91 1.12 4.91 5.22 1.04 5.22 5.53 0.96 5.53 5.84 0.88 5.84 6.15 0.80 6.15 6.47 0.72 6.47 6.77 0.64 6.77 7.08 0.56 7.08 7.40 0.48 7.40 7.71 0.40 7.71 8.02 0.32 8.02 8.33 0.24 8.33 8.64 0.16 8.64 8.95 0.08 8.95 and over 0.04 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference

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by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.2 0.5 1.5 2.4 1.5 2.5 2.6 2.5 3.5 2.8 3.5 4.5 3.0 4.5 5.5 3.2 5.5 6.5 3.4 6.5 7.5 3.6 7.5 8.5 3.8 8.5 9.5 4.0 9.5 10.5 4.2 10.5 11.5 4.4 11.5 12.5 4.6 12.5 13.5 4.8 13.5 14.5 5.0 14.5 15.5 5.2 15.5 and over 5.4 (d) For the periods on or after April 1, 1987, but on or before June 30, 1996, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits

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charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.125 0.86 1.17 2.043 1.17 1.48 1.962 1.48 1.79 1.881 1.79 2.10 1.800 2.10 2.41 1.725 2.41 2.72 1.643 2.72 3.04 1.562 3.04 3.35 1.481 3.35 3.65 1.400 3.65 3.97 1.325 3.97 4.29 1.243 4.29 4.60 1.162 4.60 4.91 1.081 4.91 5.22 1.000 5.22 5.53 0.925 5.53 5.84 0.843 5.84 6.15 0.762 6.15 6.47 0.681 6.47 6.77 0.600 6.77 7.08 0.525 7.08 7.40 0.443 7.40 7.71 0.362 7.71 8.02 0.281 8.02 8.33 0.200 8.33 8.64 0.125

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8.64 8.95 0.043 8.95 and over 0.040 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.16 0.5 1.5 2.36 1.5 2.5 2.56 2.5 3.5 2.76 3.5 4.5 2.96 4.5 5.5 3.16 5.5 6.5 3.36 6.5 7.5 3.56 7.5 8.5 3.76 8.5 9.5 3.96 9.5 10.5 4.16 10.5 11.5 4.36 11.5 12.5 4.56 12.5 13.5 4.76 13.5 14.5 4.96 14.5 15.5 5.16 15.5 and over 5.40

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34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1990, when the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent (c) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent (d) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions.

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34-8-157. (a) Regular benefits paid with respect to all benefit years that begin on or before December 31, 1991, shall be charged against the experience rating account of employers in the following manner: (1) Benefits paid to an individual with respect to the individual's current benefit year shall be charged against the accounts of the individual's base period employers. Charges shall be based upon the pro rata share of wages paid to the individual during the base period. To receive relief of charges to its account, an employer shall furnish, in a timely manner, detailed and specific information as to the reason for separation from employment. If a disqualification is imposed on the claim and the employer has properly submitted its information, the account shall be relieved of charges; (2) When the most recent employer, as that term is defined in Code Section 34-8-43, is not a base period employer, a determination shall be made with respect to potential future charges in the event a second benefit year claim is filed. If an individual files a valid claim for unemployment compensation for a second benefit year and is paid unemployment compensation, then those benefits will be charged or relieved against the experience rating account of such employer as provided in this Code section; (3) An employer who provided timely response to the department as specified in the regulations of the department may receive relief of charges for benefits paid to an individual under any of the following circumstances: (A) An employer subject to benefit charges offers otherwise suitable work to the individual and the job is refused solely because the individual has moved his or her place of residence too far to commute to the job location. The employer must provide timely notice to the Commissioner of the job offer as provided by regulations of the Commissioner; or (B) The individual earned base period wages for part-time employment from an employer who:

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(i) Is an interested party because of the individual's loss of other employment; (ii) Has provided base period employment and continues to provide employment to the same extent as that part-time employment was provided in the base period of the individual; and (iii) Has furnished timely information pursuant to the regulations of the Commissioner; and (4) Notwithstanding paragraphs (1) through (3) of this subsection, any employer who has elected to make payments in lieu of contributions is not subject to relief of charges for benefits paid with respect to all benefit years that begin on or before December 31, 1991. (b) Regular benefits paid with respect to all benefit years that begin on or after January 1, 1992, shall be charged against the experience rating account or reimbursement account of employers in the following manner: (1) Benefits paid shall be charged to the account of the most recent employer, as that term is defined in Code Section 34-8-43, including benefits paid based upon insured wages which were earned to requalify following a period of disqualification as provided in Code Section 34-8-194; (2) (A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year. (B) In the event the provisions of subparagraph (A) of this paragraph are determined by the United States Secretary of Labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account

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of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section; (3) An employer's account may be charged for benefits paid due to the employer's failure to respond in a timely manner to the notice of claim filing even if the determination is later reversed on appeal; and (4) Benefits paid to individuals shall be charged against the Unemployment Trust Fund when benefits are paid but not charged against an employer's experience rating account as provided in this Code section. (c) (1) Payments of extended benefits as provided in Code Section 34-8-197 shall be charged to an employer's experience rating account in the same proportion as regular benefits are charged, except an employer shall be charged for only 50 percent of its portion of the extended benefits paid for all weeks after the first week of extended benefits; provided, however, benefits paid that are attributable to service in the employ of any governmental entity as described in subsection (h) of Code Section 34-8-35 shall be financed in their entirety by such governmental entity which is charged as provided in this Code section. (2) As provided by 26 U.S.C. Section 3304, only 50 percent of extended benefits paid shall be charged to the individual's employers as described in paragraph (1) of this subsection. However, if the federal government does not reimburse the 50 percent for the first week of extended benefits paid, employers shall be charged 100 percent of such first week of extended benefits paid. When employers have been determined to be relieved from charges, such payments shall be charged against the Unemployment Trust Fund in the appropriate amount.

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(d) The Commissioner shall by regulation provide for the notification of each employer of charges made against its account at intervals not less frequent than semiannually. The charges in such notification shall be binding upon each employer for all purposes unless the employer files a request for review and redetermination in writing. Such request must set forth the charges to which the employer objects and the basis of the objection. The request must be made within 15 days of the prescribed notification. Upon such request being filed, the employer shall be granted an opportunity for a fair hearing. However, no employer shall have standing in any proceeding to contest the chargeability to its account of any benefit paid in accordance with a determination, redetermination, or decision pursuant to Articles 7 and 8 of this chapter, except upon the ground that the services upon which such benefits were found to be chargeable did not constitute services performed in employment for the employer and only in the event that the employer was not a party to such determination, redetermination, or decision, or to any other proceedings under this chapter in which the character of such services was determined. The employer shall be promptly notified of the Commissioner's redetermination. The redetermination shall become final unless a petition for judicial review is filed within 15 days after notice of redetermination. Such notice shall be mailed or otherwise delivered to the employer's last known address. The petition for judicial review shall be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. In any proceeding under this Code section, the findings of the Commissioner as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner. The Commissioner may, after hearing such additional evidence, modify the determination and file such modified determination, together with a transcript of the additional record, with the court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under Articles 7 and 8 of this chapter and Chapter 9 of this title. An appeal may be taken from the decision of the Superior Court of Fulton County or the superior court of the county of residence of the

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petitioner to the Court of Appeals of Georgia in the same manner as is provided in civil cases. 34-8-158. (a) Benefits paid to employees of governmental entities and nonprofit organizations shall be financed in accordance with this Code section and Code Sections 34-8-157 and 34-8-159 through 34-8-162. For the purpose of this Code section, a nonprofit organization is an organization or a group of organizations described in Section 501(c)(3) of the United States Internal Revenue Code which is exempt from income tax under Section 501(a) of such code. For the purposes of this Code section, a governmental entity is an organization or group of organizations described in subsection (h) of Code Section 34-8-35. (b) Governmental entities and nonprofit organizations which, pursuant to Code Section 34-8-35, are or become subject to this chapter shall pay contributions under Code Sections 34-8-150 through 34-8-157 unless they elect to make payments in lieu of contributions in accordance with this subsection. All entities which elect to make payments in lieu of contributions shall pay to the Commissioner for the unemployment fund the full amount of regular benefits which are attributable to the service of individuals in their employ during the effective period of election or subjectivity to this chapter. (c) (1) For claims filed prior to January 1, 1992, governmental entities described in subsection (a) of this Code section which elect to make payments in lieu of contributions shall pay the Commissioner for the unemployment fund 100 percent of extended benefits paid which are attributable to the service of individuals in their employ during the effective period. Nonprofit organizations which elect to make payments in lieu of contributions shall pay to the Commissioner for the unemployment fund 50 percent of extended benefits paid which are attributable to the service of individuals in their employ during the effective period; provided, however, that for the first week of extended benefits paid, the reimbursement to the unemployment fund shall be 100 percent of the extended benefits paid. (2) For claims filed on or after January 1, 1992, an employer who has elected to make payments in lieu of contributions

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shall pay to the Commissioner for the unemployment fund the amount of benefits paid to former employees when such entity is determined to be the `most recent employer' as defined in Code Section 34-8-43. Extended benefits paid, except as otherwise provided in paragraph (2) of subsection (b) of Code Section 34-8-157, shall be financed in their entirety by governmental entities. Non-profit organizations shall reimburse 100 percent for the first week of extended benefits paid and 50 percent of extended benefits paid after the first week when any of such entities is determined to be the most recent employer. (d) (1) Those entities described in subsection (b) of this Code section may elect to become liable for payments in lieu of contributions for a period of not less than two full calendar years, provided that a written notice of such election is filed with the Commissioner within 30 days of the date of the determination of liability under this chapter. Such election shall consist of the remainder of the calendar year in which the election is made and for not less than the two full ensuing calendar years. (2) Those entities described in subsection (b) of this Code section which elect to make payments in lieu of contributions will continue to be liable for such payments unless a written notice terminating such election is filed with the Commissioner not later than 30 days prior to the beginning of the calendar year for which such termination shall first be effective. (3) Any entity described in subsection (b) of this Code section which has been paying contributions under this chapter for at least two full calendar years may change to a reimbursable basis. The change in status shall be accomplished by the filing of a written notice of election to become liable for payments in lieu of contributions not later than 30 days prior to the beginning of the next calendar year. Such election shall not be terminated by the organization for the next two calendar years. (e) (1) The Commissioner may at his or her discretion extend the period within which a notice of election or a

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notice of termination must be filed and may permit an election to be retroactive. (2) The Commissioner, in accordance with such regulations as the Commissioner may prescribe, shall notify each governmental entity or nonprofit organization of any determination relative to its status as an employer and of the effective date of any election which it makes or of any termination of such election. Such determination shall be subject to reconsideration, appeal, and review. 34-8-159. The payments in lieu of contributions as provided in Code Section 34-8-158 shall be made in accordance with the following provisions: (1) Upon approval by the Commissioner, at the end of each calendar quarter or at the end of such other period as determined by the Commissioner, each organization or group of organizations shall be billed for payments in lieu of contributions charged to it during such quarter or other prescribed period in accordance with Code Section 34-8-158. Provisions applicable to contributing employers in subsection (a) of Code Section 34-8-157 under which employers may not be charged do not apply to employers who make payments in lieu of contributions; (2) The payment of any bill rendered under paragraph (1) of this Code section shall be made not later than 30 days after such bill was mailed to the last known address of the organization or was otherwise delivered to it unless there has been an application for review and redetermination in accordance with paragraph (4) of this Code section; (3) Payments made by any governmental entity or nonprofit organization under this Code section shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the governmental entity or nonprofit organization; (4) The amount due specified in any billing notice from the Commissioner pursuant to paragraph (1) of this Code section shall be conclusive unless, not later than 15 days after the billing notice was mailed to its last known

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address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner, setting forth the grounds for such application or appeal. The Commissioner shall promptly review and reconsider the amount due specified in the billing notice and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive with respect to the organization unless, not later than 15 days after the redetermination was mailed to its last known address or otherwise delivered, the organization files an appeal, setting forth the grounds for the appeal. Proceedings on appeal from the amount of a billing notice rendered under this Code section or a redetermination of such amount shall be in accordance with regulations as prescribed by the Commissioner; and (5) Past due payments in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Code Sections 34-8-165 and 34-8-166, apply to past due contributions. Interest or penalties shall not accrue with respect to any portion of the amount billed on which the employer prevails in the redetermination, but shall continue to accrue as to any portion of the amount billed on which the employer does not prevail. 34-8-160. (a) For the purposes of this Code section, a surety bond is a bond of surety issued by an organization licensed and authorized to issue such bond in the State of Georgia. In the discretion of the Commissioner, any organization that elects to become liable for payments in lieu of contributions shall be required, within 30 days after the effective date of its election, to execute and file with the Commissioner a cash deposit or surety bond approved by the Commissioner. In the sole discretion of the Commissioner, the department may secure such bonds and defray all or any portion of such cost to the employers covered under the bond. In the event the Commissioner elects to require any organization to execute and file a cash deposit or surety bond, the amount of such deposit or surety bond shall be determined in accordance with the provisions of subsection (b) of this Code section.

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(b) (1) The amount of the surety bond or cash deposit required by subsection (a) of this Code section shall be equal to 2.7 percent of the organization's taxable wages paid for employment, as defined in paragraph (1) of subsection (b) of Code Section 34-8-49, for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a surety bond, or a biennial anniversary of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the organization did not pay wages in each of such four calendar quarters, the amount of the surety bond or cash deposit shall be as determined by the Commissioner. (2) Any surety bond deposited under this subsection shall be in force for a period of not less than two full calendar years and shall be renewed, with the approval of the Commissioner, at such times as the Commissioner may prescribe but not less frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The Commissioner shall require adjustments to be made in a previously filed bond as deemed appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties, shall render the surety liable on said bond to the extent of the bond as though the surety were such organization. (3) Any deposit of money in accordance with this subsection shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization less any deductions as provided in this paragraph. The Commissioner may deduct the amount necessary to satisfy any delinquent payments in lieu of contributions and any applicable interest, penalties, and costs as provided in Code Section 34-8-159 from the cash deposit required of an organization under this subsection. The Commissioner shall require the organization, within 30 days following any

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deduction from a cash deposit under the provisions of this paragraph, to deposit sufficient additional moneys to bring the organization's funds in escrow to the prior level. The Commissioner may at any time review the adequacy of the deposit made by any organization. If as a result of such review the Commissioner determines that an adjustment is necessary, the Commissioner shall require the organization to make additional deposits within 30 days of written notice of the determination or shall return to it such portion of the deposit that is no longer considered necessary, whichever action is appropriate. (4) If any organization subject to this subsection fails to file a surety bond, make a cash deposit, file a surety bond in an increased amount, or increase the amount of a previously made cash deposit as provided under this Code section, the Commissioner may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the eight consecutive calendar quarter periods beginning with the quarter in which such termination becomes effective; provided, however, that the Commissioner may in his or her discretion extend the posting of a cash deposit, the filing of a surety bond, or the extension of an adjustment period by not more than 30 days. (5) The Commissioner may allow the deposit of securities acceptable to him or her in lieu of either the cash deposit or surety bond referenced in this Code section. The value of securities deposited shall be in accordance with regulations prescribed by the Commissioner. 34-8-161. Two or more employers who have become liable for payments in lieu of contributions in accordance with the provisions of Code Section 34-8-158 may file a joint application to the Commissioner for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purposes of this Code section. Upon the approval of the application, the Commissioner shall establish a group account for such employers, effective as of the beginning of the calendar quarter in which the

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Commissioner receives the application, and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the Commissioner or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The Commissioner shall prescribe such regulations as deemed necessary with rescept to applications for establishment, maintenance, and termination of group accounts that are authorized by this Code section, for addition of new members to and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this Code section by members of the group and the time and manner of such payments. 34-8-162. (a) There is established as a trust fund, separate and apart from all other public moneys or other funds of this state, a cash deposit escrow fund, which shall be administered by the Commissioner in accordance with such regulations as he or she may prescribe. This fund shall consist of all moneys deposited by employers with the Commissioner pursuant to paragraph (3) of subsection (b) of Code Section 34-8-160 and all interest thereon. (b) The Commissioner shall be custodian of the fund and shall administer it in accordance with such regulations as the Commissioner shall prescribe. All moneys payable to the fund shall, upon receipt thereof by the Commissioner, immediately be deposited in the fund. All moneys in this fund shall be deposited in a bank or public depository in which general funds of the state may be deposited, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository bank. Such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general depository laws of this state; and collateral

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pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the state. The Commissioner shall be liable on his or her official bond for the faithful performance of duties in connection with the cash deposit escrow fund. All sums recovered on any surety bond for losses sustained by the cash deposit escrow fund shall be deposited in said fund. (c) (1) Moneys shall be withdrawn from the cash deposit escrow fund solely for the purpose of satisfying any delinquent payments in lieu of contributions owed by an organization or groups of organizations pursuant to Code Section 34-8-158. Withdrawals from the cash deposit escrow fund shall be made in accordance with regulations prescribed by the Commissioner and shall not exceed the total amount deposited in the cash deposit escrow fund by each such organization or group of organizations. (2) Any interest which may accrue as the result of deposits to the cash deposit escrow fund shall, in the discretion of the Commissioner, be withdrawn to the extent necessary to cover deficiencies in the reimbursement account which have not been provided for by the escrow funds. Such withdrawal shall not exceed interest accrued in the cash deposit escrow fund. Interest not used for such purpose shall be retained in the cash deposit escrow fund. 34-8-163. (a) Except as provided in subsection (c) of this Code section, an employing unit liable under this chapter must apply in writing to the Commissioner prior to April 30 in order to terminate liability. If the Commissioner finds that such employer did not, during the preceding calendar year, have sufficient employment or sufficient payroll to be considered an employer under this chapter, or was not otherwise subject to this chapter, then such coverage shall be terminated as of January 1 of such completed calendar year. Wage credits of any individual may not be decreased as a result of the employer being terminated. For the purpose of this Code section, two or more employing units who are predecessors or successors in a business or organization shall be treated as a single employing unit. (b) The Commissioner may terminate the liability of an employer without written application of the employer when

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such employer did not have sufficient employment or sufficient payroll during a calendar year to be considered an employer under this chapter. (c) All types of elective coverage as provided in paragraph (7) of Code Section 34-8-33 may be terminated in the discretion of the Commissioner at any time subsequent to the first two-year period. 34-8-164. Applications for adjustment or refund of contributions, payments in lieu of contributions, or interest thereon, shall be submitted no later than three years from the date such amounts were assessed. Applications must be in writing. The Commissioner shall determine what amounts, if any, were erroneously collected. Adjustments shall be made against subsequent payments. Refunds will be issued, without interest thereon, when adjustments cannot be made. At the option of the Commissioner, the Commissioner may initiate any adjustments or refunds deemed appropriate where no written request for refund or adjustment has been received, provided such amounts were assessed within the last three years. Amounts shall be refunded from the fund into which they were deposited. 34-8-165. (a) In accordance with such regulations as the Commissioner may prescribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply. Such reports shall list the name, social security number, the amount of wages paid each employee by such employer, and any other information the Commissioner may require. (b) Any employer who fails to file a tax and wage report on or before the due date as provided in subsection (a) of this Code section shall be penalized in the sum of $20.00 or.05 percent of total wages, whichever is greater, for each month or fraction of a month such report remains delinquent. Such penalty assessments shall be due and payable in the same manner as delinquent contributions. Penalty collection shall be enforced under procedures established by this chapter. (c) In the discretion of the Commissioner, the imposition of a penalty may be waived. Inadvertent, unavoidable, or

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unintentional errors or omissions in a tax and wage report which is filed in due time shall not subject the employer to the imposition of the penalty provided in subsection (b) of this Code section. (d) Fraudulent reports, including intentional errors or omissions, shall also be subject to the criminal provisions provided in Code Section 34-8-256 of this chapter. 34-8-166. (a) Contributions unpaid on the due date established by the Commissioner shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (b) The Commissioner may waive the collection of any accrued interest when it is reasonably determined that the delay in payment of contributions was due to the action or inaction of the department. (c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee stating the number of cases and the total amount of interest which is waived pursuant to this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor. 34-8-167. (a) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due, including any penalty, may be collected by civil action maintained in the name of the Commissioner. The employer adjudged in default shall pay the cost of such actions. Civil actions brought under this Code section to collect contributions, interest, or penalties from an employer shall be heard by the superior court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review

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under this chapter and workers' compensation cases arising under Chapter 9 of this title and other actions to which the state is a material party and which are now given precedence. (b) In addition to any other method provided by law for the collection of contributions, any contribution not paid when due, including any interest, penalty, and costs thereon, may be collected by the Commissioner by and with the same authority as is contained in Code Sections 48-2-55 and 48-3-1 providing for the collection of taxes by the state revenue commissioner. If any contribution or tax imposed by this chapter is not paid within ten days after notice and demand from the Commissioner, the Commissioner shall issue an execution or writ of fieri facias directed to any levying officer designated by the Commissioner, the sheriff, or the lawful deputies of the sheriff of any county of the state requiring such officer to levy upon and sell the real or personal property of any delinquent employer or liable individual found within such officer's county in sufficient amount to satisfy the execution so issued, together with penalties, interest, and all costs of executing and collecting the said execution, and to return such execution to the Commissioner, together with all such sums collected under and by virtue thereof, by a time to be therein specified, not more than 60 days from the date of the execution. (c) Nothing contained in this Code section shall prevent the Commissioner from having the execution or writ of fieri facias entered upon the general execution docket prior to the time the exeuction is turned over to a levying officer designated by the Commissioner for collection. The Commissioner may file the execution with the clerk of the superior court of the employer's residence, place of business, or in any county in which the employer may own property. It shall then be the duty of the clerk of the superior court to enter the execution on the general execution docket of the superior court of said county in the same manner and form as prescribed by the general laws of the State of Georgia relating to exeuctions issued by a superior court of this state. (d) The amount of any contributions not paid when due, including any interest, penalties, and costs, shall constitute a lien upon all property and rights to property and upon all afteracquired property and rights to property, both real and personal,

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of the employer liable for such contributions. The lien shall attach and be perfected as of the date such contributions become due and shall have parity with other tax liens and be prior, superior, and paramount to all other liens or encumbrances attaching to any of such property; provided, however, the lien shall not be preserved against purchasers, judgment creditors, pledgees, subsequent tax liens, or other liens or encumbrances until an execution for such contributions has been entered on the general execution docket. When the execution has been issued and docketed, the lien shall be a perfected lien upon all property and rights to property of the employer, both real and personal, in each county in which such execution is docketed. (e) All contributions, including interest, penalties, and costs thereon, imposed by this chapter are made a personal debt of the officer, major stockholder, or other person having charge of the affairs of a corporate or association employing unit who is required to file returns or pay the contributions required by this chapter. The Commissioner may assess such officer, stockholder, or other person for the amount of such contributions, penalties, and interest. The provisions of Code Section 34-8-164 and Code Section 34-8-170 shall apply to assessments made pursuant to this subsection. With respect to such officer, stockholder, or other person, the Commissioner shall have all the collection remedies set forth in this chapter. (f) Any reference within this chapter to the collection of delinquent contributions shall also include payments in lieu of contributions as provided in Code Section 34-8-158. 34-8-168. (a) The Commissioner or an authorized representative of the Commissioner may use garnishment to collect the tax imposed by this chapter. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by the state revenue commissioner in Code Section 48-2-55 and by tax collectors in Code Sections 48-3-12 through 48-3-18 and 48-3-23, provided it is unnecessary for the Commissioner or an authorized representative of the Commissioner to make an entry of nulla bona prior to filing a garnishment action.

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(b) After due notice and demand for payment, the Commissioner or an authorized representative of the Commissioner may levy upon all property and rights to property, except such as are exempt by law, belonging to such employer or liable individual. As used in this chapter, the term `property and rights to property' includes, but is not limited to, any account in or with a financial institution. Such levy shall be for the payment of the sum due, with penalty and interest for nonpayment, and such additional sums as shall be sufficient for the fees, costs, and expenses of such levy. The Commissioner or an authorized representative of the Commissioner may levy and conduct judicial sales in the manner now provided for sales by sheriffs and constables. (c) (1) In the case of personal property, the levy shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time and place of sale and give a reasonable description of the property to be sold. Advertisements of sales shall be posted and sales shall be conducted as provided in Code Section 48-2-55. (2) In the case of real property, the Commissioner or an authorized representative of the Commissioner, after making the levy, shall make a return of such levy on the execution to the sheriff of the county in which the property is located and the sheriff shall proceed to advertise and sell the same as required by law. (d) The department shall apply all moneys obtained under this Code section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the delinquent employer. (e) (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Commissioner or a duly authorized representative of the Commissioner, surrender such property or rights or discharge such obligation to the Commissioner or a duly authorized representative of the Commissioner, except such part of the property or rights as is subject, at the time

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of such demand, to an attachment or execution under any judicial process. (2) Any person who willfully fails or refuses to surrender any property subject to levy shall be personally liable to the Commissioner for a sum equal to the value of the property or rights not so surrendered but not exceeding the amount of contributions, interest, and penalties for the collection of which such levy has been made, together with costs and interest at the rate of 18 percent per annum from the date of such levy. Any amount other than costs recovered under this subsection shall be credited against the subject employer's liability for the collection of which such levy was made. (3) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made who, upon demand by the Commissioner or the duly authorized representative of the Commissioner, surrenders such property or rights to property or discharges such obligation to the Commissioner or the Commissioner's duly authorized representative shall be discharged from any obligation or liability to the delinquent employer with respect to such property or rights to property arising from such surrender or payment. (f) (1) In the event that any employer desires to contest the execution, such employer may do so by filing an affidavit of illegality with the levying officer at the time of the levy suspending such execution, as now prescribed by the general laws relating to the filing of affidavits of illegality. When such affidavit is so filed and the tax is paid or bond for the sum sought by the Commissioner is given, it shall be the duty of the levying officer to return the exeuction, together with the affidavit of illegality and bond and, in case of personal property, bond for the forthcoming of the property, to the clerk of the superior court of the county of the employer or defendant in execution. The superior court of the county shall, at the first or next term, cause the issue so made to be tried by a jury in the superior court of the county of the residence of the employer under the same rules of law and evidence as prevail in this state.

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(2) If the department has levied upon property, any person other than the debtor who is liable to pay the debt out of which the levy arose who claims an interest in or lien on that property and claims that property was wrongfully levied upon may bring a civil action against the state in the Superior Court of Fulton County. The action may be brought whether or not that property has been surrendered to the department. The court may grant only the relief provided under paragraph (3) of this subsection. No other action to question the validity of or to restrain or enjoin a levy by the department may be maintained. (3) In an action under paragraph (2) of this subsection, if a levy would irreparably injure rights to property, the court may enjoin the enforcement of that levy. If the court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy. (4) For purposes of an adjudication under this subsection, the determination of the debt upon which the interest or lien of the department is based is conclusively presumed to be valid. The department shall determine its costs and expenses to be paid in all cases of levy. (5) The department may refund or credit any amount left after the applications under paragraph (2) of this subsection to the person entitled to that amount, upon submission of a claim therefor and satisfactory proof of the claim. (g) (1) The department may release the levy upon all or a portion of any property levied upon to facilitate the collection of the liability or to grant relief from a wrongful levy; provided, however, such release shall not prevent any later levy. (2) If the department determines that property has been the subject of a wrongful levy, the department may return the property at any time or may return an amount of money equal to the amount of moneys levied upon.

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(3) The availability of the remedy under this Code section shall not abridge the right of the department to pursue other remedies. (h) The Attorney General shall represent the Commissioner when any such cases or contests initiated by affidavits of illegality are filed in any county or any legal action in courts results from the issuance of any execution. (i) The Commissioner, with respect to the administration of this chapter and the collection of contributions pursuant to this chapter and in addition to the authority granted the Commissioner by the provisions of this chapter, shall have the same rights, authority, and prerogatives provided the state revenue commissioner for securing reports and for the collection of taxes as contained in Title 48. 34-8-169. (a) For the purpose of collecting delinquent contributions, interest, and penalties, the Commissioner may enter into an agreement with one or more private persons, companies, associations, or corporations providing debt collection services with respect to the collection of delinquent contributions, administrative assessments, interest, and penalties. The agreement may provide, at the discretion of the Commissioner, the rate of payment and the manner in which compensation for services shall be paid. The compensation, fees, and expenses may be added to the amount of the delinquent contributions, interest, and penalties and may be collected by the contractor from the debtor. The Commissioner shall provide the necessary information for the contractor to fulfill its obligation under the agreement. (b) At the discretion of the Commissioner, the contractor may, as part of the collection process, refer the debt to legal representatives for litigation in the name of the Commissioner. (c) No action taken by the Commissioner pursuant to this Code section shall be construed to be an election to forego other collection procedures in this article. 34-8-170. (a) If any employer fails or neglects to make a report as required by Code Section 34-8-165 or by rules and regulations, the Commissioner may make an estimate based upon

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any information in the Commissioner's possession of the amount of wages paid for employment in the period or periods for which no report was filed and upon the basis of such estimate shall compute and assess the amounts of contributions payable by the employer. (b) If the Commissioner is not satisfied with any report made and filed by any employing unit of the amount of contributions, the Commissioner may compute the amount required to be paid upon the basis of facts contained in the report or reports or may make an estimate upon the basis of any information in his or her possession or that may come into his or her possession and make an assessment of the deficiency. (c) The assessment shall include penalty as required by Code Section 34-8-165 and interest as required by Code Section 34-8-166 together with all costs incurred in recording and canceling liens. (d) One or more assessments may be made for the amount due for one or more than one period and overpayments may be offset against underpayments. (e) The Commissioner shall give to the employing unit against whom an assessment is made a written notice of the assessment. Such notice shall be directed to the last known address of the employing unit as provided to the Commissioner by the employing unit. (f) (1) Except in the case of failure without good cause to file a return, fraud, or intent to evade any provision of this chapter or authorized regulations, every notice of assessment shall be made within three years after the last day of the month following the close of the calendar quarter during which the contribution liability included in the assessment accrued or within three years after the deficient return is filed, whichever period expires later. An employing unit may waive this limitation period or may consent to its extension. (2) In case of failure without good cause to file a return, every notice of assessment shall be made within seven years after the last day of the month following the

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close of the calendar quarter during which the contribution liability included in the assessment accrued. An employer may waive this limitation period or may consent to its extension. (g) (1) If the Commissioner finds that the collection of any contributions will be jeopardized by delay, the Commissioner shall thereupon make an assessment of those contributions, noting upon the assessment that it is a jeopardy assessment levied under this Code section and the facts upon which the Commissioner finds that collection of contributions will be jeopardized by delay. The amount of the assessment shall be immediately delinquent, whether or not the time otherwise allowed by law or authorized regulations has expired. When applicable, the penalties and interest provided in Code Sections 34-8-165 and 34-8-166 shall attach to the amount of the contributions specified in the jeopardy assessment. (2) In levying the assessment, the Commissioner may demand a deposit of such security as the Commissioner deems necessary to ensure compliance with the department, including additional security from time to time, but not more frequently than monthly, in the amount of accumulating interest. The deposit of sufficient security to ensure compliance shall stay other collection action by the Commissioner while the assessment is under review. The deposit of the sufficient security shall not be a condition for the exercise of the review and appeal rights of the employer pursuant to this chapter. The filing of a petition for reassessment shall not stay collection action by the Commissioner while the assessment is under review but shall stay the sale of all property other than perishable goods seized by the Commissioner pursuant to the collection action until a final decision from a hearing pursuant to this chapter is issued by the Office of Administrative Appeals. (h) A jeopardy assessment may be made only upon a finding by the Commissioner, based upon probable cause, that any of the following conditions are met: (1) The employer is insolvent;

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(2) The employer has transferred, or is about to transfer, assets for less than fair market value, and by so doing has rendered, or is likely to render, itself insolvent; (3) The employing unit has been dissolved; (4) Any person liable for the employer's contribution or any owner, officer, director, partner, or other person having charge of the affairs of the employer has departed or is about to depart the State of Georgia and that the departure is likely to deprive the Commissioner of a source of payment of the employer's contributions; or (5) Any person referenced in paragraph (4) of this subsection or the employer is secreting assets or is moving, placing, or depositing assets outside of the state for the purpose of interfering with the orderly collection of any contribution. The moving, placing, or depositing of assets outside of the state which constitutes a regular business practice and which does not in any way deplete the assets of the employing unit shall not be deemed to be interfering with the orderly collection of any contribution under this chapter. (i) Any assessment so made by the Commissioner shall be prima facie good and sufficient for all legal purposes. Notice and demand for such contributions plus interest, penalty, and costs shall be made upon such forms as the Commissioner may prescribe, and the notice and demand shall become final 15 days after the date of delivery of said notice and demand to the employer in person or by mail. Notwithstanding any of the foregoing, an employer may make application for adjustment or refund as provided in Code Section 34-8-164 if the report required by Code Sections 34-8-121 and 34-8-165 has been filed with the Commissioner. In the discretion of the Commissioner, an adjustment or refund may be made after a lien has issued and been recorded, but only if the Commissioner is satisfied the report is complete and accurate. The Commissioner shall require such documentation and may inspect any books or records of the employer as the Commissioner deems necessary to make this determination. An adjustment to the amount due may be made if the lien has not yet been satisfied. If the lien has been satisfied, a refund may be issued by the Commissioner.

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34-8-171. An employer may be enjoined from employing individuals if such employer's reports remain unfiled or contributions remain unpaid 90 days after the end of the calendar quarter to which they apply. The Commissioner or a designee of the Commissioner may file a complaint for an injunction in the superior court of any county in which the employer may be doing business. Said employer shall be enjoined from employing individuals until all reports have been filed and all delinquent amounts have been paid to the Commissioner. 34-8-172. The Commissioner shall require any employee leasing company, as defined in Code Section 34-8-32, to post a surety bond or such equivalent financial securities as approved by the Commissioner in such an amount as needed to cover the total of any potential tax liability which may reasonably be expected to be incurred by such employer. In the event an employee leasing company is unable to procure such bond or security, the employee leasing company may report such employees as being in the employment of its client employers, notwithstanding any provision of Code Section 34-8-32 to the contrary. 34-8-173. (a) The Commissioner may release or subordinate all or any portion of the property subject to any lien obtained under provisions of this chapter if the Commissioner determines that the contributions, interest, and penalties are sufficiently secured by a lien on other property or through other security or that the release, partial release, or subordination of such lien will not endanger or jeopardize the collection of amounts due. (b) (1) The Commissioner is authorized to settle and compromise any payment of contributions and interest thereon, including penalty, or any tax execution, where there is doubt as to the liability of the employer or where there is doubt as to the collectability and the settlement or compromise is in the best interest of the state. The Commissioner may make all reasonable rules and regulations necessary to effectuate the purpose of this Code section. (2) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Industry and Labor Committee, and the members of the House

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Industrial Relations Committee, which report shall state the number of cases and the total amount of debt which is compromised under this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose debt was compromised, the amount of debt compromised, the number of cases, and the specified reasons for each debt compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor. 34-8-174. In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, in proceedings relating to the administration of the estate of a decedent, receivership, assignment for benefit of creditors, adjudicated insolvency, composition, dissolution, reorganization, or similar proceedings, contributions then or thereafter due, together with interest, penalties, and cost thereon, shall be paid in full in accordance with laws of this state governing the order of payment of tax liens and tax priorities. In the event of any employer's adjudication in bankruptcy or judicially confirmed extension proposal, contributions then or thereafter due, together with interest, penalties, and costs thereon, shall be required to be paid in accordance with the laws governing the lien and priority of taxes due this state. 34-8-175. Any employing unit which sells or transfers its business or stock of goods shall file all required tax and wage reports and pay all contributions, administrative assessments, interest, and penalties within 30 days after such sale or transfer. Such reports and payments shall include all wages for employment up to the date of the sale or transfer. The purchaser, transferee, successor, or assignee shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, administrative assessments, interest, and penalties due and unpaid by the seller or transferor. If the seller or transferor fails to make required payments within the 30 days specified, then the purchaser, transferee, successor, or assignee shall pay the money so withheld. If the purchaser, transferee, successor, or assignee fails to do so, it shall become liable for such contributions, administrative assessments, interest, and penalties. After 30 days the purchaser, transferee, or successor will also become jointly and severally responsible

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with the predecessor for filing of any delinquent reports. If the payment of moneys is not involved in the sale or transfer, such seller shall withhold the performance of the condition that constitutes the consideration for the transfer until the Commissioner certifies that all reports have been filed and all contributions, administrative assessments, interest, and penalties have been paid. 34-8-176. All collection, penalty, and sanction provisions in this chapter that are applicable to private employers are made equally applicable to all public employers who are liable for the payment of contributions or payments in lieu of contributions pursuant to this chapter. 34-8-177. Should any department or political subdivision of the state, any instrumentality of a political subdivision of the state, or any instrumentality of one or more of the foregoing become more than 120 days delinquent in contributions or payments in lieu of contributions due to the Unemployment Compensation Fund, the Department of Labor shall certify to the Fiscal Division of the Department of Administrative Services the amount due. The fiscal division shall transfer the amount due to the Department of Labor from funds it has available for distribution to the respective department or political subdivision of the state, instrumentality of a political subdivision of the state, or instrumentality of one or more of the foregoing. The certification shall be signed by the Commissioner and shall be conclusive proof of the delinquency. The Commissioner shall mail a copy of the certification to the delinquent public employer on the date of transmittal to the Department of Administrative Services. Should the public employer wish to appeal the Commissioner's decision, it shall so notify the Commissioner within 15 days from the date the certification is mailed to the public employer. The Commissioner shall, upon receipt of the notice, request the Attorney General to appoint an independent attorney as an administrative hearing officer to hear all issues involved and render a decision. Should the public employer or the Commissioner contest the administrative hearing officer's decision, an appeal may be filed, within 30 days after the decision of the administrative hearing officer has been mailed, in the superior court of the county in which the decision was rendered. The Attorney General shall represent the Commissioner in any such matters appealed.

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ARTICLE 6 34-8-180. (a) There is created an administrative assessment of.06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the following employers: (1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contributions as provided in said Code section; or (2) Those employers who, by application of the Statewide Reserve Ratio as provided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assessments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this subsection is unlawful. 34-8-181. In addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of.06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. 34-8-182. (a) The Commissioner is authorized to collect the administrative assessment as provided in Code Section 34-8-180 and to deposit the funds in the clearing account of the Unemployment Compensation Fund created by Code Section 34-8-83; provided, however, that such funds shall not be considered as part of the Unemployment Compensation Fund and shall not be deposited with the Secretary of the Treasury of the United States. The Commissioner is further authorized to transfer the funds from that account to the state treasury.

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(b) The General Assembly is authorized to appropriate to the department all funds collected and deposited in the state treasury under this article. These funds shall be payable upon requisition of the Commissioner. 34-8-183. The Commissioner may promulgate such rules and regulations as are necessary to implement and effectuate the provisions of this article. 34-8-184. (a) Except as otherwise provided in this article and in the rules and regulations promulgated pursuant to this article, the provisions of this article shall be administered in accordance with corresponding provisions for the administration of this chapter. Such provisions shall be subject to the same calculations, assessments, method of payment, penalties, interest, costs, and collection procedures otherwise provided in this chapter. (b) In the administration of this article and the collection of the administrative assessment created by this article, the Commissioner is granted the same authority as he or she possesses pursuant to other provisions of this chapter. Such authority includes, but is not limited to, the collection of payments; the imposition of interest, penalties, and costs; injunctive relief; and all other rights, authority, and prerogatives granted the Commissioner under this chapter. (c) The rights, authority, and prerogatives created under this article shall not in any manner diminish the other rights, authority, and prerogatives of the Commissioner with respect to the administration of this chapter. 34-8-185. This article shall stand repealed in its entirety on June 30, 1996. ARTICLE 7 34-8-190. (a) Claims for benefits shall be made in accordance with such rules or regulations as the Commissioner may prescribe. The Commissioner may provide for employer initiated claims under such circumstances as prescribed in rules or regulations.

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(b) Each employer shall post and maintain, in places readily accessible to employees, printed statements concerning such regulations or such other matters as the Commissioner may by regulation prescribe. Each employer shall make available to its employees copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe. (c) Each employer shall furnish to each employee a separation notice at such time as the employee leaves the employment of the employer. The separation notice shall contain detailed reasons for the employee's separation. The employee shall tender this separation notice at the time of filing a claim for benefits. This separation notice shall be in such form as prescribed by rules or regulations of the Commissioner. The Commissioner shall by rule or regulation prescribe the circumstances under which such form must be furnished to the department. 34-8-191. All benefits payable from and out of the Unemployment Compensation Fund shall be paid as provided in this chapter and through the employment offices of the department in accordance with such rules and regulations as the Commissioner may prescribe. 34-8-192. (a) Employees of the department designated by the Commissioner shall take the initial claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits. (b) Whenever a determination involves the application of paragraph (4) of Code Section 34-8-195 or involves multiple claimants and difficult issues of fact or law, the Commissioner may appoint a panel of three administrative hearing officers for hearing and decision in accordance with subsection (a) of Code Section 34-8-220. The claimant and any other parties to the determination or redetermination shall be promptly notified of the decision and the reasons therefor.

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(c) A determination shall be final unless a party entitled to notice applies for reconsideration of the determination or appeals the determination within 15 days after the notice was mailed to the party's last known address or otherwise delivered to the party. Before a determination becomes final as provided in this Code section, the Commissioner may issue a redetermination if good cause is shown. Such redetermination is subject to further appeal by any party entitled to notice as provided in this chapter. (d) Notwithstanding any provision in this Code section or this chapter to the contrary, benefits shall be paid promptly in accordance with a determination or redetermination under this Code section or the decision of an administrative hearing officer, the board of review, or a reviewing court allowing benefits upon the issuance of such determination or redetermination without such payments being withheld pending outcome of the hearing of an appeal, review by the board of review, or decision of a court, unless and until such determination has been modified or reversed by a subsequent decision. In that event, benefits shall be paid or denied for any weeks of unemployment in accordance with such modifying or reversing decision. Neither the board of review nor any court shall issue an injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits pending the disposition of such appeal. 34-8-193. (a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 50. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 25. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must

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have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code section shall be no less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly benefit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall be established for less than $37.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00; (3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00; (4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00; (5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00; (6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; and (7) For claims filed on or after July 1, 1990, the maximum weekly benefit amount shall not exceed $185.00.

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(d) The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (e) An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $30.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings of $30.00 or less will not affect entitlement to benefits. For the purpose of this subsection, jury duty pay shall not be considered as earnings. (f) (1) The amount of unemployment compensation payable to an individual for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. (2) The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if: (A) Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained or contributed to by a base-period employer or chargeable employer as determined under applicable law; and (B) Payments for services performed for such employer by the individual after the beginning of the base period affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity, or similar payment, except in the case of pensions paid

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under the federal Social Security Act, the Railroad Retirement Act of 1974, or the corresponding provisions of prior law. (3) The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent share contributed by such individual. An individual who, while working, contributed 50 percent or more toward such plan shall not be subject to a reduction in the weekly benefit amount of the claim. (g) Between the filing of one benefit year claim and the filing of another benefit year claim, an individual must have performed services in bona fide employment and earned insured wages for such services. These wages for insured work must equal or exceed ten times the weekly benefit amount of the new claim in order to establish entitlement. (h) The wage credits and benefit rights of persons who entered the armed services of the United States during a national emergency are preserved for the period of their actual service and six months thereafter in accordance with regulations of the Commissioner. 34-8-194. An individual shall be disqualified for benefits: (1) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer voluntarily without good cause in connection with the individual's most recent work. Good cause shall be determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioner's determination the burden of proof of good work connected cause for voluntarily leaving such work shall be on the individual. Benefits shall not be denied under this paragraph,

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however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment; (2) (A) For the week or fraction thereof in which such individual has filed an otherwise valid claim for benefits after the individual has been discharged or suspended from work with the most recent employer for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed as determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee; provided, however, that: (i) An individual shall secure employment and show to the satisfaction of the Commissioner that such individual has performed services in bona fide employment and earned insured wages equal to at least 12 times the weekly benefit amount of the claim and has lost that job through no fault on the part of such individual, if it is determined by the Commissioner that the individual has been discharged for cause by the most recent employer for one or more of the following reasons: (I) Intentional conduct on the premises of the employer or while on the job which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders, or the eventual consumer of products; or

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(II) Intentional conduct that results in the employee's being discharged for, and limited to, the following: theft of property, goods, or money valued at $100.00 or less; and (ii) An individual shall secure employment and show to the satisfaction of the Commissioner that he or she has performed services in bona fide employment and earned insured wages equal to at least 16 times the weekly benefit amount of the claim if it is determined by the Commissioner that the individual has been discharged for cause by the most recent employer for one or more of the following reasons: (I) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or (II) Intentional conduct that results in the employee's being discharged for, and limited to, the following: theft of property, goods, or money valued at over $100.00, sabotage, or embezzlement. (B) An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Commissioner, the Commissioner determines: (i) The individual made a good faith effort to perform the duties for which hired but was simply unable to do so; (ii) The individual did not intentionally fail or consciously neglect to perform his or her job duties; (iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer;

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(iv) The discharge occurred as a violation of the employer's rule of which the claimant was not informed by having been made aware thereof by the employer or through common knowledge. Consistency of prior enforcement shall be taken into account as to the reasonableness or existence of the rule and such rule must be lawful and reasonably related to the job environment and job performance; or (v) Except for activity requiring disqualification under paragraph (4) of this Code section, the employee was exercising a protected right to protest against wages, hours, working conditions, or job safety under the federal National Labor Relations Act or other laws; (3) (A) If, after the claimant has filed an otherwise valid claim for benefits, the claimant has failed without good cause either to apply for available, suitable work when so directed by an employment office or the Commissioner or to accept suitable work when offered to the claimant by any employer. Such disqualification shall continue until he or she has secured subsequent employment for which the individual has earned insured wages equal to at least ten times the weekly benefit amount of the claim and has lost that job through no fault on the part of the individual. (B) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his or her health, safety, and morals; his or her physical fitness and prior training; his or her experience and prior earnings; his or her length of unemployment and prospects for securing local work in his or her customary occupation; and the distance of the available work from his or her residence. The length of unemployment shall be given full consideration and, after an adjustment period, the claimant must accept work involving less competence and at a lower remuneration. If a claimant has received ten weeks of benefits during his or her current period of unemployment, no work otherwise suitable shall be

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considered unsuitable because of prior training, experience, prior earnings, or level of compensation, provided such compensation is equal to or exceeds 66 percent of the claimant's highest calendar quarter base period earnings; provided, however, that such compensation must be equal to or greater than the minimum wage established by federal or state laws. (C) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work: (i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (ii) If the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; or (iii) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; (4) For any week with respect to which the Commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or she is or was last employed. If, in any case, separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this paragraph, be deemed to be a separate factory, establishment, or other premises. This paragraph shall not apply if it is shown to the satisfaction of the Commissioner that: (A) He or she is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work;

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(B) He or she does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; or (C) A lockout has occurred following the expiration of the most recent working agreement without any offer of or refusal to continue that agreement during continued negotiations for a new agreement acceptable to employer and employee. When a stoppage of work due to a labor dispute ceases and operations are resumed at the factory, establishment, or other premises at which the employee is or was last employed but the employee has not been restored to such last employment, the employee's disqualification for benefits under this paragraph shall be deemed to have ceased at such time as the Commissioner shall determine such stoppage of work to have ceased and such operations to have been resumed. Benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which the employee is or was last employed even though the stoppage of work shall have ceased and operations have been resumed; (5) For any week with respect to which the employee is receiving or has received remuneration in the form of: (A) Wages in lieu of notice, terminal leave pay, severance pay, separation pay, or dismissal payments or wages by whatever name, regardless of whether the remuneration is voluntary or required by policy or contract; provided, however, such remuneration shall only affect entitlement if the remuneration for such week exceeds the individual's weekly benefit amount. Remuneration for accrued but unused annual leave, vacation pay, sick leave, or payments from employer funded supplemental unemployment plans, pension plans, profit-sharing plans, deferred compensation, or stock bonus plans or seniority buyback plans shall not

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affect entitlement. In the case of lump sum payments or periodic payments which are less than the individual's weekly wage, such payments shall be prorated by weeks on the basis of the most recent weekly wage of the individual for a standard work week; or (B) Compensation for temporary partial or temporary total disability under the workers' compensation law of any state or under a similar law of the United States; (6) For any week with respect to which he or she has received or is seeking unemployment compensation under an unemployment compensation law of another state or of the United States; or (7) If while attending a training course as provided in Code Section 34-8-195, he or she voluntarily ceases attending such course without good cause. Such disqualification shall continue pursuant to the provisions of paragraph (1) of this Code section. However, if any individual is separated from training approved under Code Section 34-8-195 due to the individual's own failure to abide by rules of the training facility, he or she shall be disqualified for benefits under the provisions of paragraph (2) of this Code section. 34-8-195. (a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met: (1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earnings in accordance with Code Section 34-8-190; (2) The individual has registered for work and has continued to report to an employment office as required by regulations prescribed by the Commissioner. The Commissioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compliance with the

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requirements would be oppressive or inconsistent with the purposes of this chapter; (3) (A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that: (i) The individual is away from work on vacation or leave of absence at the individual's own request; (ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or (iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to: (I) An established employer custom, practice, or policy as evidenced by the previous year or years; or (II) A vacation policy and practice established by the employer by an announcement, made at least 90 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligibility requirements of the plan. (B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph;

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(4) The individual is willing to work under the same general terms and conditions as existed since the beginning of the base period; and (5) The individual has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-193. (b) An individual who is laid off with a scheduled return-to-work date within six weeks from the date of separation shall be considered attached to the employer and exempt from seeking work. However, if the employee has not returned to work at the end of that period, the employee must meet the requirements of subsection (a) of this Code section. (c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assignment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer. (d) No otherwise eligible individual shall be denied benefits because that individual is in training with the approval of the Commissioner. Individuals attending such approved training are exempt from the availability and work search requirements of this Code section. Such individual may also refuse work or referrals to job openings while in training without being subject to disqualification under paragraph (3) of Code Section 34-8-194. (e) A claimant shall not be deemed ineligible or disqualified for benefits because he or she is in training approved by the United States Secretary of Labor pursuant to the Trade Act of 1974, as amended, or the Job Training Partnership Act of 1982, as amended, even though he or she voluntarily quit work which was not suitable to enter such training or he or she is not able, available, or actively seeking work or he or she refused work during any week of such training. For the purpose of this subsection, the term `suitable work' means, with respect to a claimant, work of a substantially equal or higher skill level than

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the claimant's past adversely affected work and wages for such work are not less than 80 percent of the claimant's average weekly wage in the adversely affected work; provided, however, no claimant shall be deemed ineligible or disqualified for benefits by operation of paragraph (7) of subsection (a) of Code Section 34-8-197 who is in approved training as referred to in this subsection; provided, further, should the employer respond timely and such voluntary separation on the part of the claimant is without good cause in connection with the claimant's most recent work, such employer's experience rating account shall not receive charges for any benefits paid as provided for in Code Section 34-8-157; provided, further, should the claimant refuse suitable work while in training and the employer files timely information as provided by regulation, such employer's experience rating account shall not be charged; provided, further, pursuant to Code Section 34-8-159, an employer under Code Section 34-8-158 who has elected to make payments in lieu of contributions is subject to relief of charges under this subsection, only with respect to claims filed with benefit years beginning on or after January 1, 1992. 34-8-196. (a) Benefits based on service in employment as defined in subsections (h) and (i) of Code Section 34-8-35 shall be payable in the same amount, on the same terms, and subject to the same conditions as compensation payable on the basis of other services subject to this chapter, except as otherwise provided in this Code section: (1) With respect to services performed in an instructional, research, or principal administrative capacity for any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services were performed in the prior year, term, or vacation period and there is a contract or a reasonable assurance of returning to work for an educational institution immediately following the period of unemployment. Such periods of unemployment include those occurring: (A) Between two successive academic terms or years;

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(B) During an established and customary vacation period or holiday recess; (C) During the time period covered by an agreement that provides instead for a similar period between two regular but not successive terms; or (D) During a period of paid sabbatical leave provided for in the individual's contract; and (2) With respect to services performed in any other capacity with any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of unemployment if services were performed in the prior year, term, or vacation period and there is a reasonable assurance of returning to work for an educational institution immediately following the period of unemployment. If compensation is denied pursuant to this paragraph to an individual, however, and that individual is not offered an opportunity to perform services for the educational institution following the unemployed period, such individual shall be entitled to retroactive payment for each week during that period of unemployment a timely claim was filed and benefits were denied solely by reason of this paragraph. Such periods of unemployment include those occurring: (A) Between two successive academic years or terms; or (B) During an established and customary vacation period or holiday recess; and (3) Benefits shall not be paid as specified in paragraphs (1) and (2) of this subsection to any individual for any week of unemployment if the individual performs such services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, the term `educational service agency' means a governmental agency or governmental entity that is established and operated exclusively for the purpose of

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providing such services to one or more educational institutions. (b) Benefits shall not be paid to an individual on the basis of any services substantially all of which consist of participating in professional sports or athletic events or of training or preparing to so participate for any week which begins during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods. (c) (1) Benefits shall not be paid to an individual based on services performed by an alien unless such alien was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the federal Immigration and Nationality Act. (2) Any data or information required of individuals applying for benefits to determine whether benefits are payable because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the evidence. (d) As used in this Code section, the term `reasonable assurance' means a written, verbal, or implied agreement between an employer and its employee that such employee will be returned to employment following the period of unemployment. 34-8-197. (a) As used in this Code section, the term:

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(1) `Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. (2) `Exhaustee' means an individual who, with respect to any week of unemployment in his or her eligibility period: (A) Has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; (B) His or her benefit year having expired prior to such week, has no or insufficient wages on the basis of which he or she could establish a new benefit year that would include such week; and (C) (i) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States Secretary of Labor. (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee.

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(3) `Extended benefit period' means a period which: (A) Begins with the third week after a week for which there is a state `on' indicator; and (B) Ends with either of the following weeks, whichever occurs later: (i) The third week after the first week for which there is a state `off' indicator; or (ii) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state `on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state `on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. There is a state `off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either of the above provisions is not satisfied. (4) `Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States Secretary of Labor; by (B) The average monthly employment covered under this chapter for the first four of the most recent

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six completed calendar quarters ending before the end of such 13 week period. (5) `Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended benefits. (6) `State law' means the unemployment insurance law of any state approved by the United States Secretary of Labor under Section 3304 of the Internal Revenue Code. (7) `Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with this chapter. (b) Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commissioner finds that with respect to such week: (1) He or she is an `exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an

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interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms `benefit year' and `extended benefit period' shall have the same respective meanings. (d) The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year; (2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or (3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits

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which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Whenever an extended benefit period is to become effective in this state as a result of the state `on' indicator or whenever an extended benefit period is to be terminated in this state as a result of the state `off' indicator, the Commissioner shall make an appropriate announcement. (g) Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States Secretary of Labor. (h) Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails: (1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or (2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if: (A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and (B) The individual provides tangible evidence to the satisfaction of the Commissioner that he or she has engaged in such an effort during such week. (i) If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and

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(2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year. (j) No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work: (1) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) The individual's weekly benefit amount for such individual's benefit year; and (B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of: (A) The minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The Georgia minimum wage.

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(k) A claimant for extended benefits shall be referred to any suitable work as provided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. 34-8-198. (a) Each claimant shall disclose to the department whether or not such claimant owes child support obligations which are being enforced pursuant to a plan described in Section 454 of the federal Social Security Act. (b) The department shall notify the state or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compensation. (c) The department shall cause to be deducted and withheld from any unemployment compensation otherwise payable to such claimant: (1) The amount specified by the claimant to be deducted and withheld if neither paragraph (2) nor (3) of this subsection is applicable; (2) The amount determined pursuant to an agreement submitted to the department by the state or local child support enforcement agency under Section 454(20)(B)(i) of the federal Social Security Act; or (3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation which has been determined through legal process as that term is defined in Section 462(e) of the federal Social Security Act. (d) Any amount so deducted and withheld pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section shall be paid to the appropriate state or local child support enforcement agency. (e) Any amount deducted and withheld pursuant to this Code section shall for all purposes be treated as if it were paid to the claimant as unemployment compensation and then paid by such claimant to the state or local child support enforcement

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agency in satisfaction of the claimant's child support obligations. ARTICLE 8 34-8-220. (a) The Commissioner shall appoint one or more impartial hearing officers to hear and decide appealed decisions. Each hearing officer shall be selected in accordance with Code Section 34-8-74. No person shall participate on behalf of the Commissioner in any case in which he or she is an interested party. (b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and initial determination or shall make a decision after hearing on issues referred by the Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be duly notified of such decision, together with the reasons therefor, which shall be deemed to be the final decision of the Commissioner, unless within 15 days after the date of notification or mailing of such decision further appeal is initiated pursuant to subsection (a) of Code Section 34-8-221. 34-8-221. (a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence previously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall be final. (b) The board of review may, in its discretion and on its own motion, reconsider its final decision at any time within 15 days of the release of the final decision of the board. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board. (c) The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is

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anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated. (d) In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed. (e) The Commissioner shall provide the board of review and the office of administrative appeals with proper facilities and assistants for the execution of their functions. 34-8-222. The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Commissioner for determining the rights of the parties. It is not required that such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim before the administrative hearing officer shall be mechanically recorded but need not be transcribed unless the disputed claim is further appealed. The board of review, in its sole discretion, shall have the power to determine the necessity for transcription of any record to be considered by it. However, no provision of this Code section shall preclude the Commissioner from making the original documents, papers, and transcripts available for inspection upon written request by any party to the proceedings. Documents, papers, and transcripts shall be available for inspection during normal working hours at the office of the department in Atlanta or at the local office of the department where the original claim for benefits under this law was filed. Due to the confidential nature of the proceedings, only agency personnel or the board of review shall be permitted to make a recording of any type whatsoever of any hearing involving a claim for benefits or an appeal therefrom. The hearing may be recorded by one or both of the interested parties, provided prior written consent is received by the office of administrative appeals from all interested parties.

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34-8-223. (a) Any decision of the board of review, in the absence of a reconsideration as provided in subsection (d) of Code Section 34-8-192, shall become final 15 days after the date of notification or mailing. Judicial review shall be permitted only after any party claiming to be aggrieved thereby has exhausted his or her administrative remedies as provided by this chapter. The Commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the Attorney General. (b) Within 15 days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review by filing a petition against the Commissioner in the superior court of the county where the employee was last employed. In the event the individual was last employed in another state, such appeal shall be filed in Fulton County, Georgia. Any other party to the proceeding before the board of review shall be made a respondent. The petition, which need not be verified but which shall state specifically the grounds upon which a review is sought, shall be served upon the Commissioner or upon such person as the Commissioner may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are respondents. The Commissioner shall mail one such copy to each such respondent. Within 30 days after the service of the petition, the Commissioner shall certify and file with the superior court all documents and papers and a transcript of all testimony taken in the matter, together with the board of review's findings of fact and decision therein. The Commissioner shall not be required to furnish any person with a copy of the aforementioned documents, papers, or transcripts or the original of these items prior to the Commissioner's filing these items with the court. The Commissioner may also, in his or her discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by any decision of the board of review or deems such decision contrary to the law and no other party enters an appeal therefrom, the Commissioner may, within 20 days after such decision has become final, appeal and certify to the superior court questions of law therein involved. The court shall consider and determine the same and enter a decree accordingly,

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which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Code section, the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. Such actions and the questions so certified shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the state is a material party and cases arising under Chapter 9 of this title. An appeal may be taken from the decision of the superior court to the Court of Appeals in the same manner as is provided in civil cases but not inconsistent with this chapter. No bond shall be required for entering an appeal. 34-8-224. Witnesses subpoenaed pursuant to this article shall be allowed fees at a rate fixed by the Commissioner. Such fees shall be deemed a part of the expense of administering this chapter. ARTICLE 9 34-8-250. Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions or payments in lieu of contributions required under this chapter from such employer shall be void. No employer shall directly or indirectly make, require, or accept any deduction from the wages of any individual in his or her employ to finance the employer's contributions or payments in lieu of required contributions or require or accept any waiver of any right under this chapter by any such individual. Any employer or agent of an employer who violates any provision of this Code section shall, for each offense and upon conviction, be guilty of a misdemeanor. 34-8-251. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Commissioner, the board of review, or representatives of the Commissioner or the board of review, or by any court or any officer thereof. Any individual claiming benefits in any proceeding before a court, the Commissioner, the board of review, or representatives of the Commissioner or the board of

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review may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the board of review. Any person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. 34-8-252. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt except child support obligations as described in Code Section 34-8-198 and overpayment for benefits as described in Code Section 34-8-254; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or her spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this Code section shall be valid. 34-8-253. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, the board of review, an administrative hearing officer, or any duly authorized representative of any of them or in obedience to the subpoena of any of them in any cause or proceeding before the Commissioner, the board of review, or an administrative hearing officer on the ground that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual testifying shall not be exempt from prosecution and punishment for perjury committed in testifying. 34-8-254. (a) Any person who has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while

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the person was disqualified from receiving benefits shall, in the discretion of the Commissioner, either be liable to have such sums deducted from any future benefits payable to such person under this chapter, no single deduction to exceed 50 percent of the amount of the payment from which such deduction is made, or shall be liable to repay the Commissioner for the Unemployment Compensation Fund a sum equal to the amount so received by him. Such sum shall be collectable in the manner provided by law for the collection of debts or any other method of collection specifically authorized by this chapter. (b) For the purpose of collecting overpaid benefits when the individual who owes the payment resides or is employed outside the State of Georgia, the Commissioner may enter into an agreement with one or more private persons, companies, associations, or corporations providing debt collection services; provided, however, the Commissioner shall retain legal responsibility and authority for the collection of overpayments of benefits and any debt collection agency shall function merely as an agent of the Commissioner for this purpose. The agreement may provide, at the discretion of the Commissioner, the rate of payment and the manner in which compensation for services shall be paid. The Commissioner shall provide the necessary information for the contractor to fulfill its obligations under the agreement. Any funds recovered shall be transmitted promptly to the Commissioner for deposit into the Unemployment Trust Fund. (c) The Commissioner may waive the repayment of an overpayment of benefits if the Commissioner determines such repayment to be inequitable. If any person receives such overpayment because of false representations or willful failure to disclose a material fact by such individual, inequitability shall not be a consideration and the person shall be required to repay the entire overpayment. 34-8-255. Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefits under this chapter to which such person is not entitled shall, upon an appropriate finding by the Commissioner, cease to be eligible

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for such benefits and an overpayment of benefits shall be computed without the application of deductible earnings as otherwise provided in Code Section 34-8-193. Further, such person shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omission. The ineligibility shall include any unpaid benefits to which the person would otherwise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination. No determination may be made by the Commissioner more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 8 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter. 34-8-256. (a) Any person who knowingly makes a false representation or knowingly fails to disclose a material fact to obtain or increase any benefit or payment under this chapter or under an employment insurance act of any other state or government, either for himself or herself or for any other person, whether such benefit or payment is actually received or not, shall upon conviction be guilty of a misdemeanor. Each such act shall constitute a separate offense. However, if a false representation or failure to disclose a material fact occurs with respect to more than one claim, which claim was made in more than one benefit year, or if the benefits received under this chapter which were the subject of a false representation or failure to disclose a material fact exceed $4,000.00, any such person shall upon conviction be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or fined not less than $1,000.00 or shall be subject to both such fine and imprisonment. (b) Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation or who knowingly fails to disclose a material fact in order to prevent or reduce the payment

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of benefits to any individual entitled thereto or to avoid becoming or remaining subject to this chapter or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required under this chapter or to produce or permit the inspection or copying of records as required under this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or fined not more than $1,000.00 or shall be subject to both such fine and imprisonment. Each such act shall constitute a separate offense. (c) Any person who establishes a fictitious employing unit for the purpose of enabling such person or another person to receive benefits under this chapter to which such person is not entitled shall upon conviction be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or fined not less than $1,000.00 or shall be subject to both such fine and imprisonment. (d) Any person who removes, deposits, or conceals or aids in removing, depositing, or concealing any property upon which a levy is authorized under any Code section of this chapter with intent to evade or defeat the assessment collection of any debt may be fined not more than $5,000.00 or imprisoned for not more than three years or shall be subject to both such fine and imprisonment and shall be liable to the state for the costs of prosection. (e) Any person who willfully violates any provision of this chapter or any order, rule, or regulation under this chapter, the violation of which is made unlawful or the observance of which is required under the terms of this chapter and for which a penalty is neither prescribed in this chapter nor provided by any other applicable provision of this Code section, shall upon conviction be guilty of a misdemeanor; and each day such violation continues shall be deemed to be a separate offense. Section 2. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions of terms used with respect to setoff debt collection by the Department of Revenue, is amended by striking subparagraph (E) of paragraph (1) in its

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entirety and inserting in its place a new subparagraph (E) to read as follows: (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted. Section 3. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by striking Code Section 50-5-72, relating to construction and public works contracts conducted by the Department of Administrative Services, and inserting in its place a new Code Section 50-5-72 to read as follows: 50-5-72. Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $500.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the

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Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized. Section 4. This Act shall become effective on January 1, 1992. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991. COMMISSIONER OF LABOR INSPECTION AND INSPECTION FEES; ELEVATORS; DUMBWAITERS; ESCALATORS; BOILERS; PRESSURE VESSELS; CARNIVAL RIDES. Code Sections 8-2-104, 34-11-15, 34-11-17, 34-13-5, and 34-13-8 Amended. Code Section 34-11-15.1 Enacted. No. 16 (House Bill No. 439). AN ACT To amend Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a certain time; to provide civil penalties for the failure to inspect such equipment within a certain time period; to provide for interest payments on certain unpaid fees; to provide exceptions; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to authorize the Commissioner of Labor

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to issue orders for the cessation of the operation of a boiler or pressure vessel which has been determined to be hazardous or unsafe; to provide for the resumption of operations under certain conditions; to provide that boilers and pressure vessels subject to inspection shall be inspected at certain times and inspection fees and operating certificate fees therefor shall be paid by a certain time; to provide civil penalties for the failure to inspect such boilers or pressure vessels within a certain time period; to provide for interest payments on certain unpaid fees; to provide exceptions; to provide that inspections of boilers or pressure vessels by the chief inspector or his deputy inspector shall be subject to certain fees; to provide a limitation on certain fees; to provide for the disposition of fees; to provide that the owner or operator of a carnival ride subject to inspection shall be required to pay an inspection fee as prescribed in the rules and regulations of the Commissioner of Labor; to provide for the disposition of fees; to repeal certain other provisions relating to inspection fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) (A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of paragraph (1) of this subsection.

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(2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected. (3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (4) The Commission may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department. Section 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end of Code Section 34-11-15, relating to the filing and maintenance of special investigator's report under the Boiler and Pressure Vessel Safety Act, a new subsection (f) to read as follows: (f) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel 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. Section 3. Said title is further amended by adding between Code Sections 34-11-15 and 34-11-16 in the Boiler and

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Pressure Vessel Safety Act, a new Code Section 34-11-15.1 to read as follows: 34-11-15.1 (a) Boilers and pressure vessels subject to operating certificate inspections by special, or owner or user, inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected. (b) (1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections. (2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department. Section 4. Said title is further amended by striking in its entirety Code Section 34-11-17, which is a reserved Code section under the Boiler and Pressure Vessel Safety Act, and inserting in lieu thereof a new Code Section 34-11-17 to read as follows: 34-11-17. The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state

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treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor. Section 5. Said title is further amended by striking in its entirety Code Section 34-13-5, relating to safety standards and regulations under the Carnival Ride Safety Act, and inserting in lieu thereof a new Code Section 34-13-5 to read as follows: 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; and (3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor. Section 6. Said title is further amended by striking in its entirety Code Section 34-13-8, relating to inspections under the

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Carnival Ride Safety Act, and inserting in lieu thereof a new Code Section 34-13-8 to read as follows: 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. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991. APPROPRIATIONS DEPARTMENT OF LABOR; SUPPLEMENTAL FOR S.F.Y. 1990-1991. No. 17 (House Bill No. 84). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia

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Annotated, the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property; to authorize the Commissioner of Labor to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations, and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is appropriated to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $1,214,519.82. Of said additional amount, the sum of $1,214,519.82 is authorized to be allocated for expenses incurred in the administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as amended, including personal services and operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure

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for such purposes as provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and the amount which may be obligated shall not exceed the limitations provided in Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, provided that said additional funds shall not be obligated for expenditure, as provided in this Act, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure for use in such locations in this state as he finds to be economical and desirable, such money as authorized in this Act and in Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, and, in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991. REAL ESTATE APPRAISERS DEFINITIONS; QUALIFICATIONS; LICENSING; CERTIFICATION; CONTINUING EDUCATION; FORESTERS; EXEMPTION; REAL ESTATE APPRAISERS BOARD; MEMBERS; TERMS; ROSTER OF APPRAISERS. Code Sections 43-39A-2, 43-39A-3, 43-39A-8, 43-39A-9, 43-39A-11, and 43-39A-24 Amended. No. 19 (Senate Bill No. 82). AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Licensing and Certification Act, so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to change provisions relating to the qualifications for registration, licensing, or certification of real estate appraisers; to change the provisions relating to continuing education requirements; to change the provisions relating to license and certification requirements for nonresidents; to require the board to submit to the Appraisal Subcommittee periodically a roster listing real estate appraisers who are licensed or certified in accordance with said chapter; to change the provisions relating to the exemption applicable to registered foresters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Licensing and Certification Act, is amended by striking in their entirety paragraphs (8) and (14) of Code Section 43-39A-2, relating to definitions under Chapter 39A of Title 43, and inserting in lieu thereof new paragraphs (8) and (14) to read as follows: (8) `Certified real estate appraiser' means a person who: (A) For a valuable consideration engages in real estate appraisal activity on any type of real estate or real property, which registered or licensed real estate appraisers are permitted to appraise or on such other real estate or real property as may be permitted by the Appraisal Subcommittee; and (B) Holds a current, valid certification issued under the provisions of this chapter. (14) `Licensed real estate appraiser' means a person who: (A) For a valuable consideration engages in real estate appraisal activity on: (i) Residential real estate or real property of one to four units, the value of which is less than $1 million; (ii) On real estate or real property transactions which are not federally related transactions; or (iii) On such real estate or real property as may be authorized by the Appraisal Subcommittee; and (B) Holds a current, valid license issued under the provisions of this chapter. Section 2. Said chapter is further amended by striking in their entirety subsections (d) and (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, and inserting in lieu thereof new subsections (d) and (e) to read as follows:

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(d) The term of each member of the board shall be five years, except that, one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. 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 the board for more than eight consecutive years. 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. Section 3. Said chapter is further amended by striking in its entirety Code Section 43-39A-8, relating to qualifications for registration, licensing, or certification of real estate appraisers, and inserting in lieu thereof a new Code Section 43-39A-8 to read as follows: 43-39A-8. (a) (1) In order to qualify as a registered 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; and

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(D) 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; and (D) Meet education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee. (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; and

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(D) Meet education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee. (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 establish through its rules and regulations experience, examination, or education standards which at a minimum are consistent with any guidelines for such standards established by the Appraisal Subcommittee. The board is also authorized to establish through its rules and regulations such classes of licensed real estate appraisers or certified real estate appraisers as may be necessary in order to be consistent with any guidelines for such classes of licensed or certified appraisers as may be 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 registered, licensed, and certified 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

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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; (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

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appraisers, provided that the board requires at least those minimum hours required by the Appraisal Subcommittee. Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-39A-9, relating to license and certification requirements for nonresidents, and inserting in lieu thereof a new subsection (c) to read as follows: (c) An applicant who is licensed or certified in another state under such state's laws which are designed to comply with 12 U.S.C. Sec. 3301, et seq., 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

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(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. Section 5. Said chapter is further amended by striking in its entirety subsection (l) of Code Section 43-39A-11, relating to fees for registration, license, certification, examination, and renewal, and inserting in lieu thereof a new subsection (l) to read as follows: (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 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who are licensed or certified in accordance with this chapter. Section 6. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 43-39A-24, relating to the prohibition against engaging in real estate appraisal activity without registration, license, or certification, and inserting in lieu thereof a new paragraph (3) to read as follows: (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 valuation on such timber as permitted by Code Section 12-6-40, except that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain a license or certification under this chapter, if required by federal law and the Appraisal Subcommittee;.

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Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA, TEACHERS RETIREMENT SYSTEM OF GEORGIA, AND STATE EMPLOYEES' ASSURANCE DEPARTMENT; BOARDS; MEMBERS. Code Sections 47-2-21, 47-3-21, and 47-19-1 Amended. No. 21 (House Bill No. 42). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by striking paragraph (2) of subsection (b) of Code Section 47-2-21, relating to the Board of Trustees of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:

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(2) The director of the Fiscal Division of the Department of Administrative Services, ex officio;. Section 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 47-3-21, relating to the Board of Trustees of the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and is not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning April 1, 1991. In making the appointment, the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section; Section 3. Said title is further amended by striking Code Section 47-19-1, relating to the State Employees' Assurance Department and its board of directors, in its entirety and substituting in lieu thereof a new Code Section 47-19-1 to read as follows: 47-19-1. There is created a department of the state government to be known as the State Employees' Assurance Department. The department shall be managed by a board of directors consisting of the director of the Fiscal Division of the Department of Administrative Services, the Commissioner of Labor, the state auditor, the commissioner of personnel administration, and two members to be appointed by the Governor. Section 4. This Act shall become effective on April 1, 1991. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991.

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ROCKDALE JUDICIAL CIRCUIT ADDITIONAL SUPERIOR COURT JUDGE. Code Section 15-6-2 Amended. No. 22 (House Bill No. 398). AN ACT To provide for an additional judge of the superior court of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Rockdale Judicial Circuit; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (32.1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (32.1) to read as follows: (32.1) Rockdale Circuit..... 2 Section 2. A new judge of the superior court is added to the Rockdale Judicial Circuit, thereby increasing to 2 the number of judges of said circuit. Section 3. The initial judge appointed by this Act shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1992, for a term of four years beginning on January 1, 1993, and until the election

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and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. Section 4. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Either of the two judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. Section 5. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judge of the superior court of the Rockdale Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. Section 6. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991.

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ATLANTA JUDICIAL CIRCUIT ADDITIONAL SUPERIOR COURT JUDGE. Code Section 15-6-2 Amended. No. 25 (House Bill No. 516). AN ACT To provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlanta Judicial Circuit; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Atlanta Circuit..... 15 Section 2. A new judge of the superior court is added to the Atlanta Judicial Circuit, thereby increasing to 15 the number of judges of said circuit. Section 3. The initial judge appointed by this Act shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 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

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elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. Section 4. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the 15 judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof. Section 5. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act. Section 6. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991.

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BLUE RIDGE AND GWINNETT JUDICIAL CIRCUITS ADDITIONAL SUPERIOR COURT JUDGES. Code Section 15-6-2 Amended. No. 26 (House Bill No. 360). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Blue Ridge Judicial Circuit; to provide for official papers; to provide for the division of business among the three judges of the Blue Ridge Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for courtroom and chamber space; to provide for an additional court reporter for said circuit; to provide for statutory construction; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit; to provide for the initial appointment and for the election and term of office of said judge; to prescribe the powers, duties, dignitaries, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for official papers; to provide for the division of business among the six judges of the Gwinnett Judicial Circuit of Georgia; to provide for a presiding judge and for the powers thereof; to provide for drawing and impaneling jurors; to provide for an additional court reporter and the compensation thereof; to provide for courtroom, jury room, and chamber space; to provide for statutory construction;

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to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (6) which reads as follows: (6) Blue Ridge Circuit..... 2, and inserting in its place a new paragraph (6) to read as follows: (6) Blue Ridge Circuit..... 3. Section 2. One additional judge of the superior courts of the Blue Ridge Judicial Circuit is added, thereby increasing to three the number of judges of said circuit. The additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 3. The additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of said 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.

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Section 4. 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 Blue Ridge 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 Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by Sections 1 through 3, this section, Sections 5 through 11, and subsection (a) of Section 23 of this Act. Section 5. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit. Section 6. Upon and after qualifications of the additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia, the three judges of said courts shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior courts for the Blue Ridge Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling; provided, however, that in the event that any two or more of said judges were elected at the same time and neither of said judges is senior in term of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge. Section 7. The judge of said courts, senior in term of current continuous, uninterrupted service as a judge of the superior courts, shall be the presiding judge of said courts in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as provided in Section 6 of this Act.

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Section 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. Section 9. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Blue Ridge Judicial Circuit as the same is now fixed or may hereafter be fixed. Section 10. The governing authority of the counties comprising the Blue Ridge Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the three judges of the Blue Ridge Judicial Circuit upon the recommendation of said judges. Section 11. Nothing enumerated in Sections 1 through 10, this section, and subsection (a) of Section 23 of 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 12. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (20) which reads as follows: (20) Gwinnett Circuit..... 5, and inserting in its place a new paragraph (20) to read as follows: (20) Gwinnett Circuit..... 6. Section 13. One additional judge of the superior courts of the Gwinnett Judicial Circuit is added, thereby increasing to six the number of judges of said circuit. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification

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of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 14. The additional judge of the superior court for the Gwinnett 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 six judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 15. 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 county of such circuit shall be the same as that of the other judges of the superior courts of the Gwinnett Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county of said circuit of the salary of the judge of the superior courts of the Gwinnett Judicial Circuit shall also be applicable to the additional judge provided for by Sections 12 through 14, this section, Sections 16 through 22, and subsection (b) of Section 23 of this Act. Section 16. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Gwinnett Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit. Section 17. Upon and after qualifications of the additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia, the six judges of said court shall be authorized to adopt,

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promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior court for the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling. Section 18. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided. Section 19. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. Section 20. The six judges of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed. Section 21. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the six judges of the Gwinnett Judicial Circuit upon the recommendation of said judges. Section 22. 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.

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Section 23. (a) For purposes of making the initial appointment of the third judge to fill the third judgeship created by Sections 1 through 11 of this Act and this subsection, Sections 1 through 11 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, Sections 1 through 11 of this Act and this subsection shall become effective July 1, 1991. (b) For purposes of making the initial appointment of the sixth judge to fill the sixth judgeship created by Sections 12 through 22 of this Act and this subsection, Sections 12 through 22 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Sections 12 through 22 of this Act and this subsection shall become effective July 1, 1991. Section 24. 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 1991 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 add a third judge to the number of judges in the Blue Ridge Judicial Circuit; to provide for related matters; and for other purposes. This 10th day of January, 1991. Bill Barnett Honorable Bill Barnett Representative, 10th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Barnett, who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce

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Local Legislation was published in the Forum which is the official organ of Forsyth County, on the following date: January 16, 1991. /s/ Bill H. Barnett BILL BARNETT Representative, 10th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Susan Gordon Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1991 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 add a third judge to the number of judges in the Blue Ridge Judicial Circuit; to provide for related matters; and for other purposes. This 10th day of January, 1991. /s/ Bill Barnett Honorable Bill Barnett Representative, 10th District. /s/ Steve Stancil Honorable Steve Stancil Representative, 8th District /s/ Garland Pinholster Honorable Garland Pinholster Representative, 8th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Barnett, who, on oath, deposes and says that he is Representative from the 10th District,

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and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following date: January 23, 1991. /s/ Bill Barnett BILL BARNETT Representative, 10th District Sworn to and subscribed before me, this 28th day of January, 1991. /s/ Susan Gordon Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Dec. 11, 1992 (SEAL) Approved March 27, 1991. EASTERN JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 27 (Senate Bill No. 26). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the election of the successors of the judge initially appointed; to prescribe the powers, duties, jurisdiction, privileges, and immunities of the judge; to prescribe the compensation,

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salary, and expense allowance of said judge to be paid by the State of Georgia and Chatham County; to authorize the judges of the court to adopt, promulgate, amend, and enforce rules of practice and procedure in the court and to provide for the allocation of the work and duties in transacting the business of the court; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for the issuance of writs, processes, orders, subpoenas, and other official papers out of the court and the return and trial thereof; to provide for quarters for said additional judge and for additional officers of court or deputies for the administration of the business of the Eastern Judicial Circuit of Georgia; to provide for related matters; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, is amended by striking paragraph (17) and inserting in its place a new paragraph to read as follows: (17) Eastern Circuit..... 6. Section 2. One additional judge of the superior courts is added to the Eastern Judicial Circuit, thereby increasing to six 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, 1991, and continuing through December 31, 1992, and until that judge's successor is elected and qualified. That judge's successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1992, for a term of four years beginning on the first day of January, 1993, and until that judge's successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections

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shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state. Section 4. The additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of the court. Section 5. The compensation, salary, and contingent expense allowance of the additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also, he shall be paid by Chatham County the same additional compensation as is paid by Chatham County to each of the other judges of the superior court. Section 6. Upon and after qualification of the additional judge of the Superior Court of the Eastern Judicial Circuit of Georgia, the six judges of the court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court, and in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among the judges in respect hereof, the decision of the judge senior in point of continuous service shall be controlling. Section 7. The judge of the court senior in term of continuous service shall be the presiding judge of the court in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. Section 8. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Eastern Judicial Circuit may bear teste in the name of any judge of the Eastern Judicial Circuit and, when issued by and in the name of any judge of the circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of the court may preside over any cause therein and perform any official act as judge thereof.

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Section 9. The governing authority of Chatham County shall provide a suitable courtroom, jury rooms, and chambers for the additional judge, and the commissioners are further empowered to provide such additional assistants or employees in the office of the sheriff of Chatham County and the office of the clerk of the Superior Court of Chatham County as the business of such court may require. Section 10. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and laws of the State of Georgia. Section 11. This Act shall become effective only if specifically funded and, if so funded, this Act shall become effective upon the later of: (1) its approval by the Governor or its becoming law without his approval; and (2) the enactment into law of legislation appropriating funds specifically designated in the Act appropriating the same as being for the purpose of funding the additional judgeship provided for in this Act. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1991.

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COUNTY AND MUNICIPAL EXCISE TAX LEVIES ROOMS, LODGINGS, AND ACCOMMODATIONS; REQUIREMENTS; LIMITATIONS. Code Sections 48-13-51 and 48-13-54 Amended. No. 29 (House Bill No. 420). AN ACT To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to change certain provisions relating to the collection, remittance, and expenditure of such excise tax with respect to certain lodges operated under the jurisdiction of the Department of Natural Resources; to provide for related matters; 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 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (1) and (2) to read as follows: (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 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

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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 accommoddations 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), (4.1), (5), and (5.1) 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 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), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (4.1) or (5) or (5.1) of this subsection shall apply instead.

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Section 2. Said article is further amended by adding a new paragraph immediately following paragraph (4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.1), to read as follows: (4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may 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 (in each fiscal year during which the tax is collected under this paragraph (4.1)) an amount equal to at least 62 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) 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, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), 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 (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax

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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 a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: `fund' and `funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility 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 a local coliseum authority in connection therewith; `obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and `facility' shall mean a coliseum or other 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 or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority. Section 3. Said article is further amended by adding a new paragraph immediately following paragraph (5) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (5.1), to read as follows: (5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a

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rate of 8 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 (5.1)) an amount equal to at least 62 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). 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, a local coliseum and exhibit hall authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), 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 (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder 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

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by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: `fund' or `funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority and any obligation of the local coliseum and exhibit hall authority to refund any prior obligation of the local coliseum and exhibit hall authority, 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; `obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and `facility' or `facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority. Section 4. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows: (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 (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (4.1), (5), or (5.1) 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 (4.1), (5), or (5.1) of this subsection.

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Section 5. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their place new paragraphs (9) and (10) to read as follows: (9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), (4.1), (5), or (5.1) 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), (4.1), (5), or (5.1) 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), (4.1), (5), or (5.1) 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), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this

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Code section for the purposes described in paragraph (2), (3), (4), (4.1), (5), or (5.1) of this subsection. Section 6. Said article is further amended by striking Code section 48-13-54, relating to the collection, remittance, and expenditure of certain excise taxes with respect to certain lodges operated under the Department of Natural Resources, in its entirety and substituting in lieu thereof a new Code Section 48-13-54 to read as follows: 48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources which regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is located in a county or municipality levying a tax under this 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 lodges or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the state park is operated as long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources. Section 7. In the event any article, Code 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 portion 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 portion hereof would be declared or adjudged invalid or unconstitutional.

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Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. SUPERIOR COURT JUDGES RETIREMENT SYSTEM POSTRETIREMENT COST-OF-LIVING BENEFIT ADJUSTMENTS; WITHDRAWAL FROM ELIGIBILITY; WITHDRAWAL OF CONTRIBUTIONS. Code Section 47-9-76 Amended. No. 32 (House Bill No. 483). AN ACT To amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, so as to provide for voluntary withdrawal from eligibility for such adjustments; to provide for withdrawal of contributions; to provide for matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to postretirement cost-of-living benefit adjustments for members of the Superior Court Judges Retirement System, is amended by inserting at the end thereof a new subsection (d) to read as follows:

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(d) Notwithstanding any provision to the contrary contained in this Code section, any current member of the retirement syste, who has made the election to become eligible for postretirement cost-of-living benefit adjustments as provided in subsection (a) of this Code section may elect to withdraw from such eligibility. Such election shall be made in writing to the board on or before June 30, 1992. Each member so withdrawing from eligibility shall be entitled to withdraw the total sum, with interest at the rate of 6 percent per annum, which he has paid pursuant to this Code section. Any retired member may withdraw from eligibility in the same manner and under the same conditions as current members; provided, however, that any such member's withdrawal of contributions shall be reduced by an amount equal to any sums he has received as a result of annual cost-of-living benefit adjustments granted pursuant to this Code section and such member's retirement benefit shall be reduced by an amount equal to the total of any cost-of-living benefits so granted. 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, 1991.

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MUNICIPAL CORPORATIONS MOTOR VEHICLE INSURANCE; MUNICIPAL CORPORATIONS OF MORE THAN 350,000 ACTING AS SELF-INSURERS; POPULATION FIGURE CHANGED FROM 400,000. No. 70 (House Bill No. 607). AN ACT To amend an Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal decennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental ownership of motor vehicles, approved March 21, 1970 (Ga. L. 1970, p. 3207), so as to change the population figures; to correct an obsolete reference to a law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing municipal corporations in this state having a population of more than 400,000 according to the last or any future federal decennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental ownership of motor vehicles, approved March 21, 1970 (Ga. L. 1970, p. 3207), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. All municipal corporations of Georgia whose population as determined by the 1960 federal decennial census or any later federal decennial census shall be more than 350,000 are authorized in their discretion to become self-insurers under the provisions of Code Section 33-24-51 of the O.C.G.A.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. REVENUE AND TAXATION CONFIDENTIAL INFORMATION; INCOME TAX RETURNS; DELINQUENT PAYMENTS OF AD VALOREM TAXES; REVIEW OF AD VALOREM TAXES; MUNICIPAL POPULATION; 350,000 OR MORE. Code Sections 48-2-15, 48-5-18, 48-5-24, and 48-5-312 Amended. No. 71 (House Bill No. 609). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those provisions of said title applicable to municipalities having a population of 400,000 or more; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (d) of Code Section 48-2-15, relating to confidential information in the administration of the tax laws, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:

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(d) Notwithstanding this Code section, the commissioner, upon request by resolution of the governing authority of any municipality of this state having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, shall furnish to the finance officer or taxing official of the municipality any pertinent tax information from state tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall retain, in the hands of the local officials, its privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the commissioner. The commissioner may make a nominal charge for any information so furnished, not to exceed the actual cost of furnishing the information. Nothing contained in this subsection shall be construed to prevent the use of the information as evidence in any state or federal court in the event of litigation involving any municipal or county tax liability of a taxpayer. Section 2. Said title is further amended by striking subsection (i) of Code Section 48-5-18, relating to time for making tax returns, in its entirety and substituting in lieu thereof a new subsection (i) to read as follows: (i) In all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census and having a joint city-county board of tax assessors, the officers authorized to receive tax returns for all such cities and counties shall open their books for the return of taxes on January 2 of each year and shall close them on March 1 of each year. Section 3. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 48-5-24, relating to interest on delinquent payments of ad valorem taxes, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census or to

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any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid: (A) The rate specified in Code Section 48-2-40 on the total amount of any such taxes, fees, service charges, or assessments which are not paid when due; and (B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceeds $1,000.00 equal to 1 percent per annum for each full calendar month which elapses between the date that the taxes, fees, service charges, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this paragraph shall not exceed 12 percent per annum or the rate specified in Code Section 48-2-40, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, provided that the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute; Section 4. Said title is further amended by striking subsection (a) of Code Section 48-5-312, relating to the review of ad valorem taxes in certain counties and municipalities, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) This Code section shall apply only in those counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities lying wholly or partially within such counties when the municipalities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census.

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Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. CITY BUSINESS IMPROVEMENT DISTRICTSMUNICIPAL POPULATION REQUIREMENT; ACT REPEALED. No. 72 (House Bill No. 612). AN ACT To repeal an Act providing for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census, approved April 9, 1981 (Ga. L. 1981, p. 4531); 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 for the creation and operation of city business improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census, approved April 9, 1981 (Ga. L. 1981, p. 4531), is repealed in its entirety.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. EMINENT DOMAIN MUNICIPALITIES OF 350,000 OR MORE; PUBLIC WORKS PROJECTS; POPULATION AMENDED; POPULATION ACT REPEALED FOR MUNICIPALITIES OF 400,000 OR MORE. Code Section 22-4-11.1 Amended. No. 73 (House Bill No. 615). AN ACT To amend Code Section 22-4-11.1 of the Official Code of Georgia Annotated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising powers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 22-4-11.1 of the Official Code of Georgia Annotated, relating to municipalities with populations of 400,000 or more, according to the United States decennial census of 1970 or any future census, exercising powers for public works projects not financed in whole or in part from federal funds, is

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amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) In addition and supplementary to other powers provided by this chapter for the several public entities, any municipal corporation having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census may exercise the powers provided by this chapter for public works projects which are not financed in whole or in part from federal funds, but which are financed wholly or in part from the funds of any such municipal corporation or from other nonfederal funding sources, if the governing authority of any such municipal corporation shall first pass an ordinance or resolution stipulating that such funds are to be spent in good faith anticipation of whole or partial reimbursement from federal funds. The costs incurred by any such municipal corporation pursuant to the authority provided by this Code section shall be a part of the costs of public works projects. In carrying out the powers granted under this Code section any such municipal corporation shall be authorized to: (1) Provide all relocation assistance and payments as authorized by this chapter; (2) Establish and implement all acquisition policies and practices authorized under this chapter; and (3) Provide for reimbursement of all necessary expenses authorized under this chapter. Section 2. An Act entitled An Act To amend an Act known as `The Georgia Relocation Assistance and Land Acquisition Policy Act of 1973,' approved April 13, 1973 (Ga. Laws 1973, p. 512), so as to authorize, upon certain conditions, municipal corporations having a population of 400,000 according to the United States decennial census of 1970 or any future such census to exercise the powers provided by said Act as a part of the costs of public works projects for public works projects which are not financed in whole or in part from federal funds but which are financed wholly or partially from the funds of such municipal corporations or from other nonfederal funding sources; to provide for other matters relative thereto; to provide for construction of this Act; to provide an effective date; to repeal conflicting laws; and for

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other purposes., approved April 13, 1981 (Ga. L. 1981, p. 1417), is repealed in its entirety. 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, 1991. MOTOR VEHICLES AND TRAFFIC ACCIDENT REPORTS; DEPARTMENT OF PUBLIC SAFETY; FEES. Code Section 40-9-30 Amended. No. 252 (House Bill No. 122). AN ACT To amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Public Safety; 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 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, is amended by striking Code Section 40-9-30, which reads as follows: 40-9-30. Reserved.,

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and inserting in lieu thereof a new Code Section 40-9-30 to read as follows: 40-9-30. The department shall charge a fee of $5.00 for each copy of any accident report received and maintained by the department pursuant to Code Section 40-6-273. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. PROBATION SHORTENING BY SENTENCING COURT; NOTICE AND HEARING. Code Section 17-10-1 Amended. No. 253 (House Bill No. 170). AN ACT To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation; to provide for notice and an opportunity for hearing and related procedures; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, 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:

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(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as provided in paragraph (2) of this subsection or as otherwise provided by law. (2) Where a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence to shorten the period of probation on motion of the defendant or on its own motion, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. Prior to entering any order for shortening a period of probation, the court shall afford notice and an opportunity for hearing to the prosecuting attorney; the victim or victims of the crime, if any; and the defendant by registered mail. Section 2. This Act shall become effective July 1, 1991, and shall apply with respect to sentences of probation entered prior to, on, or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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CONTROLLED SUBSTANCES SCHEDULE III; ANABOLIC STEROIDS; DANGEROUS DRUGS. Code Sections 16-13-27, 16-13-71, and 16-13-79 Amended. Code Section 16-13-71.1 Repealed. No. 254 (House Bill No. 179). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled substances anabolic steroids and certain other substances which promote muscle growth; to change the listing of dangerous drugs; to repeal a definition of anabolic steroid and certain penalties relating to conduct involving such substances; 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 Code Section 16-13-27, relating to the listing of Schedule III controlled substances, a new paragraph to read as follows: (6) Any anabolic steroid or any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for such administration: (A) Boldenone; (B) Chlorotestosterone; (C) Clostebol; (D) Dehydrochlormethyltestosterone;

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(E) Dihydrotestosterone; (F) Drostanolone; (G) Ethylestrenol; (H) Fluoxymesterone; (I) Formebolone; (J) Mesterolone; (K) Methandienone; (L) Methandranone; (M) Methandriol; (N) Methandrostenolone; (O) Methenolone; (P) Methyltestosterone; (Q) Mibolerone; (R) Nandrolone; (S) Norethandrolone; (T) Oxandrolone; (U) Oxymesterone; (V) Oxymetholone; (W) Stanolone; (X) Stanozolol; (Y) Testolactone; (Z) Testosterone;

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(AA) Trenbolone. Section 2. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (375) Ethylestrenol; (399) Fluoxymesterone; (576) Methandriol; (577) Methandrostenolone; (606) Methyltestosterone; (636) Nandrolone; (651) Norethandrolone; (667) Oxandrolone; (673) Oxymetholone; (887) Stanozolol; (934) Testolactone; (935) Testosterone;, and inserting in those numbered paragraphs the following: Reserved;, and by adding in the appropriate positions in said subsection the following paragraphs: (24.6) Altretamine; (91.5) Bepridil HCL; (239.5) Dapiprazole HCL;

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(318.5) Doxazorin Mesylate; (389.5) Fluconazole; (402.7) Fluticasone Propionate; (433.5) Halobetasol Propionate; (464.1) Idarubicin HCL; (506.5) Isradipine; (515.5) Levamisole HCL; (624.7) Moricizine HCL; (630.5) Nafarelin; (661.7) Ofloxacin; (663.3) Olsalazine Sodium; (733.5) Pipecuronium; (855.5) Sermorelin Acetate;. Section 3. Said chapter is further amended by striking Code Section 16-13-71.1, which reads as follows: 16-13-71.1. For purposes of this article, the term `anabolic steroid' means the naturally occurring androgens or derivative of androstance and testosterone and its esters, including but not limited to methyltestosterone, nandrolone, oxymetholone, oxandrolone, dromostanolone, ethylestrenol, and stanozolol. Section 4. Said chapter is further amended by striking Code Section 16-13-79, relating to violations concerning dangerous drugs, and inserting in its place a new Code section to read as follows: 16-13-79. Any person who violates this article shall be guilty of a misdemeanor.

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Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. ELECTIONS SPECIAL AND MUNICIPAL; HELD ON UNIFORM DATES; EXCEPTIONS. Code Sections 21-2-540 and 21-3-52 Amended. No. 255 (House Bill No. 195). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-540, relating to conducting special elections generally, and inserting in its place a new Code Section 21-2-540 to read as follows: 21-2-540. (a) 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

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provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. (b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. (c) (1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or

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(iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989'; or (B) Special primaries or special elections to fill vacancies in public offices. (d) Except as otherwise provided by this chapter, the superintendent of each county shall publish the call of the special election. (e) 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 2. 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. 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 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

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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., and inserting in its place a new Code Section 21-3-52 to read as follows: 21-3-52. (a) 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. (b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. (c) (1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and

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(B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989'; or (B) Special primaries or special elections to fill vacancies in public offices. (d) Except as otherwise provided by this chapter, the superintendent shall publish the call of the special election. (e) 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 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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DRIVERS' LICENSESRESTRICTED LEARNERS' PERMITS FOR 14 YEAR OLDS WITH VISUALLY IMPAIRED PARENTS. Code Section 40-5-22 Amended. No. 256 (House Bill No. 247). AN ACT To amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age; to provide for conditions of licensure; to provide for restrictions on the operation of vehicles by such persons; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons who may not be issued a driver's license, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-5-22 to read as follows: 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

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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) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment, may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (c) 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; (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

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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. 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, 1991. CERTIFIED PUBLIC WEIGHERS SURETY BOND REQUIREMENT REPEALED. Code Section 10-2-44 Repealed. Code Section 10-2-50 Amended. No. 257 (House Bill No. 256). AN ACT To amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, is amended by striking Code Section 10-2-44, relating to surety bonds of certified public weighers, and inserting in lieu thereof the following: 10-2-44. Reserved. Section 2. Said article is further amended by striking Code Section 10-2-50, relating to weighing leaf tobacco and livestock, in its entirety and inserting in lieu thereof the following: 10-2-50. (a) On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a certified public weigher who has been licensed by the Commissioner. (b) Livestock of any kind sold or offered for sale at any sales or auction barn shall be weighed by a certified public weigher who has been licensed by the Commissioner. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. CRIMINAL POSSESSION OF AN EXPLOSIVE DEVICE DEFINITION; PENALTY. Code Section 16-7-64 Amended. No. 258 (House Bill No. 271). AN ACT To amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an

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incendiary; to provide for the offense of criminal possession of an explosive device; to provide for definitions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, is amended by striking Code Section 16-7-64 and inserting in lieu thereof a new Code Section 16-7-64 to read as follows: 16-7-64. (a) A person commits the offense of criminal possession of an explosive device when he possesses, manufactures, sells, offers for sale, gives away, or transports a bomb, fire bomb, or Molotov cocktail. (b) As used in this Code section, the terms `fire bomb' and `Molotov cocktail' mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less which has a wick or any similar material which, when ignited, is capable of igniting the flammable liquid or compound when the device is thrown or dropped; and the term `bomb' includes any form of high explosives, explosive bomb, grenade, missile, or similar device. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, and bridges. (c) Subsection (a) of this Code section does not apply to a device coming within the definition of subsection (b) of this Code section when it is in the use, possession, or control of a member of the armed forces of the United States or a fireman or a law enforcement officer when acting in his official capacity or otherwise under proper authority. (d) A person convicted of the offense of criminal possession of an explosive device shall be punished by imprisonment

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for not less than one nor more than ten years or by a fine not exceeding $25,000.00, or by both. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. CERTIFIED MUNICIPAL JUDGE DEFINITION; CROSS-REFERENCE DELETED. Code Section 36-32-21 Amended. No. 259 (House Bill No. 313). AN ACT To amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as The Georgia Municipal Courts Training Council Act, so as to change the definition of the term certified municipal judge; to delete a cross-reference; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as The Georgia Municipal Courts Training Council Act, is amended by striking paragraph (1) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (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.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSING; RESIDENT; DEFINITION. Code Section 40-2-1 Amended. No. 260 (House Bill No. 423). 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 change the definition of resident with regard to registration and licensing requirements; 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 paragraph (2) of Code Section 40-2-1, relating to the definition of a resident, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (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 any person who, except

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for infrequent, brief absences, has been present in the state for 30 or more days is a `resident'. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. HEALTH CARE FACILITY REVOCATION OF CERTIFICATE OF NEED. Code Section 31-6-45.1 Amended. No. 261 (House Bill No. 546). AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate; 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 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking subsection (a) of Code Section 31-6-45.1, relating to automatic revocation of certificates of need, and inserting in its place a new subsection to read as follows: (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

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planning agency when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the department. For purposes of this subsection, the date of such final revocation shall be as follows: (1) When there is no appeal of the order pursuant to Chapter 5 of Title 31, the one hundred and eightieth day after the date upon which expires the time for appealing the revocation order without such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of Title 31, the date upon which expires the time to appeal the last administrative or judicial order affirming or approving the revocation or revocation order without such appeal being filed. The planning agency may become a party to any judicial proceeding to review a decision by the department to revoke such a permit. 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, 1991.

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VETERANS SERVICE BOARD APPROVAL; APPOINTMENT OF ADMINISTRATOR OF GEORGIA WAR VETERANS NURSING HOME AND DIRECTOR OF GEORGIA STATE WAR VETERANS' HOME. Code Section 38-4-2 Amended. No. 262 (Senate Bill No. 48). AN ACT To amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Service Board; 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 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by striking in its entirety Code Section 38-4-2, relating to the powers of the Department of Veterans Service and the Veterans Service Board, and inserting in lieu thereof a new Code Section 38-4-2 to read as follows: 38-4-2. (a) The Department of Veterans Service and the Veterans Service Board are authorized: (1) To apply for and to accept gifts, grants, and other contributions from the federal government or from any other governmental unit; (2) To use the funds received from the federal government or from any other governmental unit for the purposes authorized and directed by the federal government or such other governmental unit in making the funds available;

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(3) To accept and use gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, moneys, services or other property from individuals, firms, corporations, organizations, and associations and from county and municipal corporations and their subdivisions, in addition to any funds appropriated by the state; and (4) To construct and operate hospitals, nursing homes, nursing care homes, and personal care homes for the use and care of war veterans discharged under other than dishonorable conditions and to pay the cost of construction of the hospitals, nursing homes, nursing care homes, and personal care homes. The term `cost of the construction' as used in this paragraph shall embrace the cost of construction; the cost of all lands, properties, rights, and easements acquired; the cost of all machinery and equipment; and 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 construction of any hospitals, nursing homes, nursing care homes, and personal care homes. The term shall also include administrative expense and such other expenses as may be necessary or incident to the construction of any hospitals, nursing homes, nursing care homes, and personal care homes; the placing of the same in operation; and the condemnation of property necessary for such construction and operation. (b) (1) The administrator of the Georgia War Veterans Nursing Home in Augusta, Georgia, shall be appointed by the president of the Medical College of Georgia or his appointed designee, subject to the approval of the Veterans Service Board. (2) The director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be appointed by the superintendent of Central State Hospital in Milledgeville,

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Georgia, subject to the approval of the Veterans Service Board. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. ACQUISITION OF PROPERTY FOR PUBLIC ROADS PROCEEDINGS; SPECIAL MASTER; EVIDENCE AND TESTIMONY. Code Section 32-3-15 Amended. No. 263 (Senate Bill No. 88). AN ACT To amend Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involving the acquisition of property for public road construction and other transportation purposes, so as to change the provisions relating to proceedings before a special master; to provide for evidence and testimony; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-3-15 of the Official Code of Georgia Annotated, relating to interlocutory hearings on the amount of compensation in cases involving the acquisition of property for public road construction and other transportation purposes, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) Upon the presentation of the interlocutory petition to the judge of the court in which the case is pending, the case

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shall be referred to a special master appointed under Article 2 of Chapter 2 of Title 22. The special master shall determine from: (1) The declaration of taking; (2) The sworn exhibit of the appraiser's statement justifying the sum of money estimated to be just compensation which is attached to the declaration of taking; but such exhibit shall be considered only if the appraiser appears at the hearing before the special master, is sworn, presents testimony on such valuation, and is available for cross-examination; (3) The verified interlocutory petition; (4) Personal inspection of the premises; and (5) Other evidence presented at the hearing required by Code Section 22-2-102, whether the condemnor should be required to deposit any additional amount as estimated compensation and shall, within ten days of the date of reference to him, make an interlocutory award based upon such determination. Section 2. This Act shall be applicable only to those proceedings in which the declaration of taking is filed with the court on or after July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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COVENANTS RUNNING WITH THE LAND CONTINUATION; INCREASE PROHIBITED. Code Section 44-5-60 Amended. No. 264 (Senate Bill No. 133). 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 change the provisions regarding the continuation of such covenants; to prohibit certain increases in the requirements of such covenants; to repeal conflicting laws; and for other purposes. 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 land, is amended by striking paragraphs (1) and (2) of subsection (d) thereof and inserting in their place new paragraphs (1), (2), and (4) to read as follows: (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 20 years, and there shall be no limit on the number of times such covenants 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

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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 20 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. (4) Notwithstanding any other provision of this Code section or of any covenants with respect to the land, no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. MEDICAL OR SURGICAL CONSENT PERSONS WHO MAY CONSENT TO MEDICAL OR SURGICAL TREATMENT. Code Section 31-9-2 Amended. No. 265 (Senate Bill No. 143). AN ACT To amend Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, so as to change which persons are authorized to consent to surgical or medical treatment; to provide standards for consent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 31-9-2 of the Official Code of Georgia Annotated, relating to persons authorized to consent to surgical or medical treatment, 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 addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician: (1) Any adult, for himself, whether by living will or otherwise; (1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31, the `Durable Power of Attorney for Health Care Act'; (2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child; (3) Any married person, whether an adult or a minor, for himself and for his spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any guardian, for his ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; (6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection the following persons in the following order of priority: (A) Any adult child for his parents;

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(B) Any parent for his adult child; (C) Any adult for his brother or sister; or (D) Any grandparent for his grandchild. (b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to surgical or medical treatment or procedures which the patient would have wanted had the patient understood the circumstances under which such treatment or procedures are provided. (c) For purposes of this Code section, `inability of any adult to consent for himself' shall mean a determination in the medical record by a licensed physician after the physician has personally examined the adult that the adult `lacks sufficient understanding or capacity to make significant responsible decisions' regarding his medical treatment or the ability to communicate by any means such decisions. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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BONDS LOCAL GOVERNMENTS; INVESTMENTS IN SECURITIES, INVESTMENT TRUSTS, OR COMMON TRUST FUNDS. Code Section 36-82-7 Amended. No. 266 (Senate Bill No. 175). AN ACT To amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments of bond proceeds of local governments and other public entities; to revise the name of a federal insurance corporation; to authorize the investment or reinvestment of bond proceeds in certain securities of or other interests in certain investment companies, investment trusts, or common trust funds; to provide for restrictions; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, is amended by striking Code Section 36-82-7, relating to authorized investments for bond proceeds, and inserting in its place a new Code Section 36-82-7 to read as follows: 36-82-7. The proceeds of any bonds issued by any county, municipal corporation, school district, or other political subdivision of this state or any portion thereof or any authority or other public body corporate and politic created under the Constitution or laws of this state may, from time to time, be placed for investment and reinvestment in the local government investment pool created in Chapter 83 of Title 36 by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body or be invested and reinvested by the governing authorities of the county, municipal corporation, school district, political subdivision, authority, or body in the following securities, and no others:

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(1) Bonds or obligations of such county, municipal corporation, school district, political subdivision, authority, or body or bonds or obligations of this state or of other counties, municipal corporations, and political subdivisions of this state; (2) Bonds or other obligations of the United States or of subsidiary corporations of the United States government which are fully guaranteed by such government; (3) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Central Bank for Cooperatives; (4) Bonds or other obligations issued by any public housing agency or municipal corporation in the United States, which such 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 municipal corporation in the United States which are fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (5) Certificates of deposit of national or state banks located within this state which have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan or savings and loan associations located within this state which have deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union 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. The portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation, or the Georgia Credit Union Deposit Insurance

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Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank or federal savings and loan association or state building and loan or savings and loan association located within this state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of this state or of any county or municipal corporation in this state, obligations of the United States or subsidiary corporations included in paragraph (2) of this Code section, obligations of the agencies of the United States government included in paragraph (3) of this Code section, or bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in paragraph (4) of this Code section; and (6) Securities of or other interests in any no-load, open-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, or any common trust fund maintained by any bank or trust company which holds such proceeds as trustees or by an affiliate thereof so long as: (A) The portfolio of such investment company or investment trust or common trust fund is limited to the obligations referenced in paragraph (2) of this Code section and repurchase agreements fully collateralized by any such obligations; (B) Such investment company or investment trust or common trust fund takes delivery of such collateral either directly or through an authorized custodian; (C) Such investment company or investment trust or common trust fund is managed so as to maintain its shares at a constant net asset value; and (D) Securities of or other interests in such investment company or investment trust or common trust fund are purchased and redeemed only through the use of national or state banks having corporate trust powers and located within this state.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. DEPARTMENT OF HUMAN RESOURCES VIOLATIONS BY AGENCIES UNDER REGULATION OF THE DEPARTMENT; INVESTIGATIONS AND EXAMINATIONS. Code Section 31-2-6 Enacted. No. 267 (Senate Bill No. 235). 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 provide for the actions by the department with respect to certain violations by any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 and Chapter 5 of Title 49; to provide for exceptions; to provide for license denials and restrictions by the department; to authorize the department to dispose of any contested case by settlement; to authorize the department to make public or private investigations and examinations and to require the production of documents; to authorize the department to assess expenses under certain circumstances; to provide for the department's immunity from liability; to provide for burden of proof; to provide for the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide that this Act shall be supplemental to other provisions of law; to authorize the department to promulgate rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding following Code Section 31-2-5 a new Code Section 31-2-6 to read as follows: 31-2-6. (a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of this title and Chapter 5 of Title 49. For purposes of this Code section, the term `license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has: (1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution,

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or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowig a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(a), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibrate

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acts, and the hazard or potential hazard created to the health or safety of the public. (d) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which: (1) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (2) Such facility has been served formal notice of intent to take such a sanction which the Department of Medical Assistance based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section.

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(g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception.

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(l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. JUVENILE COURTS RESTRAINTS ON FREEDOM OF ACCUSED JUVENILES PRIOR TO ADJUDICATION. Code Section 15-11-18.1 Amended. No. 268 (Senate Bill No. 283). AN ACT To amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, is amended by striking Code Section 15-11-18.1, relating to permitted control or detention of an accused juvenile, in its entirety and inserting in its place a new Code Section 15-11-18.1 to read as follows: 15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication shall be imposed only when there is probable cause to believe that the accused juvenile did the act of which he is accused and there is clear and convincing evidence that the juvenile's freedom should be restrained. (b) The imposition of interim control or detention on an accused juvenile may be considered for the purposes of: (1) Protecting the jurisdiction and process of the court; (2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or (3) Protecting the accused juvenile from imminent bodily harm upon his or her request. (c) Interim control or detention shall not be imposed on an accused juvenile: (1) To punish, treat, or rehabilitate the juvenile; (2) To allow parents to avoid their legal responsibilities; (3) To satisfy demands by a victim, the police, or the community; (4) To permit more convenient administrative access to the juvenile; or

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(5) To facilitate further interrogation or investigation. (d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile shall be favored over more intrusive alternatives. (e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority shall reflect the following values: (1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family; (2) Protection of the psychological and physical health of the juvenile; (3) Tolerance of the diverse values and preferences among different groups and individuals; (4) Assurance of equality of treatment by race, class, ethnicity, and sex; (5) Avoidance of regimentation and depersonalization of the juvenile; (6) Avoidance of stigmatization of the juvenile; and (7) Assurance that the juvenile has been informed of his right to consult with an attorney and that if he cannot afford an attorney, one will be provided. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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CLINICAL LABORATORIES INCLUSION OF TISSUE BANKS WITHIN DEFINITION. Code Section 31-22-1 Amended. No. 269 (House Bill No. 2). AN ACT To amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tissue banks under the definition of clinical laboratories; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, is amended by striking paragraph (2) thereof and inserting in its place a new paragraph to read as follows: (2) `Clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the diagnosis of, recommendation of treatment of, or for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of human beings; the term `clinical laboratory' shall include specimen collection stations and shall include blood banks which provide through their ownership or operation a system for the collection, processing, or storage of human blood and its component parts as well as tissue banks which procure, store, or process human or animal tissues designed to be used for medical purposes in human beings. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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GEORGIA BOARD OF DENTISTRY CONTINUING EDUCATION PROGRAMS FOR DENTISTS AND DENTAL HYGIENISTS. Code Sections 43-11-46.1 and 43-11-73.1 Enacted. No. 270 (House Bill No. 3). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to authorize the Georgia Board of Dentistry to require continuing education programs for persons licensed as dentists or dental hygienists; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses and the exclusion of certain certification time; to provide for waivers; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by adding after Code Section 43-11-46 a new Code section to read as follows: 43-11-46.1. (a) The board shall be authorized to require persons seeking renewal of a dental license 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 and to designate the number of hours required and the category in which those hours should be earned. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.

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(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, certifications, and renewal cycle which begins after the 1990-1991 renewal. Section 2. Said chapter is further amended by adding after Code Section 43-11-73 a new Code section to read as follows: 43-11-73.1. (a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of 20 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning and professional organizations. At least 15 hours of continuing education in each renewal cycle shall be scientifically based. Time required to obtain certification in cardiopulmonary resuscitation pursuant to subsection (b) of Code Section 43-11-73 shall not be includable as continuing education required by this subsection. (b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness 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 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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DENTAL HYGIENISTS TEMPORARY LICENSES. Code Section 43-11-70.1 Enacted. No. 271 (House Bill No. 4). AN ACT To amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, is amended by adding immediately following Code Section 43-11-70 a new Code section to read as follows: 43-11-70.1. A person who furnishes the board satisfactory proof of being currently licensed to practice as a dental hygienist in another state and who has applied for, paid the fee for, and been authorized by the board to take the examination required by Code Section 43-11-70 shall be issued a temporary license to practice as a dental hygienist in this state. The temporary license shall be valid from the date of issuance until the results of the first examination scheduled for the applicant are released. If the applicant fails the examination or fails to appear at the examination, the temporary license shall automatically become invalid. No such temporary license shall be issued more than one time. If the applicant passes the examination, the temporary license shall remain valid until a license is

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issued. A temporary license shall be posted and displayed in the place in which the dental hygienist is employed. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. PUBLIC RETIREMENT SYSTEMS STANDARDS LAW CERTIFICATION OF RETIREMENT BILLS BY STATE AUDITOR; CONVERSION OF FISCAL BILLS TO NONFISCAL BILLS BY COMMITTEE. Code Sections 47-20-32, 47-20-33, 47-20-34 Amended. No. 272 (House Bill No. 33). AN ACT To amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General Assembly under the Public Retirement Systems Standards Law, so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact; to provide that the committee to which a retirement bill is originally assigned may convert the bill to a nonfiscal bill; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General Assembly under the Public Retirement Systems Standards Law, is amended by striking Code

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Section 47-20-32, relating to the introduction of nonfiscal retirement bills, in its entirety and substituting in lieu thereof a new Code Section 47-20-32 to read as follows: 47-20-32. As a condition precedent to the introduction of any retirement bill, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a retirement bill having a fiscal impact or a nonfiscal retirement bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is introduced into the General Assembly, it shall have attached thereto the original of the certification of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate. If the bill is certified as a retirement bill having a fiscal impact, its introduction shall also be limited by the provisions of subsection (a) of Code Section 47-20-34. Section 2. Said article is further amended by striking subsection (a) of Code Section 47-20-33, relating to amendment of nonfiscal retirement bills, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) A nonfiscal retirement bill may be introduced at any time during the first 20 days of any regular session of the General Assembly. After its introduction into the General Assembly, a nonfiscal retirement bill may not be amended in any manner to cause the bill to become a retirement bill having a fiscal impact. Any amendment to such a bill shall be submitted to the state auditor by the chairman of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does

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not cause the bill to become a retirement bill having a fiscal impact, the bill, as amended, may continue in the legislative process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or the Senate, and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment. Section 3. Said article is further amended by striking subsection (b) of Code Section 47-20-34, relating to the introduction and consideration of retirement bills having a fiscal impact, in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) When a retirement bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the Senate or the House, as the case may be, to the respective Senate or House standing committee on retirement. If a majority of the total membership of the respective committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 47-20-36 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 47-20-36. Except as otherwise provided by subsection (c) of this Code section, no retirement bill having a fiscal impact may be reported out of the committee to which it is assigned or may be considered or adopted by the House or Senate unless an actuarial investigation of the bill is made. (c) The committee to which a retirement bill having a fiscal impact is assigned following its introduction may at any time amend the bill to become a nonfiscal retirement bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairman of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill to a nonfiscal retirement bill, the bill shall be a nonfiscal retirement bill for all purposes under this chapter as of the date of

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the state auditor's certification. Only the committee to which a retirement bill having a fiscal impact is originally assigned following its introduction may convert the bill to a nonfiscal retirement bill as authorized in this subsection. 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, 1991. PUBLIC RETIREMENT SYSTEMS STANDARDS LAW BILLS TO OFFSET TAXATION OF BENEFITS. Code Section 47-20-64 Enacted. No. 273 (House Bill No. 34). AN ACT To amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the Public Retirement Systems Standards Law, so as to provide that a certain amendment to the law authorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said Public Retirement Systems Standards Law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous

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provisions of the Public Retirement Systems Standards Law, is amended by adding at the end thereof a new Code Section 47-20-64 to read as follows: 47-20-64. A bill which is introduced and enacted at the 1991 regular session of the General Assembly amending Code Section 47-1-30, relating to the authority of boards of trustees to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, to provide that such authority shall apply to both present and future retirees and beneficiaries shall not be subject to the requirements of this chapter, provided that any increase in benefits granted pursuant to such authority shall not apply to that portion of a benefit exceeding a certain amount and is consistent with maintaining the actuarial soundness of the retirement system in conformity with the minimum funding requirements of Code Section 47-20-10. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA EMPLOYER CONTRIBUTION RATES; DEPARTMENTS OF PUBLIC SAFETY, NATURAL RESOURCES, AND REVENUE; INCREASE. Code Section 47-2-222 Amended. No. 274 (House Bill No. 43). AN ACT To amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accured liability employer contribution rates for certain state departments, so as to change the provisions relating to the amount of such contributions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for certain state departments, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-2-222 to read as follows: 47-2-222. Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued liability employer contribution rates of the Department of Public Safety, the Department of Natural Resources, and the Department of Revenue to an amount set by the board of trustees as actuarially sufficient to fund the employer's cost of the benefits provided in this chapter for groups of employees of such departments. In the event any group of employees of any of such departments is transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and

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accrued liability contributions on behalf of such employees at the rate set by the board of trustees. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. WORKERS' COMPENSATION CLAIMS; FILED UPON RECEIPT OR UPON MAILING BY CERTIFIED OR REGISTERED MAIL. Code Section 34-9-100 Amended. No. 275 (House Bill No. 117). AN ACT To amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compensation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compensation, is amended by inserting at the end thereof a new subsection (e) to read as follows: (e) Any claim, notice, or appeal required by this chapter to be filed with the board shall be deemed filed on the earlier of: (1) the date such claim or notice is actually received by the board; or (2) the official postmark date such claim or notice was

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mailed, properly addressed with postage prepaid, by registered or certified mail. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. SECURITY DEPOSITS LIABILITY FOR RENT OF MILITARY PERSONNEL. Code Section 44-7-37 Amended. No. 276 (House Bill No. 134). AN ACT To amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel receiving change of duty 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. Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, is amended by striking in its entirety Code Section 44-7-37, relating to liability for rent of military personnel receiving change of duty orders, and inserting in lieu thereof 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

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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 written notice and proof of the assignment is given to the landlord; and (2) The cost of repairing damage to the premises caused by an act or omission of the tenant. 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, 1991. LIVESTOCK BOVINE DISEASES AND SWINE MYCOBACTERIOSIS; INJUNCTIONS; BONDS. Code Sections 4-4-96.1 and 4-4-151 Enacted. No. 277 (House Bill No. 174). AN ACT To amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith; to provide that no bonds shall be required for the issuance of such injunctions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, is amended by adding following Code Section 4-4-96, a new Code Section 4-4-96.1 to read as follows: 4-4-96.1. In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner under this article. An injunction issued under this Code section shall not require a bond. Section 2. Said chapter is further amended by adding, following Code Section 4-4-150, a new Code Section 4-4-151 to read as follows: 4-4-151. In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner under this article. An injunction issued under this Code section shall not require a bond. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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WEIGHTS AND MEASURES COMMISSIONER OF AGRICULTURE; POWERS AND DUTIES; TESTING, INSPECTION, AND SAMPLING PROCEDURES. Code Section 10-2-5 Amended. No. 278 (House Bill No. 177). AN ACT To amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities; to change the provisions relating to testing, inspection, and sampling procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, is amended by striking paragraph (13), which reads as follows: (13) Weigh, measure, or inspect packaged commodities kept, offered, or exposed for sale in accordance with this chapter or rules or regulations promulgated pursuant thereto. In carrying out this Code section, the Commissioner shall employ recognized sampling procedures, such as are designated in the National Bureau of Standards Handbook 67, entitled `Checking Prepackaged Commodities';, and inserting in lieu thereof a new paragraph (13) to read as follows: (13) Employ, in carrying out this Code section, testing, inspection, and sampling procedures which are in accordance with this chapter, rules and regulations promulgated pursuant

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to this chapter, or procedures designated in Handbooks 130 and 133 of the National Institute of Standards and Technology;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. SUPERIOR COURTS CLERKS; INTERIM SERVICE BY CHIEF DEPUTY CLERK AS CLERK; LIMITATION. Code Section 15-6-56 Amended. No. 279 (House Bill No. 202). AN ACT To amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief deputy clerk shall serve as clerk of the superior court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a

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vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 60 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after January 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. COUNTY TAX COMMISSIONERS, TAX RECEIVERS, AND TAX COLLECTORS VACANCIES; SPECIAL ELECTIONS. Code Section 48-5-212 Amended. No. 280 (House Bill No. 209). AN ACT To amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, is amended by striking subsection (b) of Code Section 48-5-212, relating to the filling of vacancies in the office of tax receiver, tax collector, or tax commissioner, and inserting in its place a new subsection (b) to read as follows: (b) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this Code section and said chief deputy meets all qualifications for the office of tax commissioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax commissioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 following the next succeeding general election which occurs more than 60 days after the occurrence of the vacancy or the expiration of the remaining term of office, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner would have received. If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy and unless the incapacity or inability of such tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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REVENUE AND TAXATION INTERNAL REVENUE CODE; DEFINITION FOR STATE TAX PURPOSES. Code Section 48-1-2 Amended. No. 281 (House Bill No. 335). 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 1986 provided for in federal law enacted on or before January 1, 1991. 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, 1991, 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.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1991. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1991, 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 4, 1991. INCOME TAXES CORPORATIONS; TIME OF PAYMENT. Code Section 48-7-80 Amended. No. 282 (House Bill No. 338). AN ACT To amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of payment with respect to corporations; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, is amended by striking Code Section 48-7-80, relating to time for payment of income taxes, and inserting in its place a new Code Section 48-7-80 to read as follows:

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48-7-80. The total amount of tax imposed by this chapter on taxpayers other than corporations shall be paid to the commissioner on or before April 15 following the close of the calendar year. If the return of a taxpayer other than a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the fourth month following the close of the fiscal year. The total amount of tax imposed by this chapter on corporations shall be paid to the commissioner on or before March 15, following the close of the calendar year. If the return of a corporation is made on the basis of a fiscal year, the tax shall be paid to the commissioner on or before the fifteenth day of the third month following the close of the fiscal year. Section 2. This Act shall become effective on January 1, 1992, and shall be applicable to all taxable years beginning on or after January 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. GROUP SELF-INSURANCE FUND WORKERS' COMPENSATION; MUNICIPAL INDEPENDENT SCHOOL SYSTEMS. Code Section 34-9-152 Amended. No. 283 (House Bill No. 343). 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 for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance

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fund comprised of municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, is amended by striking subsection (b) of Code Section 34-9-152, relating to the application to the Commissioner of Insurance for a certificate of authority to create a group self-insurance fund, in its entirety and inserting in its place a new subsection (b) to read as follows: (b) (1) For purposes of this article, municipalities, counties, school boards, hospital authorities, trade associations, and professional associations shall each be deemed to constitute separate classes. Except as provided in paragraph (2) of this subsection, no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to this article. (2) A board of education of an independent school system of any municipality is authorized to be a member of a fund comprised of municipalities. 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, 1991.

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CERTIFIED PUBLIC ACCOUNTANT EDUCATIONAL REQUIREMENTS. Code Section 43-3-6 Amended. No. 284 (House Bill No. 351). AN ACT To amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of certified public accountant, so as to change the educational requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of certified public accountant, is amended by striking subparagraph (a)(3)(A) in its entirety and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) Except as provided in subsection (b) of this Code section or subsection (a) of Code Section 43-3-7, the education requirement shall be the presentation to the board of such evidence as it may require that the applicant has received a baccalaureate degree or completed the requirements therefor, conferred by a college or university accredited by a national or regional accrediting organization recognized by the board, with a concentration in accounting or what the board determines to be the substantial equivalent of the foregoing, or with a nonaccounting concentration supplemented by what the board determines to be the substantial equivalent of an accounting concentration, including related courses in other areas of business administration; provided, however, that after January 1, 1998, any person who has not previously sat for the uniform written examination for the certificate of certified public accountant must have completed a total of 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree awarded by a college or university accredited by either a national or regional accrediting organization recognized by the board. The total educational program shall include

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an undergraduate accounting concentration as defined by the board or what the board determines to be the substantial equivalent of an undergraduate accounting concentration; and. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. TALLAPOOSA JUDICIAL CIRCUIT TERMS OF COURT; BEGINNING OF TERMS. Code Section 15-6-3 Amended. No. 285 (House Bill No. 374). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit; to provide that if the Monday fixed for the term of court to begin is a legal holiday, the term shall begin on the Tuesday next following that Monday; 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 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the state, is amended by striking paragraph (38) of said Code section and inserting the following: (38) Tallapoosa Circuit: (A) Haralson County Third Monday in January and August.

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(B) Paulding County Third Monday in February and September. (C) Polk County Third Monday in March and July. Provided, however, that in the Tallapoosa Circuit, if the Monday set for the term of court to begin is a legal holiday, the term of court shall commence on the Tuesday next following that Monday. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. MOTOR VEHICLE LICENSE PLATES CITIZENS BAND RADIO OPERATORS; PROVISIONS REPEALED. Code Section 40-2-76 Repealed. No. 286 (House Bill No. 422). 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 remove the authorization for the issuance of special license plates for citizens band radio operators; 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 vehicles, is amended by striking Code Section 40-2-76, relating to special

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license plates for citizens band radio operators, which reads as follows: 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., in its entirety and inserting in lieu thereof the following: 40-2-76. Reserved. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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VETERINARY MEDICINE PRACTICE INCLUDES CERTAIN DENTAL PROCEDURES. Code Section 43-50-3 Amended. No. 287 (House Bill No. 446). AN ACT To amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, so as to include certain dental procedures in the practice of veterinary medicine; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions regarding veterinarians, is amended by striking paragraph (5) and inserting in its place a new paragraph (5) to read as follows: (5) To `practice veterinary medicine' means: (A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; (B) (i) To apply or use any instrument or device on any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animal's tooth, gum or related tissue. (ii) To engage in preventive dental procedures on animals including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces.

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(iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes or similar items to clean an animal's teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A), (B), and (C) of this paragraph; and (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subparagraphs (A), (B) and (C) of this paragraph, except where such person is a veterinarian. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. CIVIL PRACTICE CONTINUANCES; CERTAIN STAFF OF GENERAL ASSEMBLY; WITNESS; APPLICATION FOR CONTINUANCE. Code Sections 9-10-150 and 9-10-160 Amended. No. 288 (House Bill No. 461). AN ACT To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an additional ground for a continuance because of attendance of a party or an attorney at the General Assembly by reason of such person's service on the staff of certain officers of the General Assembly; to provide for continuances because of service to certain standing committees; to change the provisions relating to continuance for the absence of a witness and what the application

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is to show; to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits to accompany charges of professional malpractice, so as to provide for qualifications for expert witnesses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-150, relating to attendance of a party or an attorney on the General Assembly, and inserting in lieu thereof a new Code Section 9-10-150 to read as follows: 9-10-150. It shall be the duty of the judge of any trial court of this state to continue, on or without motion, any case in the court when any party thereto or his attorney shall, when the case is reached, be absent from the court by reason of his membership in the General Assembly or if lead counsel in such case shall be absent, by reason of his service on the staff of the Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore, Speaker Pro Tempore, or the chairman of the Judiciary Committee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party, in the absence of his attorney, or the attorney, in the absence of the party, shall, on the call of the case, announce ready for trial; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Section 2. Said article is further amended by striking Code Section 9-10-160, relating to continuance for the absence of a witness, and inserting in lieu thereof a new Code Section 9-10-160 to read as follows:

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9-10-160. All applications for continuances upon the ground of the absence of a witness shall show to the court: (1) That the witness is absent; (2) That he has been subpoenaed; (3) That he does not reside outside of the state; (4) That his testimony is material; (5) That the witness is not absent by the permission, directly or indirectly, of the applicant; (6) That the applicant expects he will be able to procure the testimony of the witness at the next term of the court; (7) That the application is not made for the purpose of delay but to enable the party to procure the testimony of the absent witness; and (8) The facts expected to be proved by the absent witness. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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OCCUPATIONAL THERAPISTS DEFINITIONS; LICENSING; PERMITS; PHYSICAL AGENT MODALITIES; FINE; RENEWALS. Code Section 43-28-8.1 Enacted. Code Title 43, Chapter 28 Amended. No. 289 (House Bill No. 474). AN ACT To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, so as to change definitions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements; to provide for limited permits and the use of certain letters; to provide for use of physical agent modalities and requirements and rules relating thereto; to provide for the imposition of a fine; to modify license renewal procedures; to modify exceptions for operation of the chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of occupational therapists, is amended by striking paragraph (5) of Code Section 43-28-3, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Occupational therapy' includes but is not limited to the following: (A) Evaluation and treatment of individuals whose abilities to cope with the tasks of living are threatened or impaired by developmental deficiencies, the aging process, learning disabilities, poverty and cultural differences, physical injury or disease, psychological and social disabilities, or anticipated dysfunction. The treatment utilizes task oriented activities to prevent or correct physical, cognitive, or emotional deficiencies or to minimize the disabling effect of these deficiencies in the life of the individual;

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(B) Such evaluation techniques as assessment of sensory motor abilities, assessment of the development of selfcare activities and capacity for independence, assessment of the physical capacity for prevocational and work tasks, assessment of play and leisure performance, and appraisal of living areas for the handicapped; and (C) Specific occupational therapy techniques, such as activity analysis, activities of daily living skills, the fabrication and application of splints and adaptive devices, sensory motor activities, the use of specifically designed manual and creative activities, guidance in the selection and use of adaptive equipment, specific exercises and physical agent modalities to enhance physical functional performance, work capacities, and treatment techniques for physical capabilities and cognitive retraining. Such techniques are applied in the treatment of individual patients or clients, in groups, or through social systems. Section 2. Said chapter is further amended by striking paragraphs (7) and (8) of Code Section 43-28-3, relating to definitions, and inserting in lieu thereof new paragraphs to read as follows: (7) `Occupational therapy assistant' means a person licensed to assist the occupational therapist in the practice of occupational therapy under the supervision of or with the consultation of the licensed occupational therapist and whose license is in good standing. (8) `Person' means a natural person only, not a legal entity. (9) `Physical agent modalities' means treatment techniques which utilize heat, light, sound, cold, electricity, or mechanical devices and also means electrical therapeutic modalities which induce heat or electrical current beneath the skin, including but not limited to therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation, and also means hydrotherapy. Section 3. Said chapter is further amended by striking subsection (b) of Code Section 43-28-7, relating to the general

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powers and duties of the State Board of Occupational Therapy, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board shall have the responsibility of evaluating the qualifications and providing for the examination of applicants for licensure under this chapter and shall assist the joint-secretary in carrying out this chapter. The joint-secretary shall have the authority to contract with an outside agency for services providing for the supervision and administration of the examination as needed. Section 4. Said chapter is further amended by adding after Code Section 43-28-8 a new Code section to read as follows: 43-28-8.1. (a) No person shall utilize occupational therapy techniques involving physical agent modalities unless such person: (1) Is licensed according to this chapter; and (2) Has utilized such modalities before July 1, 1991, furnishes to the board prior to July 1, 1992, sufficient proof of such prior use, and demonstrates to the board competence in the use of such modalities determined by the board to have been so used prior to July 1, 1991; or (3) Has successfully completed a minimum of 90 hours of instruction or training approved by the board which covers the following subjects: (A) Principles of physics related to specific properties of light, water, temperature, sound, or electricity, as indicated by selected modality; (B) Physiological, neurophysiological, and electrophysiological, as indicated, changes which occur as a result of the application of the selected modality; (C) The response of normal and abnormal tissue to the application of the modality;

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(D) Indications and contraindications related to the selection and application of the modality; (E) Guidelines for treatment or administration of the modality within the philosophical framework of occupational therapy; (F) Guidelines for educating the patient including instructing the patient to the process and possible outcomes of treatment, including risks and benefits; (G) Safety rules and precautions related to the selected modality; (H) Methods for documenting the effectiveness of immediate and long-term effects of treatment; and (I) Characteristics of the equipment including safe operation, adjustment, and care of the equipment. (b) The board shall promulgate rules and regulations specifically pertaining to the use of physical agent modalities by a person licensed under this chapter. Section 5. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 43-28-9, relating to the qualifications of license applicants, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist, such a program shall be accredited by the American Occupational Therapy Association in collaboration with the American Medical Association. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content;

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Section 6. Said chapter is further amended by striking Code Section 43-28-10, relating to examinations generally, in its entirety and inserting in lieu thereof a new Code Section 43-28-10 to read as follows: 43-28-10. (a) A person applying for licensure shall demonstrate his eligibility in accordance with the requirements of Code Section 43-28-9 and shall make application for examination upon a form and in such a manner as the board shall prescribe. Such application shall be accompanied by the fee prescribed by the board. A person who fails an examination may make reapplication for reexamination accompanied by the prescribed fee. (b) Each applicant for licensure under this chapter shall be examined by the board in written examination to test his knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall establish the standards for acceptable performance by the applicant. (c) Examinations shall be given at least twice a year. (d) Applicants may obtain their examination scores and may review their papers in accordance with such rules and regulations as the board may establish. Section 7. Said chapter is further amended by striking Code Section 43-28-11, relating to the waiver of examination and reciprocity, in its entirety and inserting in lieu thereof a new Code Section 43-28-11 to read as follows: 43-28-11. The board may waive the examination and grant a license to any applicant who shall present proof of current licensure as an occupational therapist or an occupational therapy assistant in another state, the District of Columbia, or territory of the United States, which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this chapter.

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Section 8. Said chapter is further amended by striking Code Section 43-28-12, relating to the issuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-28-12 to read as follows: 43-28-12. (a) The board shall issue a license to any person who meets the requirements of this chapter upon payment of the license fee prescribed. (b) The board shall issue a limited permit to persons who have completed the education and experience requirements of this chapter. This permit shall allow the person to practice occupational therapy under the supervision of an occupational therapist who holds a current license in this state and shall be valid until the date on which the results of the next qualifying examination have been made public. This limited permit shall not be renewed if the applicant has failed the examination. (c) The board may issue a limited permit to persons who have successfully completed a certification examination approved by the board. This permit shall allow the person to practice occupational therapy for a period not to exceed 90 days under the supervision of an occupational therapist who holds a current license in this state. (d) Any person who is issued a license as an occupational therapist under the terms of this chapter may use the words `occupational therapist registered,' `licensed occupational therapist,' or `occupational therapist,' or he may use the letters `O.T.R.,' `L.O.T.,' `O.T.,' or `O.T.R./L.' in connection with his name or place of business to denote registration under this chapter. (e) Any person who is issued a license as an occupational therapy assistant under the terms of this chapter may use the words `occupational therapy assistant,' `licensed occupational therapy assistant,' or `certified occupational therapy assistant' or may use the letters `O.T.A.,' `L.O.T.A.,' `C.O.T.A.,' or `C.O.T.A./L.' in connection with his name or place of business. Section 9. Said chapter is further amended by striking Code Section 43-28-13, relating to the disciplining of licenses, in its

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entirety and inserting in lieu thereof a new Code Section 43-28-13 to read as follows: 43-28-13. (a) The board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew, suspend, or revoke the license of, or impose a fine or probationary conditions upon, any licensee who has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes: (1) Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts; (2) Being guilty of unprofessional conduct as defined by the rules and regulations established by the board; or (3) Being convicted of a crime other than minor offenses defined as `minor misdemeanors,' `violations,' or `offenses' in any court if the acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant. (b) Such denial, refusal to renew, suspension, revocation, or imposition of a fine or probationary conditions upon a licensee may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One year from the date of revocation of a license, application may be made to the board for reinstatement. The board shall have the discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement. Section 10. Said chapter is further amended by striking Code Section 43-28-14, relating to the renewal of licenses, in its entirety and inserting in lieu thereof a new Code Section 43-28-14 to read as follows: 43-28-14. (a) All licenses shall expire biennially. Each person licensed under this chapter is responsible for renewing his license before the expiration date. Application for renewal

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shall be completed in the manner prescribed in the rules and regulations of the joint-secretary and shall include the payment of a renewal fee. The board may set and require a specific number of continuing education hours for license renewal. (b) The board may provide for late renewal of a license upon payment of a late renewal fee, proof of continuing education as set by the board, and completion of an appropriate form. Any license which is not renewed during the specified renewal period will be revoked for failure to renew. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for reinstatement. (c) A suspended license is subject to expiration and may be renewed as provided in this Code section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable. Section 11. Said chapter is further amended by striking Code Section 43-28-15, relating to exceptions, in its entirety and inserting in lieu thereof a new Code Section 43-28-15 to read as follows: 43-28-15. Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of: (1) Any person licensed under any other law of the state, including but not limited to physicians, and persons working under the supervision of physicians, nurses, clinical psychologists, speech pathologists and audiologists, dentists, and physical therapists, from engaging in the profession or occupation for which he is licensed; (2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States if such a person provides occupational

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therapy solely under the direction or control of the organization by which he is employed; (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is approved by the American Occupational Therapy Association in collaboration with the American Medical Association and if such person is designated by a title which clearly indicates his status as a student or trainee; (4) Any person fulfilling the supervised field work experience requirements of Code Section 43-28-9 if such activities and services constitute a part of the experience necessary to meet the requirement of that Code section; (5) Any person enrolled in a course of study designed to develop advanced occupational therapy skills when the occupational therapy activities are required as part of an educational program sponsored by an educational institution approved by the board and conducted under the supervision of an occupational therapist licensed under this chapter. If such person provides occupational therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter; (6) Any occupational therapist or occupational therapy assistant licensed or certified by an agency recognized by the board providing consultation, as defined by rule, related to direct patient care if such services are performed for not more than 30 days in a calendar year; or (7) Any person employed as an occupational therapy aide and working under the direct supervision of an occupational therapist licensed in this state. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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INDIGENT CARE TRUST FUND CONTRIBUTIONS. Code Section 31-8-155 Amended. No. 290 (House Bill No. 482). AN ACT To amend Code Section 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made; 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 31-8-155 of the Official Code of Georgia Annotated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, is amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows: 31-8-155. (b) Contributions to the trust fund shall be made within such time periods as the department establishes by rule pursuant to subsection (a) of this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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PUBLIC SAFETY RADIO SERVICES JOINT USE; POPULATION REQUIREMENTS. Code Section 50-5-184 Amended. No. 291 (House Bill No. 611). AN ACT To amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the population requirements of said Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 50-5-184 to read as follows: 50-5-184. The Department of Administrative Services shall provide for the coordination and promotion of joint use of public safety radio services owned or used by state, county, and municipal governments, except those services owned or used by counties having a population of 500,000 or more or municipalities having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, and shall also provide for the management and conservation of the public safety radio channel resource and shall take such actions as may be necessary to manage and protect public safety radio services and to ensure delivery of efficient, effective, and economical public safety radio services to state, county, and municipal governments.

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Section 2. This Act shall become effective on July 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. HOUSING AUTHORITIES MUNICIPALITIES OF 350,000 OR MORE; COMMISSIONERS. Code Section 8-3-50 Amended. No. 292 (House Bill No. 614). AN ACT To amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the population requirements of said Code section applicable to municipalities having a certain population; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority commissioners, is amended by striking paragraph (3) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) In any city with a population of 350,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall

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appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in said city. These resident commissioners shall be appointed for a term of office of one year. The two resident commissioners shall be voting members and four commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in said city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city. Section 2. 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, 1991. GEORGIA RESIDENTIAL FINANCE AUTHORITY DEFINITIONS; POWERS; BONDING CAP. Code Section 8-3-172, 8-3-176, and 8-3-180 Amended. No. 293 (Senate Bill No. 35). 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 change the definition of eligible persons and families; to change and clarify certain powers of the

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authority; to increase the single-family bonding cap; 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 period at the end of subparagraph (C) of paragraph (7) of Code Section 8-3-172, relating to definitions, and adding in lieu thereof the symbol and word ;or and a new subparagraph (D) to read as follows: (D) Notwithstanding any other provision of this article, in connection with bonds issued to finance multifamily residential rental property, the income from which bonds are includable within the taxable income of the bondholder, a project will be deemed to serve eligible persons and families if at least 50 percent of the tenants are at or below 80 percent of the greater of either the area median income or the state median income, as such income is determined at the time of initial occupancy by the tenant. Section 2. Said part is further amended by striking paragraph (32) of subsection (a) of Code Section 8-3-176, relating to powers of the authority, and inserting in lieu thereof a new paragraph (32), to read as follows: (32) To allocate and issue low-income housing credits under Section 42 of the Internal Revenue Code of 1986 and to take all other actions and impose all other conditions which are required by federal law or which in the opinion of the authority are necessary or convenient to ensure the complete, effective, efficient, and lawful allocation of and utilization of the lowincome housing credit program. such conditions may include barring applicants from participation in the tax credit program due to abuses of the tax credit program and imposing more stringent conditions for receipt of the credit than are required by Section 42 of the Internal Revenue Code. The authority may enter into agreements with the owners of housing developments which are or will be eligible for low-income housing credits under Section 42 of the Internal Revenue Code. Any such agreement shall at a minimum contain covenants and

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restrictions as shall be required by the United States Internal Revenue Code and such other provisions as the authority shall deem necessary or appropriate. Any such agreement shall be enforceable in accordance with its terms in any court of competent jurisdiction in the state or by such other persons as shall be specified in the United States Internal Revenue Code. Any such agreement, when duly recorded in the deed and property records of the county in which the development is located, shall be deemed to be a restrictive covenant which shall run with the land and be binding on the successors and assigns for such period of time as may be required by Section 42 of the Internal Revenue Code or as may be required by the authority; provided, however, that such period of time shall not exceed 40 years. The authority may establish rounds for the competitive allocation of low-income credits and such applications shall not be available for public inspection until the time period for submission of applications for that competitive round has expired. Section 3. Said part is further amended by striking paragraph (2) of subsection (a) of Code Section 8-3-180, relating to issuance of revenue bonds and other obligations by the Georgia Residential Finance Authority, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate principal amount exceeding $985 million, excluding bonds and notes issued to refund outstanding bonds and notes. Any bonds and notes issued to finance or fund home equity conversion mortgages for the elderly shall fall within this single-family residential housing cap. 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, 1991.

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WILLS AND ADMINISTRATION OF ESTATES GUARDIANS AD LITEM; LOST WILLS; LETTERS OF ADMINISTRATION; PROBATE COURTS; CLERKS; COUNTIES OF 100,000 OR MORE. Code Sections 15-9-36, 53-3-6, 53-3-14, 53-6-24, and 53-6-29 Amended. No. 294 (Senate Bill No. 41). AN ACT To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, so as to make changes and clarifications regarding certain provisions relating to wills and administration of estates; to clarify when certain guardians ad litem are required to be appointed regarding the probate of wills in solemn form and clarify the effect and requirements of service upon guardians; to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to change certain rules for granting letters of administration when there is no will and when there is a will annexed and the publication and service requirements relating thereto; to provide for related matters; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the powers of clerks of probate courts in certain counties with respect to uncontested cases; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 0.5 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-9-36, relating to clerks of the probate courts and powers of such clerks, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) This subsection shall apply to each county of this state having a population of 100,000 or more persons according to the United States decennial census of 1980 or any future such census.

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Section 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, is amended by striking subsection (f) of Code Section 53-3-14, relating to serving notice of petition for probate in solemn form, and inserting in its place a new subsection to read as follows: (f) Minors, insane persons, deaf and mute persons, when incapable of managing their estates, habitual drunkards, and persons who are incompetent due to senility, old age, or other cause and incapable of managing their estates shall be served as provided elsewhere in this Code section. After such service, the probate court shall appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this state. The guardian ad litem shall be responsible to such person for his conduct in connection with the probate of the will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation, and order for citation shall be served upon the guardian or guardian ad litem. Section 2. Said Title is further amended by striking Code Section 53-3-6, relating to procedure when a will is destroyed without the consent of the testator, in its entirety and inserting in lieu thereof a new Code Section 53-3-6 to read as follows: 53-3-6. (a) If a will is: (1) Lost during the testator's lifetime; (2) Destroyed without the consent of the testator during the testator's lifetime; or (3) Lost or destroyed subsequent to the death of the testator, a copy of the will, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate and record in lieu of the original. (b) In every such case described in subsection (a) of this Code section, the presumption is that the will was revoked by the testator, and that presumption must be rebutted by clear and convincing proof.

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Section 3. Said title is further amended by striking Code Section 53-6-24, relating to granting letters of administration generally, and inserting in its place a new Code section to read as follows: 53-6-24. (a) In the granting of letters of administration of any kind, except the kind described in subsection (b) of this Code section, the following rules shall be observed, the applicant being required in all cases to be of sound mind and to be laboring under no disability: (1) The surviving spouse, irrespective of age, shall be first entitled, unless an action for divorce or separate maintenance was pending between the deceased and the surviving spouse at the time of the death; (2) The next of kin, at the time of the death, according to the law declaring relationship and distribution, shall be next entitled; (3) If there are several of the next of kin equally near in degree, the person selected in writing by a majority in interest of those interested as distributees of the estate, who are capable of expressing a choice, shall be appointed; (4) If no such preference is expressed, the judge of the probate court may exercise his discretion in selecting the one best qualified for the office; (5) Where no application is made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred; (6) The persons entitled to serve or select among themselves under the above rules may select a disinterested person as administrator and, if otherwise qualified, he shall be appointed; (7) The person entitled to administration may desire another person to be associated with him in the administration and in such a case, if otherwise qualified, such person may be appointed;

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(8) No person who is neither of kin to the intestate, nor a creditor, nor otherwise interested in the grant of administration, except as provided in this Code section, shall be appointed administrator; (9) As a general rule, to cover all cases not specially provided for, the person having the right to the estate shall be appointed administrator; and (10) Temporary letters of administration, pending the litigation over the probate of a will, should generally be granted to the nominated executor. (b) (1) In the granting of letters of administration with will annexed, a majority in interest of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed. (2) In the event a majority in interest of the beneficiaries who are capable of expressing a choice do not agree upon an administrator with will annexed pursuant to paragraph (1) of this subsection, a majority in number of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed. (3) In the event neither a majority in interest nor a majority in number of the beneficiaries agree upon an administrator with will annexed pursuant to paragraph (1) or (2) of this subsection, any person interested in the administration of the estate may petition to be named or have another named as administrator with will annexed and the court may exercise its discretion in selecting the person best qualified to be such administrator. (4) For purpose of this subsection a beneficiary who is capable of expressing a choice is one: (A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee;

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(B) Whose identity and whereabouts are known or may be determined by reasonable diligence; and (C) Whose choice is expressed by: (i) That beneficiary, if sui juris; (ii) That beneficiary's duly acting guardian of the property, if any, or if none, the guardian of the person, if any, or if none, the person having custody of the beneficiary if the beneficiary is not sui juris; (iii) The trustee of a trust created by the will; or (iv) The executor or administrator of the estate of a deceased beneficiary receiving a present interest under the will. Section 4. Said title is further amended by striking Code Section 53-6-29, relating to administration with the will annexed, and inserting in its place a new Code section to read as follows: 53-6-29. (a) Administration with the will annexed is granted when the decedent died testate but no executor is nominated, none appears to qualify and execute the will, or when an executor, after qualification, ceases to serve for any reason and no successor executor can be appointed. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases. (b) If an administrator with the will annexed is named by all of the beneficiaries under a will who are capable of expressing a choice, as defined by paragraph (4) of subsection (b) of Code Section 53-6-24, then no issuance or service of citation shall be required and letters may issue without further delay. If all of such beneficiaries do not agree upon the person selected to serve as administrator with will annexed in the application before the court, citation shall be published and those beneficiaries who do not agree shall be served by first-class mail with a copy of the application, order for citation, and citation if their whereabouts are known or may be determined by reasonable diligence.

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Section 5. Sections 1, 3, and 4 of this Act shall become effective July 1, 1991. The remaining provisions of this Act shall become effective upon approval of this Act 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 4, 1991. PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES ACT DIVISION OF REHABILITATION SERVICES; PERSONAL ASSISTANCE. Code Title 30, Chapter 6 Amended. No. 295 (Senate Bill No. 68). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to personal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilitation Services of the Department of Human Resources; to change standards and guidelines; 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 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Chapter 6 of said title, relating to a personal attendant care program for disabled adults, in its entirety and inserting a new Chapter 6 to read as follows:

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CHAPTER 6 30-6-1. This chapter shall be known and may be cited as the `Personal Assistance Program for Persons With Disabilities Act.' 30-6-2. The purpose of this chapter is to allow persons with severe disabilities to live as self-sufficiently as possible. 30-6-3. As used in this chapter, the term `personal assistance' means assistance which is required by a person with severe disabilities to achieve greater independence and which includes, but is not limited to, assistance with: (1) Routine bodily functions such as bowel or bladder care; (2) Dressing; (3) Household management, including, but not limited to, housecleaning and personal correspondence; (4) Preparation and consumption of food; (5) Moving in and out of bed; (6) Routine bathing; (7) Transportation, community errands, and activities; and (8) Any other similar activity of daily living. 30-6-4. The Division of Rehabilitation Services of the Department of Human Resources is authorized to establish a personal assistance program for persons with severe disabilities residing in the State of Georgia. 30-6-5. The Division of Rehabilitation Services, in conjunction with the Statewide Independent Living Council and other appointed users of personal assistance, shall develop standards necessary for the proper administration of the personal assistance program and shall establish guidelines for

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eligibility, services, training, and evaluation under the program. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. STATE BOARD OF HEARING AID DEALERS MEMBERSHIP; LICENSES; EXAMINATIONS; RECIPROCITY. Code Sections 43-20-4, 43-20-8, 43-20-9, 43-20-10, and 43-20-11 Amended. No. 296 (Senate Bill No. 222). AN ACT To amend Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, so as to change the composition of the State Board of Hearing Aid Dealers; to change the provisions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license; to change certain provisions relating to nonresident licenses and reciprocity; to change certain provisions relating to the apprentice dispenser's permit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 20 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Hearing Aid Dealers and Dispensers Act, is amended by striking in its entirety subsection (b) of Code Section 43-20-4, relating to the creation and composition of the State Board of Hearing Aid Dealers, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Members of the board shall be residents of the state. The board shall consist of ten members, three of whom shall possess the qualifications specified in this chapter for holders of dispensers' licenses and also hold a license from the State Board of Examiners for Speech-Language Pathology and Audiology; three of whom shall possess the qualifications specified in this chapter for holders of dispensers' licenses and shall have no less than three years' experience as a hearing aid dispenser and shall not be eligible for licensing by the State Board of Examiners for Speech-Language Pathology and Audiology; two of whom shall be diplomates or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; one of whom shall be an audiologist licensed by this state but not licensed under this chapter; and one of whom shall be appointed from the public at large. Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-20-8, relating to the issuance of dealers' and dispensers' licenses, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-20-9, relating to examination of applicants for a license, and inserting in lieu thereof a new subsection (a) to read as follows: (a) An applicant may obtain a license by successfully passing a qualifying examination administered by the board, provided that the applicant: (1) Is at least 18 years of age; and (2) Is of good moral character. Section 4. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-20-10, relating to

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nonresident licenses and reciprocity, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A nonresident dispenser's license may be issued to an applicant who holds a current unsuspended, unrevoked license to practice the dispensing of hearing aids in another state or jurisdiction upon payment of the fee provided for a dispenser's license under this chapter and upon presentation of satisfactory evidence to the board that such other state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter for the practice of dispensing hearing aids, provided that such state or jurisdiction has a program equivalent to or stricter than that required by this chapter for determining the qualifications of applicants for a dispenser's license and that such state or jurisdiction has a provision for reciprocity and has entered into a reciprocal agreement with the board. No such applicant for a reciprocal nonresident dispenser's license shall be required to submit to or undergo a qualifying examination. The holder of a nonresident dispenser's license shall be registered in the same manner as the holder of a regular resident dispenser's license. Fees, grounds, and procedures for renewal, suspension, and revocation of dispensers' licenses shall apply to all nonresident dispensers' licenses. Section 5. Said chapter is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 43-20-11, relating to the apprentice dispenser's permit, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Proof of age has been made. Apprentice dispensers' permits are limited to one year in duration and shall not be renewed; and Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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CONTINUANCES IN CIVIL ACTIONS PARTY OR COUNSEL ABSENT ON ACCOUNT OF MILITARY SERVICE. Code Section 9-10-153 Amended. No. 297 (Senate Bill No. 238). AN ACT To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-153, relating to continuances as a result of service in the National Guard, and inserting in lieu thereof a new Code Section 9-10-153 to read as follows: 9-10-153. It shall be the duty of any judge of a court of this state, on or without motion, to continue any case in the court when the case is reached and any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court or by reason of his attendance as a member of the National Guard upon any duty prescribed by the Governor or the adjutant general, unless the party, in the absence of his leading counsel, or the leading counsel, in the absence of the party, on the call of the case, announces ready for trial. If counsel is absent it shall be necessary for his client to make oath that he cannot safely go to trial without the absent counsel; and, if the party plaintiff or defendant is absent, his counsel

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shall state in his place that he cannot safely go to trial without the client. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. STATE BOARD OF WORKERS' COMPENSATION SENIOR ADMINISTRATIVE LAW JUDGE; CREATED. Code Section 34-9-48.1 Enacted. No. 298 (Senate Bill No. 323). AN ACT To amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensation, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, service, allowances, and expenses of senior administrative law judges; 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 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensation, is amended by adding, following Code Section 34-9-48, a new Code Section 34-9-48.1 to read as follows: 34-9-48.1. (a) There is created the office of senior administrative law judge of the board. Any director or administrative law judge who is retired on July 1, 1991, or who shall retire after such date shall be eligible for appointment as a senior

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administrative law judge if such person is not engaged in the practice of law. (b) A senior administrative law judge shall be appointed by the chairman of the State Board of Workers' Compensation and shall serve at the pleasure of the chairman. All persons appointed to the office of senior administrative law judge as provided in this Code section shall receive allowances not to exceed $150.00 per day plus actual and necessary expenses as provided for state employees while traveling on the business of the board, but the expenses shall be sworn to by such person incurring them and shall be approved by the chairman or his designee before payment is made. Said payment shall be made from the per diem and fee allocations in the budget of the State Board of Workers' Compensation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. COUNTY BOARDS OF EDUCATION TERM OF THE CHAIRMAN SET BY LOCAL BOARD POLICY. Code Section 20-2-57 Amended. No. 299 (Senate Bill No. 396). AN ACT To amend Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, so as to authorize a county board of education to adopt a local board policy establishing the term of the chairman; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-57 of the Official Code of Georgia Annotated, relating to the organization of county boards of education and the selection and term of the chairman, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Upon being called together by one of their number, the members of the county board shall organize by selecting one of their number as chairman, who, unless otherwise provided by local law or, in the absence of local law, by local board policy, shall serve as such during the term for which he was chosen as a member of the county board. The county school superintendent shall act as secretary of the county board, ex officio. A majority of the county board shall constitute a quorum for the transaction of business. It shall be the duty of the superintendent as secretary to be present at the meetings of the county board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceedings of the county board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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CHILD WELFARE AGENCIES APPROVAL AND INSPECTION OF FAMILY BOARDING HOMES, FOSTER FAMILY HOMES, AND FAMILY DAY-CARE HOMES. Code Sections 49-5-3 and 49-5-12 Amended. No. 300 (Senate Bill No. 123). 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 change definitions; to redefine child welfare agency; to change the provisions relating to approval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to authorize periodic, in lieu of annual, reports from child welfare agencies; 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 striking in its entirety paragraph (7) of Code Section 49-5-3, relating to definitions, and inserting in its place a new paragraph to read as follows: (7) Reserved. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 49-5-12, relating to licensing child welfare agencies, and inserting in its place a new subsection to read as follows: (a) `Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family day-care home, group day-care home, or day-care center. Section 3. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 49-5-12, relating to

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licensing child welfare agencies, and inserting in its place a new paragraph to read as follows: (2) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing or commissioning of child welfare agencies. A license issued to a child-placing agency shall be deemed approval of all foster family homes approved, supervised, and used by the licensed child-placing agency as a part of its work, subject to this article and rules and regulations of the board. Section 4. Said chapter is further amended by striking subsections (k) and (n) of Code Section 49-5-12, relating to licensing child welfare agencies, and inserting in their respective places new subsections to read as follows: (k) It shall be the duty of the department to inspect at regular intervals all licensed or commissioned child welfare agencies within the state, including all foster family homes used by such child-placing agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee or commissionee. (n) The department may require periodic reports from child welfare agencies in such forms and at such times as the department may prescribe. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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AGENCY DEED OR INSTRUMENT UNDER SEAL BINDING ON PRINCIPAL. Code Section 10-6-2 Amended. No. 301 (Senate Bill No. 267). AN ACT To amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency relationship, is amended by striking Code Section 10-6-2 in its entirety and inserting in its place a new Code Section 10-6-2 to read as follows: 10-6-2. The act creating the agency shall be executed with the same formality (and need have no more) as the law prescribes for the execution of the act for which the agency shall be created. A corporation may create an agent in its usual mode of transacting business and without its corporate seal. Any deed or other instrument executed under seal pursuant to an agency created by an act not under seal, if not otherwise required to be under seal for its validity, shall be binding upon the principal and valid as if an unsealed instrument. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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SUPREME COURT AND COURT OF APPEALS BILL OF COSTS; APPEALS. Code Section 5-6-4 Amended. No. 302 (House Bill No. 69). AN ACT To amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs for application to the Supreme Court for writs of certiorari, for applications for appeals to the Supreme Court and the Court of Appeals, and for appeals to the Supreme Court or the Court of Appeals; to provide for payment of costs; to provide an exception; 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 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, is amended by striking Code Section 5-6-4, relating to bills of costs of the Supreme Court and the Court of Appeals, which reads as follows: 5-6-4. The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30.00. In every case carried to the courts and withdrawn or dismissed on or before the case is called for argument, the bill of costs shall be $20.00. Upon filing his original brief, counsel for appellant shall: (1) pay all costs due in the case; (2) file with his brief a statement that an affidavit of indigence has been duly filed; or (3) file with this brief his own affidavit that he was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is contained in the record or filed with the brief., in its entirety and inserting in lieu thereof the following:

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5-6-4. The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. APPEALS ACTIONS FOR DAMAGES IN WHICH JUDGEMENT IS $10,000.00 OR LESS. Code Section 5-6-35 Amended. No. 303 (House Bill No. 70). AN ACT To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgment is less than a certain dollar amount; to provide that appeals in actions for damages in

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which the judgment is $10,000.00 or less shall be taken as provided in such Code section; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Appeals in all actions for damages in which the judgment is $10,000.00 or less; Section 2. This Act shall apply to all appeals filed or presented for filing on or after July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. DEED TO SECURE DEBT SATISFACTION OR CANCELLATION FURNISHED TO GRANTOR; RETURN OF DOCUMENT; TIME LIMIT; DAMAGES. Code Section 44-14-3 Amended. No. 304 (House Bill No. 97). AN ACT To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to provide that a satisfaction

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or cancellation of a deed to secure debt or other security interest shall be furnished to a grantor or to the clerk of the superior court; to change the time limit in which to supply the grantor or the clerk of the superior court with a cancellation of a deed to secure debt or other security interest; to change the amount of damages for which the grantee is liable for the failure to supply a cancellation within the statutory time limit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the grantor at the grantor's last known address as shown on the records of the grantee or to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be `paid in full' only when the entire indebtedness including accured finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee on behalf of a grantor, the grantee may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document.

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(3) A grantee shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows: (c) Upon the failure of the grantee to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee shall be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee shall not be liable to the grantor if he demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee shall not be liable to the grantor unless and until a written demand for the transmittal is made. Section 3. This Act shall become effective on July 1, 1991, and shall be applicable to any written demand for the transmittal of a cancellation or satisfaction made pursuant to the provisions of Code Section 44-14-3 of the Official Code of Georgia Annotated occurring on or after July 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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DRIVING UNDER THE INFLUENCE PERIOD OF DETENTION. Code Section 17-6-1 Amended. No. 305 (House Bill No. 129). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (2) Except as otherwise provided in this chapter, a person charged with violating Code Section 40-6-391 whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (4) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to 6 hours after

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booking and prior to being released on bail or on recognizance. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. MOTOR VEHICLE STEREOS PROHIBIT CERTAIN VOLUME; PENALTY. Code Section 40-6-14 Enacted. No. 306 (House Bill No. 149). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more; to provide for exceptions; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by adding a new Code Section 40-6-14 to read as follows: 40-6-14. (a) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical sound-making device or instrument from within the motor vehicle so that the sound is:

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(1) Plainly audible at a distance of 100 feet or more from the motor vehicle. (b) The provisions of this Code section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures. (c) The provisions of this Code section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use sound-making devices. The provisions of this subsection 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 regulating the time and manner in which such business may be operated. (d) The provisions of this Code section do not apply to the noise made by a horn or other warning device required or permitted by Code Section 40-8-70. The Department of Public Safety shall promulgate rules defining `plainly audible' and establish standards regarding the measurement of sound by law enforcement personnel. (e) A violation of this Code section shall be a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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FARM TRACTOR WARRANTY ACT DEFINITIONS; MANUFACTURER'S DUTIES; ALTERNATIVE DISPUTE SETTLEMENT PROCEEDINGS. Code Title 10, Chapter 1, Article 29 Enacted. No. 307 (House Bill No. 175). 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 29 to be entitled the Farm Tractor Warranty Act; to provide a short title; to provide for definitions; to provide for notice to the consumer; to provide a form for the notice; to provide for the manufacturer's duty to repair; to provide for the manufacturer's duty to refund the purchase price or replace the farm tractor; to provide for extension of warranties; to provide for alternative dispute settlement proceedings; to provide procedures for alternative dispute settlement proceedings; to provide for affirmative defenses; to provide for limitation on actions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 29 to read as follows: ARTICLE 29 10-1-810. This article shall be known and may be cited as the `Farm Tractor Warranty Act.' 10-1-811. As used in this article, the term: (1) `Consumer' means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the

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case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm tractor dealer. (2) `Farm tractor' means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled excluding forestry equipment and equipment designed primarily for construction purposes. (3) `Manufacturer' means a person engaged in the business of manufacturing, assembling, or distributing farm tractors who, under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors. (4) `Manufacturer's express warranty' or `warranty' means the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. (5) `Nonconformity' means any condition of the farm tractor that makes it impossible to use for the purpose for which it was designed or manufactured. (6) `Reasonable allowance for prior use' means the number of field hours performed by the farm equipment, divided by eight field hours per day, multiplied by 50 percent of the daily reasonable rental rate, referenced by model, in the most current North American Equipment Dealers Association Official Guide. 10-1-812. The manufacturer must supply to the dealer and the dealer must present directly to the consumer at the time of purchase a written notice stating, in ten-point all capital type, in substantially the following form: `This equipment is subject to Article 29 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, entitled the Farm Tractor Warranty Act. To be entitled to a

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refund or replacement, you must first notify the manufacturer or its agent and the authorized dealer which was a party to the sale of the problem in writing and give them an opportunity to repair the equipment. Manufacturer Agent Dealer Name Name Name Address Address Address Telephone number Telephone number Telephone number' 10-1-813. If the farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer within 18 months of the date of the original delivery of the farm tractor to the consumer the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the 18 month period. 10-1-814. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the time periods and after the number of attempts specified in subsection (c) of this Code section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable farm tractor, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county superior court clerk's office. If no replacement or refund is made, the consumer may bring a civil action against the manufacturer to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered

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the opportunities, as set forth in subsection (c) of this Code section, to cure the condition alleged within a reasonable time that is not to exceed 30 business days. (b) No dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or replacements, and manufacturers and consumers shall not have a cause of action against a dealer or distributor. (c) The replacement or refund obligation specified in subsection (a) of this Code section shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within 18 months of the original physical delivery of the farm tractor to the consumer and the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist or the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 30 or more business days when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted. 10-1-815. The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster. 10-1-816. (a) If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement do not apply to a consumer who has not first used this procedure. (b) The findings and decisions in an informal dispute settlement procedure shall address and state in writing whether the consumer would be entitled to a refund or replacement

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under the presumptions and criteria set out in Code Section 10-1-814, and are admissible as nonbinding evidence in any legal action and are not subject to further evidentiary foundation requirements. (c) If, in an informal dispute settlement procedure, it is decided that a consumer is entitled to a replacement farm tractor under Code Section 10-1-814, then the consumer has the option of selecting and receiving either the replacement farm tractor or a full refund as authorized by Code Section 10-1-814. Any refund selected by a consumer shall include all amounts authorized by Code Section 10-1-814. (d) (1) In any informal dispute settlement procedure provided for by this Code section: (A) No documents shall be received by any informal dispute settlement panel unless those documents have been provided to each of the parties in the dispute prior to the panel's meeting, with an opportunity for the parties to comment on the documents in writing, or with oral presentation at the request of the panel; (B) Nonvoting manufacturer or dealer representatives shall not attend or participate in the internal dispute settlement procedures unless the consumer is also present and given a chance to be heard, or unless the consumer previously consents to the manufacturer or dealer participation without the consumer's presence and participation; (C) Consumers shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the farm tractor by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing; (D) No disputes shall be heard where there has been a recent attempt by the manufacturer to repair a consumer's farm tractor, but no response has yet been

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received by the informal dispute panel from the consumer as to whether the repairs were successfully completed. This provision shall not prejudice a consumer's rights under this Code section nor shall it extend the informal dispute panel's 40 day time limit for deciding disputes, as established by the Code of Federal Regulations, Title 16, Part 703; and (E) The manufacturer shall provide and the informal dispute settlement panel shall consider all information relevant to resolving the dispute, such as the prior dispute records and information required by the Code of Federal Regulations, Title 16, Part 703.6, and any relevant technical service bulletins which may have been issued by the manufacturer or lessor regarding the farm tractor being disputed. (2) A settlement reached under this Code section is binding on all participating parties. (e) No consumer shall be required to participate in an informal dispute settlement procedure before filing an action in court if the informal dispute settlement procedure does not comply with the requirements of this Code section, notwithstanding the procedure's compliance with the Code of Federal Regulations, Title 16, Part 703. (f) Any consumer injured by a violation of this Code section may bring a civil action to enforce this Code section and recover costs and disbursements, including reasonable attorney's fees. 10-1-817. It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm tractor not authorized by the manufacturer.

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10-1-818. Any action brought under this article shall be commenced within 12 months following the 18 month period. 10-1-819. Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. GEORGIANET AUTHORITY COMPOSITION; EXECUTIVE DIRECTOR; SALARY; MERIT SYSTEM; RETIREMENT; FUNDS; DATA. Code Sections 50-25-2, 50-25-4, and 50-25-6 Amended. No. 308 (House Bill No. 210). AN ACT To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to change the composition of the authority; to provide that an executive director of the authority may be appointed; to provide for the compensation of the executive director; to provide for continuing benefits and membership in the State Merit System of Personnel Administration for employees of the authority; to require the authority to transfer to the general fund of the state treasury any excess funds of the authority; to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by striking in its entirety subsection (a) of Code Section 50-25-2, relating to the membership of the GeorgiaNet Authority, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The authority shall consist of five members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and three members appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. Section 2. Said Code section is further amended by striking in its entirety subsection (d), which reads as follows: (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., and inserting in lieu thereof a new subsection (d) to read as follows: (d) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Such salary shall not exceed the salary of the commissioner of administrative services. Unless the board appoints an executive director, the commissioner of administrative services shall serve as the executive officer and director and administrative head of the authority. If the commissioner of administrative services serves as 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 or her

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powers and duties to such assistant commissioner as he or she 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. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the merit system by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter. Section 3. Said chapter is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the GeorgiaNet Authority, and inserting in lieu thereof a new Code Section 50-25-4 to read as follows: 50-25-4. (a) 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

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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; (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 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; (9) To do all things necessary or convenient to carry out the powers conferred by this chapter. (b) The authority shall 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. Section 4. Said chapter is further amended by striking in its entirety Code Section 50-25-6, relating to sales of files of public information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows: 50-25-6. (a) 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,

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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 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. (b) The authority shall be authorized to receive data in electronic format from members of the public for the purpose of transmitting such data electronically to various departments, agencies, and institutions of the state. (c) All of the statutory restrictions on the confidentiality or use of any departmental data and all of the penalties for any violation thereof shall apply to the authority and its employees. 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 4, 1991.

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SUPREME COURT MOTION FOR A REHEARING CHANGED TO MOTION FOR RECONSIDERATION. Code Section 15-2-4 Amended. No. 309 (House Bill No. 220). AN ACT To amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration; 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 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following: (c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 20 and the April term shall end on July 31. No judgment, other than a judgment on a motion for reconsideration, shall be rendered during the last 15 days of any term. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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DECEASED INDIGENT PERSONS INTERMENT; COUNTY FUNDING. Code Section 36-12-5 Amended. No. 310 (House Bill No. 476). AN ACT To amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the governing authority of each county without limitation linked to the population of the county; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigent persons, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection to read as follows: (a) Whenever any person dies in this state and the decedent, his family, and his immediate kindred are indigent and unable to provide for his decent interment, the governing authority of the county wherein the death occurs shall make available from county funds a sum sufficient to provide a decent interment of the deceased indigent person or to reimburse such person as may have expended the cost thereof voluntarily, the exact amount thereof to be determined by the governing authority of the county. Section 2. Said Code section is further amended by striking in their entirety subsections (c) and (d), which read as follows: (c) Notwithstanding any other provision of law, the governing authority or the fiscal agent of any and all counties of this state having a population of not less than 150,300 nor more than 165,000 according to the United States decennial census of 1970 or any future such census is authorized to pay to the

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person, corporation, or legal entity designated by the governing authority to handle the dead body of any pauper or indigent, a sum not to exceed $350.00 per body handled upon approval of an itemized bill or statement furnished to the governing authority showing that such services have been rendered. The body shall be interred at a location directed by the governing authority. Such services shall be rendered in accordance with appropriate standards for the handling of such matters. The funds paid shall be paid from the general funds of the county. (d) In all counties of this state having a population of not less than 19,500 nor more than 19,800 according to the United States decennial census of 1970 or any future such census, the sum to be made available by the county for a pauper's burial shall be not less than $75.00 and not more than $375.00. The exact amount shall be determined by the governing authority of such counties, and such amount shall be reduced in an amount equal to any funds paid from other sources for the interment of the pauper. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991. STATE WATER WELL STANDARDS ADVISORY COUNCIL TERMINATION DATE. Code Section 12-5-138 Amended. No. 311 (House Bill No. 616). AN ACT To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to continue the State Water Well Standards Advisory

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Council; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by striking in its entirety Code Section 12-5-138, relating to the termination of the State Water Well Standards Advisory Council, and inserting in lieu thereof a new Code Section 12-5-138 to read as follows: 12-5-138. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Water Well Standards Advisory Council shall be terminated on January 1, 1997, and this part and any other laws relating to such council shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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HOUSE, AUTO, AND BOAT TRAILERS ANNUAL LICENSE FEES. Code Section 48-10-2 Amended. No. 312 (House Bill No. 653). AN ACT To amend Code Section 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trailers, and boat trailers; 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 48-10-2 of the Official Code of Georgia Annotated, relating to annual license fees for the operation of vehicles, is amended by striking paragraph (7) in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (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..... 8.00 Section 2. This Act shall become effective January 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1991.

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CHILDREN AND YOUTH COORDINATING COUNCIL CREATION AS SUCCESSOR TO THE JUVENILE JUSTICE COORDINATING COUNCIL AND THE COMMISSION ON CHILDREN AND YOUTH. Code Section 35-6A-3 Amended. Code Title 49, Chapter 5 Amended. No. 313 (Senate Bill No. 370). AN ACT To amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Children and Youth Coordinating Council as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth; to provide for legislative intent and change the provisions relating thereto; to change certain definitions; to provide for the membership, chairman, qualifications, appointment, terms, powers, and duties of the Children and Youth Coordinating Council; to provide for vacancies; to provide for expense allowances and expenses of members; to provide for officers and bylaws; to provide for an executive director and personnel of the council and their powers, duties, and authority; to provide for the powers and duties of the council; to provide for the assignment of the commission for administrative purposes; to provide for the legislative policy and intent; to change the provisions relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49; to change the provisions relating to the purchase of care or services from public or private agencies; to change the provisions relating to annual reports; to change the provisions relating to the study of youth needs; to change the provisions relating to recipient entities for federal grants; to change the provisions relating to pilot projects, strategic planning, and comprehensive reform; to change the references to the Juvenile Justice Coordinating Council and the Commission on Children and Youth; to repeal Article 7 of Chapter 5 of Title 49, relating to the Commission on Children and Youth; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairman of the Children and Youth Coordinating Council, and the director of the Division of Youth Services of the Department of Human Resources or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office;. Section 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking Code Section 49-5-130, relating to legislative intent, which reads as follows: 49-5-130. The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be committed to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and the community.,

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and inserting in lieu thereof a new Code Section 49-5-130 to read as follows: 49-5-130. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between providers of children and youth services and juvenile justice systems at all levels of state government. The General Assembly further declares its intent to reduce the number of children committed by the courts to institutions operated by the Department of Human Resources or other state agencies; and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this article to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community. Section 3. Said chapter is further amended by striking Code Section 49-5-131, relating to definitions, and inserting in lieu thereof a new Code Section 49-5-131 to read as follows: 49-5-131. As used in this article, the term: (1) `Council' means the Children and Youth Coordinating Council created pursuant to Code Section 49-5-132. (2) `Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a `designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37. (3) `Director' means the executive director of the Children and Youth Coordinating Council. Section 4. Said chapter is further amended by striking Code Section 49-5-132, relating to the Juvenile Justice Coordinating

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Council, and inserting in lieu thereof a new Code Section 49-5-132 to read as follows: 49-5-132. (a) There is created the Children and Youth Coordinating Council which shall consist of 23 members who have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, primary education, or the administration of juvenile justice. The council shall have members who represent business groups or businesses who employ youth. At least one-fifth of the members shall be under the age of 24 at the time of their appointment and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A majority of the members, including the chairman, shall not be full-time employees of federal, state, or local governments. At least one member of the council shall reside in each congressional district in this state. Twenty-one members including the chairman shall be appointed by the Governor, one member shall be appointed by the President of the Senate, and one member shall be appointed by the Speaker of the House of Representatives. The terms of all members of the Juvenile Justice Coordinating Council in office prior to July 1, 1991, shall expire on such date. Successors to such members shall be appointed as members of the Children and Youth Coordinating Council for terms of office beginning on July 1, 1991. Ten members appointed by the Governor shall have initial terms of two years and 11 of such members shall have initial terms of four years. The members appointed by the President of the Senate and the Speaker of the House of Representatives shall have initial terms of four years. Thereafter, the terms of all members shall be for four years and until their successors are appointed and qualified. (b) All appointments to the council shall become effective on July 1. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term.

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(c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council. (d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee 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 council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. (e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate. Section 5. Said chapter is further amended by striking Code Section 49-5-133, relating to the executive director of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-133 to read as follows: 49-5-133. (a) There shall be an executive director of the Children and Youth Coordinating Council who shall be appointed by and serve at the pleasure of the Governor. (b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities. (c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article. Section 6. Said chapter is further amended by striking Code Section 49-5-134, relating to powers and duties of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-134 to read as follows: 49-5-134. (a) The council is vested with the following authority:

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(1) To carry out the prevention and community based service programs provided for in Part 2 of this article; (2) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (3) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system; (4) To serve as a state-wide clearing-house for child related information and research; (5) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, juvenile justice systems; (6) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; (7) To coordinate high visibility child related research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (8) To provide for the interaction, communication, and coordination of all components of the children's service systems of the state and to provide assistance in establishing state-wide goals and standards in the system; (9) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of the social services, education, and educational services;

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(10) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (11) To administer federal assistance funds for the purposes mentioned in this subsection, including but not limited to funds under the Juvenile Justice and Delinquency Prevention Act; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it. (b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. Section 7. Said chapter is further amended by striking Code Section 49-5-135, relating to assignment of the council for administrative purposes, and inserting in lieu thereof a new Code Section 49-5-135 to read as follows: 49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordinating Council.

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(b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article. Section 8. Said chapter is further amended by striking Code Section 49-5-150, relating to legislative policy and intent, and inserting in lieu thereof a new Code Section 49-5-150 to read as follows: 49-5-150. The policy and intent of the General Assembly in delinquency and other child related problems and community based services can be summarized as follows: (1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leadership in appropriate planning; (2) When a child is adjudicated to be within the jurisdiction of the juvenile court or other state agencies, such child should be carefully evaluated through the available community-level resources including a comprehensive

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team of mental health providers, social services providers, public health and other available medical providers, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs; (3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child; (4) The General Assembly finds that state and local government should be responsive to the need for community based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community based programs, both residential and nonresidential; (5) It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part. Section 9. Said chapter is further amended by striking Code Section 49-5-151, relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49, and inserting in lieu thereof a new Code Section 49-5-151 to read as follows: 49-5-151. It shall be the duty of the council to arrange for the implementation of this part as follows: (1) To assist local governments and private service agencies in the development of community based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding; (2) To approve yearly program evaluations and to make recommendations to the General Assembly concerning

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continuation funding that might be supported by that evaluation; (3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be developed for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating standards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council; (4) To develop a formula for funding on a matching basis community based services as provided for in this part. This formula may be based upon a county's or counties' relative ability to fund community based programs for children and youth. Local governments receiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council; (5) To provide yearly program evaluation of the effectiveness of delinquency and other prevention programs and community based services developed or supported under provisions of this part; (6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency and other prevention programs and community based services for youth, including but not limited to the following: (A) Study local youth needs; (B) Gather data on children within the jurisdiction of the state systems; (C) Evaluate resources for providing services or care to these children;

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(D) Provide information about various program models which might be appropriate in relation to the needs of children and youth; (E) Help in planning for evaluation; and (F) Provide such other assistance as may be appropriate; (7) To encourage the development of delinquency and other prevention programs and community based services by private groups so that: (A) Such programs can be responsive to local needs; (B) Local leadership and private groups can be responsible for their programs; (C) Programs which meet state standards can be assisted by state and federal funding; and (D) Available private funds can be appropriately utilized along with available state and federal funds; (8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and (9) To provide for the development of delinquency and other prevention programs and community based services under public auspices where there is no local private leadership. Section 10. Said chapter is further amended by striking Code Section 49-5-152, relating to the purchase of care or services from public or private agencies, and inserting in lieu thereof a new Code Section 49-5-152 to read as follows: 49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency or other prevention

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programs or community based services, provided the program meets the state standards as authorized by Code Section 49-5-151. Section 11. Said chapter is further amended by striking Code Section 49-5-153, relating to annual reports, and inserting in lieu thereof a new Code Section 49-5-153 to read as follows: 49-5-153. The council shall prepare an annual report on the progress of the community based programs of this state which shall include the most current institutional and out-of-home placement populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children. Section 12. Said chapter is further amended by striking Code Section 49-5-154, relating to the study of youth needs, 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 establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Human Resources and placement in a youth development center, foster home, or any other institution. Such appraisal shall be made annually and in writing. The governing authority of the county may request technical assistance from the council in conducting such study. Section 13. Said chapter is further amended by striking subsection (b) of Code Section 49-5-155, relating to effect on the Division of Youth Services and the council as the recipient entity for federal grants, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Other than the divisions of the Department of Human Resources, the Children and Youth Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants. Section 14. Said chapter is further amended by striking subsection (b) of Code Section 49-5-203, relating to pilot projects, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Department of Human Resources, in cooperation with the Department of Education, Department of Labor, Department of Medical Assistance, and Children and Youth Coordinating Council, shall designate pilot projects made up of one or more counties to test 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. Section 15. Said chapter is further amended by striking subsections (b) and (c) of Code Section 49-5-205, relating to strategic planning and pilot projects, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (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, and the Children and Youth Coordinating Council 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 pilot projects 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 or coalition on children and youth officially recognized by the Children and Youth Coordinating

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Council shall require the pilot project to cooperate with the local commission or coalition on children and youth. Section 16. Said chapter is further amended by striking subsection (a) of Code Section 49-5-208, relating to pilot projects and comprehensive reform, and inserting in lieu thereof a new subsection (a) to read as follows: (a) To test the combined impact and effectiveness of the pilot projects designated in Code Sections 49-5-201 through 49-5-206, the Department of Human Resources in conjunction with the Children and Youth Coordinating Council shall designate one or more of the counties applying as pilot projects in comprehensive children, youth, and family services reform or prevention. Section 17. Said chapter is further amended by striking Code Section 49-5-224, relating to submission of annual reports by the commissioner of human resources, and inserting in lieu thereof a new Code Section 49-5-224 to read as follows: 49-5-224. 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 Youth, Aging, and Human Ecology, the Governor, and the Children and Youth Coordinating Council. The report shall contain a copy of the updated State Plan for the Coordinated System of 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;

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(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 instate 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. Section 18. Said chapter is further amended by striking Code Section 49-5-227, relating to the comments and recommendations of the Commission for Children and Youth on the State Plan for the Coordinated System of Care, and inserting in lieu thereof a new Code Section 49-5-227 to read as follows: 49-5-227. The Children and Youth Coordinating Council 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 Youth, Aging, and Human Ecology, 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 Youth, Aging, and Human

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Ecology, the Governor, the Department of Human Resources, and the Department of Education. Section 19. Said chapter is further amended by striking Article 7, relating to the Commission on Children and Youth, and inserting in lieu thereof the following: ARTICLE 7 RESERVED Section 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1991. PRACTICE OF DENTISTRY DEFINITION. Code Section 43-11-17 Amended. No. 314 (House Bill No. 315). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, is amended by striking in its entirety subsection (a) of Code Section 43-11-17,

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relating to acts constituting the practice of dentistry, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as expressly provided in this chapter, any person who performs any of the following procedures, operations, or services shall be regarded as practicing dentistry within the meaning of this chapter: (1) Operates or performs part of any dental operation of any kind upon the human oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated structures or associated contiguous masticatory structures for the treatment of diseases or lesions of such structures; (2) Extracts teeth or attempts to correct a malposition thereof; (3) Fills or crowns a human tooth or teeth; (4) Does any dental operation whatsoever on the human oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated structures or associated contiguous masticatory structures; (5) Examines any human oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated structures or associated contiguous masticatory structures or takes an impression thereof for the purpose of diagnosing, treating, or operating upon the same; (6) Makes, repairs, adjusts, or relines appliances usable on teeth or as teeth unless such appliances, repairs, adjustment, or relines are ordered by and returned to a licensed dentist; (7) Undertakes to do or perform any physical evaluation of a patient in his office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery;

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(8) Diagnoses dental radiographs or makes radiographs except for use by a licensed dentist or a licensed physician; or (9) By any means whatsoever makes it known, implies, or holds out to the public in any fashion that such person will do any of the operations, procedures, or services set forth in this subsection. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1991. GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985FINANCIAL HARDSHIP CASES; SPECIAL LIEN; NOTICE; JUDICIAL SALES; COURT ORDERS. Code Sections 2-7-154, 2-7-156, and 2-7-158 Amended. No. 315 (House Bill No. 475). AN ACT To amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Boll Weevil Eradication Act of 1985, so as to provide for an exemption in cases of financial hardship; to provide that the Commissioner shall be authorized to levy and collect his own executions; to provide that the Commissioner shall have a special lien on cotton for delinquent assessments that shall be superior to any other lien provided by law; to provide for written notice; to provide for judicial sales; to provide for certain actions at law; to provide for the condemnation

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and destruction of cotton by order of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Boll Weevil Eradication Act of 1985, is amended by striking the word and at the end of paragraph (6) of Code Section 2-7-154, relating to the powers of the Commissioner under the Georgia Boll Weevil Eradication Act of 1985, and by striking paragraph (7) of said Code section in its entirety and inserting in lieu thereof the following: (7) Require the destruction of commercial cotton in an eradication zone when it is not being grown in compliance with the rules adopted under this article; and (8) Exempt from the assessment penalty requirements set forth in this article those cotton growers for whom paying the assessment penalties would impose an undue financial hardship. The Commissioner is authorized to establish, upon the recommendation of the cotton growers' organization certified pursuant to Code Section 2-7-155, a payment plan in such hardship cases. This exemption shall be implemented as follows: (A) The Commissioner shall adopt rules and regulations defining the criteria to be used in determining financial hardship; provided, however, that no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, as defined in Code Section 48-7-27, has a net income exceeding $15,000.00 for the year in which he seeks an exemption; (B) Any cotton grower who claims an exemption shall apply on a form prescribed by the Commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be

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met for approval. An oath shall be included on the form and the form, upon completion, shall be returned to the Commissioner; (C) The Commissioner shall forward all completed exemption application forms to the cotton growers' organization certified pursuant to Code Section 2-7-155. The certified growers' organization shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption and may recommend a payment plan to the Commissioner; and (D) The certified cotton growers' organization shall notify the Commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the certified cotton growers' organization, the Commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made will become due at the time they would otherwise have become due had no application for exemption been filed or within 30 days after the date of the Commissioner's notice of an adverse determination, whichever is later. Section 2. Said article is further amended by striking the word and at the end of paragraph (6) of subsection (a) of Code Section 2-7-156, relating to referendum on assessment for suppression and eradication programs, and by striking paragraph (7) of said subsection in its entirety and inserting in lieu thereof the following: (7) The Commissioner shall have a lien for the payment of assessments under this article which shall be of equal dignity with liens for taxes in favor of the state. The Commissioner is authorized to issue executions for the collection of such assessments in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon request of the Commissioner, to levy and collect such executions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners;

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provided, however, that the Commissioner shall be authorized to levy and collect his own executions; and (8) In addition to the lien provided in paragraph (7) of this subsection, the Commissioner shall have a special lien on cotton for payment of assessments which shall be superior to any other lien provided by law, shall arise as of the time the assessments become due and payable, and shall cover all cotton grown by the cotton grower from the date the lien arises until such assessments are paid; provided, however, that any buyers of cotton shall take free of such lien if such buyer has not received written notice of the lien from the Commissioner. Such lien extends to the proceeds of sale received by the person who originally bought the cotton from the grower. Notice may be provided by tagging the cotton as being subject to a delinquency or by documentation in the sales agreement indicating that the cotton is subject to a delinquency. The Commissioner or his authorized representative is authorized and empowered to so tag the cotton wherever found. In order to enforce such liens, the Commissioner is authorized to issue an execution for the collection of delinquent assessments due the Commissioner. The execution shall be directed to all and singular sheriffs of this state and shall command them to levy upon the cotton of the cotton grower or notified initial buyer; provided, however, that the Commissioner shall be authorized to levy and collect his own executions. Each sheriff or the Commissioner or his authorized representative shall execute the execution as in cases of writs of execution from the superior courts. The Commissioner or his authorized representative may levy and conduct judicial sales in the manner provided by law for sales by sheriffs and constables. The special lien on cotton may also be enforced by a foreclosure action or action at law, as appropriate, brought by the Commissioner in the superior court of the county of residence of the person who originally bought the cotton from the grower. A buyer of cotton other than a person buying cotton from the grower takes free of the lien created by this paragraph. Section 3. Said article is further amended by striking subsection (c) of Code Section 2-7-158, relating to penalties for violations of the Georgia Boll Weevil Eradication Act of 1985, in its entirety and inserting the following:

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(c) Any cotton grower who fails to pay all assessments, including penalties, within 30 days from the date of notice shall be required to destroy all cotton plants growing on his property which are subject to assessment. Any plants not destroyed shall be deemed to be a public nuisance. In such case, the Commissioner is authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and destruction of such nuisance. The grower shall be liable for all court costs, fees, and other expenses incurred in such action. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1991. GEORGIA HAZARDOUS WASTE MANAGEMENT ACT DEFINITIONS. Code Section 12-8-62 Amended. No. 316 (House Bill No. 652). AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Waste Management Act, so as to change certain definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Waste Management Act, is amended by striking in its entirety Code Section 12-8-62, relating to definitions applicable to such article, and inserting in lieu thereof a new Code Section 12-8-62 to read as follows: 12-8-62. As used in this article, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Designated hazardous waste' means any solid waste identified as such in regulations promulgated by the board. The board may identify as `designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1991, if such solid waste contains any substance which is listed on any one or more of the following lists: (A) List of Hazardous Constitutents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1991; (B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1991; (C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, and all appendices thereto, in force and effect on February 1, 1991; (D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1991;

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(E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1991; or (F) List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in force and effect on February 1, 1991. (3) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) `Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (5) `Division' means the Environmental Protection Division of the Department of Natural Resources. (6) `Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended. (7) `Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment.

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(8) `Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article. (9) `Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as Appendix VIII to 40 C.F.R. Part 261Identification and Listing of Hazardoux Waste. (10) `Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste. (11) `Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste. (12) `Hazardous waste generation' means the act or process of producing hazardous waste. (13) `Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal. (14) `Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. (15) `Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute

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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. (16) `Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (17) `Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (18) `Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (19) `Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (20) `Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1991, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a). (21) `Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

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(22) `Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point. (23) `Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (24) `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 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 exits 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

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(E) Any other method of end-of-pipe management of environmental wastes. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1991. SOLID WASTE HANDLING FACILITIES PERMITS; MODIFICATIONS; CLASSIFICATIONS; CONDITIONS AND REQUIREMENTS. Code Section 12-8-24 Amended. No. 317 (House Bill No. 182). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modification of permits to operate solid waste handling facilities; to provide for classifications of modifications; to provide for conditions and requirements; to provide for certain verification prior to certain modifications; to provide 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 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking subsections (e) and (g) of Code Section 12-8-24, relating to solid waste handling and operating permits, and

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inserting in their place new subsections (e) and (g), respectively, to read as follows: (e) (1) The director may 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, any order of the director, or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities shall be classified as major permit modifications. (2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility or special solid waste handling facility requesting the modification is located 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 site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing. (3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that all applications for vertical expansion of existing solid waste disposal facilities received by the director on or before December 31, 1990, shall be allowed no longer than 24 months from the date of the commencement of the permitted vertical expansion unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided further, however, that

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no vertical expansion under this subsection shall be allowed when remaining permitted capacity, as determined by the director, exceeds 24 months from July 1, 1991. Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease acceptance of waste no later than the end of such period. In the event that the director determines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period. (g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, 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. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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GEORGIA NONPROFIT CORPORATION CODE EXTENSIVE REVISION AND REENACTMENT. Code Title 14, Chapter 3 Revised. Code Section 14-5-40 Amended. No. 318 (House Bill No. 226). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations; to provide for a short title; to provide for reservation of the power of the General Assembly to amend or repeal such laws; to provide for the filing of documents; to provide for the publication of notices; to provide for forms; to provide for fees; to provide for penalties; to provide for the effective time and date of documents; to provide for correcting filed documents; to provide for the powers and duties of the Secretary of State; to provide for appeals for actions or decisions of the Secretary of State; to provide for the evidentiary effect of documents and copies thereof; to provide for certificates of existence; to prohibit the signing of false documents; to provide for interrogatories and confidentiality of information; to provide for the creation, operation, regulation, members, boards of directors, officers, agents, employees, powers, duties, obligations, merger, governance, and dissolution of nonprofit corporations; to provide for the powers, duties, obligations, prohibitions, and conduct of officers and directors and the penalties imposed thereon; to provide for definitions; to provide for notices and the waiver thereof; to provide for private foundations; to provide for judicial relief; to provide for the powers and duties of the Attorney General; to provide for and recognize certain constitutional protections; to provide for organization and incorporation; to provide for incorporators; to provide for articles of incorporation and bylaws; to provide for preincorporation transactions and liability therefor; to provide for the purposes and powers of nonprofit corporations; to provide for ultra vires acts; to provide for corporate, reserved, and registered names; to provide for registered offices and agents; to provide for service of process; to provide for venue; to provide for the admission of members, types of memberships, members' rights and obligations, and the resignation, expulsion, suspension, and termination of members and memberships; to provide for delegates; to provide for creditors'

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actions; to provide for meetings, elections, and voting; to provide for voting agreements; to provide for derivative proceedings; to provide for members' lists; to provide for proxies; to provide for standing; to provide for demands, notices, stays, and dismissal; to provide for discontinuance, settlement, and expenses; to provide for boards of directors and their members, powers, duties, terms, compensation, resignation, removal, vacancies, meetings, actions, and conduct; to provide for liability; to provide for officers and their powers, duties, conduct, resignation, removal, and contract rights; to provide for indemnification and expenses; to provide for, prohibit, and regulate conflicting interest transactions; to provide for committees; to provide for insurance; to provide for judicial actions, directors' actions, members' actions, and actions by the Attorney General or superior courts; to provide for amendment of articles of incorporation and bylaws; to provide for mergers; to provide for the sale of assets; to provide for distributions; to provide for dissolutions; to provide for claims; to provide for revival; to provide for receiverships and custodianships; to provide for foreign corporations; to provide for certificates of authority and the requirements, conditions, and revocation thereof; to provide for withdrawal; to provide for domestication; to provide for service, registered offices, and registered agents; to provide for records and reports; to provide for inspection of records; to provide for limitations on the use of membership lists; to provide for annual registrations; to provide for application of laws to domestic corporations and foreign corporations; to provide for savings provisions; to provide for other matters relating to nonprofit corporations and their officers, employees, agents, members, operations, powers, duties, practices, procedures, and authority and the regulation thereof; to correct a cross-reference; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Chapter 3, known as the Georgia Nonprofit Corporation Code, and inserting in lieu thereof a new Chapter 3 to read as follows:

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CHAPTER 3 ARTICLE 1 Part 1 14-3-101. This chapter shall be known and may be cited as the `Georgia Nonprofit Corporation Code.' 14-3-102. The General Assembly has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal. Part 2 14-3-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed: (1) By the chairman of the board of directors of a domestic or foreign corporation, its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or

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(3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary. (g) The person executing a document shall sign it and state beneath or opposite the signature his name and the capacity in which he signs. The document may, but need not, contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-3-503 and 14-3-1509), the correct filing fee, any certificate required by this chapter, and any penalty required by this chapter or other law. 14-3-121. The Secretary of State may prescribe and furnish on request, forms for: (1) An application for a certificate of existence; (2) A foreign corporation's application for a certificate of authority to conduct affairs in this state; (3) A foreign corporation's application for a certificate of withdrawal; (4) The annual registration; and (5) Such other forms not in conflict with this chapter as may be prescribed by the Secretary of State. 14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:

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Document Fee (1) Articles of incorporation $60.00 (2) Application for certificate of authority 70.00 (3) Annual registration 15.00 (4) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name No fee (7) Statement of change of address of registered agent.....$5.00 per corporation but not less than 20.00 (8) Any other document required or permitted to be filed by this chapter 20.00 (b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-1430. 14-3-123. (a) Except as provided in subsection (b) of this Code section and subsection (c) of Code section 14-3-124, a document is effective: (1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's endorsement on the original document; or (2) At any later time specified in the document as its effective time on the date it is filed. (b) A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is

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specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date filed. (c) If a document is determined by the Secretary of State to be incomplete and inappropriate for filing, the Secretary of State may return the document to the person or corporation filing it, together with a brief written explanation of the reason for the refusal to file, in accordance with subsection (c) of Code Section 14-3-125 and, if the applicant returns the document with corrections in accordance with the rules and regulations of the Secretary of State, the filing date of the document will be the filing date that would have been applied had the original document not been deficient. 14-3-124. (a) A domestic or foreign corporation may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, verified, or acknowledged. (b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document (including its filing date) or attach a copy of it to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and (2) By delivering the articles of correction to the Secretary of State for filing. (c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the

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uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. 14-3-125. (a) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-3-120, the Secretary of State shall file it. (b) The Secretary of State files a document by stamping or otherwise endorsing his official title and the date and time of receipt on both the original and the document copy. After filing a document, except as provided in Code Sections 14-3-503 and 14-3-1510, the Secretary of State shall deliver the document copy to the domestic or foreign corporation or its representative. (c) If the Secretary of State refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason for his refusal. (d) The Secretary of State's duty to file documents under this Code section is ministerial. Filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or in part; (2) Relate to the correctness or incorrectness of information contained in the document; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-3-126. (a) If the Secretary of State refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court. The appeal is commenced by petitioning the court to compel filing of the document and by attaching to the petition the document and the Secretary of State's explanation of his refusal to file.

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(b) The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. 14-3-127. A certificate attached to a copy of a document filed by the Secretary of State, bearing his signature, which may be in facsimile, and the printed or embossed seal of this state is prima facie evidence that the original document has been filed with the Secretary of State. 14-3-128. (a) Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. (b) A certificate of existence or authorization sets forth: (1) The domestic corporation's corporate name or the foreign corporation's corporate name used in this state; (2) That the domestic corporation is duly incorporated under the law of this state and the date of its incorporation, or that the foreign corporation is authorized to transact business in this state; (3) That its most recent annual registration required by Code Section 14-3-1622 has been delivered to the Secretary of State; and (4) That articles of dissolution have not been filed. (c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as prima-facie evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state. 14-3-129. A person who signs a document he knows is false in any material respect with intent that the document be delivered to the Secretary of State for filing shall be guilty of a

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misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00. Part 3 14-3-130. The Secretary of State has the power reasonably necessary to perform the duties required of him by this chapter. Part 4 14-3-140. As used in this chapter, the term: (1) `Articles of incorporation' or `articles' includes amended and restated articles of incorporation and articles of merger. (2) `Board of directors' or `board' means the person or persons vested with the authority to manage the affairs of the corporation, irrespective of the name by which such group is designated, but shall not include any person solely by virtue of powers delegated to him by Code Section 14-3-801. (3) `Bylaws' means the code of rules (other than the articles) adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated. (4) `Class' refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. For the purpose of this Code section, rights shall be considered the same if they are determined by a formula applied uniformly. (5) `Conspicuous' means written in such a manner that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous.

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(6) `Corporation' means a nonprofit corporation, other than a foreign corporation, organized under or subject to this chapter. (7) `Delegate' means a person elected or appointed to vote in a representative assembly for the election of a director or on other matters. (8) `Deliver' includes mail. (9) `Distribution' means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. Payment of indemnification or reasonable compensation, fees, or expenses incurred in the performance of duties on behalf of the corporation is not a distribution. (10) `Domestic corporation' means a corporation. (11) `Effective date of notice' is defined in Code Section 14-3-141. (12) `Employee' includes an officer but not a director. A director may accept duties that make him also an employee. (13) `Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; and state, United States, and foreign government. (14) `Foreign corporation' means a corporation organized under a law other than the law of this state which would be a nonprofit corporation if organized under, or subject to, this chapter. (15) `Governmental subdivision' includes an authority, county, district, and municipality or any other political subdivision. (16) `Includes' denotes a partial definition.

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(17) `Individual' includes the estate of an incompetent or deceased individual. (18) `Mail' includes the United States mail. (19) `Means' denotes an exhaustive definition. (20) `Member' means (without regard to the name by which a person is designated in the articles or bylaws) any person who is entitled to vote for the election of a director or directors pursuant to a provision of the corporation's articles or bylaws that expressly provides for or contemplates the existence of members. A person is not a member by virtue of any of the following: (A) Any rights such person has as a delegate; (B) Any rights such person has to designate or confirm a director or directors; or (C) Any rights such person has as a director. (21) `Nonprofit corporation' means a corporation which may make no distribution to its members, directors, or officers, except as reasonable compensation for services rendered, and except as otherwise provided in this chapter. (22) `Notice' is defined in Code Section 14-3-141. (23) `Person' includes an individual and an entity. (24) `Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (25) `Proceeding' includes civil suit and criminal, administrative, and investigatory action. (26) `Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its members for purposes of this chapter. The determinations shall be made as of the close of

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business on the record date unless another time for doing so is specified when the record date is fixed. (27) `Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (b) of Code Section 14-3-840 for custody of the minutes of the meetings of the board of directors and of any membrs and for authenticating records of the corporation. (28) `State,' when referring to a part of the United States, includes a state, commonwealth, the District of Columbia (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (29) `Superior court' means the superior court of the county in which the corporation's registered office is located; or, if the corporation has no registered office, the county in which the corporation's principal office is located; or, if the corporation has neither a registered office nor a principal office, then the Superior Court of Fulton County. (30) `United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (31) `Voting power' means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. Where a class is entitled to vote as a class for directors, the determination of voting power of the class shall be based on the percentage of the number of directors the class is entitled to elect out of the total number of authorized directors. 14-3-141. (a) Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal

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notice are likely to prove impracticable in particular cases, notice may in addition be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. (c) Written notice by a domestic or foreign corporation to its members, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the member's address shown in the corporation's current record of members. If the corporation has more than 500 members of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting. (d) Written notice to a domestic or foreign corporation (authorized to transact business in this state) may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority. (e) Except as provided in subsection (c) of this Code section or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received or when delivered, properly addressed, to the addressee's last known principal place of business or residence; (2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee. (f) Oral notice is effective when communicated if communicated in a comprehensible manner.

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(g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted. (h) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern. Part 5 14-3-160. (a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, member, or the Attorney General, the superior court may order that such a meeting be called or that a written ballot or other form of obtaining the vote of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances. (b) The court shall, in an order issued pursuant to this Code section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles, bylaws, or this chapter, whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply. In a proceeding under this Code section the court may determine who the members or directors are. (c) The order issued pursuant to this Code section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes, including any requirement as to quorums or as to the number or percentage of votes needed for approval, that would otherwise be imposed by the articles, bylaws, or this chapter.

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(d) Whenever practical, any order issued pursuant to this Code section shall limit the subject matter of meetings or other forms of consent authorized to items, including amendments to the articles or bylaws, the resolution of which will or may enable the corporation to continue managing its affairs without further resort to this Code section; provided, however, that an order under this Code section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger, or sale of assets. (e) Any meeting or other method of obtaining the vote of members, delegates, or directors conducted pursuant to an order issued under this Code section, and that complies with all the provisions of such order, is for all purposes a valid meeting or vote, as the case may be, and shall have the same force and effect as if it complied with every requirement imposed by the articles, bylaws, and this chapter. Part 6 14-3-170. (a) The Attorney General may petition the superior court: (1) To enjoin the proposed unlawful conveyance, transfer, or assignment of assets of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 in situations in which the transferee knew of its unlawfulness; (2) To set aside the unlawful conveyance, transfer, or assignment of assets of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 in situations in which the transferee knew of its unlawfulness; (3) To dissolve a corporation that: (A) Obtained its articles of incorporation through fraud; or (B) Has continued to exceed or abuse the authority conferred upon it by law; or

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(4) To compel accounting and restitution or other appropriate relief for violation of Code Sections 14-3-830, 14-3-842, 14-3-860 through 14-3-864, or 14-3-1301. (b) In connection with any such proceeding or proposed proceeding, the Attorney General shall have the same power to investigate and issue subpoenas as he has with respect to investigations authorized under Code Section 45-15-17. Part 7 14-3-180. If religious doctrine governing the affairs of a corporation is inconsistent with the provisions of this chapter on the same subject, the religious doctrine shall control to the extent required by the Constitution of the United States or the constitution of this state or both. ARTICLE 2 14-3-201. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing. 14-3-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-3-401; (2) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (3) The name and address of each incorporator; (4) Whether or not the corporation will have members; (5) The mailing address of the initial principal office of the corporation; and (6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code.

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(b) The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors; (3) Provisions not inconsistent with law regarding: (A) Managing and regulating the affairs of the corporation; (B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members; (4) A provision eliminating or limiting the personal liability of a director to the corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that no provision shall eliminate or limit the liability of a director: (A) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective;

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(5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (6) Provisions not inconsistent with law regarding the distribution of assets on dissolution. (c) One or more incorporators named in the articles must sign the articles. (d) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. 14-3-202.1 Code Section 14-2-201.1 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 registered office) and its initial registered agent at such address is......' 14-3-203. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or administratively dissolve the corporation. 14-3-204. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting.

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14-3-205. (a) After incorporation: (1) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; or (2) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (A) To elect directors and complete the organization of the corporation; or (B) To elect a board of directors who shall complete the organization of the corporation. (b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more written consents describing the action taken and signed by each incorporator. (c) An organizational meeting may be held in or out of this state or in accordance with Code Section 14-3-821. 14-3-206. (a) The incorporators or board of directors of a corporation shall adopt bylaws for the corporation. (b) The bylaws may contain any provision for regulating and managing the affairs of the corporation that is not inconsistent with law or the articles of incorporation. 14-3-207. (a) Unless the articles provide otherwise, the directors of a corporation may adopt, amend, or repeal bylaws to be effective only in an emergency defined in subsection (d) of this Code section. The emergency bylaws, which are subject to amendment or repeal by the members, may provide special procedures necessary for managing the corporation during the emergency, including:

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(1) How to call a meeting of the board; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute directors. (b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (c) Corporate action taken in good faith in accordance with the emergency bylaws: (1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event. ARTICLE 3 14-3-301. (a) Every corporation incorporated under this chapter has the purpose of engaging in any lawful activity unless a more limited purpose is set forth in the articles of incorporation. (b) A corporation engaging in an activity that is subject to regulation under another statute of this state may incorporate under this chapter only if incorporation under this chapter is not prohibited by the other statute. The corporation shall be subject to all limitations of the other statute. 14-3-302. Every corporation has perpetual duration and succession in its corporate name, unless its articles of incorporation adopted on or after April 1, 1969, or in the case of a corporation existing prior to or on April 1, 1969, 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

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to do all things necessary or convenient to carry out its business and affairs, including without limitation power: (1) To sue, be sued, complain, and defend in its corporate name; (2) To have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing 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 regulating and managing 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 entity; (7) To make contracts and guaranties, incur liabilities, borrow money, issue notes, bonds, and other obligations, 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, except as limited by Code Sections 14-3-860 through 14-3-864; (9) To be a promoter, fiduciary, shareholder, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity;

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(10) To conduct its activities, locate offices, and exercise the powers granted by this chapter within or without this state; (11) To elect or appoint directors, officers, delegates, 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, and other benefit and incentive plans for any or all of its current or former directors, officers, employees, and agents; (13) To make donations not inconsistent with law for the public welfare or for charitable, religious, scientific, or educational purposes and for other purposes that further the corporate interest; (14) To impose dues, assessments, admission fees, and transfer fees upon its members; (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 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; (16) To establish conditions for admission of members, admit members, and issue memberships; (17) To carry on a business; and (18) To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.

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14-3-303. (a) In anticipation of or during an emergency defined in subsection (d) of this Code section, the board of directors of a corporation may: (1) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and (2) Relocate the principal office, designate alternative principal offices or regional offices, or authorize the officers to do so. (b) During an emergency defined in subsection (d) of this Code section, unless emergency bylaws provide otherwise: (1) Notice of a meeting of the board of directors need be given only to those directors it is practicable to reach and may be given in any practicable manner, including by publication and radio; and (2) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum. (c) Corporate action taken in good faith during an emergency under this Code section to further the ordinary affairs of the corporation: (1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event. 14-3-304. (a) Except as provided in subsection (b) of this Code section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.

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(b) A corporation's power to act may be challenged: (1) In a proceeding by a member against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (3) In a proceeding by the Attorney General under Code Section 14-2-1430. (c) In a member's proceeding under paragraph (1) of subsection (b) of this Code section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the corporation or another party because of enjoining the unauthorized act. ARTICLE 4 14-3-401. (a) A corporate name: (1) Must contain the word `corporation,' incorporated,' `company,' or `limited,' or the abbreviation `Corp.,' `Inc.,' `Co.,' or `Ltd.,' or words or abbreviations of like import in a language other than English; (2) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by its articles of incorporation and by Code Section 14-3-301; (3) May not contain anything which, in the reasonable judgment of the Secretary of State, is obscene; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation.

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(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of an incorporated organization, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under this chapter or Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under Chapter 9 of this title. (c) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (b) of this Code section. The Secretary of State shall authorize use of the name applied for if the other corporation consents to the use in writing and files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and: (1) The proposed user corporation has merged with the other corporation; (2) The proposed user corporation has been formed by reorganization of the other corporation; or (3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the

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Secretary of State from the name of the foreign corporation applying to use its former name. (e) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to subsection (b) of this Code section. Issuance of a corporate name does not affect the commercial availability of the name. 14-3-402. (a) A person may apply to reserve the use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's use for a nonrenewable 90 day period. (b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-3-403. (a) A foreign corporation may register its corporate name, or its corporate name with any change required by Code Section 14-3-1506, if the name does not in any instance exceed 80 characters, including spaces and punctuation, and is distinguishable upon the records of the Secretary of State from: (1) The corporate name of a nonprofit or business corporation incorporated or authorized to do business in this state; and (2) A corporate name reserved under Code Section 14-3-402 or Code Section 14-2-402 or registered under this Code section, or a limited partnership name reserved or filed under Chapter 9 of this title. (b) A foreign corporation registers its corporate name, or its corporate name with any change required by Code Section 14-3-1506, by delivering to the Secretary of State an application:

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(1) Setting forth its corporate name, or its corporate name with any change required by Code Section 14-3-1506, the state or country and date of its incorporation, and a brief description of the nature of the activities in which it is engaged; and (2) Accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation. (c) The name is registered for the applicant's exclusive use upon the effective date of the application. (d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application which complies with the requirements of subsection (b) of this Code section in accordance with the filing requirements of the Secretary of State. The renewal application renews the registration for the following calendar year. (e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under that name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name. ARTICLE 5 Part 1 14-3-501. Each corporation must continuously maintain in this state: (1) A registered office with the same address as that of the registered agent; and (2) A registered agent, who may be:

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(A) An individual who resides in this state and whose office is identical with the registered office; (B) A domestic business or nonprofit corporation formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation authorized to transact business in this state whose office is identical with the registered office. 14-3-502. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth: (1) The name of the corporation; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of the new registered office; (4) The name of its current registered agent; (5) If the current registered agent is to be changed, the name of the new registered agent; and (6) That after the change or changes are made, the street addresses of its registered office and the office of its registered agent will be identical. (b) If the street address of a registered agent's office is changed, the registered agent may change the street address of the registered office of any corporation for which the registered agent is the registered agent by notifying the corporation in writing of the change and by signing (either manually or in facsimile) and delivering to the Secretary of State for filing a statement that complies with the requirements of subsection (a) of this Code section and recites that the corporation has been notified of the change.

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14-3-503. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed. 14-3-504. (a) A corporation's registered agent is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the corporation. (b) If a corporation has no registered agent, or the agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principal office. Service is perfected under this subsection on the earliest of: (1) The date the corporation receives the mail; (2) The date shown on the return receipt, if signed on behalf of the corporation; or (3) Five days after its deposit in the United States mail, if mailed postage prepaid and correctly addressed. (c) This Code section does not prescribe the only means, or necessarily the required means, of serving a corporation.

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Part 2 14-3-510. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1991, or thereafter. (b) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside: (1) For purposes of proceedings generally, in the county where its registered office is maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained; (2) For purposes of proceedings based on contracts, in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county, and may be sued; (3) For purposes of proceedings for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; and (4) For purposes of garnishment proceedings, in the county in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed. (c) Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws. (d) Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding

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may be brought in the county where the principal office is located. ARTICLE 6 Part 1 14-3-601. (a) The articles or bylaws may establish criteria or procedures for admission of members. (b) No person shall be admitted as a member without his consent. 14-3-602. Except as provided in its articles or bylaws, a corporation may admit members for no consideration or for such consideration as is determined by the board. 14-3-603. A corporation is not required to have members. Part 2 14-3-610. Members as defined in paragraph (20) of Code Section 14-3-140 shall have no voting rights, other than to elect directors, except as specifically provided in the articles or bylaws. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws. Except for the rights specified in Code Section 14-3-630, members of any corporation existing on July 1, 1991, shall be limited to having the same voting and other rights as before such date, until changed by amendment of its articles of incorporation or bylaws. 14-3-611. A member of a corporation is not, as such, personally liable for the acts, debts, liabilities, or obligations of the corporation. 14-3-612. A member may become liable to the corporation for dues, assessments, or fees; provided, however, that an article or bylaw provision or a resolution adopted by the board authorizing or imposing dues, assessments, or fees does not, of itself, create liability. 14-3-613. (a) No proceeding may be brought by a creditor to reach the liability, if any, of a member to the corporation

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unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless such action would be useless. (b) All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any creditor's proceeding brought under subsection (a) of this Code section to reach and apply unpaid amounts due the corporation. Any or all members who owe amounts to the corporation may be joined in such proceeding. Part 3 14-3-620. (a) Unless otherwise provided by law, a member may resign from membership at any time, although the articles or bylaws may require reasonable notice before the resignation is effective. (b) This Code section shall not relieve the resigning member from any obligation for charges incurred, services or benefits actually rendered, dues, assessments, or fees, or arising from contract, a condition to ownership of land, an obligation arising out of ownership of land, or otherwise, and this Code section shall not diminish any right of the corporation to enforce any such obligation or obtain damages for its breach. 14-3-621. Unless otherwise expressly provided in a corporation's articles of incorporation or bylaws or, in the case of a corporation in existence before July 1, 1991, by resolution of the directors or members adopted before that date: (1) No member of a corporation may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure that is fair and reasonable and is carried out in good faith; (2) A procedure is fair and reasonable when either: (A) The articles or bylaws set forth a procedure that provides:

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(i) Not less than 15 days' prior written notice of the explusion, suspension, or termination and the reasons therefor; and (ii) An opportunity for the member to be heard, orally or in writing, not less than five days before the effective date of the explusion, suspension, or termination by a person or persons authorized to decide that the proposed explusion, termination, or suspension not take place; or (B) It is fair and reasonable taking into consideration all of the relevant facts and circumstances; (3) Any written notice given by mail must be given by first-class or certified mail sent to the last address of the member shown on the corporation's records; (4) Any proceeding challenging an expulsion, suspension, or termination, including a proceeding in which defective notice is alleged, must be commenced within one year after the effective date of the expulsion, suspension, or termination; and (5) A member who has been expelled or suspended may be liable to the corporation for dues, assessments, or fees as a result of obligations incurred or commitments made prior to or during expulsion or suspension. Part 4 14-3-630. (a) A corporation may provide in its articles or bylaws for delegates having some or all of the rights and authority of members. (b) The articles or bylaws may set forth provisions relating to: (1) The characteristics, qualifications, rights, limitations, and obligations of delegates, including their selection and removal;

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(2) Calling, noticing, holding, and conducting meetings of delegates; and (3) Carrying on corporate activities during and between meetings of delegates. ARTICLE 7 Part 1 14-3-701. (a) A corporation with members shall hold a meeting of members annually at a time stated in or fixed in accordance with the bylaws. (b) A corporation with members may hold regular meetings of members at the times stated in or fixed in accordance with the bylaws. (c) Annual and regular meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual and regular meetings shall be held at the corporation's principal office or other suitable place. (d) At the annual meeting: (1) The president and chief financial officer shall report on the activities and financial condition of the corporation; and (2) The members shall consider and act upon such other matters as may be raised consistent with the notice requirements of Code Sections 14-3-705 and 14-3-706. (e) At regular meetings the members shall consider and act upon such matters as may be raised consistent with the notice requirements of Code Sections 14-3-705 and 14-3-706. (f) The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action. 14-3-702. (a) A corporation with members shall hold a special meeting of members:

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(1) On call of its board or the person or persons authorized to do so by the articles or bylaws; or (2) Except as otherwise provided in the articles or bylaws, if the holders of at least 5 percent of the voting power of any corporation sign, date, and deliver to any corporate officer one or more written demands for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to demand a special meeting is the date the first member signs the demand. (c) If a notice for a special meeting demanded under paragraph (2) of subsection (a) of this Code section is not given pursuant to Code Section 14-3-705 within 30 days after the date the written demand or demands are delivered to a corporate officer, regardless of the requirements of subsection (d) of this Code section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to Code Section 14-3-705. (d) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office or other suitable place. (e) Only those matters that are within the purpose or purposes described in the meeting notice required by Code Section 14-3-705 may be conducted at a special meeting of members. 14-3-703. (a) The superior court may summarily order a meeting to be held: (1) On application of any member or other person entitled to participate in an annual meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if an annual meeting was not held within the earlier of six months after the end of a fiscal year of the corporation or 15 months after its last annual meeting; or

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(2) On application of any member or other person entitled to participate in a regular meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if a regular meeting is not held within 40 days after the date it was required to be held; or (3) On application of a member who signed a demand for a special meeting valid under Code Section 14-3-702, a person or persons entitled to call a special meeting, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if: (A) Notice of the special meeting was not given within 30 days after the date the demand was delivered to a corporate officer; or (B) The special meeting was not held in accordance with the notice. (b) After notice to the corporation, the court may fix the time and place of the meeting, specify a record date for determining members entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters) and enter other orders necessary to accomplish the purpose or purposes of the meeting. (c) If the court orders a meeting, it may also order the corporation to pay the member's or other person's costs (including reasonable counsel fees) incurred to obtain the order. 14-3-704. (a) Unless limited or prohibited by the articles or bylaws, or unless this chapter requires a greater number of affirmative votes, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least a majority of the voting power. The action must be evidenced by one or more written consents describing the action taken, signed by those members representing at least a

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majority of the voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) If not otherwise determined under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent. (c) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. (d) Written notice of member approval pursuant to this Code section shall be given to all members who have not signed the written consent. If written notice is required, member approval pursuant to this Code section shall be effective ten days after such written notice is given. 14-3-705. (a) A corporation shall give notice consistent with its bylaws of meetings of members in a fair and reasonable manner. (b) Any notice that conforms to the requirements of subsection (c) of this Code section is fair and reasonable, but other means of giving notice may also be fair and reasonable when all the circumstances are considered; provided, however, that notice of matters referred to in paragraph (2) of subsection (c) of this Code section must be given as provided in subsection (c) of this Code section. (c) Notice is fair and reasonable if: (1) The corporation notifies its members of the place, date, and time of each annual, regular, and special meeting of members no fewer than ten days (or if notice is mailed by other than first-class or registered mail, 30 days) nor more than 60 days before the meeting date; (2) Notice of an annual or regular meeting includes a description of any matter or matters that must be approved by the members under Code Section 14-3-855, 14-3-863, 14-3-1003, 14-3-1021, 14-3-1103, 14-3-1202, or 14-3-1402; and

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(3) Notice of a special meeting includes a description of the matter or matters for which the meeting is called. (d) Unless the bylaws require otherwise, if an annual, regular, or special meeting of members is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place, if the new date, time, or place is announced at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under Code Section 14-3-707, however, notice of the adjourned meeting must be given under this Code section to the members of record as of the new record date. (e) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if: (1) Requested in writing to do so by a person entitled to call a special meeting; and (2) The request is received by the secretary or president of the corporation at least ten days before the corporation gives notice of the meeting. 14-3-706. (a) A member may waive any notice required by this chapter, the articles, or bylaws before or after the date and time stated in the notice. The waiver must be in writing, be signed by the member entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A member's attendance at a meeting: (1) Waives objection to lack of notice or defective notice of the meeting, unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting; and (2) Waives objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the member objects to considering the matter when it is presented.

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14-3-707. (a) The bylaws may fix or provide the manner of fixing the record date to determine the members entitled to notice of a members' meeting, to demand a special meeting to vote, or to take any other action. If the bylaws do not fix or provide for fixing such a record date, the board may fix a future date as such a record date. (b) A record date fixed under this Code section may not be more than 70 days before the meeting or action requiring a determination of members. (c) A determination of members entitled to notice of or to vote at a membership meeting is effective for any adjournment of the meeting unless the board fixes a new record date, which it must do if the meeting is adjourned to a date more than 120 days after the date fixed for the original meeting. (d) If a court orders a meeting adjourned to a date more than 120 days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date. 14-3-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the corporation delivers a written ballot to every member entitled to vote on the matter. (b) A written ballot shall. (1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed action. (c) Approval by written ballot pursuant to this Code section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

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(d) All solicitations for votes by written ballot shall: (1) Indicate the number of responses needed to meet the quorum requirements; (2) State the percentage of approvals necessary to approve each matter other than election of directors; and (3) Specify the time by which a ballot must be received by the corporation in order to be counted. (e) Except as otherwise provided in the articles or bylaws, a written ballot may not be revoked. Part 2 14-3-720. (a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list must show the address of and number of votes each member is entitled to vote at the meeting. (b) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting, beginning two business days after notice is given of the meeting for which the list was prepared and continuing through the meeting, at the corporation's principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held. A member, a member's agent, or a member's attorney is entitled on written demand to inspect and, subject to the limitations of subsection (c) of Code Section 14-3-1602 and Code Section 14-3-1605, to copy the list, at a reasonable time and at the member's expense, during the period it is available for inspection. (c) The corporation shall make the list of members available at the meeting, and any member, a member's agent, or member's attorney is entitled to inspect the list at any time during the meeting or any adjournment. (d) If the corporation refuses to allow a member, a member's agent, or a member's attorney to inspect the list of members before or at the meeting (or copy the list as permitted by

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subsection (b) of this Code section), the superior court, on application of the member, may summarily order the inspection or copying at the corporation's expense and may postpone the meeting for which the list was prepared until the inspection or copying is complete. (e) Refusal or failure to prepare or make available the members' list does not affect the validity of action taken at the meeting. 14-3-721. (a) Unless the articles or bylaws provide otherwise, each member is entitled to one vote on each matter voted on by the members. (b) Unless the articles or bylaws provide otherwise, if a membership stands of record in the names of two or more persons, their acts with respect to voting shall have the following effect: (1) If only one votes, such act binds all; and (2) If more than one votes, the vote shall be divided on a pro rata basis. 14-3-722. (a) Unless this chapter, the articles, or bylaws provide for a higher or lower quorum, 10 percent of the votes entitled to be cast on a matter must be represented at a meeting of members to constitute a quorum on that matter. (b) A bylaw amendment to decrease the quorum for any member action may be approved by the members or, unless prohibited by the bylaws, by the board. (c) A bylaw amendment to increase the quorum required for any member action must be approved by the members. (d) Unless 20 percent or more of the voting power is present in person or by proxy, the only matters that may be voted upon at an annual or regular meeting of members are those matters that are described in the meeting notice. 14-3-723. (a) Unless this chapter, the articles, or the bylaws require a greater vote or voting by class, if a quorum is

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present, the affirmative vote of a majority of the votes cast is the act of the members. (b) A bylaw amendment to increase or decrease the vote required for any member action must be approved by the members. 14-3-724. (a) Unless the articles or bylaws prohibit or limit proxy voting, a member may vote in person or by proxy. (b) A member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney in fact. (c) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a different period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the member. (e) The death or incapacity of the member appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. (f) Appointment of a proxy is revoked by the person appointing the proxy: (1) Attending any meeting and voting in person; or (2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form. (g) Subject to Code Section 14-3-727 and any express limitation on the proxy's authority appearing on the face of the appointment form, a corporation is entitled to accept the

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proxy's vote or other action as that of the member making the appointment. 14-3-725. (a) Unless otherwise provided in the articles, directors are elected by a majority of the votes cast by the members entitled to vote in the election at a meeting at which a quorum is present. (b) If the articles or bylaws provide for cumulative voting by members, members may so vote, by multiplying the number of votes the members are entitled to cast by the number of directors for whom they are entitled to vote, and cast the product for a single candidate or distribute the product among two or more candidates. (c) Cumulative voting is not authorized at a particular meeting unless: (1) The meeting notice or statement accompanying the notice states that cumulative voting will take place; or (2) A member gives notice during the meeting and before the vote is taken of the member's intent to cumulate votes, and if one member gives this notice all other members participating in the election are entitled to cumulate their votes without giving further notice. (d) A director elected by cumulative voting may be removed by the members without cause if the requirements of Code Section 14-3-808 are met, unless the votes cast against removal or not consenting in writing to such removal would be sufficient to elect such director if voted cumulatively at an election at which the same total number of votes were cast (or, if such action is taken by written ballot, all memberships entitled to vote were voted) and the entire number of directors authorized at the time of the director's most recent election were then being elected. (e) Members may not cumulatively vote if the directors and members are identical. 14-3-726. A corporation may provide in its articles or bylaws for election of directors by members or delegates:

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(1) On the basis of chapter or other organizational unit; (2) By region or other geographic unit; (3) By preferential voting; or (4) By any other reasonable method. 14-3-727. (a) If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a member, the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member. (b) If the name signed on a vote, consent, waiver, or proxy appointment does not correspond to the record name of a member, the corporation if acting in good faith is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the member if: (1) The member is an entity and the name signed purports to be that of an officer or agent of the entity; (2) The name signed purports to be that of an attorney in fact of the member and, if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the member has been presented with respect to the vote, consent, waiver, or proxy appointment; (3) Two or more persons hold the membership as cotenants or fiduciaries and the name signed purports to be the name of at least one of the coholders and the person signing appears to be acting on behalf of all the coholders; (4) The name signed purports to be that of an administrator, executor, guardian, or conservator representing the member and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; or

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(5) The name signed purports to be that of a receiver or trustee in bankruptcy of the member, and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the vote, consent, wavier, or proxy appointment. (c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section are not liable in damages to the member for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section is valid unless a court of competent jurisdiction determines otherwise. Part 3 14-3-730. (a) Two or more members may provide for the manner in which they will vote by signing an agreement for that purpose. Such agreements may be valid for a period of up to 20 years. For corporations described in paragraph (2) of subsection (a) of Code Section 14-3-1302, such agreements must have a reasonable purpose not inconsistent with the corporation's public or charitable purposes. (b) A voting agreement created under this Code section is specifically enforceable. Part 4 14-3-740. As used in this part, the term: (1) `Derivative proceeding' means a civil suit in the right of a domestic corporation or, to the extent provided in Code Section 14-3-747, in the right of a foreign corporation.

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(2) `Member' includes those who are members under Code Section 14-3-140, as well as any person who is entitled to some portion of the corporation's property upon dissolution, and any person or class of persons specifically designated in the corporation's bylaws or articles of incorporation as having standing to bring a derivative proceeding. 14-3-741. A derivative proceeding may be brought either by any director or by any member or members having 5 percent or more of the voting power or by 50 members, whichever is less. A director or members may not commence or maintain a derivative proceeding unless the director or members: (1) Was a director or were members of the corporation at the time of the act or omission complained of (or became a member through transfer by operation of law from one who was a member at that time); or is a director or are members at the time the proceeding is commenced; and (2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. 14-3-742. (a) No derivative proceeding may be commenced until: (1) A written demand has been made upon the corporation to take suitable action; and (2) Ninety days have expired from the date the demand was made unless the complainant has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90 day period. (b) In the case of corporations described in subsection (a) of Code Section 14-3-1302, the complainant shall deliver a copy of the demand to the Attorney General within ten days of making the demand on the corporation. 14-3-743. If the corporation commences an inquiry into the allegations made in the demand or complaint, the court

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may stay any derivative proceeding for such period as the court deems appropriate. 14-3-744. (a) The court may dismiss a derivative proceeding if, on motion by the corporation, the court finds that one of the groups specified in subsection (b) of this Code section has made a determination in good faith after conducting a reasonable investigation upon which its conclusions are based that the maintenance of the derivative suit is not in the best interests of the corporation. The corporation shall have the burden of proving the independence and good faith of the group making the determination and the reasonableness of the investigation. (b) The determination in subsection (a) of this Code section shall be made by: (1) A majority vote of independent directors present at a meeting of the board of directors if the independent directors constitute a quorum; (2) A majority vote of a committee consisting of two or more independent directors appointed by a majority vote of independent directors present at a meeting of the board of directors, whether or not such independent directors constitute a quorum; or (3) A panel of one or more independent persons appointed by the court upon motion by the corporation. (c) None of the following shall by itself cause a director to be considered not independent for purposes of subsection (b) of this Code section: (1) The nomination or election of the director by directors who are not independent; (2) The naming of the director as a defendant in the derivative proceeding; or (3) The fact that the director approved the action being challenged in the derivative proceeding so long as the

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director did not receive a personal benefit as a result of the action. 14-3-745. A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the corporation's members or a class of members, the court shall direct that notice be given to the members affected. 14-3-746. On termination of the derivative proceeding the court may: (1) Order the corporation to pay the plaintiff's reasonable expenses (including attorneys' fees) incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or (2) Order the plaintiff to pay any defendant's reasonable expenses (including attorneys' fees) incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose. 14-3-747. In any derivative proceeding in the right of a foreign corporation, the matters covered by this part shall be governed by the laws of the jurisdiction of incorporation of the foreign corporation except for Code Sections 14-3-743 and 14-3-745 and paragraph (2) of Code Section 14-3-746. ARTICLE 8 Part 1 14-3-801. (a) Each corporation must have a board of directors. (b) Except as provided in this chapter or subsection (c) of this Code section, all corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board. (c) No limitation upon the authority of the directors, whether contained in the articles of incorporation or bylaws,

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shall be effective against persons, other than members and directors, who are without actual knowledge of the limitation. (d) The articles may authorize a person or persons to exercise some or all of the powers which would otherwise be exercised by a board. To the extent so authorized any such person or persons shall have the duties and responsibilities of the directors, and the directors shall be relieved to that extent from such duties and responsibilities. 14-3-802. Directors shall be natural persons who are 18 years of age or older but need not be residents of this state nor members of the corporation unless the articles so require. The articles or bylaws may prescribe other qualifications for directors. 14-3-803. (a) A board of directors must consist of one or more natural persons, with the number specified in or fixed in accordance with the articles or bylaws. (b) The articles or bylaws may authorize the members of the board of directors to fix or change the number of directors or may establish a variable range for the size of the board of directors by fixing a minimum and maximum number of directors. If the variable range is established, the number of directors may be fixed or changed from time to time, within the minimum and maximum, by the members, or if the articles or bylaws so provide, by the board of directors. 14-3-804. (a) If the corporation has members, all the directors (except the initial directors) shall be elected at the first annual meeting of members, and at each annual meeting thereafter, unless the articles or bylaws provide some other time or method of election, or provide that some or all of the directors are appointed by some other person or designated. (b) If the corporation does not have members, all the directors (except the initial directors) shall be elected, appointed, or designated as provided in the articles or bylaws. If no method of designation or appointment is set forth in the articles or bylaws, the directors (other than the initial directors) shall be elected by the board.

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14-3-805. (a) The terms of the initial directors of a corporation expire at the first meeting of members or directors for the election of directors or for such other period as may be specified in the articles of incorporation or bylaws. The articles or bylaws may specify the terms of directors. In the absence of any term specified in the articles or bylaws, the term of each director other than initial directors shall be one year. Directors may be elected for successive terms. (b) A decrease in the number of directors or term of office does not shorten an incumbent director's term. (c) A director elected to fill a vacancy shall be elected for the unexpired term of the director's predecessor in office. (d) Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated, or appointed and qualifies, or until there is a decrease in the number of directors. 14-3-806. The articles or bylaws may provide for staggering the terms of directors by dividing the total number of directors into groups. The terms of office of the several groups need not be uniform. 14-3-807. (a) A director may resign at any time by delivering written notice to the board of directors, its presiding officer, or to the president or secretary, or in such other manner as the articles or bylaws may provide. (b) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. 14-3-808. Unless the corporation's articles or bylaws provide otherwise: (1) The members may remove, with or without cause, one or more directors elected by them; (2) If a director is elected by a class, chapter, or other organizational unit or by region or other geographic grouping, the director may be removed only by the members of that class, chapter, unit, or grouping;

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(3) Except as provided in paragraph (9) of this Code section, a director may be removed under paragraph (1) or (2) of this Code section only if the number of votes cast to remove the director would be sufficient to elect the director at a meeting to elect directors; (4) If cumulative voting is authorized, a director may not be removed if the number of votes, or if the director was elected by a class, chapter, unit, or grouping of members, the director may not be removed if the number of votes of that class, chapter, unit, or grouping, sufficient to elect the director under cumulative voting is voted against the director's removal; (5) A director elected by members may be removed by the members only at a meeting called for the purpose of removing the director and the meeting notice must state that the purpose, or one of the purposes, of the meeting is removal of the director; (6) In computing whether a director is protected from removal under paragraphs (2) through (4) of this Code section, it should be assumed that the votes against removal are cast in an election for the number of directors of the class to which the director to be removed belonged on the date of that director's election; (7) An entire board of directors may be removed under paragraphs (1) through (5) of this Code section; (8) A director elected by the board may be removed with or without cause by the vote of two-thirds of the directors then in office; provided, however, that a director elected by the board to fill the vacancy of a director elected by the members may be removed without cause by the members, but not the board; and (9) If, at the beginning of a director's term on the board, the articles or bylaws provide that the director may be removed for missing a specified number of board meetings, the board may remove the director for failing to attend the specified number of meetings. The director may be

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removed only if a majority of the directors then in office vote for the removal. 14-3-809. (a) A designated director may be removed by an amendment to the articles or bylaws deleting or changing the designation. (b) Except as otherwise provided in the articles or bylaws: (1) An appointed director may be removed without cause by the person appointing the director; (2) The person removing the director shall do so by giving written notice of the removal to the director and either the presiding officer of the board or the corporation's president or secretary; and (3) A removal is effective when the notice is effective unless the notice specifies a future effective date. 14-3-810. (a) The superior court may remove any director of the corporation from office in a proceeding commenced either by the corporation, its members holding at least 10 percent of the voting power of any class, or, in the case of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, the Attorney General, if the court finds that: (1) The director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion, with respect to the corporation, or a final judgment has been entered finding that the director has violated a duty set forth in Code Section 14-3-830 or 14-3-831, or the director has been subjected to sanction for participation in a `director's conflicting interest transaction' as defined in paragraph (2) of Code Section 14-3-860; and (2) Removal is in the best interest of the corporation. (b) The court that removes a director may bar the director from serving on the board for a period prescribed by the court.

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(c) If members or the Attorney General commence a proceeding under subsection (a) of this Code section, the corporation shall be made a party defendant. 14-3-811. (a) Unless the articles or bylaws provide otherwise, and except as provided in subsections (b) and (c) of this Code section, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors: (1) The members, if any, may fill the vacancy; if the vacant office was held by a director elected by a class, chapter, or other organizational unit or by region or other geographic grouping, only members of the class, chapter, unit, or grouping are entitled to vote to fill the vacancy if it is filled by the members; (2) The board of directors may fill the vacancy; or (3) If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office. (b) Unless the articles or bylaws provide otherwise, if a vacant office was held by an appointed director, only the person who appointed the director may fill the vacancy. (c) If a vacant office was held by a designated director, the vacancy shall be filled as provided in the articles or bylaws. In the absence of an applicable article or bylaw provision, the vacancy may not be filled by the board. (d) A vacancy that will occur at a specific later date (by reason of a resignation effective at a later date under subsection (b) of Code Section 14-3-807 or otherwise) may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs. 14-3-812. Unless the articles or bylaws provide otherwise, a board of directors may fix the compensation of directors.

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14-3-813. (a) If the directors of a corporation are deadlocked in the management of the corporate affairs and the members are unable to break the deadlock and if injury to the corporation is being suffered or is threatened by reason thereof, the superior court may, notwithstanding any provisions of the articles of incorporation or bylaws of the corporation to the contrary and whether or not an action is pending for an involuntary dissolution of the corporation, appoint a provisional director pursuant to this Code section. (b) Action for such appointment may be filed by one-half of the directors or by members holding not less than one-third of all the votes entitled to be cast in an election of directors. Notice of such action shall be served upon the directors, other than those who have filed the action, and upon the corporation in the manner provided by law for service of a summons and complaint, and a hearing shall be held not less than ten days after such service is effected. At such hearing all interested persons shall be given an opportunity to be heard. (c) The provisional director shall be an impartial person who is neither a member nor a creditor of the corporation nor related by consanguinity or affinity within the third degree, as computed according to the civil law, to any of the other directors of the corporation or to any judge of the court by which he is appointed. The provisional director shall have all the rights and powers of a director and shall be entitled to notice of the meetings of the board of directors and to vote at such meetings until he is removed by order of the court or by vote or written consent of a majority of the directors or of members holding a majority of the votes entitled to be cast in an election of directors. He shall be entitled to receive such compensation as may be agreed upon between him and the corporation; and, in the absence of such agreement, he shall be entitled to such compensation as shall be fixed by the court. Part 2 14-3-820. (a) A board of directors may hold regular or special meetings in or out of this state. (b) Unless the articles or bylaws provide otherwise, a board may permit any or all directors to participate in a regular

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or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting. 14-3-821. (a) Unless the articles or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors' meeting may be taken without a meeting if the action is taken in accordance with subsection (b) of this Code Section. (b) Action taken without a meeting shall be taken by all members of the board, unless the articles or bylaws specifically permit such action to be taken by less than all, but not less than a majority of the board. The action must be evidenced by one or more written consents describing the action taken, signed by no fewer than the required number of directors, and delivered to the corporation for inclusion in the minutes for filing with the corporate records reflecting the action taken. (c) Action taken under this Code section is effective when the last director signs the consent, unless the consent specifies a different effective date. (d) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. 14-3-822. (a) Unless the articles or bylaws provide otherwise, regular meetings of the board may be held without notice of the date, time, place, and purpose of the meeting. (b) Unless the articles or bylaws provide otherwise, special meetings of the board must be preceded by at least two days' notice to each director of the date, time, and place, but not the purpose, of the meeting. 14-3-823. (a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing, signed by the director entitled to the notice, and

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delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A director's attendance at or participation in a meeting waives any required notice to him of the meeting unless the director at the beginning of the meeting (or promptly upon his arrival) objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting. 14-3-824. (a) Except as otherwise provided in this chapter, the articles, or the bylaws, a quorum of a board of directors consists of: (1) A majority of the fixed number of directors if the corporation has a fixed board size; or (2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a variable-range size board. (b) The articles or bylaws may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors determined under subsection (a) of this Code section. (c) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors unless this chapter, the articles, or the bylaws require the vote of a greater number of directors. (d) A director who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless: (1) The director objects at the beginning of the meeting (or promptly upon arrival) to holding it or transacting business at the meeting; (2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or

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(3) The director delivers written notice of the director's dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. 14-3-825. (a) Unless the articles or bylaws provide otherwise, a board of directors may create one or more committees of the board and appoint members of the board to serve on them. Each committee shall have one or more directors, who serve at the pleasure of the board. (b) If authorized by the articles or bylaws, the board or, if there are members entitled to elect directors, the members may appoint individuals who are not currently members of the board, but who formerly were members of the board of the corporation, as voting members of committees of the board. All provisions of this article applicable to directors shall apply equally to such individuals. (c) Code Sections 14-3-820 through 14-3-824, which govern meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements of the board, apply to committees and their members as well. (d) To the extent specified by the board of directors or in the articles or bylaws, each committee of the board may exercise the board's authority under Code Section 14-3-801. (e) A committee may not, however: (1) Authorize distributions; (2) Approve or recommend to members dissolution, merger, or the sale, pledge, or transfer of all or substantially all of the corporation's assets; (3) Elect, appoint, or remove directors or fill vacancies on the board or on any of its committees; or (4) Adopt, amend, or repeal the articles or bylaws.

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(f) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in Code Section 14-3-830. Part 3 14-3-830. Unless a different standard is prescribed by law: (1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee: (A) In a manner the director believes in good faith to be in the best interests of the corporation; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; (2) In discharging his or her duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; (C) A committee of the board of which the director is not a member, as to matters within its jurisdiction, if the director reasonably believes the committee merits confidence; or (D) Religious authorities, ministers, priests, rabbis, or other persons whose positions or duties in the corporation the director believes justify reliance and

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confidence and whom the director believes to be reliable and competent in the matters presented; (3) In the instances described in paragraph (2) of this Code section, a director is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (2) of this Code section unwarranted; (4) A director is not liable to the corporation, any member, or any other person for any action taken or not taken as a director if the director acted in compliance with this Code section; and (5) A director shall not be deemed to be a trustee with respect to the corporation or with respect to any property held or administered by the corporation, including, without limit, property that may be subject to restrictions imposed by the donor or transferor of such property. 14-3-831. (a) Unless a director complies with the applicable standards of conduct described in Code Section 14-3-830, a director who votes for or assents to a distribution made in violation of this chapter is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating this chapter. (b) A director held liable for an unlawful distribution under subsection (a) of this Code section is entitled to contribution: (1) From every other director who voted for or assented to the distribution without complying with the applicable standards of conduct described in Code Section 14-3-830; and (2) From each person who received an unlawful distribution for the amount of the distribution whether or not the person receiving the distribution knew it was made in violation of this chapter.

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Part 4 14-3-840. (a) A corporation has the officers described in its articles or bylaws or appointed by the board of directors in accordance with the articles or bylaws. (b) A duly appointed officer may appoint one or more officers or assistant officers if authorized by the articles or bylaws or the board of directors. (c) The articles, bylaws, or the board shall delegate to one of the officers responsibility for preparing minutes of the directors' and members' meetings and for authenticating records of the corporation. (d) Unless otherwise provided in the articles or bylaws, the same individual may simultaneously hold more than one office in a corporation. (e) The officers of a corporation may be designated by such titles as may be provided in the articles or the bylaws; and in such case any document required or permitted by any law of this state to be signed by the president, secretary, or any other named officer of a corporation may be signed by such officer as may be stated in such document to correspond to the officer so required or permitted to sign. 14-3-841. Each officer has the authority and shall perform the duties set forth in the articles or bylaws or, to the extent consistent with the articles or bylaws, the duties and authority prescribed by the board or by direction of an officer authorized by the board to prescribe the duties and authority of other officers. 14-3-842. Unless a different standard is prescribed by law: (1) An officer with discretionary authority shall discharge his duties under that authority: (A) In a manner he believes in good faith to be in the best interests of the corporation; and

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(B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; (2) In discharging his duties an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence; (3) In the instances described in paragraph (2) of this Code section, an officer is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (2) of this Code section unwarranted; and (4) An officer is not liable to the corporation, any member, or other person for any action taken or not taken as an officer, if the officer performed the duties of his office in compliance with this Code section. 14-3-843. (a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date. (b) A board may remove any officer at any time with or without cause. (c) Unless otherwise provided in the articles or bylaws, any vacancies in the corporation's officers may be filled by the board.

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14-3-844. (a) The appointment of an officer does not itself create contract rights. (b) An officer's removal does not affect the officer's contract rights, if any, with the corporation. An officer's resignation does not affect the corporation's contract rights, if any, with the officer. 14-3-845. Any contract or other instrument in writing executed or entered into between a corporation and any other person is not invalidated as to the corporation by any lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the contract or other instrument if it is signed by any two officers in category 1 below or by one officer in category 1 below and one officer in category 2 below. Categories shall be as follows: (1) Category 1 shall consist of the presiding officer of the board and the president; and (2) Category 2 shall consist of a vice president, the secretary, the treasurer, and the executive director. The absence of the signature of such persons from a document shall not itself impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. 14-3-846. (a) With respect to any contract, conveyance, or similar document executed by or on behalf of a domestic or foreign corporation, the presence of the corporate seal, or a facsimile thereof, attested by the secretary or assistant secretary of the corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, shall attest: (1) That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be; (2) That any officer of the corporation executing the document does in fact occupy the official position indicated, that one in such position is duly authorized to execute such

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document on behalf of the corporation, and that the signature of such officer subscribed thereto is genuine; and (3) That the execution of the document on behalf of the corporation has been duly authorized. (b) When the seal of a corporation or the facsimile thereof is affixed to any document and is attested by the secretary or assistant secretary of a corporation, or other officer to whom the bylaws or the directors have delegated the responsibility for authenticating records of the corporation, a third party without knowledge or reason to know to the contrary may rely on such document as being what it purports to be. (c) The seal of the corporation may be affixed to any document executed by the corporation, but the absence of the seal shall not itself impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. Part 5 14-3-850. As used in this part, the term: (1) `Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. (2) `Director' means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic business or nonprofit corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise. A director is considered to be serving an employee benefit plan at the corporation's request if the director's duties to the corporation also impose duties on, or otherwise involve services by, the director to the plan or to participants in or beneficiaries of the plan. `Director' includes, unless the context requires otherwise, the estate or personal representative of a director.

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(3) `Expenses' include counsel fees. (4) `Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses actually incurred with respect to a proceeding. (5) `Party' includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. (6) `Proceeding' means any threatened, pending, or completed action, suit, or proceeding whether civil, criminal, administrative, or investigative and whether formal or informal. 14-3-851. (a) Except as provided in subsection (d) or (e) of this Code section, a corporation may indemnify or obligate itself to indemnify an individual made a party to a proceeding because the individual is or was a director against liability incurred in the proceeding if the individual acted in a manner he believed in good faith to be in or not opposed to the best interests of the corporation and, in the case of any criminal proceeding, the individual had no reasonable cause to believe the individual conduct was unlawful. (b) A director's conduct with respect to an employee benefit plan for a purpose the director believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirements of subsection (a) of this Code section. (c) The termination of a proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this Code section. (d) A corporation may not indemnify a director under this Code section:

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(1) In connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or (2) In connection with any other proceeding in which the director was adjudged liable on the basis that personal benefit was improperly received by the director. (e) Indemnification permitted under this Code section in connection with a proceeding by or in the right of the corporation is limited to reasonable expenses incurred in connection with the proceeding. 14-3-852. Unless limited by its articles of incorporation, to the extent that a director has been successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party, or in the defense of any claim, issue, or matter therein, because the director is or was a director of the corporation, the corporation shall indemnify the director against reasonable expenses incurred by the director in connection therewith. 14-3-853. (a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (1) The director furnishes the corporation a written affirmation of the director's good faith belief that the director has met the standard of conduct described in subsection (a) of Code Section 14-3-851; and (2) The director furnishes the corporation a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that the director is not entitled to indemnification under this part. (b) The undertaking required by paragraph (2) of subsection (a) must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.

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14-3-854. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification or advances of expenses to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court, after giving any notice the court considers necessary, may order indemnification or advances for expenses in the amount it considers proper if it determines: (1) The director is entitled to mandatory indemnification under Code Section 14-3-852, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court-ordered indemnification; (2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the director met the standard of conduct set forth in subsection (a) of Code Section 14-3-851 or was adjudged liable as described in subsection (d) of Code Section 14-3-851, but if the director was adjudged so liable, indemnification is limited to reasonable expenses incurred, unless the articles or bylaws provide otherwise; or (3) In the case of advances for expenses, the director is entitled, pursuant to the articles of incorporation, bylaws, or any applicable resolution or agreement to payment or reimbursement of the director's reasonable expenses incurred as a party to a proceeding in advance of final disposition of the proceeding. 14-3-855. (a) A corporation may not indemnify a director under Code Section 14-3-851 unless authorized thereunder and a determination has been made in the specific case that indemnification of the director is permissible in the circumstances because the director has met the standard of conduct set forth in subsection (a) of Code Section 14-3-851. (b) The determination shall be made: (1) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding;

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(2) If a quorum cannot be obtained under paragraph (1) of this subsection, by majority vote of a committee duly designated by the board of directors (in which designation directors who are parties may participate), consisting solely of two or more directors not at the time parties to the proceeding; (3) By special legal counsel: (A) Selected by the board of directors or its committee in the manner prescribed in paragraph (1) or (2) of this subsection; or (B) If a quorum of the board cannot be obtained under paragraph (1) of this subsection and a committee cannot be designated under paragraph (2) of this subsection, selected by majority vote of the full board, in which selection directors who are parties may participate; or (4) By the members, but directors who are at the time parties to the proceeding may not vote as members on the determination. (c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph (3) of subsection (b) of this Code section to select counsel. 14-3-856. Unless a corporation's articles of incorporation provide otherwise: (1) An officer of the corporation who is not a director is entitled to mandatory indemnification under Code Section 14-3-852 and is entitled to apply for court-ordered indemnification under Code Section 14-3-854, in each case to the same extent as a director; and

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(2) A corporation may also indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract. 14-3-857. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic business or nonprofit corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise against liability asserted against or incurred by the individual in that capacity or arising from the individual's status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify the individual against the same liability under Code Section 14-3-851 or 14-3-852. 14-3-858. (a) A provision treating a corporation's indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of its members or board of directors, or in a contract or otherwise is valid only if and to the extent the provision is consistent with this part. Any such provision existing on the date this part becomes effective shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles. (b) This part does not limit a corporation's power to pay or reimburse expenses incurred by a director in connection with appearing as a witness in a proceeding at a time when the director has not been made a named defendant or respondent to the proceeding. (c) The provisions of this part may be incorporated by reference into a corporation's articles of incorporation, bylaws, or a resolution of its members or board of directors. In such

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case, any such provision shall subsequently be deemed amended to conform with any amendments to this part, unless such provision otherwise expressly provides. Part 6 14-3-860. As used in this part, the term: (1) `Conflicting interest' with respect to a corporation means the interest a director of the corporation has respecting a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) if: (A) Whether or not the transaction is brought before the board of directors of the corporation for action, to the knowledge of the director at the time of commitment the director or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the director or a related person that it would reasonably be expected to exert an influence on the director's judgment if the director were called upon to vote on the transaction; or (B) The transaction is brought (or is of such character and significance to the corporation that it would in the normal course be brought) before the board of directors of the corporation for action, and to the knowledge of the director at the time of commitment any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the director's judgment if the director were called upon to vote on the transaction: (i) an entity (other than the corporation) of which the director is a director, general partner, agent, or employee; (ii) a person that controls one or more of the entities specified in division (i) of this subparagraph or an entity that is controlled by, or is under common control with, one or more of the entities specified in

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division (i) of this subparagraph; or (iii) an individual who is a general partner, principal, or employer of the director. (2) `Director's conflicting interest transaction' with respect to a corporation means a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) respecting which a director of the corporation has a conflicting interest. (3) `Related person' of a director means: (A) The spouse (or a parent or sibling thereof) of the director or a child, grandchild, sibling, parent (or spouse of any thereof), or an individual having the same home as the director, or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or (B) A trust, estate, incompetent, conservatee, or minor of which the director is a fiduciary. (4) `Required disclosure' means disclosure by the director who has a conflicting interest of (A) the existence and nature of the director's conflicting interest, and (B) all facts known to the director respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment as to whether or not to proceed with the transaction. (5) `Time of commitment' respecting a transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the corporation (or its subsidiary or the entity in which it has a controlling interest) becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage. 14-3-861. (a) A transaction effected or proposed to be effected by a corporation (or by a subsidiary of the corporation or by any other entity in which the corporation has a controlling interest) that is not a director's conflicting interest transaction

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may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action under the laws of this state by a member or by or in the right of the corporation or any other person who otherwise has standing, on the ground of an interest in the transaction of a director or any person with whom or which he has a personal, economic, or other association. (b) A director's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action under the laws of this state by a member or by or in the right of the corporation or any other person who otherwise has standing, on the ground of an interest in the transaction of the director or any person with whom or which he has a personal, economic, or other association, if: (1) Directors' action respecting the transaction was at any time taken in compliance with Code Section 14-3-862; (2) Members' action respecting the transaction was at any time taken in compliance with Code Section 14-3-863; (3) Action by the superior court respecting the transaction was at any time taken in compliance with Code Section 14-3-864; or (4) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation. 14-3-862. (a) Directors' action respecting a transaction is effective for purposes of paragraph (1) of subsection (b) of Code Section 14-3-861 if the transaction received the affirmative vote of a majority (but not less than two) of those qualified directors on the board of directors or on a duly empowered committee thereof who voted on the transaction after either required disclosure to them (to the extent the information was not known by them) or compliance with subsection (b) of this Code section. (b) If a director has a conflicting interest respecting a transaction, but neither he nor a related person of the director specified in subparagraph (A) of paragraph (3) of Code Section

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14-3-860 is a party thereto, and if the director has a duty under law or professional canon, or a duty of confidentiality to another person, respecting information relating to the transaction such that the director cannot, consistent with that duty, make the disclosure contemplated by subparagraph (B) of paragraph (4) of Code Section 14-3-860, then disclosure is sufficient for purposes of subsection (a) of this Code section if the director: (1) Discloses to the directors voting on the transaction the existence and nature of his conflicting interest and informs them of the character of and limitations imposed by that duty prior to their vote on the transaction; and (2) Plays no part, directly or indirectly, in their deliberations or vote. (c) A majority (but not less than two) of all the qualified directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that complies with this Code section. Directors' action that otherwise complies with this Code section is not affected by the presence or vote of a director who is not a qualified director. (d) For purposes of this Code section, `qualified director' means, with respect to a director's conflicting interest transaction, any director who does not have either (1) a conflicting interest respecting the transaction or (2) a familial, financial, professional, or employment relationship with a second director who does have a conflicting interest respecting the transaction, which relationship would, in the circumstances, reasonably be expected to exert an influence on the first director's judgment when voting on the transaction. 14-3-863. (a) Members' action respecting a transaction is effective for purposes of paragraph (2) of subsection (b) of Code Section 14-3-861 if a majority of the votes entitled to be cast by all qualified members were cast in favor of the transaction after (1) notice to members describing the director's conflicting interest transaction, (2) provision of the information referred to in subsection (d) of this Code section, and (3) required disclosure to the members who voted on the transaction (to the extent the information was not known by them).

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(b) For purposes of this Code section, `qualified members' means any members entitled to vote with respect to a director's conflicting interest transaction except the director and members that, to the knowledge, before the vote, of the secretary (or other officer or agent of the corporation authorized to tabulate votes) are a related person of the director. (c) A majority of the votes entitled to be cast by all qualified members constitutes a quorum for purposes of action that complies with this Code section. Subject to the provisions of subsection (d) of this Code section, members' action that otherwise complies with this Code section is not affected by the presence of, or the voting by, members that are not qualified members. (d) For purposes of compliance with subsection (a) of this Code section, a director who has a conflicting interest respecting the transaction shall, before the members' vote, inform the secretary (or other officer or agent of the corporation authorized to tabulate votes) of the identity of all members that to the knowledge of the director are related persons of the director. (e) If a members' vote does not comply with subsection (a) of this Code section solely because of a failure of a director to comply with subsection (d) of this Code section, and if the director establishes that this failure did not determine and was not intended by him to influence the outcome of the vote, the court may, with or without further proceedings respecting paragraph paragraph (3) of subsection (b) of Code Section 14-3-861, take such action respecting the transaction and the director, and give such effect, if any, to the members' vote, as it considers appropriate in the circumstances. 14-3-864. In a case involving a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302, a transaction that was not the subject of either directors' action under Code Section 14-3-862 or members' action under Code Section 14-3-863 is effective for purposes of paragraph (3) subsection (b) of Code Section 14-3-861 if the transaction is approved by the superior court, in an action in which the Attorney General is joined as a party.

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14-3-865. (a) As used in this Code section, the term: (1) `Officer' means a person who is not a director and who is holding an office described in the bylaws of the corporation or appointed by the board of directors in accordance with the bylaws of the corporation. (2) `Officer's conflicting interest transaction' means any transaction, other than a director's conflicting interest transaction as defined in paragraph (2) of Code Section 14-3-860, between a corporation (or a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) and one or more of its officers or between a corporation and a related person of an officer. (3) `Related person' of an officer shall have the same meaning with respect to an officer that this term has with respect to a director in paragraph (3) of Code Section 14-3-860. (4) `Required disclosure' with respect to an officer shall have the same meaning as this term has with respect to a director in paragraph (4) of Code Section 14-3-860. (5) `Time of commitment' shall have the same meaning as in paragraph (5) of Code Section 14-3-860. (b) No officer's conflicting interest transaction shall be void or voidable solely because the officer is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction. (c) An officer's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a member or by or in the right of the corporation, on the ground of an interest in the transaction of the officer or any person with whom or which he has a personal, economic, or other association, if: (1) The transaction was approved by the board of directors after required disclosure;

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(2) The transaction was approved by the members after required disclosure; (3) The action was approved by the superior court in an action to which the Attorney General was a party; or (4) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation. ARTICLE 9 RESERVED ARTICLE 10 Part 1 14-3-1001. A corporation may amend its articles of incorporation at any time to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment. 14-3-1002. If a corporation has no members or no members entitled to vote thereon, its incorporators until directors have been chosen and thereafter its board of directors may adopt one or more amendments to the corporation's articles subject to any approval required pursuant to Code Sections 14-3-1030 and 14-3-1041. 14-3-1003. If the articles or bylaws require a vote of the members: (1) Unless the articles provide otherwise, a corporation's board of directors may adopt one or more of the following amendments to the corporation's articles without member action: (A) To extend the duration of the corporation if it was incorporated at a time when limited duration was required by law; (B) To delete the names and addresses of the initial directors;

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(C) To delete the name and address of the initial registered agent or registered office, if an annual registration is on file with the Secretary of State; (D) To change the corporate name; or (E) To make any other change expressly permitted by this chapter to be made without member action; (2) If there are members required to vote thereon, to adopt an amendment to a corporation's articles: (A) The board of directors must recommend the amendment to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the members with the amendment; (B) Unless this chapter, the articles, the bylaws, the members (acting pursuant to paragraph (3) of this Code section), or the board of directors (acting pursuant to paragraph (4) of this Code section) require a greater vote or voting by class, the members entitled to vote on the amendment must approve the amendment by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (C) Any person or persons whose approval is required by a provision of the articles or bylaws authorized by Code Section 14-3-1030 or 14-3-1041 must approve the amendment in writing; (3) The members may condition the amendment's adoption on any basis; (4) The board may condition its submission of the proposed amendment on any basis; (5) The corporation shall give notice to its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must state that the purpose, or one of the purposes, of the meeting is to consider

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the proposed amendment and contain or be accompanied by a copy or summary of the amendment; and (6) If the amendment is submitted to the members for approval by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the amendment. 14-3-1004. If the articles or bylaws provide for voting by classes of members, then unless the articles or bylaws provide otherwise: (1) The members of a class are entitled to vote as a class on a proposed amendment to the articles if the amendment would change the rights of that class as to voting in a different manner than such amendment would affect another class or members of another class; (2) If a class is to be divided into two or more classes as a result of an amendment to the articles, the amendment must be approved by the members of each class that would be created by the amendment; and (3) If a class vote is required to approve an amendment to the articles, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less. 14-3-1005. A corporation amending its articles shall deliver to the Secretary of State for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) The date of each amendment's adoption; (4) If approval of members was not required, a statement to that effect and a statement that the amendment was approved by a sufficient vote of the board of directors or incorporators;

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(5) If approval by members was required, a statement that the amendment was duly approved by the members in accordance with the provisions of Code Section 14-3-1003; and (6) If approval of the amendment by some person or persons other than the members, the board, or the incorporators is required pursuant to Code Section 14-3-1030 or 14-3-1041, a statement that the approval was obtained. 14-3-1005.1. (a) Together with any articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation, 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. (b) Prior to filing any articles of amendment which change the name of the corporation, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is the newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF CHANGE OF CORPORATE NAME `Notice is given that articles of amendment which will change the name of..... (present corporate name) to..... (proposed corporate 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).'

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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. 14-3-1006. (a) A corporation's board of directors may restate its articles of incorporation at any time with or without approval by members or any other person. (b) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring approval by the members or any other person, it must be adopted as provided in Code Section 14-3-1003, 14-3-1030, or 14-3-1041. (c) If the board seeks to have the restatement approved by the members at a membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles. (d) If the board seeks to have the restatement approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the restatement that identifies any amendments or other change it would make in the articles. (e) A corporation restating its articles shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth:

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(1) Whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or (2) If the restatement contains an amendment to the articles requiring approval by the members, the information required by Code Section 14-3-1005; and (3) If the restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Code Sections 14-3-1030 and 14-3-1041, a statement that such approval was obtained. (f) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them. (g) The Secretary of State may certify restated articles of incorporation, as the articles of incorporation currently in effect, without including the certificate information required by subsection (e) of this Code section. 14-3-1007. (a) A corporation's articles may be amended without board approval or approval by the members or approval required pursuant to Code Section 14-3-1030 or 14-3-1041 to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles after amendment contain only provisions required or permitted by Code Section 14-3-202. (b) The individual or individuals designated by the court shall deliver to the Secretary of State articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment approved by the court; (3) The date of the court's order or decree approving the articles of amendment;

Page 545

(4) The title of the reorganization proceeding in which the order or decree was entered; and (5) A statement that the court had jurisdiction of the proceeding under federal statute. (c) This Code section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. 14-3-1008. An amendment to the articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, any requirement or limitation imposed upon the corporation or any property held by it by virtue of any trust upon which such property is held by the corporation, or the existing rights of persons other than members of the corporation. An amendment changing a corporation's name does not abate a proceeding brought by or against the corporation in its former name. Part 2 14-3-1020. If a corporation has no members or no members entitled to vote thereon, its incorporators until the organizational meeting of directors and thereafter its board of directors may adopt one or more amendments to the corporation's bylaws subject to any approval required pursuant to Code Sections 14-3-1030 and 14-3-1041. 14-3-1021. (a) To adopt an amendment to a corporation's bylaws if there are members required to vote thereon: (1) The board of directors must recommend the amendment to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the members with the amendment; (2) Unless this chapter, the articles, the bylaws, the members (acting pursuant to subsection (b) of this Code

Page 546

section), or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or voting by class, the members entitled to vote on the amendment must approve the amendment by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (3) Any person or persons whose approval is required by a provision of the articles or bylaws authorized by Code Section 14-3-1030 or 14-3-1041 must approve the amendment in writing. (b) The members may condition the amendment's adoption on any basis. (c) The board may condition its submission of the proposed amendment on any basis. (d) The corporation shall give notice to its members of the proposed membership meeting in writing in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary of the amendment. (e) If the amendment is submitted to the members for approval by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the amendment. 14-3-1022. If the articles or bylaws provide for voting by classes of members, then unless the articles or bylaws provide otherwise: (1) The members of a class are entitled to vote as a class on a proposed amendment to the bylaws if the amendment would change the rights of that class as to voting in a different manner than such amendment would affect another class or members of another class. (2) If a class is to be divided into two or more classes as a result of an amendment to the bylaws, the amendment

Page 547

must be approved by the members of each class that would be created by the amendment; and (3) If a class vote is required to approve an amendment to the bylaws, the amendment must be approved by the members of the class by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less. Part 3 14-3-1030. The articles or the bylaws may require an amendment to the articles or bylaws to be approved in writing by a specified person or persons other than the board. Such an article or bylaw provision may only be amended with the approval in writing of such person or persons. Part 4 14-3-1040. A corporation organized under this chapter may amend its articles of incorporation to provide that the corporation shall operate as a for profit business corporation. 14-3-1041. (a) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may amend its articles of incorporation as provided in Code Section 14-3-1040 only: (1) Upon the prior approval of the superior court in a proceeding in which the Attorney General has been given notice; or (2) If on or before the effective date of the amendment: (A) Assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including goodwill) of the corporation, or the fair market value of the corporation if it were to be operated as a business concern, are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;

Page 548

(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the amendment, in accordance with such condition; and (C) The amendment is approved by a majority of the directors of the corporation who are not and will not become shareholders in, or officers, employees, agents, or consultants of the corporation following the effective date of the amendment. (b) At least 30 days before the filing of any amendment described in Code Section 14-3-1040 by a corporation described in subsection (a) of this Code section, notice of the proposed amendment shall be delivered to the Attorney General. (c) Without the prior written consent of the superior court in a proceeding of which the Attorney General has been given notice, no member of a corporation described in subsection (a) of this Code section may receive or keep anything as a result of an amendment described in Code Section 14-3-1040. The court shall approve the transaction if it is in the public interest. 14-3-1042. From and after the effective date of any amendment described in Code Section 14-3-1040, the corporation shall be subject to and governed by the provisions of Chapter 2 of this title, the `Georgia Business Corporation Code.' ARTICLE 11 14-3-1101. (a) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonprofit corporations may merge into a business or nonprofit corporation if the plan of merger is approved as provided in Code Section 14-3-1103. (b) The plan of merger must set forth: (1) The name of each corporation planning to merge and the name of the surviving corporation into which each plans to merge;

Page 549

(2) The terms and conditions of the planned merger; and (3) The manner and basis, if any, of converting the memberships of each corporation into memberships of the surviving corporation. (c) The plan of merger may set forth: (1) Any amendments to the articles of incorporation or bylaws of the surviving corporation to be effected by the planned merger; and (2) Other provisions relating to the planned merger. 14-3-1102. (a) Without the prior approval of the superior court in a proceeding of which the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a domestic or foreign corporation or business corporation, provided that: (1) The corporation which is the surviving corporation is a corporation described in paragraph (2) of subsection (a) in Code Section 14-3-1302 after the merger; or (2) (A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including good will) of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved; (B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the corporation who are not and will not

Page 550

become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation. (b) At least 30 days before consummation of any merger of a corporation pursuant to paragraph (2) of subsection (a) of this Code section, notice, including a copy of the proposed plan of merger, must be delivered to the Attorney General. (c) Without the prior approval of the superior court in a proceeding in which the Attorney General has been given notice, no member of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may receive or keep anything as a result of a merger other than membership in the surviving corporation. The court shall approve the transaction if it is in the public interest. 14-3-1103. (a) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting pursuant to subsection (c) of this Code section) require a greater vote or voting by class, a plan of merger to be adopted must be approved: (1) By the board; (2) By the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws. (b) If the corporation does not have members, the merger must be approved by a majority of the directors in office at the time the merger is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with subsection (b) of Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed merger. (c) The board may condition its submission of the proposed merger, and the members may condition their approval

Page 551

of the merger, on receipt of a higher percentage of affirmative votes or on any other basis. (d) If the board seeks to have the plan approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger and contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect. (e) If the board seeks to have the plan approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan. The copy or summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect. (f) Voting by a class of members is required on a plan of merger if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation or bylaws, would entitle the class of members to vote as a class on the proposed amendment under Code Section 14-3-1004 or 14-3-1022. The plan is approved by a class of members by two-thirds of the votes cast by the class or a majority of the voting power of the class, whichever is less. (g) After a merger is adopted, and at any time before articles of merger are filed, the planned merger may be abandoned (subject to any contractual rights) without further action by members or other persons who approved the plan in accordance

Page 552

with the procedure set forth in the plan of merger or, if none is set forth, in the manner determined by the board of directors. 14-3-1104. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation shall deliver to the Secretary of State articles of merger setting forth: (1) The plan of merger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) If approval by members was required: (A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and (5) The merging corporation shall deliver the articles of merger 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 the notice to the publisher of the newspaper shall be in substantially the following form:

Page 553

`NOTICE OF MERGER Notice is given that articles or a certificate of merger 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 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).' (b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation may file a certificate of merger which sets forth: (1) The name and state of incorporation of each corporation which is merging and the name of the surviving corporation into which each other corporation is merging; (2) Any amendments to the articles of incorporation of the surviving corporation; (3) That the executed plan of merger is on file at the principal place of business of the surviving corporation, stating the address thereof; (4) That a copy of the plan of merger will be furnished by the surviving corporation, on request and without cost, to any shareholder of any corporation that is a party to the merger; (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 was required, a statement that the merger was duly approved by the shareholders.

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(c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed. 14-3-1105. 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 subject to any and all conditions to which the property was subject prior to the merger; (3) The surviving corporation has all liabilities and obligations 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; and (5) The articles of incorporation and bylaws of the surviving corporation are amended to the extent provided in the plan of merger. 14-3-1106. (a) Except as provided in Code Section 14-3-1102, one or more foreign business or nonprofit corporations may merge with one or more domestic nonprofit corporations if: (1) The merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger; (2) The foreign corporation complies with Code Section 14-3-1104 if it is the surviving corporation of the merger; and

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(3) Each domestic nonprofit corporation complies with the applicable provisions of Code Sections 14-3-1101 through 14-3-1103 and, if it is the surviving corporation of the merger, with Code Section 14-3-1104. (b) Upon the merger taking effect, the surviving corporation, if it does not have a registered agent in this state, shall be deemed to have appointed the Secretary of State as its registered agent for service of process in a proceeding to enforce any obligation of a domestic corporation party to the merger, until such time as it appoints a registered agent in this state. 14-3-1107. Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituent corporation and that takes effect or remains payable after the merger, inures to the surviving corporation unless the will or other instrument otherwise specifically provides. ARTICLE 12 14-3-1201. Unless otherwise provided by this chapter, the articles, or bylaws, a corporation may on the terms and conditions, for the consideration determined by the board of directors, and without the approval of the members or any other person: (1) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property in the usual and regular course of its activities; or (2) Mortgage, pledge, dedicate to the repayment of indebtedness (whether with or without recourse), or otherwise encumber any or all of its property whether or not in the usual and regular course of its activities. 14-3-1202. (a) A corporation may sell, lease, exchange, or otherwise dispose of all, or substantially all, of its property (with or without the good will) other than in the usual and regular course of its activities on the terms and conditions and for the consideration determined by the corporation's board if the proposed transaction is authorized by subsection (b) of this Code section.

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(b) Unless this chapter, the articles, the bylaws, or the board of directors or members (acting pursuant to subsection (d) of this Code section) require a greater vote or voting by class, the proposed transaction to be authorized must be approved: (1) By the board; (2) By the members by two-thirds of the votes cast or a majority of the voting power, whichever is less; and (3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-1030 for an amendment to the articles or bylaws. (c) If the corporation does not have members, the transaction must be approved by a vote of a majority of the directors in office at the time the transaction is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with subsection (b) of Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction. (d) The board may condition its submission of the proposed transaction, and the members may condition their approval of the transaction, on receipt of a higher percentage of affirmative votes or on any other basis. (e) If the corporation seeks to have the transaction approved by the members at a membership meeting, the corporation shall give notice to its members of the proposed membership meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, of the property or assets of the corporation and contain or be accompanied by a copy or summary of a description of the transaction.

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(f) If the board needs to have the transaction approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of a description of the transaction. (g) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 must give written notice to the Attorney General 30 days before it sells, leases, exchanges, or otherwise disposes of all, or substantially all, of its property if the transaction is not in the usual and regular course of its activities, unless said transaction is with another corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302. (h) After a sale, lease, exchange, or other disposition of property is authorized, the transaction may be abandoned, subject to any contractual rights, without further action by the members or any other person who approved the transaction in accordance with the procedure set forth in the resolution proposing the transaction or, if none is set forth, in the manner determined by the board of directors. ARTICLE 13 14-3-1301. Except as provided in Code Section 14-3-1302 and Article 14 of this chapter, a corporation shall not make any distributions. 14-3-1302. (a) A corporation may make distributions to the following: (1) Organizations (whether or not incorporated) that are organized and operated for the same or similar purposes as the distributing corporation; (2) Organizations (whether or not incorporated) that are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; or

Page 558

(3) A state or possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia. (b) Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his membership if, after the purchase is completed: (1) The corporation would be able to pay its debts as they become due in the normal course of business; and (2) The corporation's total assets would at least equal the sum of its liabilities. ARTICLE 14 Part 1 14-3-1401. A majority of the incorporators or initial directors of a corporation that has not admitted members entitled to vote on dissolution, has not commenced activities, and has no net assets may dissolve the corporation by delivering to the Secretary of State for filing articles of dissolution that set forth: (1) The name of the corporation; (2) The date of its incorporation; (3) That: (A) The corporation has not admitted members entitled to vote on dissolution; (B) The corporation has not commenced activities; or (C) The corporation has no net assets. (4) That no debt of the corporation remains unpaid; and

Page 559

(5) That a majority of the incorporators or initial directors authorized the dissolution. 14-3-1402. (a) A corporation's board of directors may propose dissolution for submission to the members, if there are members entitled to vote thereon. (1) For a proposal to dissolve to be adopted: (A) The board of directors must recommend dissolution to the members unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the members; and (B) The members entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this Code section. (2) The board of directors may condition its submission of the proposal for dissolution on any basis. (3) The corporation shall notify each member entitled to vote of the proposed members' meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation. (4) Unless the articles of incorporation, the bylaws, or the board of directors (acting pursuant to paragraph (2) of this subsection) requires a greater vote or vote by classes, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal. (5) If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. (b) Unless the articles of incorporation or bylaws requires a greater vote, if the corporation does not have members

Page 560

entitled to vote on dissolution, dissolution must be approved by a vote of a majority of the directors in office at the time the transaction is approved. In addition, the corporation shall provide notice of any directors' meeting at which such approval is to be obtained in accordance with Code Section 14-3-822. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolution of the corporation and contain or be accompanied by a copy or summary of the plan of dissolution. (c) The plan of dissolution shall conform to the requirements of Code Section 14-3-1403 and shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid. 14-3-1403. (a) A plan of dissolution providing for the distribution of assets shall be adopted by a corporation in the process of dissolution. (b) The plan of dissolution shall provide for distribution of assets as follows: (1) All liabilities and obligations of the corporation shall be paid and discharged, or adequate provisions shall be made therefor; (2) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance with such requirements; (3) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, trusts, societies, or organizations engaged in activities substantially similar to those of the dissolving corporation; (4) Other assets, if any, shall be distributed in accordance with the articles of incorporation and bylaws to the

Page 561

extent that the articles of incorporation or bylaws determine the distributive rights of members, or any class or classes of members, or provide for distribution to others; and (5) Any remaining assets may be distributed to such persons, trusts, societies, organizations, or domestic or foreign corporations as may be provided in the plan of dissolution. (c) A corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 shall comply with the following additional requirements: (1) It shall give the Attorney General written notice of its intent to dissolve at or before the time it delivers articles of dissolution to the Secretary of State; (2) It shall not transfer or convey any assets as part of the dissolution process until 30 days after it has given the written notice to the Attorney General required by paragraph (1) of this subsection; and (3) When all or substantially all of the assets of the corporation have been transferred or conveyed, it shall deliver to the Attorney General a list showing those (other than creditors) to whom the assets were transferred or conveyed. The list shall indicate the address of each person (other than creditors) who received assets and indicate what assets each received. 14-3-1404. Upon approval of a proposal for dissolution pursuant to Code Section 14-3-1402, the corporation shall begin dissolution by delivering to the Secretary of State for filing a notice of intent to dissolve setting forth: (1) The name of the corporation; (2) The date dissolution was authorized; and (3) If member approval was required for dissolution, a statement that dissolution was duly approved by the members

Page 562

in accordance with subsection (a) of Code Section 14-3-1402. 14-3-1404.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-3-1404, 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. (b) Prior to filing the notice of intent to dissolve provided for in Code Section 14-3-1404, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION Notice is given that a notice of intent to dissolve..... (name of corporation), a Georgia nonprofit corporation with its registered office at..... (address of registered office), will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code.' The notice may also include the information specified in Code Section 14-3-1408. The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation.

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14-3-1405. (a) A corporation may revoke its dissolution proceedings at any time prior to the filing of articles of dissolution. (b) Revocation of dissolution proceedings must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action by the board of directors alone, in which event the board of directors may revoke the dissolution without member action. (c) After the revocation of dissolution proceedings is authorized, the corporation may revoke the dissolution proceedings by delivering to the Secretary of State for filing a notice of revocation of intent to dissolve, together with a copy of its notice of intent to dissolve, that sets forth: (1) The name of the corporation; (2) The date that the revocation of dissolution proceedings was authorized; (3) If the corporation's board of directors or incorporators revoked the dissolution proceedings, a statement to that effect; (4) If the corporation's board of directors revoked the dissolution proceedings authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (5) If member action was required to revoke the dissolution proceedings, the information required by paragraph (3) of Code Section 14-3-1404. (d) Revocation of dissolution proceedings is effective when a notice of revocation of intent to dissolve is filed. (e) When the revocation of dissolution proceedings is effective, it relates back to and takes effect as of the effective date of the filing of the notice of intent to dissolve and the corporation resumes carrying on its business as if dissolution proceedings had never occurred.

Page 564

14-3-1406. A corporation that has filed a notice of intent to dissolve continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (1) Collecting its assets; (2) Disposing of its properties that will not be distributed in kind in accordance with the plan of dissolution; (3) Discharging or making provision for discharging its liabilities; (4) Distributing its remaining property among its members in accordance with the plan of dissolution; and (5) Doing every other act necessary to wind up and liquidate its business and affairs. 14-3-1407. (a) A corporation that has filed a notice of intent to dissolve may dispose of the known claims against it by following the procedure described in this Code section. (b) The corporation in dissolution shall notify its known claimants in writing of the dissolution proceedings at any time after the filing of the notice of intent to dissolve. The written notice must: (1) Describe information that must be included in a claim; (2) Provide a mailing address where a claim may be sent; (3) State the deadline, which may not be less than six months from the effective date of the written notice, by which the dissolved corporation must receive the claim; (4) State that the claim will be barred if not received by the deadline; and (5) State that the corporation will give notice of acceptance or rejection of all claims that are received in

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timely fashion within six months of the deadline for receipt of claims. (c) A claim against a corporation in dissolution is barred: (1) If a claimant who was given written notice under subsection (b) of this Code section does not deliver the claim to the dissolved corporation by the deadline; or (2) If a claimant whose claim was rejected by the dissolved corporation does not commence a proceeding to enforce the claim within one year from the effective date of the rejection notice. (d) For purposes of this Code section, the term `claim' does not include a contingent liability or a claim based on an event occurring after the filing of the notice of intent to dissolve. 14-3-1408. (a) A corporation that has filed a notice of intent to dissolve may include in the notice of its intent to dissolve published under Code Section 14-3-1404.1 a request that persons with claims against the corporation present them in accordance with subsection (b) of this Code section. (b) The request must: (1) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and (2) State that, except for claims that are contingent at the time of the filing of the notice of intent to dissolve or that arise after the filing of the notice of intent to dissolve, a claim against the corporation not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within two years after publication of the notice. (c) If a corporation that has filed a notice of intent to dissolve publishes a newspaper notice containing the information specified in subsection (b) of this Code section, all claims not otherwise barred will be barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation

Page 566

within two years after the publication date of the newspaper notice except: (1) Claims that are contingent at the time of the filing of the notice of intent to dissolve; and (2) Claims that arise after the filing of the notice of intent to dissolve. (d) If a corporation in dissolution publishes a newspaper notice containing the information specified in subsection (b) of this Code section, a claim against the corporation not otherwise barred of a claimant whose claim is contingent or based on an event occurring after the filing of the notice of intent to dissolve is barred against the corporation, its members, officers, directors, and distributees unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the date of filing of articles of dissolution or five years after the date of publication in accordance with subsection (b) of this Code section, whichever is later. (e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section: (1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a distributee of the corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a distributee's total liability for all claims under this Code section may not exceed the total amount of assets distributed to him. 14-3-1409. (a) If a notice of intent to dissolve under Code Section 14-3-1404 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:

Page 567

(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 in accordance with the plan of dissolution, or that such property and assets have been deposited with the Department of Administrative Services as provided in Code Section 14-3-1440; (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; and (6) A statement that, if required, it notified the Attorney General of its intent to dissolve. (b) Upon filing of articles of dissolution the corporation shall cease to exist, except for the purpose of actions or other proceedings, which may be brought against the corporation by service upon any of its last executive officers named in its last annual registration, and except for such actions as the members, directors, and officers take to protect any remedy, right, or claim on behalf of the corporation, or to defend, compromise, or settle any claim against the corporation, all of which may proceed in the corporate name. (c) Deeds or other transfer instruments requiring execution after the dissolution of a corporation may be signed by any two of the last officers or directors of the corporation and shall operate to convey the interest of the corporation in the real estate or other property described. 14-3-1410. (a) A corporation that has been dissolved by the expiration of its period of duration but which has continued in business notwithstanding the expiration may revive its corporate

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existence by amending its articles of incorporation at any time during a period of ten years immediately following the expiration date fixed by the articles of incorporation, so as to extend its period of duration. (b) If a corporation whose period of duration has expired has failed to revive its corporate existence within ten years of the expiration date fixed by its articles of incorporation as provided in subsection (a) of this Code section, the corporation may thereafter revive its corporate existence by amending its articles of incorporation so as to extend its period of duration at any time during the period beginning ten years and ending 20 years immediately following the expiration date fixed by its articles of incorporation and filing with the Secretary of State an affidavit attested by one or more of its officers or directors, stating as follows: (1) That the corporation has continued in business, notwithstanding the expiration of its period of duration, at all times since the expiration date fixed by its articles of incorporation; and (2) That the revival will not injure the corporation's members, creditors, or the public. (c) As of the effective date of the amendment of articles of incorporation pursuant to subsection (a) or (b) of this Code section, the corporate existence shall be deemed to have continued without interruption from the former expiration date. If, during the period between expiration and revival, the name of the corporation has been assumed, reserved, or registered by any other person or corporation, the revived corporation shall not engage in business until it has amended its articles of incorporation to change its name. Part 2 14-3-1420. The Secretary of State may commence a proceeding under Code Section 14-3-1421 to dissolve a corporation administratively if: (1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to file

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a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corporation; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution; (2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due; (3) The corporation is without a registered agent or registered office in this state for 60 days or more; or (4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued. 14-3-1421. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-3-1420 for dissolving a corporation, he shall provide the corporation with written notice of his determination by mailing a copy of the notice, first-class mail, to the corporation at the last known address of its principal office or to the registered agent. (b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the corporation, the Secretary of State shall administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate. (c) A corporation administratively dissolved continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Code Section 14-3-1406. Winding up the business of a corporation that has been administratively dissolved may include the corporation's proceeding, at any time after the

Page 570

effective date of the administrative dissolution, (1) in accordance with Code Section 14-3-1407 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 14-3-1408 for publication. Upon such notice, claims against the administratively dissolved corporation will be limited as specified in Code Sections 14-3-1407 and 14-3-1408, respectively. (d) The administrative dissolution of a corporation does not terminate the authority of its registered agent. 14-3-1422. (a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the corporation's name satisfies the requirements of Code Section 14-3-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, he shall prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-3-504.

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(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred. 14-3-1423. (a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation under Code Section 14-3-504 with a written notice that explains the reason or reasons for denial. (b) The corporation may appeal the denial of reinstatement to the superior court of the county where the corporation's registered office is or was located within 30 days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's notice of denial. (c) The court's final decision may be appealed as in other civil proceedings. Part 3 14-3-1430. The superior court may dissolve a corporation: (1) In a proceeding by the Attorney General if it is established that: (A) The corporation obtained its articles of incorporation through fraud; or (B) The corporation has continued to exceed or abuse the authority conferred upon it by law; (2) In a proceeding by a member if it is established that: (A) The directors are deadlocked in the management of the corporate affairs, the members are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered or the business

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and affairs of the corporation can no longer be conducted to the advantage of the members generally, because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal or fraudulent in connection with the operation or management of the business and affairs of the corporation; (C) The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired; or (D) The corporate assets are being misapplied or wasted; (3) In a proceeding by a creditor if it is established that: (A) The creditor's claim has been reduced to judgment, the execution on the judgment has been returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision; provided, however, that all of the actions described in paragraphs (1) through (3) of this Code section shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution. 14-3-1431. (a) Venue for a proceeding by the Attorney General to dissolve a corporation and for a proceeding brought by any other party named in Code Section 14-3-1430 lies in the county where a corporation's registered office is or was last located.

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(b) It is not necessary to make members or directors parties to a proceeding to dissolve a corporation unless relief is sought against them individually. (c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing can be held. 14-3-1432. (a) A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located. (b) The court may appoint an individual or a domestic or foreign corporation (authorized to transact business in this state) as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs. (c) The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers: (1) The receiver: (A) May dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court; and (B) May sue and defend in his own name as receiver of the corporation in all courts of this state; or (2) The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the

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corporation in the best interests of its members and creditors. (d) The court, during a receivership, may redesignate the receiver a custodian and, during a custodianship, may redesignate the custodian a receiver, if doing so is in the best interests of the corporation, its members, and creditors. (e) The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and his attorney from the assets of the corporation or proceeds from the sale of the assets. 14-3-1433. (a) If after a hearing the court determines that one or more grounds for judicial dissolution described in Code Section 14-3-1430 exist, it may enter a decree ordering the corporation dissolved, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State, who shall file it, with the same effect as a notice of intent to dissolve. (b) After entering the order of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Code Section 14-3-1406. Winding up the business of a corporation judicially dissolved may include the corporation's proceeding, after the date of the order of dissolution, (1) in accordance with Code Section 14-3-1407 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 14-3-1408 for publication. Upon such notice, claims against the dissolved corporation will be limited as specified in Code Section 14-3-1407 and 14-3-1408 respectively. (c) When the costs and expenses of dissolution proceedings and all debts, obligations, and liabilities of the corporation have been paid and discharged or provided for and all of its remaining assets distributed to its members or provided for or such assets have been deposited with the Department of Administrative Services as provided in Code Section 14-3-1440, the court shall enter a decree of dissolution, and upon filing of the decree with the Secretary of State, it shall have the same effect as articles of dissolution.

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Part 4 14-3-1440. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the Department of Administrative Services for safekeeping. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited, the Department of Administrative Services shall pay him or his representative that amount. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Department of Administrative Services. ARTICLE 15 Part 1 14-3-1501. (a) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State. (b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;

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(4) Maintaining offices or agencies for the transfer, exchange, and registration of memberships or securities or maintaining trustees or depositaries with respect to those securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This chapter shall not be deemed to establish a standard for activities which may subject a foreign corporation to taxation or to service of process under any of the laws of this state.

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14-3-1502. (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) The successor to a foreign corporation that transacted business in this state without a certificate of authority and the assignee of a cause of action arising out of that business may not maintain a proceeding based on that cause of action in any court in this state unless before the commencement of the proceeding the foreign corporation or its successor obtains a certificate of authority. (c) Notwithstanding subsections (a) and (b) of this Code section, the failure of a foreign corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defending any proceeding in this state. 14-3-1503. (a) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the Secretary of State for filing. The application must set forth: (1) The name of the foreign corporation or, if its name is unavailable for use in this state, a corporate name that satisfies the requirements of Code Section 14-3-1506; (2) The name of the state or country under whose law it is incorporated; (3) Its date of incorporation and period of duration; (4) The mailing address of its principal office; (5) The address of its registered office in this state and the name of its registered agent at that office; and (6) The names and usual business addresses of its current directors and officers. (b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the secretary of state or

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other official having custody of corporate records in the state or country under whose law it is incorporated. 14-3-1504. (a) A foreign corporation authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes: (1) Its corporate name; (2) The period of its duration; or (3) The state or country of its incorporation. (b) The requirements of Code Section 14-3-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this Code section. 14-3-1505. (a) A certificate of authority authorizes the foreign corporation to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this chapter. (b) A foreign corporation with a valid certificate of authority has the same but no greater rights under this chapter and has the same but no greater privileges under this chapter as, and except as otherwise provided by this chapter is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a domestic corporation of like character. (c) This chapter does not authorize this state to regulate the organization or internal affairs of a foreign corporation authorized to transact business in this state. 14-3-1506. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-3-401 the foreign corporation to obtain or maintain a certificate of authority to transact business in this state: (1) May add the word `corporation,' `incorporated,' `company,' or `limited,' or the abbreviation `corp.,' `inc.,' `co.,' or `ltd.,' or the name of its state of incorporation to its corporate name for use in this state; or

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(2) May use a fictitious or trade name to transact business in this state if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious or trade name. (b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of a corporation, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under this chapter or Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; and (4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under this title. (c) A foreign corporation may apply to the Secretary of State for authorization to use in this state the name of another corporation (incorporated or authorized to transact business in this state) that is not distinguishable upon his records from the name applied for. The Secretary of State shall authorize use of the name applied for if the other corporation files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A foreign corporation may use the name (including the fictitious name) of another domestic or foreign corporation whether for profit or not for profit that is used in this state if the other corporation is incorporated or authorized to transact business in this state and:

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(1) The foreign corporation has merged with the other corporation; (2) The foreign corporation has been formed by reorganization of the other corporation; or (3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign corporation applying to use its former name. (e) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of Code Section 14-3-401, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Code Section 14-3-401 and obtains an amended certificate of authority under Code Section 14-3-1504. 14-3-1507. Each foreign corporation authorized to transact business in this state must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or domestic business corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign business corporation authorized to transact business in this state whose business office is identical with the registered office.

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14-3-1508. (a) A foreign corporation authorized to transact business in this state may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth: (1) Its name; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of its new registered office; (4) The name of its current registered agent; and (5) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any foreign corporation for which he is the registered agent by notifying the corporation in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State for filing an amendment to the annual registration that complies with the requirements of subsection (a) of this Code section. 14-3-1509. (a) The registered agent of a foreign corporation may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed, on or before the date of filing of the statement.

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(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. 14-3-1510. (a) The registered agent of a foreign corporation authorized to transact business in this state is the corporation's agent for service of any process, notice, or demand required or permitted by law to be served on the foreign corporation. (b) 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. (c) Service is perfected under subsection (b) of this Code section at the earliest of: (1) The date the foreign corporation receives the mail; (2) The date shown on the return receipt, if signed on behalf of the foreign corporation; or (3) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed. (d) This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation. (e) For service in a proceeding to enforce any obligation of a domestic corporation party to a merger, see subsection (b) of Code Section 14-3-1106.

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Part 2 14-3-1520. (a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. (b) A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the Secretary of State for filing. The application must set forth: (1) The name of the foreign corporation and the name of the state or country under whose law it is incorporated; (2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (4) A mailing address to which a copy of any process served on the Secretary of State under paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and (5) A commitment to notify the Secretary of State in the future of any change in its mailing address. (c) After the withdrawal of the corporation is effective, service of process on the Secretary of State under this Code section is service on the foreign corporation. Any party that serves process upon the Secretary of State in accordance with this subsection shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at the mailing address set forth under subsection (b) of this Code section.

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Part 3 14-3-1530. The Secretary of State may commence a proceeding under Code Section 14-3-1531 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if: (1) The foreign corporation does not deliver its annual registration to the Secretary of State within 60 days after it is due; (2) The foreign corporation does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law; (3) The foreign corporation is without a registered agent or registered office in this state for 60 days or more; (4) The foreign corporation does not inform the Secretary of State under Code Section 14-3-1508 or 14-3-1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance; (5) An incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or (6) The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger. 14-3-1531. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-3-1530 for revocation of a certificate of authority, he shall provide the foreign corporation with written notice of his determination by mailing a copy of the notice, by first-class mail, to the foreign

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corporation at the last known address of its principal office or to the registered agent. (b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the corporation, the Secretary of State may revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. (c) The authority of a foreign corporation to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority. (d) The Secretary of State's revocation of a foreign corporation's certificate of authority appoints the Secretary of State as the foreign corporation's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign corporation. Any party that serves process upon the Secretary of State shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at its principal office shown in its most recent annual registration or in any subsequent communication received by the Secretary of State from the corporation stating the current mailing address of its principal office, or, if none is on file, in its application for a certificate of authority. (e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation. 14-3-1532. (a) A foreign corporation may appeal the Secretary of State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Section 14-3-1510. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition

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copies of its certificate of authority and the Secretary of State's certificate of revocation. (b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. Part 4 14-3-1540. (a) A foreign corporation which prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which is a domesticated foreign corporation on that date shall have perpetual duration as a domesticated foreign corporation of this state unless its existence is terminated in its jurisdiction of incorporation or its domesticated status is dissolved in accordance with the provisions of this chapter relating to involuntary dissolution or until such time as it withdraws from this state in the manner provided in this chapter. Such domesticated foreign corporations and the members thereof shall have all the rights, privileges, and immunities and be subject to all the duties, liabilities, and disabilities applicable to similar corporations organized under the laws of this state and applicable to the members thereof, except as may be provided with respect to such domesticated foreign corporations by any of the laws of this state existing on April 1, 1969, or coming into existence thereafter. (b) Whenever the term `foreign corporation authorized to transact business in this state' is used in this chapter, it shall be deemed to include domesticated foreign corporations, except where the context or this chapter otherwise requires. ARTICLE 16 Part 1 14-3-1601. (a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, executed consents evidencing all actions taken by the members or board of directors without a meeting, a record of all actions taken by a committee of the board of directors in place

Page 587

of the board of directors on behalf of the corporation, and waivers of notice of all meetings of the board of directors and its committees. (b) A corporation shall maintain appropriate accounting records. (c) A corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members, in alphabetical order by class, showing the number of votes each member is entitled to cast. (d) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time. 14-3-1602. (a) A corporation shall keep a copy of the following records: (1) Its articles or restated articles of incorporation and all amendments to them currently in effect; (2) Its bylaws or restated bylaws and all amendments to them currently in effect; (3) Resolutions adopted by either its members or board of directors increasing or decreasing the number of directors or the classification of directors, or relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; (4) Resolutions adopted by either its members or board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; (5) The minutes of all meetings of members and records of all actions approved by the members for the past three years; (6) All written communications to members generally within the past three years, including the financial statements

Page 588

furnished for the past three years under Code Section 14-3-1620; (7) A list of the names and business or home addresses of its current directors and officers; and (8) Its most recent annual report delivered to the Secretary of State under Code Section 14-3-1622. (b) A member is entitled to inspect and copy, at a reasonable time and location specified by the corporation, any of the records of the corporation described in subsection (a) of this Code section if the member gives the corporation written notice or a written demand at least five business days before the date on which the member wishes to inspect and copy. (c) A member is entitled to inspect and copy, at a reasonable time and reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection (d) of this Code section and gives the corporation written notice at least five business days before the date on which the member wishes to inspect and copy: (1) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the members, and records of action taken by the members or the board of directors without a meeting, to the extent not subject to inspection under subsection (a) of this Code section; (2) Accounting records of the corporation; and (3) Subject to Code Section 14-3-1605, the membership list. (d) A member may inspect and copy the records identified in subsection (c) of this Code section only if:

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(1) The member's demand is made in good faith and for a proper purpose that is reasonably relevant to the member's legitimate interest as a member; (2) The member describes with reasonable particularity the purpose and the records the member desires to inspect; (3) The records are directly connected with this purpose; and (4) The records are to be used only for the stated purpose. (e) This Code section does not affect: (1) The right of a member to inspect records under Code Section 14-3-720 or, if the member is in litigation with the corporation, to the same extent as any other litigant; or (2) The power of a court, independently of this chapter, to compel the production of corporate records for examination. 14-3-1603. (a) A member's agent or attorney has the same inspection and copying rights as the member the agent or attorney represents. (b) The right to copy records under Code Section 14-3-1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. (c) The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production or reproduction of the records. (d) A corporation shall convert into written form without charge any record not in written form, upon written request of a person entitled to inspect it. (e) The corporation may comply with a member's demand to inspect the record of members under paragraph (3) of subsection

Page 590

(c) of Code Section 14-3-1602 by providing the member with a list of its members that was compiled no earlier than the date of the member's demand. 14-3-1604. (a) If a corporation does not allow a member who complies with subsection (b) Code Section 14-3-1602 to inspect and copy any records required by that subsection to be available for inspection, the superior court may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the member. (b) If a corporation does not within a reasonable time allow a member to inspect and copy any other record, the member who complies with subsections (b) and (c) of Code Section 14-3-1602 may apply to the superior court for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis. (c) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the member's costs (including reasonable attorneys' fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the member to inspect the records demanded. (d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding member. 14-3-1605. Without consent of the board, a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a member's interest as a member. Without limiting the generality of the foregoing, without the consent of the board a membership list or any part thereof may not be: (1) Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation; (2) Used for any commercial purpose; or

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(3) Sold to or purchased by any person. Part 2 14-3-1620. (a) A corporation upon written demand from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared on that basis. (b) If annual financial statements are reported upon by a public accountant, the accountant's report must accompany them. If not, the statements must be accompanied by the statement of the president or the person responsible for the corporation's financial accounting records: (1) Stating the president's or other person's reasonable belief as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and (2) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year. 14-3-1621. If a corporation indemnifies or advances expenses to a director under Code Section 14-3-851, 14-3-852, 14-3-853, or 14-3-854 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in writing to the members with or before the notice of the next meeting of members. 14-3-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:

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(1) The name of the corporation and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office, if any; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. ARTICLE 17 14-3-1701. (a) Subject to the limitations of subsection (b) of this Code section, this chapter shall apply:

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(1) To all nonprofit corporations, existing on or formed after July 1, 1991, including nonprofit corporations organized under any prior general corporation law of this state or under Chapter 3 of Title 14 of the Official Code of Georgia Annotated in effect prior to July 1, 1991, that is repealed by this chapter; (2) To all nonprofit corporations created by special Act of the General Assembly as to which power has been reserved to withdraw the franchise; (3) To any nonprofit corporation, organization, or association, to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such corporation, organization, or association; and (4) To any corporation organized under any statute of this state or if it were originally created by special Act of the General Assembly without reservation of power to withdraw the franchise, if under any prior general corporation law of this state applicable to nonprofit corporations such corporation either has amended its charter or has been a party to a merger or a consolidation, and also to any such corporation which after July 1, 1991, in an amendment to its articles of incorporation or restatement of the articles of incorporation or in a merger or a consolidation, elects to be subject to this chapter. Any such corporation shall have all the rights, privileges, franchises, immunities, and powers and shall be subject to all the duties, liabilities, and disabilities of a corporation to which this chapter applies as well as of the statute or special Act by which such corporation was originally created; but in the event of a conflict between such statute or special Act and this chapter, such statute or special Act shall govern. (b) This chapter shall not apply: (1) To corporations organized under a statute of this state other than either this chapter or any prior general corporation law, except to the extent that the former general corporation law of this state applicable to nonprofit corporations

Page 594

or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such corporations; (2) To any corporation originally created by special Act of the General Assembly as to which power has not been reserved to withdraw the franchise, except as otherwise provided in subsection (a) of this Code section; (3) To any corporation originally created by special Act of the General Assembly as to which power has been reserved to withdraw the franchise, if the purpose of the corporation would require its organization to take place under a statute other than this chapter, if it were being organized after July 1, 1991, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to corporations organized for that purpose; (4) To any public authority created by special Act of the General Assembly, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to such public authority; or (5) To corporations of any class to the extent that such class is specifically exempted from this chapter or any of its provisions. (c) This chapter shall not impair the existence of any nonprofit corporation existing on July 1, 1991. Subject to Code Section 14-3-610, any such existing corporation to which this chapter is applicable and its members, directors, and officers shall have the same rights and be subject to the same limitations, restrictions, liabilities, and penalties as a corporation formed under this chapter and its members, directors, and officers. (d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted

Page 595

by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. (e) This chapter shall apply to commerce with foreign nations and among the several states only insofar as the application may be permitted under the Constitution and laws of the United States. 14-3-1702. A foreign corporation transacting business in this state on or after July 1, 1991, is subject to this chapter. A foreign corporation that is authorized to transact business or conduct affairs in this state on July 1, 1991, is not required to obtain a new certificate of authority. 14-3-1703. (a) Except as provided in subsection (b) of this Code section, the repeal of a statute by this chapter does not affect: (1) The operation of the statute or any action taken under it before its repeal; (2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal, except as provided in Code Section 14-3-1408; but the same, as well as actions that are pending on July 1, 1991, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed; (3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) Transactions validly entered into before July 1, 1991, and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute repealed by this chapter as though the repeal had not occurred; (5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the

Page 596

proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (6) Any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent. (b) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment if not already imposed shall be imposed in accordance with this chapter. Section 2. Said title is further amended by striking Code Section 14-5-40, relating to the applicability of Chapter 3 of Title 14, and inserting in lieu thereof a new Code Section 14-5-40 to read as follows: 14-5-40. Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are `nonprofit corporations' as that term is defined in paragraph (21) of Code Section 14-3-140. Section 3. This Act shall become effective on July 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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EMERGENCY MEDICAL SERVICES AMBULANCE; USE OF WORD WITHOUT LICENSE; PARAMEDICS AND CARDIAC TECHNICIANS; CERTIFICATION. Code Sections 31-11-30 and 31-11-58 Amended. No. 319 (House Bill No. 5). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to prevent certain persons from making use of the word ambulance or otherwise holding themselves out to be an ambulance service without having a valid license; to provide for penalties; to provide that paramedics and cardiac technicians shall be certified in advanced cardiac life support and provide for revocation and reinstatement of their certificates; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-30, relating to license requirements for an ambulance service, and inserting in its place a new Code Section 31-11-30 to read as follows: 31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter. (b) No person shall make use of the word `ambulance' to describe any ground transportation or facility or service associated therewith which such person provides or to otherwise hold oneself out to be an ambulance service unless such person has a valid license issued pursuant to the provisions of this chapter or is exempt from licensing under this chapter.

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(c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor. Section 2. Said chapter is further amended by adding at the end of Code Section 31-11-58, relating to recertification standards, a new subsection to read as follows: (h) In addition to the other requirements of this Code section, each paramedic and each cardiac technician, no later than December 31 of each year, shall furnish evidence satisfactory to the composite board that such person is currently certified in advanced cardiac life support; and, upon failure to do so, such person's certificate issued under this chapter shall be revoked under the procedures of Code Section 31-11-57. A certificate so revoked may be reinstated upon the holder's furnishing evidence satisfactory to the composite board that such person is currently certified in advanced cardiac life support. 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, 1991.

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HANDICAPPED ELECTORS MODIFICATION OF VOTING BOOTHS; SUFFICIENT ACCOMMODATIONS FOR PRIVACY. Code Sections 21-2-470 and 21-3-380 Amended. No. 320 (House Bill No. 14). AN ACT To amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each precinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private; to amend Code Section 21-3-380 of the Official Code of Georgia Annotated, relating to conformance of procedures in precincts using vote recorders to those procedures prescribed for paper ballots with respect to municipal elections, so as to provide that the superintendent shall modify a voting booth in each precinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) The superintendent shall have at least one voting booth in each precinct modified or shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a vote recorder in a regular voting booth.

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Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such a handicapped elector to vote in private. Section 2. Code Section 21-3-380 of the Official Code of Georgia Annotated, relating to conformance of procedures in precincts using vote recorders to those procedures prescribed for paper ballots with respect to municipal elections, is amended by adding at the end thereof a new subsection (g) to read as follows: (g) The superintendent shall have at least one voting booth in each precinct modified or shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a vote recorder in a regular voting booth. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such a handicapped elector to vote in private. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. DENTURES MARKING; NOTIFICATION OF DENTISTS. Code Section 31-1-7 Amended. No. 321 (House Bill No. 26). AN ACT To amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable permanent partial dentures to be marked with the name or social security number of the intended wearer; to provide that it shall be the duty of the Georgia Board of Dentistry to notify each

Page 601

person licensed to practice dentistry in this state of the requirements of this Code section; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable permanent partial dentures, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every complete upper and lower denture and removable permanent partial denture fabricated by a dentist licensed in Georgia shall be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be [Illegible Text] legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist. Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: (d) It shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section. Such notification shall be mailed to the address of record of each person licensed to practice dentistry in this state. Section 3. The provisions of Section 1 of this Act shall become effective on January 1, 1992, and the remaining provisions of this Act shall become effective on July 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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JUVENILE COURTS FINAL ORDERS OF TERMINATION OF PARENTAL RIGHTS; TRANSMITTAL TO DEPARTMENT OF HUMAN RESOURCES. Code Section 15-11-90 Amended. No. 322 (House Bill No. 29). AN ACT To amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every final order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, is amended by striking Code Section 15-11-90, relating to the placement of a child following a termination order, in its entirety and inserting in lieu thereof the following: 15-11-90. (a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of

Page 603

the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child. (b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit of the Department of Human Resources within 15 days of the filing of such order. (c) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (d) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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MOTOR VEHICLE WARRANTY RIGHTS ACT APPLICABILITY OF LAW. Code Section 10-1-789 Amended. No. 323 (House Bill No. 32). AN ACT To amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Motor Vehicle Warranty Rights Act, so as to provide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said Motor Vehicle Warranty Rights Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Motor Vehicle Warranty Rights Act, is amended by adding at the end of Code Section 10-1-789, relating to collection of consumer fees for operating arbitration programs, a new subsection (c) to read as follows: (c) It is the intent of the General Assembly that any consumer who, on or after July 1, 1990, but prior to January 1, 1991, pays or should have paid the fee designated in this Code section shall be entitled to utilize the remedies provided in Code Sections 10-1-786, 10-1-787, and 10-1-788 in addition to any other remedies which exist in law or in equity regarding defective automobiles, notwithstanding the effective dates of this article or the effective dates of any provisions of this article.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. BOARDS OF TRUSTEES OF PUBLIC RETIREMENT SYSTEMS AUTHORITY TO INCREASE BENEFITS TO PRESENT AND FUTURE RETIREES. Code Section 47-1-30 Amended. No. 324 (House Bill No. 35). AN ACT To amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) The board of trustees of a retirement system is authorized to increase benefits paid to both present and future retirees and beneficiaries under the retirement system 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. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. STATE PURCHASING RECYCLED PAPER PRODUCTS; FUNDS. Code Sections 50-5-60.1 and 50-5-60.2 Enacted. No. 325 (House Bill No. 36). AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be

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paper products manufactured from recovered fiber if the price offered is within 10 percent of the price paid for 100 percent virgin fiber paper products; to provide for the amount of funds that the Department of Administrative Services may expend in a fiscal year; 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 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, is amended by adding new Code Sections 50-5-60.1 and 50-5-60.2 to read as follows: 50-5-60.1. Paper products purchased and contracted for by the Department of Administrative Services shall be manufactured from recovered fiber if the price bid is within 8 percent of the price paid for 100 percent virgin fiber paper products, and must meet the standards, quality level, and specifications established by the Department of Administrative Services. 50-5-60.2. The department shall expend no more than $1 million per year in any year in which Code Section 50-5-60.1 is in effect on the total price of products described in Code Section 50-5-60.1. Section 2. This Act shall become effective on July 1, 1991, and shall be repealed on July 1, 1996. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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ELECTIONS STATE ELECTION BOARD; ACTIONS TO COMPEL COMPLIANCE WITH ELECTION LAWS, RULES, AND REGULATIONS; CONTESTS; JURISDICTION, VENUE, AND PROCEDURES OF SUPERIOR COURTS; RECALL PETITIONS. Code Sections 21-2-32, 21-2-523, and 21-4-6 Amended. No. 326 (House Bill No. 67). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct; to change the provisions relating to the selection of a judge to preside over certain cases or contests relating to primaries, elections, election contests, or the recall of elected officials; to provide for the powers and duties of judges presiding over such cases or matters; to provide for compensation and expenses; to provide for practices and procedures; to provide for notices; to provide for orders; to provide for the jurisdiction of superior courts; to provide for venue; to provide for pretrial proceedings; to change the provisions of time for application for review of recall petitions; to change the provisions relating to the review of recall petitions; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Code Section 21-2-32, relating to institution of and intervention in court actions regarding the election laws of this state, and inserting in lieu thereof a new Code Section 21-2-32 to read as follows: 21-2-32. (a) The State Election Board shall have the right to institute or to intervene as a party in any action in any

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court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or primary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach. (b) Any petition seeking any of the relief authorized in subsection (a) of this Code section shall be filed in the superior court of the county of residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct. (c) Upon the filing of such petition, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which the county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to preside over the proceeding. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which temporary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented

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to the administrative judge of an adjoining district prior to its filing for consideration of the application for such order. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. (f) If, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules, and regulations, the judge may enter such order concerning the conduct of such election or primary which he shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board. (g) Upon any action being filed in any court of this state seeking relief affecting the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or the plaintiff's attorney. (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases. Section 2. Said title is further amended by striking Code Section 21-2-523, relating to jurisdiction and general pretrial proceedings in the superior court in election contests, and inserting in lieu thereof a new Code Section 21-2-523 to read as follows:

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21-2-523. (a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides. (b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section. (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where

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the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. Section 3. Said title is further amended by striking Code Section 21-4-6, relating to the review of grounds for a recall petition, and inserting in lieu thereof a new Code Section 21-4-6 to read as follows: 21-4-6. (a) Within four days after the date of submission of the application for a recall petition for verification, excluding Saturdays, Sundays, and legal holidays, the officer sought to be recalled may file a petition in the superior court of the county in which such officer is domiciled applying for a review of the sufficiency of the ground or grounds for the recall and the fact or facts upon which such ground or grounds are based as set forth in such recall application. (b) The superior court having jurisdiction of a case governed by this chapter shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the case shall be selected as set out in subsection (c) of this Code section. (c) Upon the filing of a sufficiency review petition under this Code section, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge of the institution of proceedings under this chapter. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the circuit in which the proceeding was instituted, to preside over the contest.

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(d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. (f) Such review shall be limited solely to a review of the legal sufficiency of the recall ground or grounds and the legal sufficiency of the alleged fact or facts upon which such ground or grounds are based as set forth in such recall application; and the review of such alleged fact or facts shall be only for the determination of the legal sufficiency of such alleged fact or facts as to form and not as to truth and shall not include discovery or evidentiary hearings. (g) If a ruling of sufficiency is rendered by such judge, then recall proceedings shall continue in the manner provided for in this chapter. If a ruling of insufficiency is rendered by such judge, then a discretionary appeal may be filed in the Supreme Court of Georgia within ten days after the date of such ruling, excluding Saturdays, Sundays, and legal holidays, and such court shall consider such appeal on an expedited basis.

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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 10, 1991. TEACHERS RETIREMENT SYSTEM OF GEORGIA MEMBERS; OPTIONAL PLAN; BOARD OF REGENTS; CONTRIBUTIONS. Code Section 47-3-68 Amended. No. 327 (House Bill No. 78). AN ACT To amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accumulated contributions of members who elect or have elected to participate in said optional retirement plan; to provide that participants in the optional retirement plan may transfer accumulated contributions to the optional retirement plan to purchase benefits thereunder; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the

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optional retirement plan of the Board of Regents of the University System of Georgia, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Members of the retirement system provided for in this chapter who were 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. Members exercising said option, which shall be irrevocable, shall forfeit all rights under this retirement system except that they shall have the right to have their accumulated contributions under this retirement system transferred to the optional retirement plan. Upon such election's becoming effective, the board of trustees shall transfer the member's accumulated contributions directly to the optional retirement plan to purchase benefits thereunder and the funds so transferred will not be made available to the member except as a participant in the optional retirement plan. 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 July 31, 1991. The effective date of the option and transfer for each member who elects to become a new participant in the optional retirement plan shall be August 1, 1991. The failure to exercise the option by July 31, 1991, shall be an irrevocable election to remain a member of this retirement system. Section 2. Said Code section is further amended by adding at the end thereof a new subsection (e) to read as follows: (e) Any former member of this retirement system who is presently a participant in the optional retirement plan provided for in Chapter 21 of this title shall have the right to have the former member's accumulated contributions to this retirement system transferred to said optional retirement plan. Such right shall be exercised by filing a written notification thereof with the board of trustees by not later than July 31, 1991. After receiving such notification, the board of trustees shall, by not later than October 1, 1991, transfer the former member's accumulated contributions directly to the optional retirement plan to purchase benefits thereunder and the funds so transferred

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will not be made available to the former member except as a participant in the optional retirement plan. 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, 1991. PHYSICALLY DISABLED PERSONS USE OF SERVICE DOG; IDENTIFICATION. Code Section 30-4-1 Amended. No. 328 (House Bill No. 96). AN ACT To amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a service dog; to provide that a guide dog or service dog be identified as having been trained by a seeing eye, hearing ear, service, or guide dog school; to provide a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) (1) Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog, and every physically disabled person shall have the right to be accompanied by a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog. The guide dog or service dog must be identified as having been trained by a school for seeing eye, hearing ear, service, or guide dogs. (2) As used in this Code section, the term `physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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COMMERCIAL DRIVER'S LICENSE LAW; APPLICABILITY; ISSUANCE OF LICENSE; DISQUALIFICATION FROM DRIVING COMMERCIAL VEHICLE. Code Sections 40-5-142, 40-5-147, and 40-5-151 Amended. No. 329 (House Bill No. 139). AN ACT To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Uniform Commercial Driver's License Act, so as to change the applicability of the Act to certain types of vehicles; to change certain requirements for issuance of a commercial driver's license; to change certain provisions relative to disqualifications from driving a commercial motor vehicle; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Uniform Commercial Driver's License Act, is amended by striking subparagraph (C) of paragraph (7) of Code Section 40-5-142, relating to the definition of a commercial motor vehicle, in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows: (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, military vehicle operated by military personnel, 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

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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. 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. Section 2. Said article is further amended by striking subsection (b) of Code Section 40-5-147, relating to the requirements for issuance of a commercial driver's license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Department of Public Safety may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77. Section 3. Said article is further amended by striking subsections (b) and (c) of Code Section 40-5-151, relating to disqualifications from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (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 or for offenses specified in paragraph (1) of subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations 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

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of those offenses, arising from two or more separate incidents. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. PROFESSIONAL PRACTICES COMMISSION SCHOOL SYSTEM EDUCATORS; OFFENSES. Code Section 20-2-795.1 Amended. No. 330 (House Bill No. 146). AN ACT To amend Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (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

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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 Code Sections 16-6-1 through 16-6-17 or Code Sections 16-6-20 through 16-6-22.2; (3) Any sexual exploitation of a minor as provided for in Code Section 16-12-100; (4) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16; (5) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (6) 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 of Education or the State Board of Education, including all reports received pursuant to subsection (a) of this Code section,

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made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. SECRETARY OF THE SENATE AND CLERK OF THE HOUSE OF REPRESENTATIVES SUCCESSION TO OFFICE. Code Section 28-3-20 Amended. No. 331 (House Bill No. 173). AN ACT To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the offices of Clerk of the House and Secretary of the Senate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by striking Code Section 28-3-20 which reads as follows: 28-3-20. There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the

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time for which the members of the General Assembly are elected and until their successors are elected. In the event of a vacancy in the office of Clerk of the House of Representatives, the Speaker shall appoint a duly qualified person to fill such vacancy. The person so appointed shall serve for the remainder of the unexpired term. In the event of a vacancy in the office of Secretary of the Senate, the Assistant Secretary of the Senate shall serve as Secretary of the Senate until the next regular session., and inserting in its place a new Code Section 28-3-20 to read as follows: 28-3-20. (a) There shall be a Secretary of the Senate and a Clerk of the House of Representatives, elected by the members of each house respectively by recorded vote; and a majority of votes cast is necessary to elect. Their terms of office shall be the time for which the members of the General Assembly are elected and until their successors are elected. (b) In the event of a vacancy in the office of Clerk of the House or the permanent disability of the Clerk of the House, the Speaker shall appoint a duly qualified person to succeed to the office of Clerk of the House. Any question concerning the existence of permanent disability of the Clerk of the House shall be determined by the Speaker with the concurrence of a majority of the chairmen of the standing committees of the House. Any person succeeding to the office of Clerk of the House pursuant to this subsection shall serve for the remainder of the unexpired term. (c) (1) In the event of a vacancy in the office of Secretary of the Senate while the Senate is not in session or the permanent disability of the Secretary of the Senate while the Senate is not in session, the President Pro Tempore of the Senate shall appoint a duly qualified person to succeed to the office of Secretary of the Senate. Any person succeeding to the office of Secretary of the Senate pursuant to this paragraph shall serve until the next session of the General Assembly, at which time the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term, if any.

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(2) In the event of a vacancy in the office of the Secretary of the Senate while the Senate is in session or the permanent disability of the Secretary of the Senate while the Senate is in session, the Senate shall elect a duly qualified person to serve for the remainder of the unexpired term. (3) Any question concerning the existence of permanent disability of the Secretary of the Senate shall be determined by the President of the Senate with the concurrence of a majority of the chairmen of the standing committees of the Senate. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. ESCAPE USE OF DEADLY FORCE TO PREVENT; PEACE OFFICERS; AGENCIES. Code Section 17-4-20 Amended. No. 332 (House Bill No. 186). AN ACT To amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of any agency in the state when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions,

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jails, and other places of lawful confinement; 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 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement or by peace officers of any agency in the State of Georgia when reasonably necessary to prevent escapes or apprehend escapees from such institutions. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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SERVICE OF PROCESS CITIZENS 18 YEARS OF AGE; COURT-APPOINTED PERMANENT PROCESS SERVERS. Code Section 9-11-4 Amended. No. 333 (House Bill No. 188). AN ACT To amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age and has been appointed by the court as a permanent process server; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Summons By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the

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summons and complaint; but failure to make service within the five-day period will not invalidate a later service. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. JUVENILE COURTS COUNCIL OF JUVENILE COURT JUDGES; MEMBERSHIP OF ASSOCIATE JUDGES; MARRIAGE CEREMONIES; AUTHORITY OF ASSOCIATE JUDGES TO PERFORM. Code Sections 15-11-4, 15-11-10, 15-11-50, and 15-11-65 Amended. No. 334 (House Bill No. 199). 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 add to the Council of Juvenile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to provide that associate juvenile court judges may perform marriage ceremonies; 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, is amended by striking subsection (a) of Code Section 15-11-4, relating to the Council of Juvenile Court Judges, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) All of the judges and associate judges of the courts exercising jurisdiction over juveniles shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairman of the council. The council shall meet at stated times to be fixed by it, on call of the chairman. It may establish general policies for the conduct of courts exercising jurisdiction over juveniles and may promulgate uniform rules and forms governing procedures and practices of the courts. It shall publish an annual report of the work of the courts exercising jurisdiction over juveniles, which shall include statistical and other data on the courts' work and services, research studies it may make of the problems of children and families dealt with by the courts, and any recommendations for legislation. The council is authorized to inspect and copy records of the court, law enforcement agencies, and the Department of Human Resources for the purpose of compiling statistical data on juveniles. Section 2. Said article is further amended by striking Code Section 15-11-10, relating to the appointment and compensation of associate juvenile court judges, and inserting in lieu thereof a new Code Section 15-11-10 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-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge 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 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. If a

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party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge. (c) Upon the conclusion of a hearing before an associate juvenile court judge, except detention hearings or probable cause hearings, the associate juvenile court judge shall transmit 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. (d) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving written notice of the findings and recommendations of the associate juvenile court judge. (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. (f) Upon conclusion of a probable cause hearing or detention hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. (g) An associate juvenile court judge of any county of this state shall be vested with the same authority as any judge of this state for the purpose of performing marriage ceremonies. Section 3. Said article is further amended by striking Code Section 15-11-50, relating to appointment and compensation of associate juvenile court traffic judges, and inserting in lieu thereof a new Code Section 15-11-50 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-time 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

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training. The compensation of the associate juvenile court traffic judges 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 file an order of the court with a copy thereof to the child and other parties to the proceedings. Section 4. Said article is further amended by striking subsection (d) of Code Section 15-11-65, relating to juvenile court as a court of inquiry and court of record, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Issuance of warrants by juvenile court judge. The juvenile court judge and associate juvenile court judge shall have authority to issue a warrant for the arrest of any juvenile offender against the law of this state, based either on personal knowledge or the information of others given under oath. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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ELECTIONS WRITE-IN CANDIDATES; DESIGNATION OF OFFICE SOUGHT. Code Sections 21-2-135 and 21-3-93 Amended. No. 335 (House Bill No. 201). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all write-in candidates to designate the specific office sought where an office has multiple officeholders; 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 21-2-135, relating to designation of specific office, and inserting in its place a new subsection (a) to read as follows: (a) In the case of a public office having multiple officeholders with the same title, each candidate shall, when: (1) Qualifying with his party in the case of a primary; (2) Filing his notice of candidacy in the case of an election; (3) Filing his notice of candidacy in the case of a nonpartisan primary; and (4) Filing his notice of candidacy as a write-in candidate, designate the specific office he is seeking and name the person such candidate is seeking to succeed and give such other appropriate designation as may be required by the Secretary of State or election superintendent. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having multiple officeholders shall be entered on the ballot and ballot labels in

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such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name. Section 2. Said title is further amended by striking Code Section 21-3-93, relating to designation of specific municipal office, and inserting in its place a new Code Section 21-3-93 to read as follows: 21-3-93. In the case of a candidate, including a write-in candidate, seeking one of two or more public offices, each having the same title and to be filled at the same election by the vote of the same electors, charter or ordinance provisions shall govern whether such candidate shall designate the specific office he is seeking. If required to designate the specific office, the candidate shall name his incumbent or give other appropriate designation. Such designation shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. ELECTIONS MUNICIPAL; FILING NOTICE OF CANDIDACY; TIME PERIOD. Code Section 21-3-91 Amended. No. 336 (House Bill No. 204). AN ACT To amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in

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municipal elections, so as to revise the time period for filing such notice with respect to certain municipal general or special elections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections, is amended by striking subsection (a) and inserting its place a new subsection (a) to read as follows: (a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality: (1) At least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election; or (2) At least 50 but not more than 60 days prior to the election in the case of a municipal general or special election held in conjunction with a November general election conducted under Chapter 2 of this title. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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GEORGIA COURTS AUTOMATION COMMISSION CREATION; MEMBERSHIP; POWERS, DUTIES, AND COMPENSATION. Code Title 15, Chapter 5, Article 6 Enacted. No. 337 (House Bill No. 215). AN ACT To amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission; to provide for the membership of the commission and their selection, qualifications, service, and compensation; to provide for an advisory council and the selection, qualifications, service, and compensation of its membership; to provide for the powers, duties, and operations of the commission and advisory council; to provide for attachment for administrative purposes to the Supreme Court; to authorize certain cooperation and assistance by the Administrative Office of the Courts, the Department of Administrative Services, and the Criminal Justice Coordinating Council, the Georgia Bureau of Investigation, the Department of Corrections, the Department of Public Safety, the State Board of Pardons and Paroles, and the Juvenile Justice Coordinating Council; to provide for related matters; to repeal a specific resolution; 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 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 15-5-80. (a) There shall be a Georgia Courts Automation Commission, hereafter referred to at times in this article as the `commission.' The commission created in this article shall be a successor to the Georgia Courts Automation Commission created by 1990 Resolution Act No. 98; HR 849; Ga. L. 1990, p. 979.

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(b) The commission shall consist of 11 members. One member shall be the Chief Justice of the Supreme Court of Georgia or his designee; and the remaining members shall be appointed by the Chief Justice as follows: (1) One Judge of the Court of Appeals of Georgia; (2) Three superior court judges; (3) One superior court clerk; (4) One state court judge; (5) One juvenile court judge; (6) One probate court judge; (7) One magistrate court judge; and (8) One municipal court judge. All members of the commission shall serve at the pleasure of the Chief Justice. (c) The Chief Justice 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 and shall establish such quorum, attendance, and other rules as it deems necessary for the most efficient operation of the commission. The commission may meet at such times and places within the state as the commission deems necessary. (d) All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties in the same manner as other state officials and employees. 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 who are not state officials or employees shall be reimbursed for such expenses from funds appropriated or otherwise available to the judicial branch of state government.

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15-5-81. (a) There shall be an Advisory Council to the Georgia Courts Automation Commission, hereafter referred to in this article as the `advisory council.' The advisory council shall consist of: the commissioner of administrative services or his designee, the director of the Georgia Bureau of Investigation or his designee, the commissioner of corrections or his designee, the commissioner of public safety or his designee, the chairman of the State Board of Pardons and Paroles or his designee, the director of the Administrative Office of the Courts or his designee, the director of the Criminal Justice Coordinating Council or his designee and the Director of the Juvenile Justice Coordinating Council or his designee. (b) The members of the advisory council shall be notified of and entitled to attend all meetings of the commission and shall be afforded an opportunity to review and comment on all proposed official actions of the commission other than actions relating solely to the internal organization and internal affairs of the commission. (c) All members of the advisory council shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties in the same manner as other state officials and employees. Members of the advisory council 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 advisory council who are not state officials or employees shall be reimbursed for such expenses from funds appropriated or otherwise available to the judicial branch of state government. 15-5-82. (a) The commission shall be authorized to: (1) Define, implement, and administer a state-wide courts automation system based on but not limited to the existing Georgia Online (GO) Network administered by the commissioner of administrative services, including data collection and entry into the system, data storage and processing, and information retrieval and distribution; (2) Administer federal, state, local, and other public or private funds made available to it for implementation of the courts automation system;

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(3) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compatible with electronic transmittal media; (4) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automation system network; and (5) Offer advisory services to county and local governments to assist in guiding their efforts towards automating their court procedures and operations. (b) The chairman of the commission may designate and appoint committees to perform such functions as he may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to implement the courts automation system in a deliberate, effective, and timely manner. The commission shall make an annual report of its progress to the Chief Justice, the Governor, the President of the Senate, and the Speaker of the House of Representatives. (c) The commission may use the funds available to it for providing to the courts of this state access to data bases which are: (1) Beneficial to the operation of the courts; or (2) Accessible through the Georgia Online (GO) Network; provided that access to any such data base shall be conditioned upon the consent of the department, agency, or other entity having the right to grant such access. The commission may also expend funds to upgrade components of the Georgia Online (GO) Network as necessary for appropriate access thereto by the courts.

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(d) Nothing in this article shall be so construed as to require any office of a court to accept additional workload generated by establishment of an electronic transfer of information capability from any other office of the county or local government, including court offices. Each such office shall continue to have sole responsibility for transmitting information required of it, either manually or electronically. 15-5-83. (a) The commission shall be assigned for administrative purposes to the Supreme Court, in the same manner as executive branch agencies are assigned to executive branch departments under Code Section 50-4-3. (b) The commission is authorized to receive and expend such appropriations as may be expressly provided by the General Assembly together with such federal funds and other funds as may be made available from public or private sources. Section 2. A resolution creating the Georgia Courts Automation Commission, approved April 4, 1990 (Ga. L. 1990, p. 979), is repealed in its entirety. 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, 1991.

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MATERIALMEN'S AND MECHANICS' LIENS COPY OF CLAIM SENT TO OWNER OR CONTRACTOR; TIME FOR FILING NOTICE. Code Section 44-14-361.1 Amended. No. 338 (House Bill No. 223). AN ACT To amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that the lien claimant shall send a copy of the claim of lien to the owner of the property or the contractor; to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, is amended by striking paragraphs (2), (3), and (4) of subsection (a) of said Code section and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as follows: (2) The filing for record of his claim of lien within three months after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying or engineering services or within three months after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located, which claim shall be in substance as follows: `A. B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed)

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on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due) for building, repairing, improving, or furnishing material (or whatever the claim may be).' At the time of filing for record of his claim of lien, the lien claimant shall send a copy of the claim of lien by registered or certified mail to the owner of the property or the contractor, as the agent of the owner; (3) The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due. In addition, within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state within 12 months from the date such services, labor, supplies, or material are furnished

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to him, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in an action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of an action, no final judgment can be obtained against him for the value of such material, services, labor, or supplies because of his death or adjudication in bankruptcy; then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing an action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in an action against the owner thereof, if filed within 12 months from the time the lien becomes due, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 14 days after filing such action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his attorney of record. The notice shall identify the court wherein the action is brought; the style and number of the action, including the names of all parties thereto; the date of the filing of the action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained

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in such notice. A separate lis pendens notice need not be filed with the commencement of this action. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. REAL ESTATE BROKERS AND SALESPERSONS EDUCATION; LICENSES; NONRESIDENTS; GEORGIA REAL ESTATE COMMISSION; AGREEMENTS; REVOCATION; HEARINGS. Code Sections 43-40-8, 43-40-9, 43-40-12, 43-40-15, 43-40-19, and 43-40-25 Amended. No. 339 (House Bill No. 224). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise certain qualifications for a broker's or associate broker's license; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state; to authorize the Georgia Real Estate Commission to enter into agreements with similar licensing authorities in other states; to provide for the revocation of a real estate license which is the subject of an investigation of the commission and is surrendered or allowed to lapse; to provide for hearings; to provide for the revocation of school or instructor approval of licensees; to provide the conditions under which a licensee who has been released from a broker may engage in business activities for another broker; to authorize the commission to revoke a real estate broker's license and simultaneously issue such person a salesperson's license; to provide for other matters relative to the

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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. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking Code Section 43-40-8, relating to the qualifications of real estate licensees, in its entirety and inserting in its place a new Code Section 43-40-8 to read as follows: 43-40-8. (a) In order to qualify for a salesperson's license, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 75 inclass hours in a salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker or associate broker's license, an applicant must: (1) Have attained the age of 21 years;

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(2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of the requirements shall be grounds for denial of license without a hearing. (c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission, in its discretion, may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner:

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(1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and: (A) Has not completed all in-class sessions, required exercises, or examinations; (B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license. (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section and must complete 25 in-class hours of instruction approved by the commission before making application to reinstate such license. (d) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least six hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met.

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(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require. (f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter. (g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of thier business. (h) The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than inclass instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. Section 2. Said chapter is further amended by striking Code Section 43-40-9, relating to nonresident real estate licenses, in its entirety and inserting in its place a new Code Section 43-40-9 to read as follows: 43-40-9. (a) A nonresident holding a license on July 1, 1991, shall not be required to meet the requirements of this Code section in order to continue to hold a license unless such nonresident allows that license to lapse or applies for a different type of license. (b) The commission may grant a license to a nonresident of this state who is not licensed in such nonresident's state of residence if that applicant meets the age, education, and examination requirements prescribed in Code Section 43-40-8.

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(c) In order to be licensed in this state, nonresidents who are licensed in another state must: (1) Show satisfactory proof of current licensure in the applicant's state of residence; (2) Pay any required fees; (3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state; (4) Affiliate with a resident or nonresident broker if the applicant is an individual salesperson or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qualifies for a broker's license. A nonresident corporation must obtain from the proper agency and maintain a certificate of authority to transact business in this state; (5) Cause the licensing body of the applicant's state of residence to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a nonresident; (6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such

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appointment, certified by the real estate commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains outstanding in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee; and (7) Agree in writing to cooperate with any investigation initiated by the commission by promptly supplying any documents any authorized investigator of the commission may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction permitted by this law. (d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek nonresident licensure, not to exceed such requirements as prescribed in Code Section 43-40-8.

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(e) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a `licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide: (1) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia; (2) How the brokers will divide any earned commissions; (3) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; (5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (6) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission, that said contract, agreement, or offer shall be

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construed under Georgia law, and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; (7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (8) Such other matters as the commission may require by rule and regulation. (f) Whenever an out-of-state broker operating under a written agreement permitted by subsection (e) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspending or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection (e) of this Code section and the commission's rules and regulations. (g) As used in this Code section, the term `state' means any state, district, territory, possession, or province of the United States or Canada. Section 3. Said chapter is further amended by striking subsections (f) and (g) of Code Section 43-40-12, relating to real estate license fees generally, and inserting in their respective places new subsections (f) and (g) to read as follows: (f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an examination administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that

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license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educational course or courses which the commission may require. Any licensee whose license has lapsed for longer than two years and who reinstates it under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in Code Section 43-40-8. (g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. Section 4. Said chapter is further amended by striking subsection (g) of 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 subsection (g) to read as follows: (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:

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(1) Surrendered or voluntarily surrenders the license to the commission; (2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, 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. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 5. Said chapter is further amended by adding at the end of Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, a new subsection (j) to read as follows: (j) Whenever the commission revokes or suspends the license of a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section.

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Section 6. Said chapter is further amended by striking subsection (b) of Code Section 43-40-19, relating to changes of a real estate broker's place of business, in its entirety and inserting in its place a new subsection (b) to read as follows: (b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee: (1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or (2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker of a sole proprietorship or the qualifying broker of a corporation or partnership. Section 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors generally, and inserting in its place new introductory language to read as follows: (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation

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of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: Section 8. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991. (b) Sections 1 and 3 of this Act shall become effective on January 1, 1992. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. LOCAL ORGANIZATION FOR EMERGENCY MANAGEMENT LOCAL GOVERNMENTS; ESTABLISHMENT; LOCAL DIRECTORS; FUNDING. Code Section 38-3-27 Amended. No. 340 (House Bill No. 241). AN ACT To amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency

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management, so as to provide that the governing authority of each county may establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management; to provide minimum qualifications for local directors of emergency management compensated for full-time service; to provide certain qualifications and requirements applicable to part-time paid directors; to provide for criminal history checks of nominees for local director of emergency management; to require assistance to be furnished to volunteer directors; to provide certain requirements applicable to local emergency management offices; to provide that a local director of emergency management whose salary is reimbursed in part or in full by the Emergency Management Division shall meet certain federal requirements; to provide that after December 31, 1993, any county and certain municipalities which fail at any time to have established a local organization for emergency management in accordance with the state emergency management plan and program shall not be entitled to any state funding for disaster relief assistance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) The governing body of each county of this state may establish a local organization for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency management in accordance with the state emergency management plan and program, any municipality in such county may establish its own organization for emergency management. In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above-mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency

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management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director whose nomination must be endorsed by the director of emergency management prior to appointment by the Governor. The local director shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to Articles 1 through 3 of this chapter. (2) A local director appointed pursuant to the provisions of paragraph (1) of this subsection who is paid a salary for full-time service as a director by the political subdivision or political subdivisions shall have the following minimum qualifications: (A) The director shall be at least 21 years of age; (B) The director shall not have been convicted of a felony. The executive officer or governing body of a political subdivision which nominates a local director shall furnish the director of emergency management two sets of fingerprints of the nominee. The director of emergency management shall forward fingerprints received concerning each nominee to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of identification established by the Federal Bureau of Investigation. The Georgia Crime Information Center shall report the findings of its records search and the records search of the Federal Bureau of Investigation to the director of emergency management;

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(C) The director shall have completed a high school education or its equivalent and shall have successfully completed all initial courses required by the director of emergency management within 180 days following the date of nomination to office or within an extended period as determined by the director of emergency management and shall have successfully completed subsequent courses required by the director of emergency management within an appropriate period as determined by the director of emergency management; (D) The director shall be capable of writing plans for responding to and recovering from disasters in his jurisdiction and shall be routinely available to respond to emergency scenes, command posts, or operation centers; to coordinate emergency response of public and private agencies and organizations; to attend training; and to attend meetings convened by the appointing authority or the director of emergency management; and (E) The director shall not be self-employed or have any other occupation in the private sector which conflicts with his duties as a local director. (3) (A) If a local director appointed pursuant to the provisions of paragraph (1) of this subsection is a part-time director, such part-time director shall meet the minimum qualifications in subparagraphs (A) through (D) of paragraph (2) of this subsection. If such local director is employed under a 40 to 90 percent (time required on job) work contract, such local director shall be required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices. If such local director is employed under a 25 to 39 percent (time required on job) work contract, such local director shall be required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices.

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(B) If the part-time paid director is also a part-time paid employee of the federal or state government, he must have written authorization from the appropriate appointing authority to hold the position of director and to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (C) If the part-time paid director is also a part-time paid employee of county or municipal government in another capacity, that government must enact an order or ordinance specifying that such director will be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. The order or ordinance shall also specify that the individual, when acting as director, shall relinquish authorities and responsibilities associated with his other governmental employment and shall name a person to assume those authorities and responsibilities until such time as the director shall cease to function as director. In no case shall the county or municipal government seek or receive any reimbursement for the part-time paid director's salary if such director is employed and compensated by the county or municipality in another capacity. (D) If the part-time paid director is also a part-time paid employee in the private sector, he shall have a letter from his employer stating that he shall, without penalty, be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (E) If the part-time paid director is self-employed, he must certify, by letter, that his schedule shall permit him to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (4) If a political subdivision has a volunteer director, the political subdivision shall furnish assistance to enable

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the volunteer director to carry out his duties outlined in this article and Article 3 of this chapter. (5) The political subdivision shall designate an office in a building owned or leased by the political subdivision as the office of emergency management. Such office of emergency management shall have appropriate equipment and supplies, including but not limited to telephone and communication equipment, connections to the `911' system if such system is operational in the political subdivision, desks, typewriters, file cabinets, and necessary office supplies. No such equipment or supplies shall be used for personal business. The local director shall post on the front door of the office the schedule of hours of the work week in which he will be attending to emergency management matters. The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours. (6) A local director whose salary is reimbursed in part or in full by the Emergency Management Division shall also meet all requirements which may be imposed by the federal emergency management agency or its successor. (7) A local director who no longer meets the qualifications or complies with the requirements of this subsection may be removed by the director of emergency management. In any case where a local director is removed pursuant to this paragraph, the executive officer or governing body of the political subdivision shall nominate another local director. Section 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows: (f) (1) After December 31, 1993, any county which fails at any time to have established a local organization for emergency management in accordance with the state emergency management plan and program shall not be entitled to any state funding for disaster relief assistance.

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(2) After December 31, 1993, if a county has an organization for emergency management but a municipality within the county is not a part of the county's organization or plan and fails to have in place a local organization for emergency management in accordance with the state emergency management plan and program, such municipality shall not be entitled to any state funding for disaster relief assistance. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. CHILDREN BORN OUT OF WEDLOCK INHERITANCE FROM FATHER; INHERITANCE FROM CHILDREN BORN OUT OF WEDLOCK. Code Sections 53-4-4 and 53-4-5 Amended. No. 341 (House Bill No. 251). AN ACT To amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, is amended by striking subsection (c) of Code

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Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by children born out of wedlock, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) A child born out of wedlock may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless, during the lifetime of the father and after the conception of the child: (A) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establishing the father of the child born out of wedlock; (C) The father executed a sworn statement signed by him attesting to the parent-child relationship; or (D) The father signed the birth certificate of the child. (E) There is clear and convincing evidence that the child is the child of the father and that the father intended for the child to share in the father's intestate estate in the same manner in which the child would have shared if legitimate. (2) (A) Paragraph (1) of this subsection notwithstanding, a child born out of wedlock may inherit from or through his father or any paternal kin by reason of the paternal kinship if evidence of the presumption of paternity described in this Code section is filed with the court before which proceedings on the estate shall be pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence. (B) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there shall have been performed, after the conception of the child,

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parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. Parentage-determination genetic testing shall include, but not be necessarily limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein (electrophoresis) tests or testing by deoxyribonucleic acid (DNA) probes. (3) If one of the requirements of subparagraphs (A) through (E) of paragraph (1) of this subsection is fulfilled, or if the presumption of paternity set forth in paragraph (2) of this subsection shall have been established and shall not have been rebutted by clear and convincing evidence, a child born out of wedlock may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin, whether collateral or lineal. Section 2. Said article is further amended by striking subsection (b) of Code Section 53-4-5, relating to inheritance from a child born out of wedlock, which reads as follows: (b) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if a court of competent jurisdiction, during the lifetime of the father and after the conception of the child, has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law, or has otherwise entered a court order establishing the father of the child born out of wedlock. If no such order has been entered, neither the father nor any paternal kin may inherit from the child born out of wedlock by reason of the paternal kinship., and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through

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the child born out of wedlock in the same manner as if the child were legitimate if, after the conception of the child: (A) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establishing the father of the child born out of wedlock; (C) The father executed a sworn statement signed by him attesting to the parent-child relationship; (D) The father signed the birth certificate of the child; or (E) The presumption of paternity described in subparagraph (c)(2)(B) of Code Section 53-4-4 has been established and has not been rebutted by clear and convincing evidence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any paternal kin shall inherit from or through a child born out of wedlock if it shall be established, by a preponderance of evidence, that the father, during his lifetime and after the birth of the child, failed or refused to openly treat the child as his own or failed or refused to provide support for the child. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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AD VALOREM TAXES COUNTY BOARD OF TAX ASSESSORS; ADDITIONAL DUTIES; APPEALS. Code Section 48-5-311 Amended. No. 342 (House Bill No. 257). AN ACT To amend 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 specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization; to provide for other matters relative 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subparagraph (e)(6)(C) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in its place a new subparagraph (e)(6)(C) to read as follows: (C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.

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(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. BREACH OF RESTRICTIVE COVENANTS STATUTE OF LIMITATIONS; BUILDING SET-BACK LINES. Code Section 9-3-29 Amended. No. 343 (House Bill No. 259). AN ACT To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines; to provide that this Code section shall not affect limitations on actions in equity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows: 9-3-29. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. APPRAISAL STAFF AND BOARD OF TAX ASSESSORS MEMBERS; ENTRANCE ON PROPERTY TO MAKE APPRAISAL. Code Section 48-5-264.1 Enacted. No. 344 (House Bill No. 264). AN ACT To amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value

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of taxable property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, is amended by adding a new Code Section 48-5-264.1 to read as follows: 48-5-264.1. The chief appraiser, other members of the county property appraisal staff, and members of the county board of tax assessors may go upon property outside of buildings, posted or otherwise, in order to carry out the duty of making appraisals of the fair market value of taxable property in the county, other than property returned directly to the commissioner; provided, however the person representing the board shall carry identification which is sufficiently prominent to permit the occupant to readily ascertain he is such representative and if practicable shall first advise the occupant of his purpose. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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AD VALOREM TAXES AGRICULTURAL PROPERTY; PREFERENTIAL ASSESSMENT COVENANT PERIODS; FINAL SETTLEMENTS; UNPAID TAXES. Code Sections 48-5-7.1 and 48-5-153 Amended. No. 345 (House Bill No. 266). 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 certain provisions relating to the beginning date of certain preferential assessment covenant periods; to change certain provisions regarding the making of certain final settlements by tax officials; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (d) of Code Section 48-5-7.1, relating to the preferential tax assessment, and inserting in its place a new subsection (d) to read as follows: (d) No property shall qualify for preferential assessment unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide agricultural purposes for a period of at least ten years beginning on the first day of January of the year in which such property qualifies for preferential assessment and ending on the last day of December of the tenth year of the covenant period. After the expiration of any ten-year covenant period, the property shall not qualify for further preferential assessment until and unless the owner of the property enters into a renewal covenant for an additional period of ten years. Section 2. Said Chapter is further amended by adding a subsection (c) at the end of Code Section 48-5-153, relating to certain reports of unpaid taxes, to read as follows:

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(c) With respect to any county operating on a fiscal year basis, the settlement period of subsection (b) of this Code section shall be within four months following the end of such fiscal year. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all taxable years beginning on or after January 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. VITAL RECORDS CERTIFICATION; BIRTH AND DEATH CERTIFICATES; DISPOSITION OF DEAD BODY OR FETUS; LISTINGS OF DEATH. Code Sections 31-10-8, 31-10-9, 31-10-11, 31-10-13, 31-10-15, 31-10-20, 31-10-23, and 31-10-29 Amended. No. 346 (House Bill No. 269). AN ACT To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change who certifies certain reports and certificates to county treasurers; to change the provisions relating to registration of births; to change the provisions relating to registration of delayed certificates of birth; to change when and by whom certificates of death and certain medical certifications must be filed, completed, signed, and returned; to change the provisions relating to certificates of birth for adoptees born outside the state; to change the provisions relating to permits for certain dispositions of a dead body or fetus; to change the provisions relating to amendments of certificates or reports; to change the provisions relating to certain listings of

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deaths in institutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (a) of Code Section 31-10-8, relating to certifications to county treasurers of certain births and deaths, and inserting in its place a new subsection to read as follows: (a) The local registrar shall certify to the treasurer of the county each month the number of birth and death certificates and spontaneous fetal death reports filed with the state office of vital records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county. Section 2. Said chapter is further amended by striking Code Section 31-10-9, relating to registration of births, and inserting in its place a new Code Section to read as follows: 31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs within ten days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. If the physician in attendance does not certify to the facts of birth within the 72 hour period, the person in charge of the institution or that person's designated representative shall complete and sign the certificate. (c) Except as provided in subsection (b) of this Code section, when a birth occurs outside an institution, the certificate

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shall be prepared and filed by one of the following in the indicated order of priority: (1) The physician or midwife in attendance at or immediately after the birth, or in the absence of such person; (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person; (3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the

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father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of this Code section. (g) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the recorded person by name and the name of each legal parent of such person and the name of all other persons required by this Code section or by regulation. No obscenities, numbers, symbols, or other such nonidentifying name information will be accepted. If a legal parent has not decided upon a name for the child before the time limits established in this Code section, the birth record shall be registered without the child's name unless a court order provides otherwise. Section 3. Said chapter is further amended by striking Code Section 31-10-11, relating to delayed certificates of birth, and inserting in its place a new Code section to read as follows: 31-10-11. (a) When a certificate of birth of a person born in this state has not been filed before that person's first birthday, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth.

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(b) Delayed certificates of birth filed after the first birthday shall be made on forms prescribed by the state registrar, marked `Delayed,' and shall show on their face the date of the delayed registration. (c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of birth. (d) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons for this action and shall further advise the applicant of the applicant's right of judicial appeal. (e) The department may by regulation provide for the dismissal of an application which is not actively prosecuted. (f) No delayed certificate of birth shall be registered for a deceased person. Section 4. Said chapter is further amended by striking subsection (f) of Code Section 31-10-13, relating to certificates of adoption, and inserting in its place a new subsection to read as follows: (f) The following shall apply to certificates of birth of adopted persons born in a foreign country: (1) The state registrar shall establish a certificate of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certificate. The new birth certificate shall be prepared on a `Certificate of Foreign Birth' as prescribed by the state registrar; and

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(2) If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a `Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State. Section 5. Said chapter is further amended by striking subsections (a) and (c) of Code Section 31-10-15, relating to filing death certificates, and inserting in their respective places new subsections to read as follows: (a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within five days after the death but prior to the final disposition or removal of the body from this state as follows: (1) If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be the date the body was found and the certificate marked as such; or (2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined. (c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the `Georgia Post-mortem Examination Act.' In the absence of said physician or with that physician's approval

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the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. Section 6. Said chapter is further amended by striking Code Section 31-10-20, relating to permits for burial, removal, and transit of dead bodies, and inserting in its place a new Code section to read as follows: 31-10-20. (a) The funeral director or person acting as such or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit prior to cremation or removal from the state of the body or fetus. A disposition permit may be required within the state by local authorities. (b) Such disposition permit shall be made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week. (c) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. (d) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition. (e) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution. (f) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper

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application, in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminally liable therefor if it is issued in good faith. (g) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties to issue disposition permits. Section 7. Said chapter is further amended by striking subsections (a) and (f) of Code Section 31-10-23, relating to amendments to certificates, and inserting in their respective places the following: (a) Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. (f) An order from a superior court or probate court shall be required to change the year of birth shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days' notice of said hearing. The state registrar or the authorized representative

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thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. Section 8. Said chapter is further amended by striking subsection (b) of Code Section 31-10-29, relating to privileged disclosures, and inserting in its place a new subsection to read as follows: (b) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution or that administrator's designated representative shall send to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. WORKERS' COMPENSATION VOLUNTEERS; CERTAIN PERSONS COVERED. Code Section 34-9-1 Amended. No. 347 (House Bill No. 291). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change

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the conditions under which volunteers of fire departments, law enforcement agencies, emergency management or civil defense organizations, emergency medical services, or rescue organizations and persons certified as medical first responders may be covered employees; to provide for construction; 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 firefighters, law enforcement personnel, 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 services rendered in such capacity which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified

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by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Section 38-3-36 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 for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity 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 for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 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 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

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State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 2. Nothing in 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. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. EQUINE ACTIVITIES IMMUNITY FROM LIABILITY; DEFINITIONS; EXCEPTIONS; NOTICE. Code Title 4, Chapter 12 Enacted. No. 348 (House Bill No. 292). AN ACT To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding at the end thereof a new Chapter 12 to read as follows:

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CHAPTER 12 4-12-1. The General Assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The General Assembly also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety. It is, therefore, the intent of the General Assembly to encourage equine activities by limiting the civil liability of those involved in such activities. 4-12-2. As used in this chapter, the term: (1) `Engages in an equine activity' means riding, training, providing or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management. The term `engages in an equine activity' does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the equine activity. (2) `Equine' means a horse, pony, mule, donkey, or hinny. (3) `Equine activity' means: (A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting; (B) Equine training or teaching activities, or both; (C) Boarding equines;

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(D) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; (F) Placing or replacing horseshoes on an equine; and (G) Examining or administering medical treatment to an equine by a veterinarian. (4) `Equine activity sponsor' means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs; 4-H clubs; hunt clubs; riding clubs; school and college sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held. (5) `Equine professional' means a person engaged for compensation in: (A) Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; (B) Renting equipment or tack to a participant; or (C) Examining or administering medical treatment to an equine as a veterinarian. (6) `Inherent risks of equine activities' means those dangers or conditions which are an integral part of equine activities, including, but not limited to:

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(A) The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them; (B) The unpredictability of an equine's reaction to such things as sounds, sudden movement, and unfamiliar objects, persons, or other animals; (C) Certain hazards such as surface and subsurface conditions; (D) Collisions with other equines or objects; and (E) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability. (7) `Participant' means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity. 4-12-3. (a) Except as provided in subsection (b) of this Code section, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subsection (b) of this Code section, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.

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(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant's representations of his ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws. 4-12-4. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional or the equine activity sponsor conducts equine activities. The warning notice specified in subsection (b) of this Code section shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's or the equine activity sponsor's business, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.

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(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice: WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the Official Code of Georgia Annotated. (c) Failure to comply with the requirements concerning warning signs and notices provided in this Code section shall prevent an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this chapter. Section 2. This Act shall apply only to causes of action filed on or after July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. PUBLIC RETIREMENT SYSTEMS STANDARDS LAW HEALTH CARE BENEFIT COSTS; PREFUNDING; EXCEPTION. Code Section 47-20-10 Amended. No. 349 (House Bill No. 296). AN ACT To amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the Public Retirement Systems Standards Law, so as to provide that prefunding anticipated

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future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the Public Retirement Systems Standards Law, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be maintained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, and, for the purposes of that Code section and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 DEFINITIONS; PERSONNEL; PERMITS; COMPLAINTS; FINES; DELAYED EFFECTIVE DATE. Code Title 20, Chapter 3, Article 7, Part 1A Amended. No. 350 (House Bill No. 317). AN ACT To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Nonpublic Postsecondary Educational Institutions Act of 1990, so as to change the provisions relative to certain definitions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions; to change the time for filing applications for renewal of permits; to change the time for notification of release of sureties on certain bonds; to change the provisions relative to the filing of complaints; to change the provisions relative to fines for violations; to provide for the transfer of certain personnel; to amend the Act enacting the Nonpublic Postsecondary Educational Institutions Act of 1990, approved April 11, 1990 (Ga. L. 1990, p. 1166), so as to delete the provisions relating to a delayed effective date; to provide to other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the Nonpublic Postsecondary Educational Institutions Act of 1990, is amended by striking paragraphs (8) and (12) of Code Section 20-3-250.2, relating to definitions, in their entirety and substituting in lieu thereof, respectively, new paragraphs (8) and (12) to read as follows: (8) `Education' or `educational services,' or like term, means, but is not limited to, any class, course, or program of training, instruction, study, or testing. (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 any telecommunications or electronic media technology. Section 2. Said part is further amended by striking subparagraph (a)(1)(C) of Code Section 20-3-250.6, relating to minimum standards for nonpublic postsecondary educational institutions, in its entirety and substituting in lieu thereof a new subparagraph (C) to read as follows: (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 director and instructor shall satisfactorily meet educational qualifications and other requirements established by the commission;. Section 3. Said part is further amended by striking subsection (e) of Code Section 20-3-250.9, relating to applications of agents, in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:

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(e) At least 90 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. Section 4. Said part is further amended by striking subsection (e) of Code Section 20-3-250.10, relating to surety bonds, in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (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 90 days prior to such release; but such release 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. Section 5. Said part is further amended by striking subsection (a) of Code Section 20-3-250.14, relating to the filing of complaints, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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. A complaint shall be filed with the executive director within a reasonable period of time, as determined by regulations of the commission, after the event giving rise to the complaint. The complaint shall set forth the alleged violation and shall contain such other information as may be required by the commission. A complaint

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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. Section 6. Said part is further amended by striking Code Section 20-3-250.21, relating to fines for violations, in its entirety and substituting in lieu thereof a new Code Section 20-3-250.21 to read as follows: 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 20-3-250.8 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. Section 7. Said part is further amended by designating the present language of Code Section 20-3-250.24, relating to compensation and benefits of employees, as subsection (a) of that Code section and by adding at the end thereof a new subsection (b) to read as follows: (b) Those positions and employees of the Department of Education which are assigned the sole responsibility for management, professional, and clerical services to nonpublic postsecondary schools and proprietary schools programs are transferred to the commission. All such employees transferred to the commission shall retain all existing rights under the state merit system, the Employees' Retirement System of Georgia, and the Teachers Retirement System of Georgia. Section 8. An Act enacting the Nonpublic Postsecondary Educational Institutions Act of 1990, approved April 11, 1990 (Ga. L. 1990, p. 1166), is amended by striking Section 6 which reads as follows:

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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., in its entirety. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. STATE BOARD OF TECHNICAL AND ADULT EDUCATION POLICY; REDUCTION IN FORCE. Code Section 20-4-35 Enacted. No. 351 (House Bill No. 320). AN ACT To amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding at the end thereof a new Code Section 20-4-35 to read as follows: 20-4-35. The State Board of Technical and Adult Education shall develop and implement a policy which provides for an orderly and fair process to be used in the event any reduction in force becomes necessary. The reduction in force policy shall provide that: (1) Presidents of state technical institutes shall devise a plan for a reduction in force for their respective institutions; (2) Any reduction in force within an institution shall be limited to that institution; (3) The institute president shall decide the competitive area and competitive group to which any reduction in force is applicable; (4) All individuals within a competitive group will participate in the reduction in force process, regardless of whether they are in the classified or unclassified service, tenured or nontenured; (5) The State Board of Technical and Adult Education shall prescribe the basis for determining retention credits which shall be uniform among all state technical institutes; (6) Plans describing the process by which a reduction in force would be conducted within each state technical institute shall be approved by the State Board of Technical and Adult Education; and (7) Any employee of a state technical institute who believes the approved plan for that institution was not followed, shall have the right to appeal to the State Board of

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Technical and Adult Education, and the decision of the board shall be final. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. SHELLFISH REGULATION DEFINITIONS; RECORDS; PERMITS; HARVESTING AND TAKING; RESTRICTIONS; PROGRAMS; USE; INSPECTION. Code Title 27 Amended. No. 352 (House Bill No. 323). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish; to provide for definitions; to delete certain rights to take shellfish from streams and estuaries; to change certain provisions relating to required records with respect to commercial fishing; to delete certain requirements for the maintaining of certain records by seafood sellers; to change certain provisions relating to the maintenance of certain records by seafood suppliers; to delete certain provisions with respect to the regulation of oysters and clams; to provide for the commercial and recreational harvest of shellfish; to provide for permits; to provide for methods of taking shellfish generally; to provide for transplanting shellfish; to provide for facilities for the controlled purification of shellfish; to provide for certain minimum size restrictions for the taking of shellfish for commercial or recreational purposes; to provide for times and places for taking shellfish; to provide for the distribution of culch material; to provide for a shellfish program; to provide for the tagging and shipment of shellfish; to provide for the lease of shellfish beds; to regulate the use of shellfish; to provide for inspections; to prohibit the production, manufacture, or possession of certain forged or false documents, records, or permits; to provide

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for powers, duties, and responsibilities of the Department of Natural Resources, and the commissioner of natural resources with respect to the foregoing; to provide for criminal penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding two new paragraphs immediately following paragraph (65) of Code Section 27-1-2, relating to definitions regarding game and fish, to be designated paragraphs (65.1) and (65.2), respectively, to read as follows: (65.1) `Shellfish' means common bivalve mollusks which includes all edible species of oysters, clams, mussels, or other bivalves. (65.2) `Shellfish management area' means a wildlife management area where shellfish are managed by the state or lessees for the propagation of shellfish. Section 2. Said title is further amended by striking Code Section 27-4-3, relating to the right to take shellfish from streams or estuaries, which reads as follows: 27-4-3. Any person owning the real property on both sides of a tidal stream or estuary for its entire length shall have the exclusive right to take the shellfish from such stream or estuary. Where the real property on both sides of a tidal stream or estuary is owned by two or more persons, then the exclusive right to take the shellfish from such stream or estuary may be exercised jointly by such persons. These rights are conditioned on such person or persons posting on either side of the entrance of the stream or estuary a sign with letters not less than six inches in height, which sign shall read `POSTED, NO TAKING OF SHELLFISH.' It shall be unlawful for any person to take any shellfish from any such tidal stream or estuary after it has been so posted; provided, however, this prohibition shall not apply to persons fin fishing. No such owner shall be permitted to construct barricades or other obstacles across such

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stream or estuary to prevent ingress or egress to or from the stream or estuary., and inserting in its place the following: 27-4-3. Reserved. Section 3. Said title is further amended by striking Code Section 27-4-118, relating to required records, and inserting in its place a new Code Section 27-4-118 to read as follows: 27-4-118. Except for the taking of shellfish, it shall be unlawful for any boat or vessel used in commercial fishing or in the taking of seafood in the salt waters of this state to fail to maintain at all times a record book showing the amount of fish, prawn, shrimp, and other seafood caught daily; the name and address of the person or persons to whom sold; the date of sale and the time and place of delivery; and such other information as may be required by the department. Such records shall be available for inspection by authorized staff of the department. Section 4. Said title is further amended by striking Code Section 27-4-135, relating to maintenance of records by sellers, which reads as follows: 27-4-135. (a) It shall be unlawful for any person who purchases for the purpose of sale or who in fact sells fish, oysters, prawn, shrimp, or other seafood to fail to maintain records showing the amount of such seafood bought daily and from whom the seafood was purchased. (b) It shall also be unlawful for any master collecting permittee to fail to report to the department, on appropriate forms provided by the department, the volume of the oysters, clams, or both harvested during the past open season and the location where the oysters, clams, or both were harvested., and inserting in its place the following: 27-4-135. Reserved.

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Section 5. Said title is further amended by striking Code Section 27-4-136, relating to maintenance of records by suppliers, and inserting in its place a new Code Section 27-4-136 to read as follows: 27-4-136. (a) It shall be unlawful for any person owning or operating shellfish canning or shucking facilities or otherwise dealing in purchasing, landing, packing, or supplying raw shrimp, shellfish, crabs, fish, or other seafood for commercial purposes to fail to keep a record in which is entered the amount of shrimp, shellfish, crabs, fish, or other seafood taken from Georgia waters for commercial purposes; the name of each person from whom purchased; the date and price of purchase; the grade and quantity purchased; the name, number, and approximate tonnage of the boat in which they were brought to the facility; the number of calendar days expended in harvesting the product; the approximate location or locations of harvest; the quantity canned and packed for shipment; and the date and amount of each shipment. It shall be unlawful for any such person to fail to make an itemized written report to the department of the information required by this Code section in a form as prescribed by the department by not later than the fifth day of each month. (b) It shall be unlawful for any master collecting permittee to fail to maintain records in a form as prescribed by the Department of Agriculture. Section 6. Said title is further amended by striking Part 4 of Article 4 of Chapter 4, relating to oysters and clams, which reads as follows: Part 4 27-4-190. (a) It shall be unlawful to take oysters or clams for commercial purposes or to take more than two bushels of oysters or one bushel of clams per person with a maximum of six bushels of oysters or two bushels of clams per boat per day for noncommercial use without first having obtained a master collecting permit, which permit shall specify whether the permittee is authorized to take oysters, clams, or both. Such permits shall be provided annually, at no cost, by the department but shall only be issued to persons with the

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right to harvest oysters or clams pursuant to Code Sections 44-8-6 through 44-8-8 or to holders of leases from such persons; provided, however, employees of such persons or lessees may lawfully take oysters or clams for commercial purposes from such beds when they carry on their person written permission from the master collecting permittee to take oysters, clams, or both and possess a valid commercial fishing license and, when a boat is used, a valid commercial fishing boat license as provided in Code Sections 27-4-110 and 27-2-8, respectively. Such permission shall indicate the date of issuance, the authorized period of taking, the name of the master collecting permittee, the permit number, the number of the state agriculture certificate, and the name of the authorized employee and shall have attached a National Oceanic and Atmospheric Administration (NOAA) chart showing the location of the authorized taking. It shall be unlawful for any person to take oysters or clams from unauthorized locations and during unauthorized periods of taking. (b) The master collecting permittee shall file with the department a copy of the written permission and chart specified in subsection (a) of this Code section. The copy shall be filed prior to the taking of oysters or clams by any person pursuant to such permission. (c) A master collecting permit shall not be issued if the permittee failed to comply with Code Section 27-4-196 during the previous season or if the issuance of the permit is determined not to be in accordance with sound, current principles of wildlife research and management by the department. 27-4-191. It shall be unlawful to take oysters, clams, or both by the use of a dredge without the master collecting permittee first obtaining a shellfish dredging permit from the department as provided in Code Section 27-2-23. The department is authorized to deny any such permit or to condition the permit in accordance with sound, current principles of wildlife research and management. In addition, each master collecting permittee who applies for a shellfish dredging permit must execute a bond, with a bonding, surety, or insurance company which is solvent financially and is duly authorized to do business in this state, in the amount of $5,000.00 payable to the State of Georgia. The bond shall be filed with the department

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and conditioned upon the faithful compliance of the permittee and all his employees with all the laws and regulations relating to the taking of oysters, clams, or both. The bond shall be in addition to the commercial fishing boat license, the commercial fishing license, the master collecting permit, and the shellfish dredging permit required by this title. 27-4-192. (a) It shall be unlawful for any person to take for commercial purposes any oysters in any of the salt waters of this state with or by a scoop, rake, or drag or by the use of manual or mechanical oyster tongs or to use a shellfish dredge other than one permitted by the department in accordance with Code Section 27-4-191; provided, however, the department may authorize and condition the use of other equipment for taking oysters for commercial purposes when the department determines that the use of the equipment is in accordance with current, sound principles of wildlife research and management. It shall be unlawful to take oysters for commercial purposes with such other equipment unless written permission from the department is in the possession of the person responsible for the on-site operation of the equipment and unless the conditions of the written authorization are being met. (b) It shall be unlawful for any person to take oysters for noncommercial purposes by any instrument other than a hand-held implement. (c) It shall be unlawful for any person to take clams for commercial purposes by any instrument other than a clam rake, manual or mechanical tongs, a shellfish dredge in accordance with Code Section 27-4-191, or a hand-held implement. (d) It shall be unlawful for any person to take clams for noncommercial purposes by any instrument other than a clam rake or other hand-held implement. 27-4-193. (a) It shall be unlawful to take oysters and clams for the purpose of transplanting unless the oysters and clams are being transplanted from unapproved growing areas to approved growing areas or within or between approved growing areas and unless prior written approval from the department has been obtained. It shall also be unlawful to take oysters and clams for the purpose of transplanting by any

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means other than that provided by Code Section 27-4-192. For the purposes of this chapter, the term `approved growing area' means that area approved by the department for shellfish harvesting; and the term `unapproved growing area' means all other areas. In approving growing areas, the department shall consider guidelines established by the United States Food and Drug Administration as part of its shellfish sanitation program and current, sound wildlife management principles as provided in Code Section 27-4-130. (b) It shall be unlawful to build or operate a facility for controlled purification of shellfish without prior written permission from the department. In issuing such permission the department will consider guidelines established by the United States Food and Drug Administration and current, sound wildlife management principles as provided in Code Section 27-4-130. 27-4-194. (a) It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster. It shall also be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. (b) It shall be unlawful to take any clam for commercial or noncommercial purposes when the maximum depth of the shells of the clam measures less than one inch thickness from one shell half to the other. 27-4-195. (a) It shall be unlawful to take oysters from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or to close for the purpose of taking oysters all or any portion of the salt waters of this state at any time from January 1 to December 31, provided that the commissioner

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has determined that the opening or closing is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (b) It shall be unlawful to take clams from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this state at any time from January 1 through December 31, provided that the commissioner has determined that the taking of clams is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (c) It shall be unlawful to give permission to take oysters, clams, or both from any area not opened pursuant to this Code section. (d) It shall be lawful for any person to take not in excess of two bushels of oysters or one bushel of clams per person per day for noncommercial purposes with a maximum of six bushels of oysters or two bushels of clams per boat per day, provided the person has on his person, while so taking, written permission from the landowner authorizing the taking. 27-4-196. (a) It shall be unlawful for any person gathering oysters for commercial purposes from beds other than those leased from the state to fail to do one of the following each year: (1) Distribute upon areas designated by the department at least 33[prime] percent by volume of the oyster shells taken by such commercial oyster gatherer during the immediately preceding open season; (2) Transplant at least such amount by volume of oysters from unapproved growing areas in accordance with the requirements of this article; or (3) Transplant at least such amount by volume of culch material. (b) Oyster shells taken from beds leased from the state remain the property of the state. It shall be unlawful for any

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person taking oysters from such beds to fail to return to the beds the shells taken therefrom in such amounts as are specified in the lease agreement. (c) Such shell deposition, oyster transplanting, or deposition of culch material shall be done under the direction or supervision of the department and shall be completed between April 1 and July 31 of each year. (d) For the purposes of this Code section, `culch material' means that material which is approved by the department and which is conducive to larval oyster attachment, including, but not limited to, oyster shells, clam shells, scrub oak brush, cement-coated shingles, aggregate lime rock two inches or less in diameter, nongalvanized wire fencing, and any other similar material. 27-4-197. (a) The department and the Department of Agriculture shall conduct a shellfish sanitation program sufficient to be certified by the United States Food and Drug Administration for interstate shipment of oysters and clams produced in this state. (b) It shall be unlawful for any person handling oysters or clams in the shell for purposes of shipment to fail to ship such shellfish in clean barrels, bags, crates, baskets, or other containers. It shall also be unlawful to fail to attach to each such container a tag obtained from the department. The tag shall indicate the place and date the oysters or clams were gathered, the name and address of the consignee, the kind of shell stock in the container, the name of the shipper, and the Department of Agriculture certificate number. 27-4-198. (a) Any lease of oyster beds, clam beds, or both from the department in effect as of March 16, 1977, shall remain in full force and effect until the expiration of the lease or termination pursuant to law. (b) Any person desiring to lease any state owned oyster beds, clam beds, or both pursuant to this Code section shall make application therefor in writing to the department. The application shall include the name and legal residence of the applicant, a National Oceanic and Atmospheric Administration

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(NOAA) chart indicating the area desired to be leased, the names and addresses of adjacent landowners as recorded on county tax maps, the proposed plans for working the beds, and such other information as the department may require. The application shall be accompanied by a certified check, cashier's check, or money order in the amount of $50.00, which shall serve as evidence of the good faith of the applicant and which shall only be returned to an applicant who bids for but fails to secure a lease. The check or money order of an applicant securing a lease shall be applied to the amount due and owing to the department under the terms of the lease. (c) Upon receipt of the application for the lease of oyster beds, clam beds, or both, the department shall make an inspection of the area sought to be leased and ascertain the general nature, character, surroundings, and resource value of the area. In the event the department determines that the area or a portion thereof is suitable for leasing and such a lease would be in the best interests of the state, the department may then offer for lease, through public competitive bidding, all or any portion of the area described in the application. The department shall cause to be published once a week for two consecutive weeks in the legal organ of the county or counties wherein is situated the area to be bid upon an advertisement of an invitation for bids, setting forth therein an accurate description of the area proposed to be leased; the date, time, and place when and where bids therefor will be received; and such other information as the department may deem necessary. Prior to such advertisement, the department shall prepare a proposed form of lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the department may prescribe. Sealed bids shall be submitted to the department, and each bid shall be accompanied by a bid bond in such form as the department may prescribe. The lease form shall contain provisions regarding the term of the lease, which shall be a maximum of 15 years; the time and place of payment for the lease; the method of taking oysters or clams; the replanting of oyster beds; the placement and type of posts used to mark the site of the leased area; and such other terms as the department deems necessary. (d) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation

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for bids. The department shall formally determine and announce which bid and bidder it considers to be most advantageous to the state. In so considering, the department shall give preference to residents over nonresidents who have submitted equal bids. The department shall also give preference to persons who do not already lease oyster or clam beds pursuant to this Code section over other persons submitting equal bids. The department shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (e) Oyster or clam beds leased pursuant to this Code section shall be posted at the site by the lessee so as to identify clearly the area so leased. The lessee shall also have a copy of the lease recorded, within 30 days of execution of the lease, by the clerk of the superior court of the county wherein the leased area is located. 27-4-199. (a) The distribution, sale, or possession with intent to distribute or sell any oysters or clams shall be primafacie evidence that the oysters or clams were intended for use as food unless prior written approval from the department authorizing such possession of oysters for the purpose of transplanting is presented. (b) Conservation rangers and other authorized representatives of the department are authorized to take samples from, to enter and have access to, and to inspect during normal working hours and at any time when the licensed or authorized activity is being conducted all oyster and clam beds, places of business, and other places where oysters, clams, or both are grown, kept, stored, sold, or had in possession with intent to distribute, sell, or give away. Such personnel are also authorized at any time, except at places of business, to take such samples of oysters or clams as are necessary to carry out the purposes of this article and to have access to and take samples from all streams, tributaries thereof, and lands adjacent thereto, the waters draining from which may come into contact with oysters or clams. It shall be unlawful for any person to obstruct or in any way interfere with any conservation ranger or other authorized representative of the department in carrying out the purposes of this article., and inserting in its place a new Part 4 to read as follows:

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Part 4 27-4-190. (a) It shall be unlawful to take or possess shellfish in commercial quantities or for commercial purposes without first having obtained a master collecting permit or without proof of purchase that such shellfish were purchased from a certified shellfish dealer. Master collecting permits shall specify whether the permittee is authorized to take oysters, clams, or other shellfish and shall only be issued to persons certified by the Department of Agriculture to handle shellfish unless permission to take and possess shellfish for mariculture purposes has been granted by the department as described in subsection (d) of Code Section 27-4-197. Such permits shall be provided annually at no cost by the department but shall only be issued to persons with the right to harvest shellfish pursuant to Code Sections 44-8-6 through 44-8-8 or to holders of leases from such persons. A permittee may request authorization from the department for employees or agents, who shall be referred to as pickers, of such permittee to take shellfish from permitted areas. Such request shall be in writing to the department and shall include the name, address, and personal commercial fishing license number of the picker. It shall be unlawful for pickers to take or possess shellfish as authorized under their employer's master collecting permit unless they carry on their person while taking or in possession of shellfish a picker's permit as provided by the department indicating the exact area and circumstances allowed for taking. Such pickers' permits and charts shall be provided annually by the department at no cost and shall be in a form as prescribed by the department. Pickers must possess a valid personal commercial fishing license as provided for in Code Section 27-4-110 and, when a boat is used, a valid commercial fishing boat license as provided in Code Section 27-2-8. Master collecting permits and pickers' permits shall not be issued to persons who have been convicted three times in the two years immediately preceding the filing of an application for a permit, of violations of this Code section, subsection (b) of Code Section 27-4-193, subsections (a) and (b) of Code Section 27-4-195, or Code Section 27-4-199. Master collecting permits and pickers' permits issued to master collecting permittees' agents shall be surrendered to the department upon termination of Department of Agriculture certification for handling shellfish, upon termination of right to harvest shellfish, or upon violation of any provision of this title. If a

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picker is removed from authorization to take shellfish by the master collecting permittee, that picker shall immediately surrender to the department his picker's permit. It shall be unlawful to possess unauthorized picker's permits or pickers' permits issued to another person. (b) It shall be unlawful for any person to take or possess shellfish from unauthorized locations and during unauthorized periods of taking. It shall be unlawful to take shellfish except between the hours of one-half hour before sunrise and one-half hour after sunset. (c) A master collecting permit shall not be issued if the permittee has failed to comply with Code Section 27-4-196 during the previous harvest season or if the issuance is determined not to be in accordance with sound, current principles of wildlife research and management by the department. Permits may be revoked according to Code Section 27-2-25. (d) It shall be unlawful to take any quantity of shellfish for commercial purposes from public recreational harvest areas. Recreational quantities of oysters in the shell shall be two bushels per person with up to six bushels per boat per day. Recreational quantities of clams in the shell shall be one bushel or less per person with no more than one bushel per boat per day. Recreational quantities of shucked oysters or clams or a combination thereof shall be one gallon per day. It shall be unlawful to recreationally harvest shellfish except in areas designated by the commissioner except that private property owners or persons authorized by private property owners may harvest recreational quantities of shellfish from areas for which they have harvest rights to shellfish if they have in their possession proof of ownership or a letter of permission from the property owner stating the dates allowed to take shellfish, type of shellfish which may be taken, and a description of the area allowed for such taking. Private property owners wishing to harvest recreational quantities of shellfish or to issue permission to others to harvest recreational quantities of shellfish shall notify the department in writing prior to the taking of shellfish or the permitting of others to take shellfish so harvest areas can be opened according to Code Section 27-4-195. Permission to recreationally harvest shellfish in public recreational harvest areas shall be granted to all residents and nonresidents

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upon the designation of individual public recreational harvest areas. 27-4-191. Reserved. 27-4-192. (a) Unless authorized by the department, it shall be unlawful for any person to take or possess for commercial purposes any shellfish taken from the salt waters of this state except by hand or hand-held implement. The department may authorize the use of other equipment for taking shellfish for commercial purposes upon such conditions as the department determines are in accordance with current, sound principles of wildlife research and management. It shall be unlawful to take or possess shellfish taken by such other equipment unless prior written approval has been obtained from the department and unless a copy of the written permission is on the person of the authorized harvester and unless the conditions of the written authorization are being met. Such other equipment includes, but is not limited to, rock dredges, escalator dredges, hydraulic dredges, mechanical tongs, patent tongs, and any power drawn or driven device. (b) It shall be unlawful for any person to take or possess shellfish for recreational purposes using any instrument other than hand or hand-held implement. 27-4-193. (a) As used in this Code section, the term `approved growing area' means that area or areas approved by the department for shellfish harvesting and `unapproved growing area' means all other areas. (b) It shall be unlawful to take or possess shellfish from unapproved growing waters except at such times and places as the department may establish. The department is authorized to close approved growing areas to allow transplanting at any time between January 1 and December 31. It shall be unlawful to engage in transplanting of shellfish from unapproved growing areas without written authorization from the department. Such authorization may condition the transplanting upon compliance with current, sound principles of wildlife research and management. In approving growing areas, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program at the time of

Page 707

approval of the growing areas and current, sound principles of wildlife research and management. (c) It shall be unlawful to build or operate a facility for controlled purification of shellfish without prior written authorization from the department. In issuing such authorization, the department shall consider such current guidelines as have been established by the National Shellfish Sanitation Program and the rules and regulations of the Department of Agriculture at the time of such authorization. 27-4-194. (a) It shall be unlawful to take any oysters for noncommercial purposes when the shells of the oysters measure less than three inches from hinge to mouth, except that oysters less than three inches from hinge to mouth may be removed if attached to an oyster of that minimum size and the oyster so attached cannot be removed without destroying the three-inch oyster. It shall also be unlawful for any person engaged in shucking or canning oysters for market to shuck, can, purchase, or have in possession any quantity of oysters containing more than 5 percent of oysters of prohibited size as defined in this Code section. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to the minimum-size oysters. Oysters of prohibited size as defined in this Code section may be taken or possessed if prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the oyster. (b) It shall be unlawful to take or possess any clam for commercial or recreational purposes when the maximum depth of the shell of the clam measures less than one inch thickness from one shell half to the other unless prior written approval has been obtained from the department and such approval is on the person of the harvester or person in possession of the clam. 27-4-195. (a) It shall be unlawful to take shellfish from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or close for the purpose of taking shellfish any or a portion of the salt waters of this state at any time between January 1 and December 31 provided that he has determined that such action in opening or closing said salt

Page 708

waters is in accordance with current, sound principles of wildlife research and management. (b) It shall be unlawful to give permission to take shellfish from any area not opened pursuant to this Code section or to give permission to harvest shellfish from areas for which the individual granting such permission does not have harvest rights. 27-4-196. (a) As used in this Code section, the term: (1) `Culch' includes, but is not limited to, oyster shells, clam shells, and other shellfish shells when those shells originated from Georgia salt waters; oak brush, cementcoated shingles, nongalvanized wire fencing, small gravel, and any other material approved by the department. (2) `Culch material' means that material which is approved by the department and which is conducive to larval oyster attachment. (b) It shall be unlawful for any permittee authorized pursuant to Code Section 27-4-190 to gather oysters for commercial purposes from beds other than those leased from the state to fail to do one of the following each year: (1) Distribute upon areas designated by the department at least 33[prime] percent by volume of oyster shells taken by permittee or taken under authorization by permittee during the immediately preceding harvest season; (2) Transplant at least such amount by volume of oysters from unapproved growing areas in accordance with the requirements of this article; or (3) Distribute or transplant at least such amount by volume of culch material. (c) It shall be unlawful for any permittee or permittee's authorized agent taking oysters from beds leased from the state to fail to return to the beds the shells taken from such beds in such amounts as are specified in the lease agreement.

Page 709

(d) Such shell deposition, oyster transplanting, or deposition of culch material shall be done under the direction or supervision of the department and shall require prior notification to the department of any such proposed action. 27-4-197. (a) The department and the Department of Agriculture shall conduct a shellfish program sufficient to be certified by the United States Food and Drug Administration for interstate shipment of shellfish produced in this state. (b) It shall be unlawful for any person handling shellfish for purposes of sale or shipment to fail to keep such shellfish in clean barrels, bags, crates, baskets, or other containers as prescribed by the Department of Agriculture. It shall be unlawful to fail to attach to each such container a tag obtained from the Department of Agriculture or to mark containers of shucked shellfish with mandatory information as described by the Department of Agriculture. It shall be unlawful to possess shellfish which are not properly tagged or labeled according to this Code section. Such tags or labels shall indicate the information as required by the Department of Agriculture. (c) It shall be unlawful to affix tags issued to a certified dealer onto containers of another or to fail to surrender unused tags to the Department of Agriculture upon termination of certification or master collecting permit. (d) It shall be unlawful to ship or possess commercial quantities of shellfish unless certified by the Department of Agriculture. It shall be unlawful to possess shellfish from out of state sources unless those shellfish were purchased from certified dealers. It shall be unlawful to ship shellfish through Georgia unless certified. Certified dealers are those permitted to handle shellfish according to the guidelines of the National Shellfish Sanitation Program. The department may issue permission to uncertified firms to take and possess shellfish for mariculture purposes. Such permission may be issued upon such conditions as the department determines are in accordance with current, sound principles of wildlife research and management. 27-4-198. (a) Any person desiring to lease any state shellfish beds for the exclusive rights to harvest those shellfish

Page 710

pursuant to this Code section shall make an application in writing to the department. The application shall include the name and legal residence of the applicant, a National Oceanic and Atmospheric Administration (NOAA) chart indicating the area desired to be leased, the names and addresses of adjacent landowners as recorded on county tax maps and verification of such information in such form as the department may prescribe, the proposed plans for managing the resources, and such other information as the department may prescribe. (b) Upon receipt of the application for the lease of shellfish beds, the department shall ascertain the general nature, character, surroundings, and resource value of the area sought to be leased. In the event the department determines that the area or a portion thereof is suitable for leasing and such a lease would be in the best interests of the state, the department may then offer the lease, through public competitive bidding, all or any portion thereof as described in the application. The department shall cause to be published once per week for two consecutive weeks in the legal organ of the county or counties in which the area to be bid upon is located an advertisement of an invitation for bid, setting forth a description of the area proposed to be leased; the date, time, and place when and where bids will be received; the minimum acceptable bid as determined by the department; and such other information as the department may deem necessary. Prior to such advertisement, the department shall prepare a proposed form of lease and appropriate instructions which shall be available to prospective bidders under such conditions as the department may prescribe. Sealed bids shall be submitted to the department, and each bid shall be accompanied by a refundable certified check, cashier's check, or money order for the total annual amount of the submitted bid. The funds submitted by the successful bidder will be applied towards the lease. In addition, each sealed bid must be accompanied by a detailed management plan for working the shellfish beds. The lease form shall contain provisions regarding the term of the lease, the method of taking shellfish, the time and place for payment for the lease, the minimum replanting or management requirements of shellfish to be harvested, the placement and type of signs to mark the site as a leased area, and such other terms as the department deems necessary.

Page 711

(c) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation to bid. The department shall announce which bid and bidder it considers most advantageous to the state. In so considering, the department shall give preference to residents over nonresidents who have submitted equal bids. The department shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (d) Shellfish beds leased pursuant to this Code section shall be posted at the site by the lessee so as to identify clearly the areas so leased. The lessee shall also have a copy of the lease recorded within 30 days of the execution of the lease by the clerk of the superior court of the county or counties in which the leased area is located. (e) The department is authorized to issue permission to remove shellfish from areas where those shellfish may be destroyed by dredging, development, or other destructive activities without entering into a lease as described in this Code section. Such authorization shall include terms and conditions as the department may prescribe and shall be issued only to master collecting permittees. The department shall notify permittees of its intentions to issue such authorization and set forth details on the proposed activity along with directions on how permittees may participate in the activity. When such authorization is issued, participants shall pay directly to the department a one-time fee not to exceed $500.00 as set by the department. (f) The department is authorized to issue permission to remove shellfish from unapproved growing areas without entering into a lease as described in this Code section. Such authorization shall be issued only to master collecting permittees and under guidelines as set forth in subsection (e) of this Code section. 27-4-199. (a) The distribution, sale, or possession with intent to distribute or sell any shellfish shall be prima-facie evidence that the shellfish were intended for use as food unless prior written approval from the department authorizing such possession of shellfish is presented.

Page 712

(b) Conservation rangers and other authorized personnel of the department are authorized to take samples from, to enter and have access to, and to examine during normal working hours and at any time when the licensed or authorized activity is being conducted all shellfish beds, places of business, and other places where shellfish are grown, kept, stored, sold, or held in possession with intent to distribute, sell, or give away. Such personnel are also authorized at any time to take such samples of shellfish as are necessary to carry out the purposes of this article and to have access to and take samples from all streams, tributaries thereof, and lands adjacent thereto, the waters draining from which may come into contact with shellfish. It shall be unlawful for any person to obstruct or in any way interfere with any conservation ranger or other authorized personnel of the department in carrying out the purposes of this article. (c) Prior to and at point of landing conservation rangers and other authorized personnel of the department are authorized to seize, confiscate, and remove any and all shellfish discovered which were taken or possessed in violation of this article. Whenever a conservation ranger or other authorized personnel of the department believes that shellfish examined may have been taken, contained, or stored in such a manner that may render the shellfish adulterated, misbranded, tainted, or otherwise which may pose a public health problem, the conservation ranger or other authorized personnel of the department is authorized to seize, confiscate, and remove any and all shellfish. Such shellfish shall be destroyed or returned to the resource according to methods as the department may prescribe. 27-4-200. It shall be unlawful to knowingly produce, manufacture, or possess any forged or false documents, records, or permits provided for in this article. 27-4-201. Except as otherwise provided in this article, any person who violates any provision of this article shall, upon

Page 713

conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. STATE REVENUE COMMISSIONERGARNISHMENT PROCEDURES; DELINQUENT STATE TAXES. Code Section 48-2-55 Amended. No. 353 (House Bill No. 333). AN ACT To amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner; 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 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) (1) The commissioner or his authorized representative may attach the property of a delinquent taxpayer on any ground provided by Code Section 18-3-1 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax.

Page 714

(2) The commissioner or his authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his authorized representative against any person whom he believes to be indebted to the defendant or who has property, money, or effects in his hands belonging to the defendant. The summons of garnishment shall be served by the commissioner or his authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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REVENUE AND TAXATIONPAYMENT OF STATE TAXES OR LICENSE FEES BY CHECK OR MONEY ORDER; DISHONOR; PENALTY. Code Section 48-2-32 Amended. No. 354 (House Bill No. 334). AN ACT To amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order; to provide for increased penalties; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, is amended by striking paragraph (1) of subsection (e) and inserting in its place a new paragraph (1) to read as follows: (1) On and after July 1, 1991, if any check or money order tendered to the commissioner in payment of any tax or license fee is not duly paid when presented to the drawee or issuer for payment, there shall be paid by the person who tendered the check or money order upon notice and demand of the commissioner or his delegate, in the same manner as tax, a penalty in an amount equal to 2 percent of the amount of the check or money order, unless the amount of the check or money order is less than $750.00, in which case the penalty under this Code section shall be $15.00 or the amount of the check or money order, whichever is less. This penalty shall be in addition to any other penalties provided by law.

Page 716

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 10, 1991. STATE REVENUE COMMISSIONER APPEALS; SURETY BOND. Code Section 48-2-59 Amended. No. 355 (House Bill No. 340). AN ACT To amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer shall file with the

Page 717

clerk of the superior court within 30 days from the date of decision by the commissioner, except where the value of the appellant's title or interest in real property owned in this state is in excess of the amount of the tax in dispute, a surety bond or other security in an amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of the court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as provided by law. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. INTERLOCAL RISK MANAGEMENT AGENCY MUNICIPAL INDEPENDENT SCHOOL SYSTEMS; BOARDS OF EDUCATION; PARTICIPATION. Code Sections 20-2-2002 and 36-85-1 Amended. No. 356 (House Bill No. 344). AN ACT To amend Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, so as to authorize boards of education of certain independent school systems to participate in the interlocal risk management agency for municipalities; to provide a definition; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 718

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (b) Except for the boards of education of independent school systems which elect to participate in an interlocal risk management agency for municipalities established pursuant to Chapter 85 of Title 36, there shall be only one interlocal risk management agency established for boards of education; provided, however, if the Commissioner determines that there are special or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner. Section 2. Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, is amended by striking paragraph (10) in its entirety and inserting in its place a new paragraph (10) to read as follows: (10) `Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state. The term shall also include any independent school system of this state which elects to participate in the interlocal risk management agency comprised of municipalities; provided, however, such independent school system must have a full-time equivalent student count of at least 2,800 in order to elect to become a member of

Page 719

the interlocal risk management agency comprised of municipalities. 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, 1991. HOMICIDE ONE YEAR AND A DAY RULE; ELIMINATED. Code Section 16-5-4 Enacted. No. 357 (House Bill No. 366). AN ACT To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides; to provide for legislative intent; 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 16 of the Official Code of Georgia Annotated, relating to homicides, is amended by adding at the end thereof a new Code section to read as follows: 16-5-4. In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death.

Page 720

Section 2. It is the intent of this Act to make statutory the ruling of the Supreme Court of Georgia that the year and a day rule referred to herein is not the law of Georgia. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. LICENSED CHECK CASHERS SURETY BONDS. Code Section 7-1-705 Amended. No. 358 (House Bill No. 383). AN ACT To amend Code Section 7-1-705 of the Official Code of Georgia Annotated, relating to the posting of notices of charges by licensed check cashers and other requirements, so as to revise the requirements for surety bonds to be maintained by certain licensed check cashers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-705 of the Official Code of Georgia Annotated, relating to the posting of notices of charges by licensed check cashers and other requirements, is amended by striking paragraph (2) of subsection (d) in its entirety and inserting in its place a new paragraph (2) of subsection (d) to read as follows: (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 licensees under Code Section 7-1-683. The amount of the surety bond shall be $10,000.00 for each location operated by the licensee if the

Page 721

licensee operates three or fewer locations. For a fourth or fifth location operated by a licensee, the amount of the surety bond shall be $5,000.00 for each such location. For each location operated by a licensee in excess of a fifth location, the amount of the surety bond shall be $1,000.00. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. PERSONAL CARE HOMES DIRECTORS, LICENSURE; EMPLOYEES; APPROVAL; HEARING OFFICERS; HEARINGS. Code Section 31-7-263 Amended. No. 359 (House Bill No. 389). AN ACT To amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors and approval of employees of personal care homes for purposes of the Georgia Administrative Procedure Act, so as to provide that hearing officers may have certain powers and duties in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the Georgia Administrative Procedure Act, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-7-263 to read as follows:

Page 722

31-7-263. A determination by the department regarding preliminary or fingerprint records checks under this article or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his discretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case. If the hearing officer determines that no hearing in mitigation is justified, or, if after the hearing, rules against the party seeking mitigation, then in either of those events the hearing officer's determinations shall be conclusive and final and not subject to further review. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

Page 723

STOLEN VEHICLES AND LICENSE PLATES REPORTING; GEORGIA CRIME INFORMATION CENTER. Code Section 35-1-4 Amended. No. 360 (House Bill No. 396). AN ACT To amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and 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) It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost to report the theft or loss to the Georgia Crime Information Center immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. It shall be the duty of any person who reports the theft of a motor vehicle to provide the law enforcement agency to which the report of theft was made and the Georgia Crime Information Center with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle. Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the Georgia Crime Information Center. It shall be the duty of the Georgia Crime Information Center or the recovering law enforcement agency to notify the owner or

Page 724

the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, and the owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (b) of this Code section. If, after a reasonable attempt, the Georgia Crime Information Center or the recovering law enforcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. HEALTH CARE CORPORATIONSFORMATION; BOARD OF DIRECTORS; MEMBERS. Code Sections 33-20-2, 33-20-4, and 33-20-6 Amended. No. 361 (House Bill No. 400). AN ACT To amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations; to provide for the membership of the board of directors; 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.

Page 725

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, is amended by striking Code Section 33-20-2, relating to the purpose and construction of said chapter, in its entirety and inserting in its place a new Code Section 33-20-2 to read as follows: 33-20-2. It is the purpose and intent of this chapter and the policy of this state to promote and finance quality health care services of demonstrated need, efficiently provided and properly utilized at a reasonable cost, in order to maintain the standing and promote the progress of comprehensive health care services in this state. This chapter shall be construed liberally to promote its humanitarian purposes. Section 2. Said chapter is further amended by striking Code Section 33-20-4, relating to the authorization of formation of health care corporations generally, in its entirety and inserting in its place a new Code Section 33-20-4 to read as follows: 33-20-4. Health care corporations may be incorporated for the purpose of establishing, maintaining, and operating one or more nonprofit health care plans, providing administrative or other services to employers or others that offer plans furnishing or reimbursing for health care services, including without limitation establishing, administrating, promoting, and developing programs requested, desired, or sponsored by employers or other groups, and for the other purposes authorized by this chapter. Section 3. Said chapter is further amended by striking subsection (a) of Code Section 33-20-6, relating to the board of directors and the merger or consolidation of medical service corporations and hospital service corporations into health care corporations, in its entirety and inserting in its place a new subsection (a) to read as follows: (a) The board of directors of each health care corporation shall consist of one or more individuals, with the number specified in or fixed in accordance with the bylaws of such corporation. The bylaws of such corporation may prescribe qualifications

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for directors; provided, however, that at all times at least a majority of the directors of such corporation shall be representatives of the general public and not (1) members of a medical or nursing profession, or (2) employed by, representative of, or otherwise directly or indirectly connected with the medical or nursing profession or a hospital or facility, institution, agency, or entity providing health care services. All currently licensed health care corporations shall have a two-year period in which to change the composition of their board of directors in accordance with the provisions of this chapter. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. LOCAL BOARDS OF EDUCATIONDATE OF MONTHLY MEETING; ADVERTISEMENT. Code Section 20-2-58 Amended. No. 362 (House Bill No. 403). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the annual advertisement of the date of the monthly board meeting may be published either in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county or in the legal organ of the county; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 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 20-2-58, relating to regular monthly meetings of county school boards, in its entirety and inserting the following: 20-2-58. It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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COUNTY TAX DIGESTS REJECTIONS; APPEALS; AD VALOREM ASSESSMENT REVIEW COMMISSION; REPEALED; APPROVAL OF DIGEST. Code Title 48, Chapter 5, Article 5A Amended. Code Sections 48-5-347, 48-5-349, and 48-5-349.1 Repealed. No. 363 (House Bill No. 412). AN ACT To amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections; to repeal certain definitions; to provide for appeal procedures; to repeal provisions regarding the Ad Valorem Assessment Review Commission; to provide that an initial disapproval of a tax digest shall be deemed to be a conditional approval; to provide that only a digest which is rejected for the same deficiencies resulting in the conditional approval shall be deemed to be a disapproved digest; to limit the circumstances under which taxes may be collected under a conditionally approved digest; to provide for an exception; to authorize collections based upon a conditionally approved digest if an appeal has been granted by the appeals board; to provide for additional assessments in certain cases involving disapproval by the state revenue commissioner of a subsequent digest; 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 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, is amended by striking Code Section 48-5-341, relating to definitions, and inserting in its place a new Code Section 48-5-341 to read as follows: 48-5-341. As used in this article, the term:

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(1) Reserved. (2) `Assessment bias' means any tendency or trend of assessment ratios, when analyzed by an appropriate statistical method, which reveals assessment progressivity or assessment regressivity. (3) `Assessment progressivity' means any systematic pattern of assessment in which higher value properties are generally assessed at a larger percentage of fair market value than properties of lower value. (4) `Assessment ratio' means the fractional relationship the assessed value of property bears to the fair market value of the property. (5) `Assessment regressivity' means any systematic pattern of assessment in which lower value properties are generally assessed at a larger percentage of fair market value than properties of higher value. (6) `Assessment variance' means the absolute value of the difference between the assessment ratio for each parcel of property within each class of property and the average assessment ratio for that class and expressed as a percentage of the average assessment ratio. (7) `Class of property' means any reasonable divisions of homogeneous groups of property that the commissioner determines are necessary to examine digests for uniformity and equalization. (8) Reserved. Section 2. Said article is further amended by striking subsection (b) of Code Section 48-5-342, relating to examination of digests by the state revenue commissioner, and inserting in its place a new subsection (b) to read as follows: (b) For any digest for the preceding year which was conditionally approved by the commissioner, the commissioner shall also carefully examine the digest to determine if it satisfactorily

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corrects the deficiencies that resulted in the digest for the preceding year being conditionally approved. Section 3. Said article is further amended by striking Code Section 48-5-344, relating to disapproval of digests, and inserting in its place a new Code Section 48-5-344 to read as follows: 48-5-344. (a) If the commissioner determines that in any one or more of the counties the taxable values of property are not reasonably uniform and equalized in accordance with the requirements of subsection (a) of Code Section 48-5-343, he shall conditionally approve or disapprove the digest and notify the county board of tax assessors in writing of his action. (b) The written notification shall contain: (1) A list of specific reasons that resulted in the digest being conditionally approved or disapproved; (2) A list of the statistical methods used by the commissioner when examining the digest; (3) A list of adjustments that, if used by the board of tax assessors, would correct the deficiencies that resulted in the digest being conditionally approved or disapproved; and (4) Any other information the commissioner believes would be of assistance to the county board of tax assessors in making the digest reasonably uniform and equalized. Section 4. Said article is further amended by striking Code Section 48-5-345, relating to the interim use of a disapproved digest, and inserting in its place a new Code Section 48-5-345 to read as follows: 48-5-345. (a) Except as otherwise provided in subsection (b) of this Code section, a digest conditionally approved by the commissioner in any year may be used in that year by the governing authorities of the county for the collection of taxes. (b) (1) In the year following the year in which the digest was conditionally approved, the county shall submit a new

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digest to the commissioner which satisfactorily corrects the deficiencies that resulted in the digest for the preceding year being conditionally approved. If the new digest fails to correct these deficiencies, collections may not be made or enforced on the new digest unless additional time to correct the deficiencies has been granted by the hearing officer under Code Section 48-5-349.2. (2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310. Section 5. Said article is further amended by striking Code Section 48-5-346, relating to disapproval of subsequent digests, and inserting in its place a new Code Section 48-5-346 to read as follows: 48-5-346. (a) (1) If a county tax digest for the preceding year was conditionally approved and the commissioner disapproves the subsequent digest for the same or substantially the same reasons, the commissioner shall order the withholding from the county of the state grants specified in this paragraph, except that the commissioner shall not so order withholding of funds as a result of the disapproval of a county tax digest for a year prior to 1991. The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect permanently withhold from the county any funds otherwise becoming payable during the withholding period specified in paragraph (2) of this subsection to the county under: (A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36; (B) The county appraisal staff grant program specified in Code Section 48-5-267; and (C) The public road grant program specified in Code Section 48-14-3.

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(2) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall continue until such time as the digest is satisfactorily corrected as to the deficiencies identified by the commissioner that resulted in the digest being initially conditionally approved. (b) The commissioner shall determine and publish annually a list of all available state grants which will be withheld in accordance with this Code section. (c) If the digest for the preceding year was conditionally approved and the commissioner conditionally approves the subsequent digest for different reasons, the county shall be given one year to correct the deficiencies that resulted in the subsequent digest being conditionally approved, as provided in Code Section 48-5-345. Section 6. Said article is further amended by striking Code Section 48-5-347, relating to the Ad Valorem Assessment Review Commission, which reads as follows: 48-5-347. (a) There is created the Ad Valorem Assessment Review Commission composed of a pool of five members from each congressional district in the state who shall be appointed by the Governor, subject to confirmation by the Senate. (b) The Governor in making his initial appointments shall appoint ten members, one from each congressional district, for a term of office of one year; ten members, one from each congressional district, for a term of two years; ten members, one from each congressional district, for a term of three years; ten members, one from each congressional district, for a term of four years; and ten members, one for each congressional district, for a term of five years. Thereafter, all appointments of successors to the initial members of the commission shall be for terms of office of five years and until the appointment and qualification of their successors. (c) Vacancies on the commission shall be filled in the same manner as the original appointment and shall be for the unexpired term.

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(d) For each day of service as a member of the commission, a member shall receive the expenses and allowances authorized by law for members of the General Assembly., and inserting in its place the following: 48-5-347. Reserved. Section 7. Said article is further amended by striking Code Section 48-5-348, relating to appeals from disapprovals, and inserting in its place a new Code Section 48-5-348 to read as follows: 48-5-348. (a) The commissioner, through a hearing officer, shall hear and determine appeals by local governing authorities on issues relating to the conditional approval or disapproval of the digest by the commissioner including, but not limited to, the issue of the adequacy of the time period allowed to correct the deficiencies that resulted in the digest being conditionally approved or disapproved. (b) The hearing officer may compel the attendance of witnesses and the production of books and records or other documents from the county board of tax assessors. The hearing officer may also compel the production of appropriate records from the commissioner. (c) With respect to any digest conditional approval by the commissioner which will not result in the withholding of state funds, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest disapproval by the commissioner which will result in the withholding of state funds or the penalty specified in subparagraph (d)(3)(A) of Code Section 48-5-349.2, the county governing authority shall be authorized to appeal on the issues of: (1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and

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(2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal. (d) Hearing officers provided for in this Code section shall be appointed by the State Board of Equalization. A hearing officer shall be assigned to hear appeals only from counties located wholly or partially in the congressional district in which the hearing officer resides. Section 8. Said article is further amended by striking Code Section 48-5-349, relating to the composition of the Ad Valorem Assessment Review Commission, which reads as follows: 48-5-349. (a) Within each congressional district, the members of the Ad Valorem Assessment Review Commission shall be appointed on the basis of the following qualifications: (1) One member shall be an attorney licensed to practice law in the state; (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; (3) One member shall be licensed by the Georgia Real Estate Commission to sell real estate in the state; and (4) Two members shall be sufficiently knowledgeable to make judgments concerning the fair market valuation of all classes of property within the congressional district. (b) Tax collectors, tax commissioners, tax receivers, members of county boards of equalization, members of county boards of tax assessors, and their employees are prohibited from serving on the commission., and inserting in its place the following:

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48-5-349. Reserved. Section 9. Said article is further amended by striking Code Section 48-5-349.1, relating to the chairman of the Ad Valorem Assessment Review Commission, which reads as follows: 48-5-349.1. (a) The Ad Valorem Assessment Review Commission shall have a chairman appointed by the Governor, who shall be responsible for the overall administration of the commission. The chairman is authorized to employ necessary staff including, but not limited to, a chief administrative officer for the purpose of establishing and maintaining an organized and efficient appeal procedure. (b) The chairman of the commission shall appoint the appeals boards and shall appoint a chairman for each appeals board. (c) For each appeal, an appeals board shall be appointed. No two members of the appeals board shall be from the same congressional district except that two members shall be from the congressional district encompassing the county making the appeal. Except as provided in this subsection, appointments to the appeals board shall be made without prejudice to any commission member or to the residency of any commission member. Each appeals board shall reflect, as closely as possible, the composition of commission members from each congressional district. A new appeals board shall be appointed for each appeal. For purposes of this Code section, each county shall be deemed to lie in the congressional district in which the greatest percentage of its population is located. (d) The commission is assigned to the department for administrative purposes only., and inserting in its place the following: 48-5-349.1. Reserved. Section 10. Said article is further amended by striking Code Section 48-5-349.2, relating to appeal procedures, and inserting in its place a new Code Section 48-5-349.2 to read as follows:

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48-5-349.2. (a) An appeal to the department shall be effected by a local governing authority by filing with the commissioner a notice of appeal within 30 days after receipt by the local board of tax assessors of the commissioner's notification of digest conditional approval or disapproval. The notice of appeal shall be accompanied by whatever records, reports, or other relevant information is required by rule or order of the commissioner. A copy of the notice shall be furnished to the commissioner. (b) Within ten days of receipt of a notice of appeal, the hearing officer shall set the date for a hearing on the appeal. At the initial hearing the hearing officer may require additional hearings or filings of additional information by any person having custody of such information. In determining whether additional hearings are needed, the hearing officer shall consider the need for such hearings in the county making the appeal for the purpose of receiving information on local factors affecting the determination of property valuations in the county. (c) (1) After hearing all testimony determined necessary and after reviewing all filings and information determined to be relevant and necessary, the hearing officer shall reach a decision. Each decision shall be rendered in writing. (2) The decision shall: (A) Specifically decide each issue presented on appeal; and (B) Certify the date on which the notice of the decision is given. (3) Each party to an appeal shall be furnished a copy of the decision within ten days after the issuance of the decision. (d) (1) The hearing officer shall be authorized to grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5-343. The digest shall be deemed conditionally approved in any case where an appeal is granted under this paragraph.

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(2) The hearing officer shall be authorized to grant an appeal with respect to the adequacy of the time period which was available to the county to correct prior deficiencies in the digest. If an appeal is granted under this paragraph, the digest shall be a conditionally approved digest for purposes of subsequent years, but collections based upon the conditionally approved digest will be permitted for the digest year in question, and no state funds shall be withheld as a result of the conditional approval until a new digest is required to be submitted. (3) (A) If a county tax digest for the preceding year was conditionally approved and the commissioner disapproves the subsequent digest for the same or substantially the same reasons, there shall be assessed against the county governing authority an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the deficiencies in the digest had been corrected to 40 percent of fair market value and the amount of the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or December 20, whichever comes later, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date. (B) The hearing officer shall be authorized to grant an appeal with respect to a determination of an additional amount due which is assessed by the commissioner pursuant to subsection (d) of Code Section 48-5-345. If an appeal is granted under this subparagraph, the commissioner may be directed to withdraw the assessment or recalculate it in accordance with the findings of the hearing officer. Section 11. Said article is further amended by striking Code Section 48-5-349.3, relating to appeals to the superior court, and inserting in its place a new Code Section 48-5-349.3 to read as follows:

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48-5-349.3. The commissioner or the county governing authority dissatisfied with the decision of the hearing officer on any question of law may appeal to the superior court of the county dissatisfied with the decision. Any appeal to the superior court shall be taken, so far as is applicable, in the manner provided by law for appeals to the superior court from decisions of the commissioner. Section 12. Said article is further amended by striking Code Section 48-5-349.4, relating to compliance, and inserting in its place a new Code Section 48-5-349.4 to read as follows: 48-5-349.4. Compliance by any local governing authority with the findings and decision of the hearing officer, or of the court of final review, with respect to any matter concerning the local tax digest shall be considered satisfactory correction of the deficiency involved for the purposes of Code Sections 48-5-345 and 48-5-346. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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INCOME TAXESEMPLOYER; MONTHLY AND QUARTERLY RETURNS; ADJUSTMENTS; PENALTIES. Code Sections 48-7-103, 48-7-104, and 48-7-126 Amended. No. 364 (House Bill No. 413). AN ACT To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns; to change certain provisions regarding quarterly adjustments for incorrect withholdings or payments; to change certain provisions regarding assessable penalties and interest; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by striking Code Section 48-7-103, relating to quarterly returns, which reads as follows: 48-7-103. (a) Quarterly returns. (1) Every employer required to deduct and withhold any tax under this article and every person who deducts and withholds any amount from any wage payments under the authority of this article shall: (A) Make a calendar quarterly return to the commissioner on a form prescribed by the commissioner; and (B) Pay with the required return the tax required to be paid under this article for the calendar quarter or pay the amount withheld from employees' wages during the calendar quarter under the authority of this article.

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(2) Except as otherwise provided in subsection (c) of this Code section, the quarterly return and the payment of the required tax shall be due on the last day of the month following the close of the calendar quarter. No calendar quarterly return shall be due and no tax owed or withheld shall be paid under this subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for the calendar quarter or quarters equals or exceeds $50.00 or until the fourth calendar quarterly return is due, whichever occurs first. (b) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time. (c) Payment of taxes withheld. If the monthly amount of taxes deducted and withheld or which should be deducted and withheld exceeds $200.00, the tax is due and shall be paid to the commissioner on the fifteenth day of the following month. Payments due on April 15, July 15, October 15, and January 15 shall be due on the last day of the month. (d) Estimated payments. The commissioner may permit employers to make estimated payments of taxes withheld. (e) Credits against liability on quarterly return. Amounts paid under subsections (c) and (d) of this Code section shall be included in the quarterly return for the calendar quarter which includes the month for which the payments are made and the payments shall be credited against the amount shown to be due on the quarterly return., and inserting in its place a new Code Section 48-7-103 to read as follows: 48-7-103. (a) Quarterly returns. Every employer whose tax withheld or required to be withheld is $200.00 or less per month is required to file and remit payment to the department on Form G-1 on or before the last day of the month following the end of the quarter.

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(b) Monthly returns. Every employer whose tax withheld or required to be withheld exceeds $200.00 per month is required to file and remit payment to the department on Form G-6 on or before the fifteenth day of the following month. (c) Jeopardy returns. If the commissioner has reason to believe that the collection of the tax required to be paid under this article is in jeopardy for any reason, he may require the employer to make a return and pay the required tax at any time. Section 2. Said article is further amended by striking Code Section 48-7-104, relating to quarterly adjustments, and inserting in its place a new Code Section 48-7-104 to read as follows: 48-7-104. (a) In general. If for any reason during any period of the calendar year more or less than the correct amount of the tax is withheld or more or less than the correct amount of the tax is paid to the commissioner, proper adjustment without interest may be made in any subsequent period of the same calendar year. No adjustment under this Code section shall be made with respect to an underpayment for any period after receipt from the commissioner of notice and demand for payment of the amount of the underpayment based upon an assessment. The amount of the underpayment shall be paid in accordance with the notice and demand. No adjustment under this Code section shall be made with respect to an erroneous payment or overpayment for any period after the filing of a claim for refund of the payment. (b) Less than correct amount of tax withheld. (1) If no tax or less than the correct amount of the tax is deducted from any wage payment and the error is ascertained prior to the filing of the return for the period in which the wages are paid, the employer shall report on the return and pay to the commissioner the correct amount of the tax required to be withheld. If the error is not ascertained until after the filing of the return for the period in which the wages are paid, the undercollection may be corrected by an adjustment on the return for any subsequent period of the same calendar year subject to the limitations

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noted in subsection (a) of this Code section. The amount of any undercollection adjusted in accordance with this paragraph shall be paid to the commissioner without interest at the time prescribed for payment of the tax for the period in which the adjustment is made. (2) If no tax or less than the correct amount of the tax is withheld from any wage payment, the employer may correct the error by deducting the amount of the undercollection from any remuneration of the employee under the employer's control after the employer ascertains the error. The deduction may be made even though the remuneration, for any reason, does not constitute wages. (c) More than correct amount of tax withheld. (1) If in any period more than the correct amount of tax is deducted from any wage payment, the overcollection may be paid to the employee in any period of the same calendar year. If the amount of the overcollection is so paid, the employer shall obtain and keep as part of his records the endorsed canceled check or written receipt of the employee showing the date and amount of the payment. (2) If any overcollection in any period is paid to and receipted for by the employee prior to the time the return for the period is filed with the commissioner, the amount of the overcollection shall not be included in the return for that period. (3) Subject to the limitations provided in subsection (a) of this Code section, if an overcollection in any period is paid to and receipted for by the employee after the return for the period is filed and the tax is paid to the commissioner, the overcollection may be corrected by an adjustment on the return for any subsequent period of the same calendar year. (4) Every overcollection not paid to and receipted for by the employee as provided in this subsection must be reported and paid to the commissioner with the return for the period in which the overcollection is made.

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Section 3. Said article is further amended by striking subsection (c) of Code Section 48-7-126, relating to assessable penalties and interest, and inserting in its place a new subsection (c) to read as follows: (c) Failure to file employer return or pay tax. If an employer fails to file within the prescribed time a return required under this article or fails to pay when due the tax required under this article, or both, unless it is shown that the failure is due to reasonable cause and not to willful neglect, there shall be assessed a penalty of $25.00 against any employer for each such failure plus 5 percent of the amount of the tax if the failure is for not more than one month and an additional 5 percent for each additional month or fraction of a month during which the failure continues. The penalty shall not exceed $25.00 plus 25 percent in the aggregate of the tax and in no event shall the penalty be less than $25.00. If any check or money order in payment of any amount is not paid when duly presented for payment, it shall constitute a failure to pay under this subsection. Section 4. This Act shall become effective January 1, 1992, and shall be applicable to all taxable years beginning on or after that date. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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ASSISTANT DISTRICT ATTORNEYS DEFINITION; APPOINTMENT; CHILD SUPPORT RECOVERY. Code Section 15-18-14 Amended. No. 365 (House Bill No. 416). AN ACT To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of assistant district attorneys to perform certain duties regarding recovery of child support; to provide for funding of such attorneys' compensation; 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 appointment and qualifications of assistant district attorneys, is amended by striking paragraph (4) of subsection (a) thereof and inserting in its place a new paragraph 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; a person who serves on a full-time

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contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22. Section 2. Said Code section is further amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows: (b) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office. Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act' and Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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GENERAL ASSEMBLY MEMBERS; OATH OF OFFICE; STATE COURT JUDGES. Code Section 28-1-4 Amended. No. 366 (House Bill No. 427). AN ACT To amend Code Section 28-1-4 of the Official Code of Georgia Annotated, relating to the oath of office for members of the General Assembly, so as to authorize judges of the state courts to administer the oath of office to members of the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 28-1-4 of the Official Code of Georgia Annotated, relating to the oath of office for members of the General Assembly, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection to read as follows: (b) The oath of office prescribed by subsection (a) of this Code section may be administered to the members of the General Assembly by any Justice of the Supreme Court, Judge of the Court of Appeals, judge of the superior courts, or judge of the state courts. Such Justice or judge shall be procured by the person organizing each branch. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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GENERAL ASSEMBLY LOCAL BILLS; NOTICE OF INTENTION TO INTRODUCE; AFFIDAVITS. Code Section 28-1-14 Amended. No. 367 (House Bill No. 428). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, is amended by striking Code Section 28-1-14, relating to advertisement of local bills, and inserting in its place a new Code Section 28-1-14 to read as follows: 28-1-14. No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. Section 2. This Act shall become effective July 1, 1991, and shall apply with respect to bills introduced at sessions of the

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General Assembly convening on or after that date. Any bill introduced at any prior session of the General Assembly shall be subject to prior law, notwithstanding the fact that it may be carried over to a later session of the General Assembly. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. SUPERIOR COURT JUDGES RETIREMENT SYSTEM SENIOR JUDGE; JUDGES RECEIVING DISABILITY RETIREMENT BENEFITS. Code Section 47-9-60 Amended. No. 368 (House Bill No. 429). AN ACT To amend Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-9-60 of the Official Code of Georgia Annotated, relating to the office of senior judge, 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) Any judge of the superior courts who retires pursuant to this chapter and any judge who receives a disability retirement benefit under Code Section 47-9-72 may become a senior

Page 749

judge beginning on the effective date of the judge's retirement;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. CASH BONDS UNCLAIMED; DISPOSITION BY COUNTIES. Code Section 17-6-4 Amended. No. 369 (House Bill No. 436). AN ACT To amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, so as to allow counties to dispose of unclaimed bonds posted for certain cases; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, is amended by adding a new subsection (c) to read as follows: (c) In the event that any cash bail posted pursuant to this Code section or Code Section 17-6-5 is not later claimed by the surety on such bond after a period of seven years from the later of either the date on which the defendant was required to appear in court or the date of disposition of the case by the prosecutor or the court, including any appeal of a verdict or sentence, then the cash shall be paid into the general fund of

Page 750

the county having trial venue of the case, as in the case of forfeited cash bonds, provided that the officer who accepted such cash bail shall first have notified the surety, by mailing notice to such surety at the last address given by such surety, that such funds shall be forfeited if they are not claimed within 90 days following the date of mailing of such notice. Any claim by a surety for refund of a cash bail shall include acceptable documentary proof of disposition of the case from the prosecuting official or appropriate court records or such other documentation as may be acceptable to the official holding such cash bail as proof that the case has been settled. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. ATHLETIC TRAINERS ATHLETIC INJURY; DEFINITION; GEORGIA BOARD OF ATHLETIC TRAINERS; RESIDENCY. Code Sections 43-5-1 and 43-5-2 Amended. No. 370 (House Bill No. 437). AN ACT To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide a definition of athletic injury; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-1, relating to definitions, in its entirety and inserting in its place a new Code Section 43-5-1 to read as follows: 43-5-1. As used in this chapter, the term: (1) `Athletic injury' means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities. (2) `Athletic trainer' means a person with specific qualifications, as set forth in Code Section 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. The term `athletic trainer' shall not include any student, teacher, or other person who serves as an athletic trainer for an elementary school or high school, either public or private, within this state. (3) `Board' means the Georgia Board of Athletic Trainers. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-5-2, relating to the Georgia Board of Athletic Trainers, and inserting in its place a new subsection (a) to read as follows: (a) The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a member, a person must be a citizen of the United States and a resident of this state. Two members must be athletic trainers, one member

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must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of athletic training. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. LIVESTOCK DEALERS LEASED LIVESTOCK; PURCHASE; NOTICE; OWNERSHIP INTEREST. Code Section 4-6-11 Enacted. No. 371 (House Bill No. 438). AN ACT To amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received notice of the owner's or lessor's ownership interest in such livestock by either written notice or by an identification mark or brand on such livestock; 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 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, is amended by adding a new Code Section 4-6-11 at the end thereof to read as follows:

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4-6-11. A person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received notice of the owner's or lessor's ownership interest in such livestock by either written notice or by an identification mark or brand on such livestock. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. SHERIFFS' RETIREMENT FUND OF GEORGIA FEES COLLECTED IN CIVIL ACTIONS; AMOUNT. Code Section 47-16-61 Amended. No. 372 (House Bill No. 442). AN ACT To amend Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to increase the additional sum collected in certain civil actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-16-61 of the Official Code of Georgia Annotated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the state courts and magistrate courts of this state in which the sheriff of the superior court also fulfills the function as sheriff of such inferior court. The clerks of such state courts and magistrate courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of such state courts and magistrate courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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GEORGIA FIREMEN'S PENSION FUND MEMBERSHIP; LEAVES OF ABSENCE; REINSTATEMENT; SERVICE; ELIGIBILITY FOR BENEFITS; PENALTIES; OVERPAYMENTS; OBSTRUCTION OF FIREFIGHTERS. Code Section 16-10-24.1 Amended. Code Title 47, Chapter 7 Amended. No. 373 (House Bill No. 441). AN ACT To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to provide certain definitions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstatement to such fund; to change certain provisions relating to duties of members of such fund; to provide for certain service requirements of members of such fund; to change provisions relating to membership of persons other than firemen; to make certain changes relating to eligibility for retirement benefits; to provide penalties for certain offenses; to provide that any overpayment to a member of the fund may be recovered; to provide for related matters; to amend Code Section 16-10-24.1, relating to the offense of obstruction or hinderance of firefighters, so as to change an internal reference; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-10-24.1 of the Official Code of Georgia Annotated, relating to the offense of obstruction or hindering of firefighters, is amended by striking in its entirety paragraph (2) of subsection (a) and inserting a new paragraph to read as follows: (2) Any volunteer fireman as the term `volunteer fireman' is defined by paragraph (7) of Code Section 47-7-1 as said paragraph (7) exists on January 1, 1988; or.

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Section 2. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-1, which provides definitions, which reads as follows: 47-7-1. As used in this chapter, the term: (1) `Board' means the Board of Trustees of the Georgia Firemen's Pension Fund. (2) `Fireman' means a person who is a full-time employee of a full-time fire department or a volunteer fire department and who in the course of his employment by and within a full-time fire department or a volunteer fire department either: (A) is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and principally performs the duties of a firefighter as such term is now defined by paragraph (3) of Code Section 25-4-2; or (B) principally performs support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, by way of illustration, administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel. The board may require such evidence of an applicant's or member's full-time employment as a fireman, as defined by this paragraph, by a full-time or volunteer fire department as it deems appropriate, including certification of the roster of the department by the chief of such department. (3) `Full-time fire department' means a full-time fire department, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which: (A) is rated class one through class eight, inclusive, by the Insurance Services Office, or its successor; (B) is financed by public appropriation or subscription and is not privately owned; and (C) owns fire apparatus and equipment having a value of $5,000.00 or more.

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(4) `Fund' means the Georgia Firemen's Pension Fund. (5) `Volunteer fire department' means a volunteer fire department or part-paid and part-volunteer fire department, separately organized and administered as such, of this state or any municipality or other political subdivision thereof or a paid, part-paid, or volunteer fire department, separately organized and administered as such, which in either case: (A) is financed by public appropriation or subscription and is not privately owned; (B) is rated class one through class eight, inclusive, by the Insurance Services Office, or its successor; (C) holds drills and meetings of not less than eight hours monthly; and (D) owns fire apparatus and equipment having a value of $5,000.00 or more. (6) `Volunteer fireman' means an individual who is appointed and regularly enrolled in any volunteer fire department; who attends, during each year of creditable service, at least the percentage which the board shall determine prior to the beginning of each year of all drills and meetings of such department and fires to which such department responds; and who, as a volunteer fireman, has the principal responsibility of preventing or suppressing fires, protecting life and property, and enforcing municipal, county, and state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. The board is authorized to prescribe the annual percentage of attendance at drills, meetings, and fires necessary for volunteer firemen to receive credit for service toward retirement and other benefits under this chapter. In no case shall the percentage be set by the board at less than 50 percent of all drills, meetings, and fires in any calendar year. and inserting in lieu thereof a new Code section to read as follows: 47-7-1. As used in this chapter, the term: (1) `Board' means the Board of Trustees of the Georgia Firemen's Pension Fund.

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(2) `Fire department' means a full-time fire department or volunteer fire department. (3) `Fireman' means a person who is a full-time employee of a full-time fire department or a volunteer fire department and who in the course of full-time employment by and within a full-time fire department or a volunteer fire department either: (A) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his position of employment the principal duty of preventing and suppressing fires; or (B) Has as incident to the position of employment the principal responsibility to perform support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of fire-fighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services. (4) `Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit: (A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires;

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(B) Is rated class one through class eight, inclusive, by the Insurance Services Office or its successor; (C) Is financed by public appropriation or subscription and is not privately owned; and (D) Owns fire apparatus and equipment having a value of $5,000.00 or more. A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer. (5) `Fund' means the Georgia Firemen's Pension Fund. (6) `Volunteer fire department' means a volunteer fire department or part-paid and part-volunteer fire department, separately organized and administered as such, of this state or any municipality or other political subdivision thereof or a paid, part-paid, or volunteer fire department of this state or a political subdivision thereof, separately organized and administered as such, which: (A) Has the principal responsibility to prevent and suppress fires; (B) Is financed by public appropriation or subscription and is not privately owned; (C) Is rated class one thorough class eight, inclusive, by the Insurance Services Office or its successor; (D) Holds drills and meetings of not less than eight hours monthly; (E) Owns fire apparatus and equipment having a value of $5,000.00 or more; and (F) Meets the requirements imposed by Code Section 47-7-81.

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(7) `Volunteer fireman' means an individual who is appointed and regularly enrolled in any volunteer fire department; and who, as volunteer fireman, has and primarily performs the principal responsibility of preventing or suppressing fires. Section 3. Such chapter is further amended by striking in its entirety Code Section 47-7-26, relating to the power of the board to determine eligibility for membership or retirement, and inserting in lieu thereof a new Code section to read as follows: 47-7-26. Notwithstanding any provision in this chapter to the contrary, the board is authorized to determine the eligibility for membership in and retirement under the fund of any volunteer fireman who, for cause beyond his control, is or was unable to attend, during any calendar year, the annual percentage of all drills, meetings, and fires prescribed by the board pursuant to Code Section 47-7-81. Section 4. Such chapter is further amended by striking in its entirety Code Section 47-7-40, relating to eligibility for membership in such fund, and inserting in lieu thereof a new Code section to read as follows: 47-7-40. (a) (1) Any person employed as a fireman or enrolled as a volunteer fireman is eligible to make application to the board for membership in the fund, provided that the person is of such age as to be able to make the monthly payments required by this Code section for a period of not less than 20 years prior to the attainment of the normal retirement age of 55. (2) A person who is otherwise eligible under paragraph (1) of this subsection for membership in the fund, but who is not of such age as to be able to satisfy the service requirements set forth therein, may make application to the board for membership in the fund, but in that event, such person shall not be eligible for or acquire any rights to any disability benefit provided pursuant to Code Section 47-7-102.

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(3) Upon becoming a member of the fund, a fireman or volunteer fireman shall receive credit only from the date of his becoming a member of the fund. (b) Each applicant for membership in the fund shall submit a physician's report, in writing, attesting to the applicant's current physical condition. If the fire department or volunteer fire department with which the applicant is affiliated requires a physical examination as a prerequisite to employment as a fireman or enrollment as a volunteer fireman, a copy of such physician's report shall be attached to the application for membership in the fund. The board may require additional physicians' reports to be submitted prior to accepting any applicant for membership. (c) If the application, any physician's report, or other information obtained by the board reveals that the applicant has a preexisting disease, illness, injury, or abnormality, the board may, in its discretion, either: (1) Condition the grant of the application for membership on the applicant's execution of a waiver in the entirety of eligibility for and rights to any disability benefit under Code Section 47-7-102 in substantially the following form: `I accept the conditional grant of my application for membership in the Georgia Firemen's Pension Fund and fully and forever waive in the entirety eligibility for and rights to any disability benefit under Code Section 47-7-102 of the Official Code of Georgia Annotated'; or (2) Condition the grant of the application for membership on the applicant's execution of a waiver of eligibility for and rights to disability benefits under Code Section 47-7-102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting disease, illness, injury, or abnormality. Such waiver shall be in the form as prescribed by the board. Any waiver executed by an applicant under this subsection shall be conclusive and irrevocable.

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(d) The board shall have the authority to require a member of the fund to undergo examination by a physician as a condition to continued membership. (e) If a physician's report obtained by the board with respect to a member reveals that the member has an illness, disease, or physical injury or abnormality not incurred while performing the duties of a fireman during a period of active membership in the fund, except heart disease or respiratory disease, the board may require, as a condition to continued membership, the member's execution of a waiver of eligibility for and rights to disability benefits under Code Section 47-7-102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting disease, illness, injury, or abnormality. Such waiver shall be in the form as prescribed by the board. No failure to obtain such waiver shall enlarge the rights granted by this chapter. Any waiver executed by an applicant under this subsection shall be conclusive and irrevocable. (f) If an application, physician's report, or other information obtained by the board with respect to a member applying for reinstatement to active status who has obtained leave of absence, has withdrawn, or has been suspended, reveals that the member has an illness, disease, injury, or abnormality, the board, in its discretion, may either: (1) Condition the grant of the application for reinstatement to active membership on the applicant's execution of a waiver in the entirety of eligibility for and rights to any disability benefit under Code Section 47-7-102 in substantially the following form: `I accept the conditional grant of my application for reinstatement to active membership in the Georgia Firemen's Pension Fund and fully and forever waive in the entirety eligibility for and rights to any disability benefit under Code Section 47-7-102 of the Official Code of Georgia Annotated'; or (2) Condition the grant of the application for reinstatement to membership on the applicant's execution of a waiver of eligibility for and rights to disability benefits

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under Code Section 47-7-102 limited to a waiver of benefits otherwise payable for disability resulting from aggravation of such preexisting disease, illness, injury, or abnormality. Such waiver shall be in the form as prescribed by the board. Any waiver executed by an applicant under this subsection shall be conclusive and irrevocable. (g) In the exercise of its discretion under this subsection, the board may rely upon the standards promulgated from time to time by the National Fire Protection Association for qualification for employment to the extent the board determines such standards reasonable and appropriate to its responsibilities under this Code section. (h) After April 1, 1989, no person who is a member of the Peace Officers' Annuity and Benefit Fund shall be eligible for membership in the fund by virtue of any employment in or appointment to a position, the duties of which position qualify such person for membership in the Peace Officers' Annuity and Benefit Fund. Section 5. Such chapter is further amended by striking in its entirety Code Section 47-7-41, relating to leaves of absence from such fund, and inserting in lieu thereof a new Code section to read as follows: 47-7-41. (a) (1) Any member of the fund who is in good standing with the fund, who leaves work as a fireman or volunteer fireman, and who elects to leave in the fund during such leave from work as a fireman or voluntary fireman the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of such leave of absence for a period of not greater than two years. If a member who leaves work as a fireman or volunteer fireman fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7-105.

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(2) A member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund; provided, however, that upon such application, the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership. Such member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence. (b) (1) A member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of dues theretofore paid by such member as provided in Code Section 47-7-105. Any member who elects to withdraw from membership in the fund shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any such member may make application to the board for reinstatement of membership. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to membership in the fund. (2) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstated active membership and the grant of such application shall be conditioned in the manner set forth in Code Section 47-7-40. Section 6. Such chapter is further amended by striking in its entirety Code Section 47-7-60, relating to duties of members of such fund, and inserting in lieu thereof a new Code section to read as follows:

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47-7-60. (a) Each fireman or volunteer fireman accepted for membership in the fund shall pay to the fund the sum of $15.00 for each month of service as a fireman or volunteer fireman in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service. (b) (1) Any member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall thereafter be ineligible for membership in or benefits under the fund, except as provided in this subsection and in subsection (c) of this Code section. (2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection may make application to the board for reinstatement of membership. Upon such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund but not for service rendered prior to the suspension of the member except as provided in subsection (c) of this Code section. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to membership in the fund. (3) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to reinstatement unless at the time of such application the applicant meets the medical and other requirements set forth in Code Section 47-7-40 as a prerequisite to reinstatement to active membership, and the grant of such application shall be conditioned in the manner set forth in Code Section 47-7-40. (c) In the event a member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7-100 is suspended from membership in the fund under this Code section and is not thereafter reinstated, then, provided that such member does not withdraw dues paid to the fund prior to the suspension of the member, the normal retirement benefit payable under Code Section 47-7-100 to which such member may thereafter become entitled upon termination of service shall be calculated on the date of the member's

Page 766

suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be 50 years or such greater age as the member has attained, and maximum monthly benefit in effect on such date of suspension to calculate such benefits. Unless reinstated as provided in this Code section, such member shall not be entitled to disability benefits for disability arising after the date of suspension. Section 7. Such chapter is further amended by striking in its entirety Code Section 47-7-81, relating to service requirements, and inserting in lieu thereof a new Code section to read as follows: 47-7-81. (a) (1) The board is authorized to prescribe the minimum monthly and annual number of hours of drills and meetings required to be conducted by a volunteer fire department as a condition to qualification of service by a fireman or volunteer fireman with such department for credit toward retirement and other benefits under this chapter. (2) Any volunteer fire department which fails to hold at least eight hours of drills and meetings per month for three months in any calendar year or such greater requirements as may be established by the board shall not be classified as a volunteer fire department for such calendar year, and the members of such department shall not be entitled to receive credit for service during such calendar year. Such members shall be entitled to a refund of 95 percent of the dues paid during such period. (b) (1) The board is authorized to prescribe the monthly and annual percentage of attendance at drills, meetings, and fires necessary for volunteer firemen to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the annual percentage be set by the board at less than 50 percent of all drills, meetings, and fires in any calendar year.

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(2) Any volunteer fireman who fails to meet the attendance requirements relative to drills, meetings, and fires in this Code section, or such greater requirement as may be established by the board for the calendar year shall not be granted credit for such year's service; and, in the event the member has paid any dues into the fund for such period, the member shall be entitled to a refund of 95 percent of such dues so paid. Section 8. Such chapter is further amended by striking in its entirety Code Section 47-7-82, relating to membership of persons other than firemen, and inserting in lieu thereof a new Code section to read as follows: 47-7-82. No person otherwise properly admitted to the fund shall be excluded from continuing membership therein solely because the member's employment by or service with a fire department is not in the capacity of a fireman or volunteer fireman, but no credit shall be given for service rendered in any month by any member of the fund unless such service is rendered as a fireman or volunteer fireman and no benefits payable by the terms of this chapter to a fireman or volunteer fireman shall be payable to any member unless such member is serving as a fireman or volunteer fireman at the time such benefits are earned or become payable, except as otherwise provided in Code Section 47-7-43. For any period during which any member provides service which is not creditable, the member shall be deemed to be on leave of absence from the fund. Section 9. Such chapter is further amended by striking in its entirety subsection (d) of Code Section 47-7-100, relating to retirement under the Georgia Firemen's Pension Fund, and inserting in lieu thereof a new subsection (d) to read as follows: (d) At any time prior to approval by the board of an application for retirement, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the board and shall be subject to approval by the board, which

Page 768

approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits. (1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66[prime] percent, or 50 percent of the member's benefits. Any member who has completed 20 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66[prime] percent, or 50 percent of the benefits to which the member would have been entitled based upon the member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board. (2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during the member's lifetime; and, in the event of the member's death within ten years after the member's retirement, the same monthly benefits shall be payable to the member's selected beneficiary for the balance of such ten-year period. The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section, based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of the member's spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member

Page 769

had retired after first becoming eligible for full benefits, whichever is earlier. Section 10. Such chapter is further amended by striking in its entirety Code Section 47-7-101, relating to eligibility for retirement benefits, and inserting in lieu thereof a new Code section to read as follows: 47-7-101. (a) Any member who applies for retirement benefits may withdraw such application at any time prior to its approval by the board. (b) Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section 47-7-100 or 47-7-102 shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of his reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of his application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. Creditable service obtained by such applicant prior to the commencement of his prior retirement or disability shall be used in determining whether the applicant satisfies the age requirements of subsection (a) of Code Section 47-7-40. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Sections 47-7-100 and 47-7-102, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement or disability become effective at the time of the member's prior retirement or disability, unless after such reemployment he shall have acquired not less than seven years' creditable service as a member of the fund.

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(c) A member who is eligible to receive a benefit under Code Section 47-7-100 shall not be entitled to benefits under Code Section 47-7-102. Section 11. Such chapter is further amended by striking in its entirety Code Section 47-7-105, relating to the refund of contributions upon withdrawal from the fund, and inserting in lieu thereof a new Code Section 47-7-105 to read as follows: 47-7-105. Upon proper application and approval of the board, any member who withdraws from the fund shall be paid all the moneys such individual contributed to the fund, less 5 percent. Any refunds granted under this Code section or any other provision of this chapter shall be without interest. Section 12. Such chapter is further amended by inserting at the end thereof a new Code Section 47-7-126 to read as follows: 47-7-126. (a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in an attempt to defraud the fund shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment for up to 12 months, or both. (b) If any change or error in the records of the fund results in any member or beneficiary receiving from it more or less than such member of beneficiary would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as is practicable and in such manner that the actuarial equivalent of any additional benefit to which such member or beneficiary was correctly entitled shall be paid or in such manner that any excess payment shall be recovered. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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INDEMNIFICATION PUBLIC SERVICE COMMISSION; LAW ENFORCEMENT PERSONNEL; APPLICATIONS; TIME FOR FILING. Code Sections 45-9-81 and 45-9-86 Amended. No. 374 (House Bill No. 454). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to include certain law enforcement personnel employed by the Public Service Commission within the meaning of `law enforcement officer' as defined in paragraph (5) of Code Section 45-9-81, in order that said law enforcement personnel of the Public Service Commission shall be eligible for indemnification under said article with respect to death or disability occurring in the line of duty; to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (5) of Code Section 45-9-81, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation

Page 772

of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials. Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 45-9-86, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical technicians killed or permanently disabled in the line of duty, and inserting in lieu thereof a new subsection (c) to read as follows: (c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. LAW ENFORCEMENT OFFICERS WITNESS FEES. Code Section 24-10-27 Amended. Code Section 24-10-27.1 Enacted. No. 375 (House Bill No. 455). AN ACT To amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, so as to mandate payment of witness fees in criminal and civil cases to certain state law enforcement officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, is amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 24-10-27, relating to witness fees for law enforcement officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Notwithstanding any other provision in this article, any member of a municipal or county police force or any deputy sheriff or any campus policeman as defined in Code Section 20-8-1 or a member of a local fire department who shall be required

Page 774

by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day. (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of a municipal or county police force or any deputy sheriff 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

Page 775

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 chief of police, the sheriff, the director of public safety of a college or university, 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. Section 2. Said chapter is further amended by adding a new Code Section 24-10-27.1 to read as follows: 24-10-27.1. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the

Page 776

court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day. (b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office 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, shall 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 superintendent of the institution, or the state fire marshal 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,

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shall be compensated as provided in Code Section 24-10-24. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. PUBLIC WORKS CONTRACTS BONDS OR SECURITY; FORFEITURE; FORM. Code Section 13-10-1 Amended. No. 376 (House Bill No. 465). AN ACT To amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations; to provide that any bid bond, performance bond, or payment bond required under said Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public board or body who negotiates the contract on behalf of such public entity; to provide for a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bonds or other security required for public works contracts, is amended by adding at the end thereof two new subsections, to be designated subsections (e) and (f), to read as follows:

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(e) (1) As used in this subsection the term `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. For purposes of this subsection a corporation shall include a person or a company. (2) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this Code section of each affiliated corporation rescinding or revoking its bid shall be forfeited. (f) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, county, municipal corporation, or public board or body who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bid being accepted. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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MOTOR VEHICLE LICENSE PLATES DISPLAY OF PLATE RESEMBLING OFFICIAL LICENSE PLATE ON REAR OF VEHICLE PROHIBITED; PENALTY. Code Section 40-2-41 Amended. No. 377 (House Bill No. 468). 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 prohibit the display on the rear of any vehicle of any permanent or temporary license plate which resembles an official license plate issued by the State of Georgia; to provide for a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 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 40-2-41, relating to display of license plates, in its entirety and inserting in lieu thereof a new Code Section 40-2-41 to read as follows: 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. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag which resembles a license plate which is issued by the State of Georgia. 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

Page 780

required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. CRIMINAL PROCEDURE PLEAS OF INSANITY OR MENTAL INCOMPETENCY; RELEASE HEARINGS; CONDITIONAL RELEASE; REVOCATION; DEPARTMENT OF HUMAN RESOURCES; LIABILITY. Code Section 17-7-131 Amended. No. 378 (House Bill No. 469). AN ACT To amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant; to provide the court with the authority to authorize a period of conditional release; to provide for discharge upon the successful completion of such conditional release; to provide for revocation of such conditional release; to provide the defendant with the right of review by the court; to provide that the Department of Human Resources shall not be criminally or civilly liable for certain acts; to repeal conflicting laws; and for other purposes.

Page 781

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, is amended by striking subparagraph (b)(3)(A) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he (or she) should be released pursuant to law. Section 2. Said Code section is further amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody without a hearing. (2) If the defendant is not so discharged, the trial judge shall order a hearing to determine if the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37. If such criteria are not met, the defendant must be discharged. (3) The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently

Page 782

mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. (4) If the judge determines that the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section. Such rights are: (A) A notice that a hearing will be held and the time and place thereof; (B) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel; (C) The right to confront and cross-examine witnesses and to offer evidence; (D) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest; (E) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and

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(F) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable. (5) (A) If a defendant appears to meet the criteria for outpatient involuntary treatment as defined in Part 3 of Article 3 of Chapter 3 of Title 37, which shall be the criteria for release on a trial basis in the community in preparation for a full release, the court may order a period of conditional release subject to certain conditions set by the court. The court is authorized to appoint an appropriate community service provider to work in conjunction with the Department of Human Resources to monitor the defendant's compliance with these conditions and to make regular reports to the court. (B) If the defendant successfully completes all requirements during this period of conditional release, the court shall discharge the individual at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate. (C) If the defendant does not successfully complete any or all requirements of the conditional release period, the court may: (i) Revoke the period of conditional release and return the defendant to a state hospital for inpatient services; or (ii) Impose additional or revise existing conditions on the defendant as appropriate and continue the period of conditional release. (D) For any decision rendered under subparagraph (C) of this paragraph, the defendant may

Page 784

request a review by the court of such decision within 20 days of the order of the court. (E) The Department of Human Resources and any community services providers providing supervision or treatment during a period of conditional release shall not be held criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release. Section 3. Said Code section is further amended by striking paragraph (3) of subsection (f) of said Code section and inserting in lieu thereof a new paragraph (3) to read as follows: (3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does meet the inpatient civil commitment criteria, a further release application by the defendant shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. The Department of Human Resources shall have the independent right to request a release hearing once every 12 months. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991. CHECK CASHERS LICENSING; EXEMPTION. Code Section 7-1-709 Amended. No. 379 (House Bill No. 470). AN ACT To amend Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating

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and licensing check cashers, so as to change an exemption from the requirement of obtaining a license to cash checks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in its place a new paragraph (1) to read as follows: (1) Incidental to the retail sale of goods or services for a consideration of not more than 1 percent of the face amount of the check, draft, or money order or $1.00 per check, draft, or money order, whichever is greater, and where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks does not exceed $25,000.00 per annum for each business location; or Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUND CORRECTION OF RECORDS AND PAYMENTS. Code Section 47-17-22 Amended. No. 380 (House Bill No. 484). AN ACT To amend Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct certain errors in records which result in an overpayment or an underpayment to a beneficiary; to authorize such board to make certain adjustments to payments to certain beneficiaries; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-17-22 of the Official Code of Georgia Annotated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, is amended by striking and at the end of paragraph (10), by substituting ; and for the period at the end of paragraph (11), and by adding at the end a new paragraph (12) to read as follows: (12) To correct errors in the records of the fund in those instances in which an error results in a member or beneficiary receiving more or less than he or she would have been entitled to receive had the records been correct and to adjust the payments, as far as is practicable, in such a manner that the member or beneficiary is paid the actuarial equivalent of the benefit to which he or she is actually entitled. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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EVIDENCE NONERASABLE OPTICAL IMAGE REPRODUCTIONS; ADMISSIBILITY. Code Section 24-5-26 Amended. No. 381 (House Bill No. 492). AN ACT To amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain nonerasable optical image reproductions; 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 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, is amended by striking Code Section 24-5-26, relating to reproductions made in the regular course of business and their admissibility into evidence, and inserting in lieu thereof a new Code Section 24-5-26 to read as follows: 24-5-26. Any photostatic, microphotographic, photographic, or nonerasable optical image reproduction of any original writing or record made in the regular course of business to preserve permanently by such reproduction the writing or record shall be admissible in evidence in any proceeding in any court of this state and in any proceeding before any board, bureau, department, commission, or agency of the state, in lieu of and without accounting for the original of such writing or record. Any enlargement or facsimile of such reproduction shall likewise be admissible if the original of the reproduction is in existence and available for inspection under direction of the court or the agency conducting the proceeding. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1991.

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HOLIDAYS GIRLS AND WOMEN IN SPORTS DAY; DESIGNATION. Code Section 1-4-10 Enacted. No. 383 (Senate Bill No. 130). 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 the first Thursday in February of each year as Girls and Women in Sports Day in Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, the history of women in sports is rich and long, but there has been little national recognition of the significance of the athletic achievements of women; and WHEREAS, athletics is one of the most effective avenues available through which women may develop leadership skills, self-discipline, and confidence; and WHEREAS, sports and fitness activities contribute to emotional and physical well-being and enable women to establish lifelong habits of physical fitness; and WHEREAS, there is a need to encourage and support the talent, determination, and accomplishments of female athletes and to ensure a fair representation of the athletic achievements of women among the citizenry of Georgia. 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 1-4-10 at the end thereof to read as follows:

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1-4-10. The first Thursday in February of each year is designated as `Girls and Women in Sports Day' in Georgia. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. CHARITABLE ORGANIZATIONS FILING OF FINANCIAL STATEMENTS. Code Section 43-17-5 Amended. No. 384 (Senate Bill No. 163). AN ACT To amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are required to be filed with the Secretary of State; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement

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with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement shall be signed by an authorized executive officer of the charitable organization and shall contain the following information: (A) The name under which the charitable organization intends to solicit contributions; (B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors; (C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor; (D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used; (F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require. (3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against

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such applicant in the manner and form provided in Code Section 43-17-18. (4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $500,000.00 during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $100,000.00 but not more than $500,000.00 during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principals as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected less than $100,000.00 during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. (5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizational instrument within 30 days after adoption.

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(6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. (7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he shall immediately notify the applicant of such registration. (8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization. (9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $500,000.00 during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one

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year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. If the charitable organization has received or collected more than $100,000.00 but not more than $500,000.00 during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principals as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected less than $100,000.00 during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (10) The registration of a charitable organization shall be promptly amended to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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GUARANTEED ARREST BOND CERTIFICATES AUTOMOBILE CLUBS; MAXIMUM AMOUNTS. Code Section 33-24-50 Amended. No. 385 (House Bill No. 387). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, is amended by striking in its entirety Code Section 33-24-50, relating to actions as sureties upon guaranteed arrest bond certificates and acceptance of such certificates, and inserting in its place a new Code Section 33-24-50 to read as follows: 33-24-50. (a) Any domestic or foreign insurance company, fidelity insurance company, or surety company which has qualified to transact business within this state may contract to become surety, in an amount not to exceed $1,000.00 each, for any guaranteed arrest bond certificates issued by an automobile club or association or by a trucking club or association by filing with the Commissioner a certificate thus to become surety. (b) The certificate shall be in a form which shall be prescribed by the Commissioner and shall state: (1) The name and address of the automobile club or clubs or automobile association or associations or of the trucking club or clubs or trucking association or associations issuing the guaranteed arrest bond certificates of which the company undertakes to be surety; and

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(2) The unqualified obligations of the company undertaking to become surety to pay the fine or forfeiture, in an amount not to exceed $1,000.00, of any person who fails to make an appearance to answer to the charges for which said guaranteed arrest bond certificate is posted. (c) Any guaranteed arrest bond certificate to which an insurance, fidelity insurance, or surety company has become surety, as provided for in this Code section, shall, when posted by the person whose signature appears thereon, be accepted, in lieu of cash bail or other bond in an amount not to exceed $1,000.00, as a bail bond to guarantee the appearance of the person in any court in this state, including all municipal courts in this state, at such time as may be required by the court when the person is arrested for violation of any motor vehicle law of this state, including, but not limited to, violations regarding the size, weight, or height of vehicles, improperly licensed vehicles, improper identification devices, safety infractions, and faulty equipment or pollution control devices, or any motor vehicle ordinance of any municipality in this state except for the offense of driving under the influence of intoxicating liquors or drugs or for any felony. Any guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided by law. Any guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality pertaining to bail bonds. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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MUNICIPAL CORPORATIONS POPULATION GREATER THAN 300,000; CONTRACTS; EASEMENTS. Code Section 36-37-6.1 Amended. No. 386 (Senate Bill No. 169). AN ACT To amend Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-37-6.1 of the Official Code of Georgia Annotated, relating to the sale, exchange, lease, or grant of an easement over certain property by certain municipalities, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use. (2) All such municipalities shall have authority to enter into contracts and renewals and extensions of contracts for the cooperative operation, maintenance, cooperative management, and funding of property which in no way

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limits the governance or the policy role of said municipalities which property is used primarily for recreational purposes consistent with general park and recreational purposes, for periods not exceeding ten years and for a valuable consideration. 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, 1991. MOTOR VEHICLES DEALERS; WARRANTIES; DISTRIBUTORS; REMEDIES. Code Sections 10-1-641 and 10-1-651 Amended. No. 387 (House Bill No. 646). AN ACT To amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchises, so as to provide for warranty reimbursement to dealers; to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor; 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 motor vehicle franchises, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 10-1-641, relating to the requirement

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that the dealer's predelivery preparation, warranty service, and recall work obligations be provided in writing, which reads as follows: (2) In the determination of what constitutes reasonable compensation under this Code section, the principal factors to be considered shall be the prevailing wage rates being paid by dealers in the community in which the dealer is doing business. 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., and inserting in lieu thereof the following: (2) In the determination of what constitutes reasonable compensation for parts reimbursement and labor rates under this Code section, the principal factors to be considered shall be the retail price paid to dealers for parts and the prevailing hourly labor rates paid to dealers doing the repair, work, or service and to other dealers in the community in which the dealer doing the repair, work, or service is doing business for the same or similar repair, work, or service. However, in no event shall parts reimbursement paid to the dealer be less than the retail price for such parts being paid to such dealer by nonwarranty customers for nonwarranty parts replacement, and in no event shall the hourly labor rate paid to a dealer for such warranty repair, work, or service be less than the rate charged by such dealer for like repair, work, or service to nonwarranty customers for nonwarranty repair, work, or service. Section 2. Said article is further amended by adding at the end of Code Section 10-1-651, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, a new subsection (j) to read as follows: (j) All procedures, protections, and remedies afforded to a motor vehicle dealer under this Code section shall be available to a motor vehicle distributor whose distributor agreement

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is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. GEORGIA AUCTIONEERS COMMISSION CONTINUING EDUCATION; FEES; RECIPROCITY. Code Section 43-6-11.2 Enacted. Code Sections 43-6-12 and 43-6-13 Amended. No. 388 (Senate Bill No. 160). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the provisions of reciprocity; to authorize the commission to charge fees; 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 the licensing of auctioneers, is amended by adding, following Code Section 43-6-11.1, a new Code Section 43-6-11.2 to read as follows: 43-6-11.2. (a) Licenses for auctioneers shall expire biennially as provided in Code Section 43-1-4. The commission shall be authorized to require persons seeking renewal of an auctioneer's license under this chapter to complete commission

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approved continuing education of not more than eight hours biennially. (b) The commission shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the commission deems appropriate. (c) The commission 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 biennial renewal cycle which begins after the 1990-1991 renewal. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-6-12, relating to reciprocity, and inserting in lieu thereof a new subsection (a) as follows: (a) A person who holds a current license as an auctioneer or an apprentice auctioneer under the laws of any other state having requirements similar to those in this chapter may, at the discretion of the commission, be issued a license to practice as an auctioneer or an apprentice auctioneer in this state without written examination upon the payment of a fee as required by the commission. Section 3. Said chapter is further amended by striking subsection (a) of Code Section 43-6-13, relating to license fees, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The joint-secretary, at the time an application for licensure is submitted, shall collect from an applicant a fee in an amount established by the commission. The commission may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business prior to or after the issuance of any such license. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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AUCTIONEERS EDUCATION, RESEARCH, AND RECOVERY FUND CREATION; PURPOSES. Code Sections 43-6-11 and 43-6-11.1 Amended. Code Section 43-6-22.1 Enacted. No. 389 (Senate Bill No. 161). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to repeal certain provisions relating to bonds; to provide for the creation of the auctioneers education, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a minimum balance; to provide for claims, payments, and liability; to provide for practices, procedures, and requirements relating to the fund and payments from or to the fund; to provide for actions; to provide for notice; to provide for judgments and payment thereof; to provide for orders; to provide for revocation of licenses; to provide for interest; to provide for deposits into the state treasury and the holding of funds in a special fund; to provide for investments; to prohibit the filing of certain notices, statements, or documents; to provide for a penalty; to provide for powers, duties, rights, and obligations of the Georgia Auctioneers Commission; to provide for assignments; to provide for the use of excess funds; to provide for assessments; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by striking Code Section 43-6-11, relating to qualifications of applicants generally, and inserting in lieu thereof a new Code Section 43-6-11 to read as follows:

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43-6-11. (a) No auctioneer's or apprentice auctioneer's license shall be issued to any person who has not attained the age of 18 years, nor to any person who is not a resident of this state unless he has fully complied with Code Section 43-6-12, nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. (b) Each applicant for an auctioneer's or apprentice auctioneer's license shall be required to pass an examination in a form prescribed by the commission. (c) Each applicant for licensure as an auctioneer or apprentice auctioneer must prove to the commission that he is reputable, trustworthy, honest, and competent to transact the business of an auctioneer or of an apprentice auctioneer in such a manner as to safeguard the interest of the public. (d) Each applicant for licensure as an auctioneer shall: (1) Have served as an apprentice auctioneer for at least 12 months under the supervision of a licensed auctioneer in this state and have served as the principal auctioneer in ten or more auctions, where gross sales were not less than $2,000.00 per auction, during the period he was an apprentice auctioneer; or (2) Have successfully graduated from an auctioneers school approved by the commission and have served as an apprentice auctioneer for at least six months under the supervision of a licensed auctioneer in this state. (e) No apprentice auctioneer may use an auction where gross sales did not exceed $2,000.00 for the purpose of qualifying for licensure as an auctioneer under paragraph (1) of subsection (d) of this Code section. Section 2. Said chapter is further amended by striking Code Section 43-6-11.1, relating to applications for license of a company, and inserting in lieu thereof a new Code Section 43-6-11.1 to read as follows:

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43-6-11.1 (a) No company shall be registered to engage in the business of auctioning unless such company furnishes to the commission: (1) A completed application form as prescribed by the commission; (2) Satisfactory evidence approved by the commission that the company employs or shall employ an auctioneer licensed under the provisions of this chapter to conduct any auctions in this state; and (3) If such company is a foreign corporation, satisfactory evidence approved by the commission that such company is authorized to do business in this state and is registered in accordance with Chapter 3 of Title 14. (b) A company owned by or employing one or more fulltime auctioneers licensed by the commission may be exempt from subsection (a) of this Code section, provided that such company is directly supervised by a licensed auctioneer. (c) A company licensed under Chapter 47 and Chapter 48 of this title which engages in the business of auctioning on behalf of insurance companies and financial institutions shall not be subject to the requirements of paragraph (3) of Code Section 43-6-18. Section 3. Said chapter is further amended by adding, following Code Section 43-6-22, a new Code Section 43-6-22.1 to read as follows: 43-6-22.1. (a) The commission is authorized and directed to establish and maintain an auctioneers education, research, and recovery fund. (b) The commission shall maintain a minimum balance of $100,000.00 in the auctioneers education, research, and recovery fund from which any person, except bonding companies when they are not principals in an auction transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant to this

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chapter, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate or lots of personal property involved in such transaction. In addition: (1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in an auction transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $10,000.00 from the fund. (c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the auctioneers education, research, and recovery fund. (d) (1) No action for a judgment which subsequently results in an order for collection from the auctioneers education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the auctioneers education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct

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which is in violation of this chapter or of the regulations promulgated pursuant to this chapter, which act occurred on or after January 1, 1992, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the auctioneers education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show: (A) That he is not a spouse of the judgment debtor or the personal representative of such spouse; (B) That he has complied with all the requirements of this Code section; (C) That he has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, he had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) That he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) That he has caused the judgment debtor to make discovery under oath concerning his property, in

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accordance with Chapter 11 of Title 9, the `Georgia Civil Practice Act'; (F) That he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) That by such search he has discovered no personal or real property or other assets liable to be sold or applied or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied and that he has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) That the following items, if any, as recovered by him have been applied to the actual or compensatory damages awarded by the court: (i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements.

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(5) The court shall make an order directed to the commission requiring payment from the auctioneers education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the auctioneers education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the supervising auctioneer of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the auctioneers education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the auctioneers education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the auctioneers education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the auctioneers education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum. (e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state

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treasury and held in a special fund to be known as the `auctioneers education, research, and recovery fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this state, and the interest from these investments shall be deposited to the credit of the auctioneers education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the auctioneers education, research, and recovery fund. (f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and any such filing shall constitute a misdemeanor. (g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf of and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant. (h) When, upon the order of the court, the commission has paid from the auctioneers education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited in the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by

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the commission's attempting to collect assigned judgments shall be paid from the fund. (i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section. (j) The commission, in its discretion, may use any and all funds, in excess of the amount of $100,000.00 required by subsection (b) of this Code section, regardless of whether such funds are from the auctioneers education, research, and recovery fund or from accrued interest thereon for the purpose of helping to underwrite the cost of education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the auctioneers education, research, and recovery fund to be reduced to an amount less than $100,000.00. (k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $100,000.00 is maintained in the auctioneers education, research, and recovery fund, may assess each licensee, only upon renewal of his license, an amount not to exceed $150.00 per year. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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GEORGIA TRUST ACT REVISION OF LAWS RELATING TO TRUSTS. Code Titles 7, 9, 11, 14, 15, 48, and 53 Amended. No. 390 (House Bill No. 794). AN ACT To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts; to provide for a short title; to define certain terms; to provide for applicability; to provide for jurisdiction; to resolve conflicts between trusts and provisions of Chapter 12 of Title 53, the Georgia Trust Act; to provide for the survival of certain principles of common law and equity; to provide for express trusts; to provide who may create a trust; to provide that a trustee shall have legal capacity; to provide for duration of trusts; to provide that parol evidence may be presented; to provide for spendthrift provisions; to provide for creation by deed to acquire beneficial interests; to provide for testamentary additions to trusts; to provide for implied trusts; to provide for resulting trusts; to provide for purchase money resulting trusts; to provide for constructive trusts; to provide for charitable trusts; to provide for the cy pres doctrine; to provide that the Attorney General or the district attorney shall be the representative of charitable beneficiaries; to provide certain provisions for certain private foundations and trusts; to provide for revocation, modification, and termination of trusts; to provide for judicial modification of trusts; to provide for the appointment of trustees and the acceptance of trusts; to provide for cotrustees; to provide for the compensation of trustees; to provide for trustee's bond; to provide for the resignation of trustees; to provide for the removal of trustees; to provide for trustee duties and liabilities; to provide for relief of trustee liability; to provide for the liability of cotrustees; to provide for remedies; to provide for limitation of actions; to provide for the allocation of principal and income; to provide for incorporation of fiduciary powers by reference; to provide for trustee powers; to provide for the disposition of income; to provide that trustees may contract and lease property; to provide for application to superior court; to provide for the power of trustee to sell or convey trust corpus; to provide for rules and restrictions governing sales by trustees; to provide for report of sale and reinvestment of proceeds

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by a trustee; to provide that trustees may compromise doubtful debts; to provide that liens may not be created upon trust estates; to authorize investments of trust funds; to provide for the registration and deposit of securities; to provide for simplification of fiduciary transfers; to provide for foreign trustees; to provide for foreign trustees of real property in the state; to provide for foreign corporation fiduciaries; to amend certain provisions so as to change certain cross-references; 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 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by striking Chapters 12, 13, 14, 15, 16, and 17 of said title and inserting in lieu thereof a new Chapter 12 to read as follows: CHAPTER 12 ARTICLE 1 53-12-1. This chapter shall be known and may be cited as the `Georgia Trust Act.' 53-12-2. As used in this chapter, the term: (1) `Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest. A beneficiary must be definitely ascertainable at the time of the creation of the trust or definitely ascertainable within the period of the rule against perpetuities. (2) `Express trust' means a trust in which the settlor's intention to create the trust is expressly stated, and which meets the requirements of Code Section 53-12-20. (3) `Implied trust' means a trust in which the settlor's intention to create the trust is implied from the circumstances, and which meets the requirements of Code Sections 53-12-90 through 53-12-93.

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(4) `Interested person' means a trustee, beneficiary, or any other person having an interest in or claim against the trust. This meaning, as it relates to particular persons, may vary from time to time and must be determined according to the particular purposes of and matter involved in any proceeding. (5) `Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, an unincorporated organization, or two or more persons having a joint or common interest, including an individual or a corporation acting as a personal representative or in any other fiduciary capacity. (6) `Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. The term also includes choses in action, claims, and contract rights, including a contractual right to receive death benefits as designated beneficiary under a policy of insurance, contract, employees' trust, or other arrangement. (7) `Settlor' means the person who creates the trust. The terms `grantor' and `trustor' mean the same as `settlor.' (8) `Trust' means a fiduciary relationship with respect to property arising from a settlor's intention to impose equitable duties on a person to hold, manage, or otherwise administer that property for the benefit of another person. (9) `Trust instrument' means the document or documents that manifest the elements and other details of a trust. (10) `Trust property' means property placed in trust by the settlor or property otherwise transferred to or acquired or retained by the trustee for the trust. The terms `trust corpus' and `trust res' mean the same as `trust property'. (11) `Trustee' means the person holding legal title to the property in trust.

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53-12-3. Except to the extent it would impair vested rights and except as otherwise provided by law, this chapter shall apply to any trust regardless of the date it was created. 53-12-4. Trusts of every kind, not generally cognizable at law, are peculiarly subjects of equity jurisdiction. Any person having a claim against any trust for services rendered to the trust or for articles, property, or money furnished for the use of the trust or having any claim for the payment of which a court exercising equitable powers of relief would render the trust liable may collect and enforce the payment of the claim in a court of law. Jurisdiction over actions and proceedings against creditors or debtors of trusts, and other actions and proceedings to which the trustee or the trust is a party which do not involve the internal affairs of the trust, lies in the court in which jurisdiction would lie if all parties to the suit were natural persons. 53-12-5. The effect of provisions of this chapter may be varied by the trust instrument except: (1) As otherwise provided in this chapter; and (2) As to any of the requirements contained in this article and Article 2 of this chapter. 53-12-6. A trust shall never fail for the want of a trustee. 53-12-7. Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another statute, those principles remain the law of this state. ARTICLE 2 53-12-20. (a) An express trust shall be created or declared in writing. (b) An express trust shall have each of the following elements, ascertainable with reasonable certainty: (1) An intention by a settlor to create a trust;

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(2) Trust property; (3) A beneficiary; (4) A trustee; and (5) Active duties imposed on the trustee, which duties may be specified in the writing or implied by law. 53-12-21. (a) No formal words are necessary to create an express trust. (b) Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor's intention to impose enforceable duties on a trustee, and if all other elements of an express trust are present. 53-12-22. A person has capacity to create an inter vivos trust to the extent that person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that person has legal capacity to devise or bequeath property by will. 53-12-23. A trust may be created for any lawful purpose. 53-12-24. (a) The trustee must have legal capacity under Georgia law to acquire, hold, and transfer title to property. If the trustee is a corporation, it must have the power to act as a trustee in Georgia. (b) The fact that the person named as trustee is also a beneficiary does not of itself incapacitate the person from acting as trustee. (c) The settlor of a trust may be the trustee of the trust. 53-12-25. Property may be added to an existing trust from any source in any manner if the addition is permitted by the trust instrument and the property is acceptable to the trustee. 53-12-26. Except as otherwise provided by law, a trust shall be executory and the legal estate shall remain in the trustee only so long as the trustee has any powers or duties in

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regard to the trust property and the trust serves a material purpose of the settlor. 53-12-27. When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent. 53-12-28. (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by the trustee. (b) A spendthrift provision prohibiting voluntary transfers is valid and enforceable. (c) Except as otherwise provided in this subsection, a spendthrift provision prohibiting involuntary transfers is valid and enforceable. A spendthrift provision prohibiting involuntary transfers is not valid if the beneficiary is the settlor. A spendthrift provision prohibiting involuntary transfers is not valid as to the following claims against a distribution to a beneficiary, other than a beneficiary who has a medically determined physical or mental disability that substantially impairs the beneficiary's ability to provide for the beneficiary's care or custody and constitutes a substantial handicap, to the extent the distribution would be subject to garnishment under the laws of this state if the distribution were disposable earnings: (1) Tort judgments; (2) Taxes; (3) Governmental claims; (4) Alimony; (5) Child support; or (6) Judgment for necessaries not voluntarily provided by the claimant.

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(d) Notwithstanding any other provision in this Code section to the contrary, a spendthrift provision in a bona fide pension or retirement trust is valid and enforceable with reference to the entire interest of the beneficiary in the income or in the principal or in both, even if the beneficiary is also the settlor of the trust, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p), or any subsequent statute of similar import. ARTICLE 3 53-12-50. As used in this article, the term: (1) `Deed' means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee or trustees named therein and sets forth the terms and conditions of the trust and which indicates an intention, either expressly or by implication, that the trust estate created therein should be subject to this article, but the word shall not include every warranty deed, quitclaim deed, bill of sale, or other instrument which conveys title to property to a trustee, merely by virtue of such fact alone. (2) `Estate' means any alienable interest in property, legal or equitable, freehold or nonfreehold, possessory or nonpossessory. (3) `Property' means and includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, or other obligations secured by property or any interest therein, or other interests in such property. 53-12-51. The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whether sui juris or not, who may contribute to the improvement or development or acquisition of the property and their assigns or transferees, provided that the deed creating the estate shall provide for the improvement or development of the property covered thereby or for the acquisition of the property and the trustee or trustees

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therein named and their successors shall have some active duty to perform in and about the trust property or the management or control of the same. The deed creating the estate shall be recorded as provided in Code Section 53-12-52. When such an estate is created, the legal title to the property and all the property added thereto or substituted therefor shall vest and remain in the trustee or trustees named and his or their successors, in accordance with the terms of the deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the estate pass to or vest in the beneficiaries. At the end of 25 years from the date of the deed creating the estate, the title to such of the property as may then belong to the estate shall vest in the beneficiaries; and, if the deed creating the estate so provides, a renewal of the estate may be made at the end of the 25 years, upon the terms and conditions and in the manner therein set forth, for a like period; provided, however, that in the alternative to the period of 25 years and the renewal thereof, if the deed so provides, the estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter. 53-12-52. (a) The deed creating a trust estate as provided in Code Section 53-12-51 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently deposit with and pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall forthwith deliver to the trustee or his attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk. (b) Upon receiving the two certified copies of the deed, the trustee or his attorney shall present the same to the Secretary of State and shall concurrently therewith pay $5.00 to the Secretary of State for the use of the state. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form:

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STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated....., by and between.....as grantor(s) and..... as trustee(s), which states that the trustee(s) may use the name of....., has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this..... day of....., 19...... ..... Secretary of State (c) The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions. (d) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of $1.00, plus 10 per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect. (e) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed. 53-12-53. If the deed creating a trust estate under Code Section 53-12-51 so provides, the trustee or trustees may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word `trust' but may not include the words `trust company.' 53-12-54. When an estate is created pursuant to Code Section 53-12-51 and from time to time thereafter, the trustee

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or trustees shall issue such certificates of beneficial interest as may be provided for by the deed to the persons who are beneficially interested in the estate or who become so interested therein in accordance with the provisions of the deed. The certificates shall pass and be transferred as personalty and in the same manner as shares of stock in corporations and shall be subject to levy and sale under attachment or execution or any other process in like manner as shares of stock. The trustee or person in charge of the estate representing the trustee shall be subject to the same demand as that provided by Code Sections 11-8-317 and 9-13-58 for the levying officer to make upon the officers of a corporation. Persons having claims against the estate may enforce the same by action against the trustee or trustees thereof in like manner as actions against corporations, and service thereof may be perfected by serving the trustee or trustees, if residents of this state, and if not, then by publication. The venue of such actions shall be the same as that of similar actions against private corporations, but neither the trustees nor the beneficiaries of the estate shall be personally or individually liable therefor except in cases where officers and stockholders of private corporations would be liable under the law. 53-12-55. The trustee or trustees of a trust created under Code Section 53-12-51 shall have sole and exclusive management and control of the property, in accordance with the terms of the deed creating the estate. The exercise by the trustee or trustees of any power granted or conferred by the deed, including the power to lease, encumber, and sell, when exercised in accordance with the terms thereof, shall be as valid and effective to all intents and purposes as if the trustee or trustees were the sole and exclusive owners of the property in his or their own right. The trustee or trustees may resign or be removed and their successors may be appointed in the manner and in accordance with the terms fixed by the deed creating the estate. The same rights, powers, and title over and to the property shall belong to and be vested in the new trustee or trustees as are conferred upon the original trustee or trustees by the deed creating the estate. The death of a trustee shall not operate to cast title upon his heirs, devisees, executors, or administrators, but the same shall vest in his successor, when appointed.

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53-12-56. In addition to investments in any property, as such word is defined in Code Section 53-12-50, the trustee or trustees of a trust created under Code Section 53-12-51 may invest any funds of the trust estate in investments authorized to be made by trustees under the laws of this state; provided, however, that the deed creating the estate may further limit or expand the powers and authority of the trustee or trustees with respect to investments, including the power to invest in property located outside this state. The trustee or trustees are authorized and empowered, in accordance with the terms of the deed creating the estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest. 53-12-57. Each trust created pursuant to this article shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same manner and embracing the same information, insofar as applicable, as returns by corporations which are required to be made under Articles 1 and 16 of Chapter 2 of Title 14, including the provisions with regard to fees, penalty for noncompliance, and recording and certifying of copies of the returns. 53-12-58. Upon the termination of the estate created under Code Section 53-12-51, the legal title to all the property belonging to the estate which is then undisposed of shall pass to and vest in the persons who are, at that time, the beneficiaries of the estate, in shares corresponding with their respective interest as beneficiaries. 53-12-59. (a) Any trust created pursuant to this article may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title 14 if the deed creating the trust expressly authorizes the merger. (b) With respect to the required procedure for the merger and the rights of dissenting shareholders: (1) The trust shall comply with any applicable provisions of the deed creating the trust and with the following Code sections, as if the trust were a domestic corporation:

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(A) Subsection (b) of Code Section 14-2-1103, relating to director approval of a plan of merger, as if the trustee or trustees of the trust were a board of directors of a domestic corporation; (B) Subsections (c) through (i) of Code Section 14-2-1103, relating to shareholder approval, and Code Sections 14-2-1301 through 14-2-1332, relating to rights of dissenting shareholders, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and (C) Code Sections 14-2-1105 and 14-2-1105.1, relating to execution of articles of merger and filing of the articles, together with other required documents, with the Secretary of State; and (2) The domestic corporation into which the trust is merged shall comply with the provisions of Title 14 relating to the merger of domestic corporations, in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this Code section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in Code Sections 14-2-1105 and 14-2-1105.1, the Secretary of State shall treat the merger as if it were a merger of corporations under Code Sections 14-2-1105 and 14-2-1105.1. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in Code Section 14-2-1105, or at such later time and date as the articles specify, not to exceed 60 days from the date of delivery of the articles to the Secretary of State. When the merger has become effective: (1) The trust and the domestic corporation into which the trust is merged shall be a single domestic corporation; (2) The separate existence of the trust shall cease;

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(3) The domestic corporation shall continue to have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under Title 14; (4) The domestic corporation shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of the trust; and all property, real, personal, and mixed, all debts due on whatever account, including subscriptions to shares, all other choses in action, and all and every other interest of or belonging to or due to the trust shall be taken and deemed to be transferred to and vested in the domestic corporation without further act or deed; and the title to any real property or any interest therein vested in the trust shall not revert or be in any way impaired by reason of the merger; (5) The domestic corporation shall thenceforth be responsible and liable for all the liabilities and obligations of the trust. Any claim existing or action or proceeding pending by or against the trust may be prosecuted as if the merger had not taken place, or the domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the trust shall be impaired by the merger; and (6) The articles of incorporation of the domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. ARTICLE 4 53-12-70. This article shall be known and may be cited as the `Testamentary Additions to Trusts Act.' 53-12-71. (a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, even if the trustor has reserved

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any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20). The devise or bequest shall not be invalid because the trust is amendable, revocable, or both or because the trust was amended after the execution of the will or after the death of the testator. (b) Unless the testator's will provides otherwise, the property so devised or bequeathed: (1) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and (2) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether the amendments were made before or after the execution of the testator's will, and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. (c) A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. 53-12-72. The trustee or trustees of a trust established by the testator or others as provided in Code Section 53-12-71 shall not be required to inquire into or audit the actions of the executor or executors of the testator's estate or to make any claim against the executor or executors unless specifically directed to do so by the trustor or trustors in the trust instrument. In the event that the trustee or trustees are authorized or directed by the trustor or trustors in the trust instrument to pay or advance any part or all of the trust property to the executor or executors of the testator's estate for the payment of debts, taxes, and expenses of administration of the testator's estate, the trustee or trustees shall not be liable for the application

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of the trust property so paid or advanced and shall not be liable for any act done or omitted to be done by the executor or executors with regard to the trust property. 53-12-73. This article shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This article shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, by a testator dying prior to such date. 53-12-74. This article shall be liberally construed and applied so as to effectuate its general purpose to provide for testamentary additions to trusts and to make uniform the law among the various jurisdictions. ARTICLE 5 53-12-90. An implied trust is either a resulting trust or a constructive trust. 53-12-91. A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property, under any of the following circumstances: (1) A trust is created but fails, in whole or in part, for any reason; (2) A trust is fully performed without exhausting all the trust property; or (3) A purchase money resulting trust as defined in subsection (a) of Code Section 53-12-92 is established. 53-12-92. (a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property.

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(b) Except as provided in subsection (c) of this Code section, such payment of consideration shall create a presumption in favor of a resulting trust, but this presumption is rebuttable by a preponderance of the evidence. (c) If the payor of consideration and transferee of the property are husband and wife, parent and child, or siblings, a gift shall be presumed, but this presumption is rebuttable by clear and convincing evidence. 53-12-93. (a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity. (b) The person claiming the beneficial interest in the property may be found to have waived the right to a constructive trust by subsequent ratification or long acquiescence. 53-12-94. In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the conduct of the parties, either to imply or rebut the trust. ARTICLE 6 Part 1 53-12-110. The following subjects, as well as other subjects having for their purpose the relief of human suffering or the promotion of human civilization, are proper subjects of charity: (1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religion; (4) The advancement of health; (5) The improvement or repair of cemeteries or tombstones;

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(6) The prevention of cruelty to animals; and (7) Governmental purposes. 53-12-111. A charitable trust is one in which the settlor provides that the trust property shall be used for charitable purposes. If the settlor provides for both charitable and noncharitable purposes, the provisions relating to the charitable purposes shall be governed by this article. 53-12-112. The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may direct the trustee or any other person to select the charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without rendering the trust void for indefiniteness. 53-12-113. If a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by the testator, settlor, or donor, the superior court will exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator, settlor, or donor. 53-12-114. A charitable trust is valid even though by the terms of the trust it is to continue for an indefinite or unlimited period. 53-12-115. In all cases in which the rights of beneficiaries under a charitable trust are involved, the Attorney General or the district attorney of the circuit in which the major portion of trust res lies shall represent the interests of the beneficiaries and the interests of this state as parens patriae in all legal matters pertaining to the administration and disposition of such trust. The Attorney General or the district attorney may bring or defend actions and, insofar as an action of this nature may be deemed an action against the state, the state expressly gives its consent thereto. The venue of such actions may be in any county in the state in which a substantial number of persons who are the beneficiaries of the trust reside. Process shall be directed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Service may be perfected by mailing a copy of the petition and process by the clerk of the superior court of the county in which

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it is filed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust res lies. Any judgment determining rights under any charitable trusts shall be binding on the beneficiaries if the Attorney General or the district attorney of the circuit in which the major portion of the trust res lies is a party and is served as provided in this Code section. 53-12-116. (a) As used in this Code section, the term `charitable trust' means a charitable trust which conforms to the definition of a private foundation set forth in Section 509 of the Internal Revenue Code. (b) As used in this Code section, the term `trustee' means the trustee of a charitable trust. (c) The state revenue commissioner shall be authorized to supervise the administration of charitable trusts in the manner set forth in this Code section. (d) Every trustee of a charitable trust shall file with the state revenue commissioner a copy of the annual return filed by the trustee with the Internal Revenue Service, as required by Section 6033 of the Internal Revenue Code, or a copy of the annual report filed by the trustee with the Internal Revenue Service, as required by Section 6056 of the Internal Revenue Code. (e) At any time the state revenue commissioner deems an audit of the financial records and accounts of a charitable trust to be necessary, the commissioner shall notify the trustee in writing, and the audit shall immediately be undertaken by a certified public accountant to be selected jointly by the commissioner and the trustee. In the event agreement cannot be reached upon selection of a certified public accountant within ten days of receipt by the trustee of the notice provided for in this subsection, either party may request the selection of a certified public accountant for such purposes by the State Board of Accountancy. Expenses and fees incurred in the preparation of an audit shall be deemed valid expenses chargeable against the affected trust.

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(f) The state revenue commissioner may investigate transactions and relationships of the trustees of charitable trusts subject to this Code section for the purpose of determining whether the property held for charitable purposes is properly administered. The commissioner may require any agent, trustee, fiduciary, beneficiary, institution, association, corporation, or other person to appear at a named time and place in the county designated by him, where the person resides or is found, to give information under oath and to produce books, memoranda, papers, documents of title, and evidence of assets, liability, receipts, or disbursements in the possession or control of the person ordered to appear. (g) When the state revenue commissioner requires the attendance of any person, as provided in subsection (f) of this Code section, the commissioner shall issue an order setting forth the time when and the place where attendance is required and shall cause the same to be served in person or by registered or certified mail upon the person at least 14 days before the date fixed for attendance. The order shall have the same force and effect as a subpoena and, upon application of the commissioner, obedience to the order may be enforced by any court having jurisdiction of charitable trusts in the county where the person receiving it resides or is found, in the same manner as though the notice were a subpoena. The court may, in case of contumacy or refusal to obey the order issued by the commissioner, issue an order requiring the person to appear before the commissioner or to produce documentary evidence, if so ordered, or to give evidence touching the matter in question; and any failure to obey the order of the court may be punished by that court as a contempt upon itself. The investigation or hearing provided for in subsection (f) of this Code section may be made by or before a person designated by the commissioner to conduct the investigation or hearing in his behalf. Witnesses ordered to appear shall be paid the same fees and mileage as are paid witnesses in the superior courts of this state. The commissioner or his designated representative acting in his behalf is empowered to administer the necessary oath or affirmation to witnesses. (h) The state revenue commissioner may institute appropriate proceedings to secure compliance with this Code section,

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to correct improper administration of a charitable trust, and to invoke the jurisdiction of the court. (i) The powers and duties of the state revenue commissioner provided in this Code section are in addition to his existing powers and duties. Nothing in this Code section shall impair or restrict the jurisdiction of any court with respect to any of the matters covered by it, except that no court shall have jurisdiction to modify or terminate any charitable trust subject to this Code section unless the state revenue commissioner is a party to the proceedings. (j) This Code section shall not apply to any charitable trust which holds property for religious purposes or any agent, officer, director, trustee, or employee of any religious corporation sole or other religious corporation. Part 2 53-12-120. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-121, the articles of incorporation of any corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, shall be amended automatically as of the later of the date of incorporation or January 1, 1972, to provide that the corporation shall: (1) Not engage in any act of self-dealing, as defined in Section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code; (2) Not retain any excess business holdings, as defined in Section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code; (3) Not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code;

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(4) Not make any taxable expenditures, as defined in Section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the Internal Revenue Code; and (5) Distribute for the purpose specified in its articles of incorporation for each taxable year amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code. 53-12-121. Any corporation which is a private foundation, as defined in Section 509 of the Internal Revenue Code, may amend its articles of incorporation expressly to exclude the application of Code Section 53-12-120 or any portion thereof in the manner provided by Article 10 of Chapter 2 of Title 14 or Article 8 of Chapter 3 of Title 14, whichever is applicable. 53-12-122. Nothing contained in Code Sections 53-12-120 and 53-12-121 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment. 53-12-123. Nothing in Code Sections 53-12-120 and 53-12-121 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. 53-12-124. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(1) of the Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include provisions which prohibit the trustees of the trust from: (1) Engaging in any act of self-dealing, as defined in Section 4941(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the Internal Revenue Code;

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(2) Retaining any excess business holdings, as defined in Section 4943(c) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the Internal Revenue Code; (3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the Internal Revenue Code; and (4) Making any taxable expenditures, as defined in Section 4945(d) of the Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the Internal Revenue Code. However, in the case of a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, paragraphs (1) through (4) of this Code section shall apply only to the extent required by Section 4947 of the Internal Revenue Code. 53-12-125. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-126, the governing instrument of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, or which is a charitable trust, as defined in Section 4947(a)(1) of the Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include a provision which requires the trustees to distribute, for the purposes specified in the governing instrument, for each taxable year, amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code. 53-12-126. The trustees of any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, a charitable trust, as defined in Section 4947(a)(1) of the Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the Internal Revenue Code, may, without judicial proceedings, amend the governing instrument of the trust expressly to exclude the application of Code Sections 53-12-124, 53-12-125, or both, by executing a written amendment to the trust and filing a duplicate original of the amendment

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with the Attorney General of this state, whereupon the Code section or Code sections, as the case may be, shall not apply to the trust. 53-12-127. Nothing contained in Code Section 53-12-124, 53-12-125, or 53-12-126 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment. 53-12-128. Nothing in Code Sections 53-12-124 through 53-12-126 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust. 53-12-129. (a) With respect to any trust which is a private foundation, as defined in Section 509 of the Internal Revenue Code, or a charitable trust, as defined in Section 4947(a)(1) of the Internal Revenue Code, the governing instrument of which permits distributions to the extent of the net income of the trust each year but does not permit distributions from trust principal, the trustees of the trust may elect, without judicial proceedings and notwithstanding any provision to the contrary contained in the governing instrument of the trust, to distribute in any year, for the purposes specified in the governing instrument, that amount from the principal of the trust which, when added to the income of the trust available for distribution during such year, will enable the trust to avoid any liability for the tax imposed by Section 4942 of the Internal Revenue Code, by filing a written election, which may be a continuing one, with the Attorney General of this state to have this Code section and Code Sections 53-12-130 and 53-12-131 apply to the trust. A distribution from trust principal pursuant to the election shall only be in the form of cash or securities which are either listed or admitted to unlisted trading privileges upon any stock exchange or are quoted regularly in any newspaper or newspapers having a general circulation in this state. (b) Any election made under subsection (a) of this Code section may be revoked at any time by filing written notice of revocation with the Attorney General of this state. 53-12-130. With respect to property held by a corporation which is a private foundation, as defined in Section 509 of the

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Internal Revenue Code, and which is subject to conditions which permit distributions to the extent of the net income of the property each year but do not permit distributions of the property or any part thereof itself, the directors of the corporation may elect to distribute so much of the property as may be necessary to enable the corporation to avoid liability for any tax imposed by Section 4942 of the Internal Revenue Code in the same manner as if the corporation were a trust described in Code Section 53-12-129 and the property were the only property held in the trust and as if the directors were the trustees of the trust. 53-12-131. In any case where the trustees of a trust have elected to come under Code Section 53-12-129 or 53-12-130 and have distributed property in kind from the trust in satisfaction of the distribution requirements of Section 4942 of the Internal Revenue Code, the trustees shall be allowed such commission as would be allowed if the property had been sold for a price equal to its fair market value at the date of distribution and the proceeds had been distributed instead. 53-12-132. Nothing contained in Code Section 53-12-129, 53-12-130, or 53-12-131 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of the trust impossible of accomplishment. 53-12-133. Nothing in Code Section 53-12-129, 53-12-130, or 53-12-131 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust or corporation. ARTICLE 7 53-12-150. A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. A power to revoke will be deemed to include a power to modify and an unrestricted power to modify will be deemed to include a power to revoke. Any revocation or modification of an express trust must be in writing.

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53-12-151. In exercising a power to modify the terms of a trust, the settlor may not enlarge the duties of the trustee without the trustee's express consent. 53-12-152. (a) If upon petition of the trustee, personal representative of the decedent's estate, or any beneficiary, the court having jurisdiction over a trust, regardless of any spendthrift or similar protective provisions, finds that: (1) The costs of administration of the 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 purposes 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 the grantor, donor, or settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purpose of the trust, the court, after due notice to all persons then having an interest in the trust, may order distribution of the trust property. The order shall specify the appropriate share of each beneficiary who is to share in the proceeds of the trust, taking into account the interest of any income beneficiaries and remainder beneficiaries, 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. (b) Upon petition by a trustee, beneficiary, or any party in interest for good cause shown, the court, after conducting a hearing with notice to all parties in interest, in such manner as the court may direct, may divide a trust into two or more single

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trusts or consolidate two or more trusts into a single trust, upon such terms and conditions as it deems appropriate. The court shall not approve any such consolidation or division unless such consolidation or division: (1) Is not inconsistent with the intent of the grantor, donor, settlor, or testator with regard to any trust to be consolidated or divided; (2) Would facilitate administration of the trust or trusts; and (3) Would be in the best interest of all beneficiaries, and not materially impair their respective interests. (c) Subsection (b) of this Code section shall apply to any trust created by the same or different instruments or by the same or different persons. (d) Subsections (a) and (b) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing instrument to divide or consolidate trusts. 53-12-153. The court may direct or permit a trustee to modify the terms of a trust if it is established by clear and convincing evidence that, owing to circumstances not known to or anticipated by the settlor, compliance would defeat or substantially impair the accomplishment of the purposes of the trust. ARTICLE 8 53-12-170. (a) The settlor may appoint trustees, or grant that power to others, including trust beneficiaries. (b) If the trust instrument names a person to fill a vacancy or provides a method of appointing a trustee, any vacancy shall be filled or appointment made as provided in the trust instrument. (c) In all other cases, the court, on petition of an interested person, may appoint any number of trustees consistent

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with the intention of the settlor and the interests of the beneficiaries. (d) The petition provided for in subsection (c) of this Code section shall be served upon all income beneficiaries and upon all beneficiaries holding vested remainder interests; provided, however, that the court in its discretion may order service of the petition upon a majority of the income beneficiaries and a majority of the beneficiaries holding vested remainder interests, if it appears to the court that it will be to the advantage of the trust not to require full service upon all beneficiaries; and provided, further, that the court shall have discretion to order any other or additional service that the circumstances require. (e) A trustee appointed as a successor trustee shall have all the authority of the original trustee. 53-12-171. The acceptance of a trust is necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee may not disclaim the trusteeship. 53-12-172. Unless the trust instrument provides otherwise, the authority of cotrustees to act on behalf of the trust shall be as follows: (1) A power vested in two or more trustees may only be exercised by their unanimous action. (2) If a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act unless and until the vacancy is filled. (3) While a cotrustee is unable to act because of inaccessibility, illness, or other incapacity, the remaining cotrustee or cotrustees may act as if they were the only trustees when necessary to accomplish the purposes of the trust. 53-12-173. (a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement. The agreement shall be between the trustee and the

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settlor, or after the settlor's death or incapacity or while the trust is irrevocable, and subsequent to any original fee agreement entered into by the settlor and the trustee, the trustee and a majority in number of both of the sui juris income and vested remainder beneficiaries, executed in writing at such time or times as changes, if any, occur. (b) If the trustee's compensation is not specified in the trust instrument or any separate written agreement, the trustee, for services rendered, shall be entitled to the same compensation as guardians receive for similar services. The trustee's compensation may be paid from time to time as the fees are earned, except that the fees for delivery of property in kind, when specifically approved by the judge of the probate court, may be paid in advance of actual distribution when the judge of the probate court shall determine that this is equitable and that the condition of the estate permits it. (c) Unless the trust instrument or the agreement provides otherwise: (1) Compensation among cotrustees shall be apportioned as they shall agree or according to the services rendered by each; (2) Compensation among successive trustees shall be apportioned according to the proportion of time each rendered services during the year, and shall not include any amount for transferring the trust property or responsibility for it from one trustee to a successor. 53-12-174. (a) A trustee is not required to give a bond to secure performance of the trustee's duties unless: (1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of beneficiaries or creditors of the trust, even though the trust instrument waives the requirement of a bond. (b) Even though the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the

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amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. (c) The cost of the bond shall be charged against the trust. (d) If a bond is required, it must be payable to the court for the benefit of interested persons as their interests may appear and conditioned on faithful performance of the trustee's duties, and if imposed by a court, must be in an amount and with sureties and liabilities required by the court. (e) Failure to comply with this Code section shall not make void or voidable or otherwise affect an act or transaction of a trustee with any third party. 53-12-175. (a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; (2) Upon application to the court wherein is located either the major portion of the trust property or the residence of the trustee or the residence of one or more income beneficiaries of the trust, showing that the resignation has been requested in writing by all sui juris beneficiaries who are then entitled to receive income from the trust, and by a majority of the sui juris beneficiaries who hold vested remainder interests; or (3) Upon application to the court wherein is located either the major portion of the trust property or the residence of the trustee or the residence of one or more income beneficiaries of the trust, showing to the satisfaction of the court that: (A) The trustee is unable to continue serving as trustee due to age, illness, infirmity, or similar reason; (B) Greater burdens have devolved upon the office of trustee than those which were originally contemplated or should have been contemplated when the trust was accepted and the assumption of the additional burdens would work a hardship upon the trustee;

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(C) Disagreement exists between one or more of the beneficiaries of the trust and the trustee in respect to the trustee's management of the trust, which disagreement and conflict appears deleterious to the best interests of the trust; (D) The resignation of the trustee will result in or permit substantial financial benefit to the trust; (E) The resigning trustee is one of two or more acting trustees and the cotrustee or cotrustees will continue in office with no adversity to the trust contemplated; or (F) The resignation would not be disadvantageous to the trust. (b) The application to the court provided for in paragraph (3) of subsection (a) of this Code section shall be served upon all income beneficiaries and upon all beneficiaries holding vested remainder interests; provided, however, that the court in its discretion may order service of the petition upon a majority of the income beneficiaries and a majority of the beneficiaries holding vested remainder interests, if it appears to the court that it will be to the advantage of the trust not to require full service upon all beneficiaries; and provided, further, that the court shall have discretion to order any other or additional service that the circumstances require. (c) The resignation of a trustee shall not relieve the trustee from liability for any actions prior to the resignation except to the extent the trustee is relieved by the court in the resignation proceeding, or to the extent relieved by the trust instrument. (d) If the resignation would create a vacancy required to be filled, then the resignation shall not be effective until the successor accepts the trust. 53-12-176. (a) A trustee may be removed: (1) In accordance with the terms of the trust instrument; or

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(2) Upon application to the superior court by any interested person showing good cause. (b) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee or to a receiver or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended. ARTICLE 9 53-12-190. (a) The duties contained in this chapter are applicable except as otherwise provided in the trust instrument, and are in addition to and not in limitation of the common law duties of the trustee, except to the extent inconsistent therewith. (b) The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration. (1) On reasonable request by any beneficiary the trustee shall provide the beneficiary with a report of information, to the extent relevant to the beneficiary's interest, about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust, including the terms of the trust that describe or affect the beneficiary's interest; (2) The trustee shall account at least annually, at the termination of the trust, and upon a change of trustees, to each beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed currently, and to any person who may revoke the trust; at the termination of the trust, the trustee shall also account to each remainder beneficiary. In full satisfaction of this obligation, the trustee may deliver the accounting to the legal or natural guardian of any beneficiary who is under a legal disability;

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(3) An accounting furnished pursuant to paragraph (2) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting and a statement of the assets and liabilities of the trust as of the end of the accounting period; (4) The trustee is not required to report information or account to a beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver; (5) Nothing in this Code section shall affect the power of a court to require an accounting. (c) The trustee shall distribute all net income derived from the trust at least annually. 53-12-191. The trustee is accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. 53-12-192. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action: (1) To recover damages; (2) To compel the trustee to perform the trustee's duties; (3) To enjoin the trustee from committing a breach of trust; (4) To compel the trustee to redress a breach of trust by payment of money or otherwise; (5) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; (6) To remove the trustee; (7) To reduce or deny compensation of the trustee.

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(b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to the assets. A creditor of an estate may follow assets in the hands of legatees or distributees even if they were received without notice. (c) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-193. (a) A trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust including but not limited to: (1) Any loss or depreciation in value of the trust property as a result of the breach of trust with interest; (2) Any profit made by the trustee through the breach of trust with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred by the beneficiary in bringing an action on the breach or threat to commit a breach. (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of the following amounts: (1) The amount of interest that accrues at the legal rate on judgments; or (2) The amount of interest actually received. 53-12-194. (a) No provision in a trust instrument is effective to relieve the trustee of liability for breach of trust committed in bad faith or intentionally or with reckless indifference to the interest of the beneficiary or for liability for any profit which the trustee has derived from a breach of trust.

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(b) A trustee of a revocable trust is not liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. If the trust is revocable in part, then this paragraph applies with respect to the interest of the beneficiary in that part of the trust property. (c) Whenever an instrument containing a trust reserves unto the settlor or vests in an advisory or investment committee or in any other person or persons, including a cotrustee, to the exclusion of the trustee or to the exclusion of one or more of several trustees, authority to direct the making or retention of investments or of any investment, the excluded trustee or cotrustee shall be liable, if at all, only as a ministerial agent and shall not be liable as trustee or cotrustee for any loss resulting from the making or retention or any investment pursuant to the authorized direction. 53-12-195. (a) A successor trustee is liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only: (1) If the successor trustee knows or reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee and the successor trustee improperly permits it to continue; (2) If the successor trustee neglects to take reasonable steps to compel the predecessor to deliver the trust property to the successor trustee; or (3) If the successor trustee neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or reasonably should have known of the predecessor trustee's breach. (b) A trustee succeeding a trustee who was also the grantor is not liable to the beneficiary for any action taken or omitted to be taken by the prior trustee; nor does such successor trustee have a duty to institute any action against such prior trustee or to file any claim against such prior trustee's

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estate for any of the prior trustee's acts or omissions as trustee. This subsection applies only with respect to a trust or any portion of a trust that was revocable by the grantor during the time that the grantor served as trustee and committed the act or omission. 53-12-196. (a) A trustee is liable to the beneficiary for a breach committed by a cotrustee: (1) If the trustee participates in a breach of trust committed by the cotrustee; (2) If the trustee improperly delegates the administration of the trust to the cotrustee; (3) If the trustee approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee; (4) If the trustee negligently enables the cotrustee to commit a breach of trust; (5) If the trustee neglects to take reasonable steps to compel the cotrustees to redress a breach of trust in a case where the trustee knows or reasonably should have known of the breach of trust. (b) If two or more cotrustees are jointly liable to the beneficiary, each cotrustee is entitled to contribution from the other, as determined by the degree of their fault. 53-12-197. (a) A trustee may maintain an action against a cotrustee to: (1) Compel the cotrustee to perform duties required under the trust; (2) Enjoin the cotrustee from committing a breach of trust; or (3) Compel the cotrustee to redress a breach of trust committed by the cotrustee.

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(b) The provision of remedies for breach of trust does not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-198. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after receipt of the report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim. (b) A successor trustee's claim against a predecessor trustee is barred unless a proceeding to assert the claim is commenced within six years after the successor trustee takes office. (c) A trustee's claim against a cotrustee is barred unless a proceeding to assert the claim is commenced within six years after the date the cause of action against the cotrustee arises. (d) With respect to a claim which accrued prior to July 1, 1991, the claim is barred unless a proceeding to assert the claim is commenced either prior to the date the claim would have been barred had this Code section not been enacted or within six years from the date of enactment, whichever is sooner. 53-12-199. (a) No trustee shall be personally liable on any warranty made in any conveyance of property lawfully sold, unless the trustee expresses an intention to be personally bound by such covenant. (b) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in the trustee's fiduciary capacity unless the trustee fails to reveal the trustee's representative capacity in the contract.

Page 846

(c) A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary. ARTICLE 10 53-12-210. As used in this article, the term: (1) `Income beneficiary' means the person to whom income is presently payable or for whom it is accumulated for distribution as income. (2) `Inventory value' means the adjusted basis for federal income tax purposes at the time the property is acquired by the trustee. (3) `Remainder beneficiary' means the person entitled to principal, including income which has been accumulated and added to principal. 53-12-211. (a) A trust shall be administered with due regard to the respective interests of income beneficiaries and remainder beneficiaries. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each: (1) In accordance with the terms of the trust notwithstanding contrary provisions of this chapter; (2) In the absence of any contrary terms of the trust in accordance with the provisions of this chapter; or (3) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of: (A) The interests of income beneficiaries as well as of remainder beneficiaries; and (B) The manner in which a prudent person acting in a like capacity would act in the management of the property of another.

Page 847

(b) If the trust gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal or partly to each, no inference that the trustee has improperly exercised such discretion shall arise from the fact that the trustee has made an allocation contrary to a subsequent provision of this chapter. 53-12-212. (a) Income is the return in money or property derived from the use of principal, including but not limited to return received as: (1) Rent of real or personal property, including sums received for cancellation or renewal of a lease; (2) Interest on money lent, including sums received as consideration for the privilege of prepayment of principal except as provided in Code Section 53-12-215 on bond premium and bond discount; (3) Income earned during administration of a decedent's estate; (4) Corporate distributions as provided in Code Section 53-12-214; (5) Accrued increment on bonds or other obligations issued at discount as provided in Code Section 53-12-215; (6) Receipts from business and farming operations as provided in Code Section 53-12-216; or (7) Receipts from property subject to depletion and timber as provided in Code Sections 53-12-217 and 53-12-218. (b) Principal is the property which has been set aside by the owner or the person legally empowered so that it is held in trust eventually to be delivered to a remainder beneficiary while the return or use of the principal is in the meantime taken or received by or held for accumulation for an income beneficiary. Principal includes, but is not limited to:

Page 848

(1) Consideration received by the trustee on the sale or other transfer of principal or on repayment of a loan or as a refund or replacement or change in the form of principal; (2) Proceeds of property taken on eminent domain proceedings; (3) Proceeds of insurance upon property forming part of the principal except proceeds of insurance upon a separate interest of an income beneficiary; (4) Stock dividends, receipts on liquidation of a corporation, and other corporate distributions as provided in Code Section 53-12-214; (5) Receipts from the disposition of corporate securities as provided in Code Section 53-12-215; (6) Receipts from property subject to depletion and timber as provided in Code Sections 53-12-217 and 53-12-218; (7) Any profit resulting from any change in the form of principal; (8) Any allowances for depreciation established under Code Section 53-12-216 and paragraph (2) of subsection (a) of Code Section 53-12-219. 53-12-213. (a) An income beneficiary is entitled to income from the date specified in the trust or, if none is specified, from the date an asset becomes subject to the trust. In the case of an asset becoming subject to a trust by reason of a will, it becomes subject to the trust as of the date of the death of the testator even though there is an intervening period of administration of the testator's estate. (b) In the administration of a decedent's estate or an asset becoming subject to a trust by reason of a will: (1) Receipts due but not paid at the date of death of the testator are principal;

Page 849

(2) Receipts in the form of periodic payments, other than corporate distributions to stockholders, including rent, interest, or annuities, not due at the date of the death of the testator shall be treated as accruing from day to day. That portion of the receipt accruing before the date of death is principal, and the balance of the receipt is income. (c) In all other cases, any receipt from an income-producing asset is income even though the receipt was earned or accrued in whole or in part before the date when the asset became subject to the trust. (d) On termination of an income interest, the income beneficiary whose interest is terminated, or his estate, is entitled to: (1) Income undistributed on the date of termination; (2) Income due but not paid to the trustee on the date of termination; and (3) Income in the form of periodic payments, other than corporate distribution to stockholders, including rent, interest, or annuities, not due on the date of termination, accrued from day to day. (e) Corporate distributions to stockholders shall be treated as due on the day fixed by the corporation for determination of stockholders of record entitled to distribution or, if no date is fixed, on the date of declaration of the distribution by the corporation. 53-12-214. (a) Corporate distributions of shares of the distributing corporation, including distributions in the form of a stock split or stock dividend, are principal. A right to subscribe to shares or other securities issued by the distributing corporation accruing to stockholders on account of their stock ownership and the proceeds of any sale of the right are principal. (b) Except to the extent that the corporation indicates that some part of a corporate distribution is a settlement of preferred or guaranteed dividends accrued since the trustee

Page 850

became a stockholder or is in lieu of an ordinary cash dividend, a corporate distribution is principal if the distribution is pursuant to: (1) A call of shares; (2) A merger, consolidation, reorganization, or other plan by which assets of the corporation are acquired by another corporation; (3) A total or partial liquidation of the corporation, including any distribution which the corporation indicates is a distribution in total or partial liquidation; or (4) Any distribution of assets, other than cash, pursuant to a court decree or final administrative order by a government agency ordering distribution of the particular assets. (c) In the case of a regulated investment company or a trust qualifying and electing to be taxed under federal law as a real estate investment trust: (1) Distributions made from ordinary income are income; and (2) All other distributions, including distributions from capital gains, depreciation, or depletion, whether made in the form of cash, an option to take new stock or cash, or an option to purchase additional shares, are principal. (d) Except as provided in subsections (a), (b), and (c) of this Code section, all corporate distributions are income, including cash dividends, distributions of or rights to subscribe to shares or securities or obligations of corporations other than the distributing corporation, and the proceeds of the rights or property distributions. Except as provided in subsections (b) and (c) of this Code section, if the distributing corporation gives a stockholder an option to receive a distribution either in cash or in its own shares, the distribution chosen is income.

Page 851

(e) The trustee may rely upon any statement of the distributing corporation as to any fact relevant under any provision of this article concerning the source or character of dividends or distributions of corporate assets. 53-12-215. (a) Bonds or other obligations for the payment of money are principal at their inventory value, except as provided in subsection (b) of this Code section for discount bonds. No provision shall be made for amortization of bond premiums or for accumulation for discount. The proceeds of sale, redemption, or other disposition of the bonds or obligations are principal. (b) The increment in value of a bond or other obligation for the payment of money payable at a future time in accordance with a fixed schedule of appreciation in excess of the price at which it was issued is distributable as income. The increment in value is distributable to the beneficiary who was the income beneficiary at the time of increment from the first principal cash available or, if none is available, when realized by sale, redemption, or other disposition. Whenever unrealized increment is distributed as income but out of principal, the principal shall be reimbursed for the increment when realized. 53-12-216. If a trustee uses any part of the principal in the operation of a business, including an agricultural or farming operation, the net profits and losses of the business shall be computed in accordance with recognized methods of accounting for a comparable business. Net profits from a business are income. If a loss results in any fiscal or calendar year, the loss falls on principal and shall not be carried into any other fiscal or calendar year for purposes of calculating net income. 53-12-217. (a) If any part of the principal consists of a right to receive royalties, overriding or limited royalties, working interests, production payments, net profit interests, or other interests in minerals or other natural resources in, on or under land, regardless of whether any natural resource was being taken from the land at the time the trust was established, the receipts from taking the natural resources from the land shall be allocated to principal. If any part of the principal consists of property subject to depletion, including leaseholds, patents, copyrights, royalty rights, and rights to receive payments

Page 852

on a contract for deferred compensation, but excluding interests in minerals or other natural resources as described above, and in timber or in land from which merchantable timber may be removed, the trustee shall determine the value and the useful life of the property as of the beginning of each annual accounting period. Receipts shall be allocated to principal to amortize that value; the balance of the receipts shall be allocated to income. (b) A trustee that, on July 1, 1991, held an item of depletable property of a type specified in this Code section may allocate receipts from the property in the manner used before July 1, 1991, but as to all depletable property acquired after July 1, 1991, by an existing or new trust, the method of allocation provided in this article shall be used. 53-12-218. If any part of the principal consists of land from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with paragraph (3) of subsection (a) of Code Section 53-12-211. 53-12-219. (a) The following charges shall be made against income: (1) Ordinary expenses incurred in connection with the administration, management, or preservation of the trust property, including regularly recurring taxes assessed against any portion of the principal, premiums on insurance taken upon the interests of the income beneficiary, remainder beneficiary, or trustee, interest paid by the trustee, and ordinary repairs; (2) A reasonable allowance for depreciation on property subject to depreciation under generally accepted accounting principles, but no allowance shall be made for depreciation of that portion of any real property used by a beneficiary as a residence; the trustee may exercise discretion in determining whether to take an allowance for depreciation of any property held by the trustee on July 1, 1991, for which the trustee is not then making an allowance for depreciation;

Page 853

(3) One-half of court costs, attorney's fees, and other fees on periodic judicial accounting, unless the court directs otherwise; (4) Court costs, attorney's fees, and other fees on other accountings or judicial proceedings if the matter primarily concerns the income interest, unless the court directs otherwise; (5) One-half of the trustee's regular periodic compensation, whether based on a percentage of principal or income, and all expenses incurred for current management of principal and application of income; (6) Any tax payable by the trustee levied upon receipts defined as income under this chapter or the trust. (b) If charges against income are of unusual amount, the trustee may by means of reserves or other reasonable means charge them over a reasonable period of time and withhold from distribution sufficient sums to regularize distributions. (c) All other charges shall be made against principal. (d) Regularly recurring charges payable from income shall be apportioned to the same extent and in the same manner that income is apportioned under Code Section 53-12-213. (e) Expenses incurred in connection with the settlement of a decedent's estate, including interest and penalties concerning taxes, fees of attorneys and personal representatives, and court costs, may be charged against the principal or income at the discretion of the personal representative. ARTICLE 11 53-12-230. As used in this article, the term `fiduciary' means the one or more executors of the estate of a decedent or the one or more trustees of a testamentary or inter vivos trust estate, whichever in a particular case is appropriate. 53-12-231. (a) By an expressed intention of the testator or settlor contained in a will or in an instrument in writing

Page 854

whereby a trust estate is created inter vivos, any or all of the powers or any portion thereof enumerated in this article, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the instrument. (b) Incorporation of one or more of the powers contained in this article, by reference to the appropriate portion of Code Section 53-12-232, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary. (c) The incorporation of fiduciary powers by reference to versions of Code Section 53-12-232 as it existed prior to November 1, 1982, shall be deemed appropriate for wills or other instruments signed prior to such date. 53-12-232. The following powers may be incorporated by reference, as provided by this article: (1) To retain for such time as the fiduciary shall deem advisable any property, real or personal, which the fiduciary may receive even though the retention of the property by reason of its character, amount, proportion to the total estate, or otherwise would not be appropriate for the fiduciary apart from this paragraph; (2) To sell, exchange, give options upon, partition, or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, with or without order of court, at public or private sale or otherwise, upon such terms and conditions, including credit, and for such consideration as the fiduciary shall deem advisable, and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust; the party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received by the fiduciary from the sale or exchange;

Page 855

(3) To invest and reinvest, as the fiduciary shall deem advisable, in common or preferred stocks, bonds, debentures, notes, mortgages, or other securities, in or outside the United States; in insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest or in annuity contracts for any beneficiary; in any real or personal property; in investment trusts; in participations in common trust funds; and, generally, in such property as the fiduciary shall deem advisable even though the investment is not of the character approved by applicable law but for this paragraph; (4) To make investments which cause a greater proportion of the total property held by the fiduciary to be invested in investments of one type or of one company than would be considered appropriate for the fiduciary apart from this paragraph; (5) To the extent and upon such terms and conditions and for such periods of time as the fiduciary shall deem necessary or advisable, to continue or participate in the operation of any business or other enterprise, whatever its form or organization, including, but not limited to, the power: (A) To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; (B) To dispose of any interest therein or acquire the interest of others therein; (C) To contribute or invest additional capital thereto or to lend money thereto in any such case upon such terms and conditions as the fiduciary shall approve from time to time; and (D) To determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate or trust set aside for use in the business or to the estate or trust as a whole. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it shall not be necessary

Page 856

to itemize receipts, disbursements, and distributions of property, but it shall be sufficient for the fiduciary to show in the account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments made to the business in lump sum without itemization; (6) To form a corporation or other entity and to transfer, assign, and convey to the corporation or entity all or any part of the estate or of any trust property in exchange for the stock, securities, or obligations of any such corporation or entity, and to continue to hold the stock and securities and obligations; (7) To continue any farming operation received by the fiduciary pursuant to the will or other instrument and to do any and all things deemed advisable by the fiduciary in the management and maintenance of the farm and the production and marketing of crops and dairy, poultry, livestock, orchard, and forest products, including, but not limited to, the following powers: (A) To operate the farm with hired labor, tenants, or sharecroppers; (B) To lease or rent the farm for cash or for a share of the crops; (C) To purchase or otherwise acquire farm machinery, equipment, and livestock; (D) To construct, repair, and improve farm buildings of all kinds needed, in the fiduciary's judgment, for the operation of the farm; (E) To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes, such as for production, harvesting, or marketing; or for the construction, repair, or improvement of farm buildings; or for the purchase of farm machinery, equipment, or livestock;

Page 857

(F) To employ approved soil conservation practices, in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) To protect, manage, and improve the timber and forest on the farm and to sell the timber and forest products when it is to the best interest of the estate; (H) To ditch, dam, and drain damp or wet fields and areas of the farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy products and to construct such fences and buildings and to plant pastures and crops as may be necessary to carry on such operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming operation; (8) To manage real property: (A) To improve, manage, protect, and subdivide any real property; (B) To dedicate, or withdraw from dedication, parks, streets, highways, or alleys; (C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this paragraph for the periods of time and upon the terms and conditions as to rates, maturities, and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber the property or part thereof, whether in possession or reversion; (E) To lease the property or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or

Page 858

periods may extend beyond the duration of the trust or of the administration of the estate involved; (F) To make gravel, sand, oil, gas, and other mineral leases, contracts, licenses, conveyances, or grants of every nature and kind which are lawful in the jurisdiction in which the property lies; (G) To manage and improve timber and forests on the property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; (H) To modify, renew, or extend leases; (I) To employ agents to rent and collect rents; (J) To create easements and to release, convey, or assign any right, title, or interest with respect to any easement on the property or part thereof; (K) To erect, repair, or renovate any building or other improvement on the property and to remove or demolish any building or other improvement in whole or in part; and (L) To deal with the property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with the property either in the same or in different ways from those specified elsewhere in this paragraph; (9) To pay taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration, and protection of the trust or estate; (10) To receive additional property from any source and to administer the additional property as a portion of the appropriate trust or estate under the management of the fiduciary, provided that the fiduciary shall not be required to receive the property without the fiduciary's consent;

Page 859

(11) In dealing with one or more fiduciaries: (A) To sell real or personal property to or to exchange such property with the trustee of any trust which the decedent or the settlor or his spouse or any child of his shall have created for such estates and upon such terms and conditions as to sale price, terms of payment, and security as shall seem advisable to the fiduciary; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and (B) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as the fiduciary shall deem advisable from any trust created by the decedent, his spouse, or any child of his, for the purpose of paying debts of the decedent, taxes, the costs of the administration of the estate, and like charges against the estate or any part thereof or of discharging any other liabilities of the trust or estate and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans and to renew the loans; (12) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable, including the power of a corporate fiduciary to borrow from its own banking department, for the purpose of paying debts, taxes, or other charges against the estate or any trust or any part thereof, and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser; (13) To make loans or advances for the benefit or the protection of the trust or estate; (14) To vote shares of stock owned by the estate or any trust at stockholders' meetings, in person or by special, limited, or general proxy, with or without power of substitution;

Page 860

(15) To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship, so that title to the security may pass by delivery; but the fiduciary shall be liable for any act of the nominee in connection with the stock so held; (16) To exercise all options, rights, and privileges to convert stocks, bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold the stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the estate or trust so long as the fiduciary shall deem advisable; (17) To unite with other owners of property similar to any which may be held at any time in the decedent's estate or in any trusts, in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property or the incorporation or reincorporation, reorganization or readjustment of the capital or financial structure of any corporation, company, or association, the securities of which may form any portion of an estate or trust; to become and serve as a member of a stockholders' or bondholders' protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the distributees of an estate or the beneficiaries of any trust with reference to any such plan; and to receive as investments of an estate or any trust any securities issued as a result of the execution of such plan; (18) To reduce the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of an estate or trust; (19) To continue any obligation, whether secured or unsecured, upon and after maturity, with or without renewal or extension, upon such terms as the fiduciary shall deem advisable, without regard to the value of the security, if any, at the time of the continuance;

Page 861

(20) To foreclose, as an incident to the collection of any bond, note, or other obligation, any mortgage, deed of trust, or other lien securing the bond, note, or other obligation and to bid in the property at the foreclosure sale or to acquire the property by deed from the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure; (21) To carry such insurance coverage, including public liability, for such hazards and in such amounts, either in stock companies or in mutual companies, as the fiduciary shall deem advisable; (22) To collect, receive, and issue receipts for rents, issues, profits, and income of an estate or trust; (23) To compromise, adjust, arbitrate, bring or defend actions on, abandon, or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary shall deem advisable; the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries of the estate or trust and the person against or for whom the claim is asserted, in the absence of fraud by such persons, and, in the absence of fraud, bad faith, or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the estate or trust; (24) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the proper settlement of the estate or the administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of the agent or representative, provided he was selected and retained with due care on the part of the fiduciary; (25) To acquire, receive, hold, and retain undivided the principal of several trusts created by a single instrument until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account

Page 862

for the several shares or parts of shares by appropriate entries in the fiduciary's books of account and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that this paragraph shall not defer the vesting in possession of any share or part of share of the estate or trust; (26) To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received; (27) To make distribution of capital assets of the estate or trust in kind or in cash, or partially in kind and partially in cash, in divided or undivided interests, as the fiduciary finds to be most practicable and for the best interests of the distributees, and the fiduciary may distribute types of assets differently among the distributees; and to determine the value of capital assets for the purpose of making distribution thereof if and when there are more than one distributee thereof, which determination shall be binding upon the distributees unless clearly capricious, erroneous, and inequitable; (28) To make payments in money, or in property in lieu of money, to or for a minor or incompetent in any one or more of the following ways: (A) Directly to the minor or incompetent; (B) Directly in payment for the support; maintenance; education; and medical, surgical, hospital, or other institutional care of the minor or incompetent; (C) To the legal or natural guardian of the minor or incompetent; or (D) To any other person, whether or not appointed guardian of the person by any court, who shall, in fact, have the care and custody of the person of the minor or incompetent.

Page 863

The fiduciary shall not be under any duty to see to the application of the payments so made if the fiduciary exercised due care in the selection of the person, including the minor or incompetent, to whom the payments were made; and the receipt of the person shall be full acquittance to the fiduciary; (29) To determine: (A) What is principal and what is income of any estate or trust and to allocate or apportion receipts and expenses, as between principal and income, in the exercise of the fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's discretion, to charge premiums on securities purchased at a premium against principal or income or partly against each; (B) Whether to apply stock dividends and other noncash dividends to income or principal or to apportion them as the fiduciary shall deem advisable; and (C) What expenses, costs, and taxes, other than estate, inheritance, and succession taxes and other governmental charges, shall be charged against principal or income or apportioned between principal and income and in what proportions; (30) To make contracts and to execute instruments, under seal or otherwise, as may be necessary in the exercise of the powers granted in this Code section; (31) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements; and (32) 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

Page 864

5 of Title 44, known as `The Georgia Transfers to Minors Act.' 53-12-233. The enumeration in this article of any power or authority of a fiduciary shall not create a presumption or raise an inference that the power or authority is not otherwise held by or granted by law to the fiduciary. 53-12-234. The beneficiaries of a trust executed after July 1, 1991, which omits any of the powers in Code Section 53-15-3 may, unless the trust expressly prohibits it, by unanimous consent authorize but not require the court to grant to the trustee those powers. With respect to any beneficiary 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, or if none, by either parent in the case of a minor or a majority in interest of the beneficiaries 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 trustee. The grant of any such powers may only be ordered after due notice of any such proceeding has been given to all persons then having an interest in the trust, and in the absence of any objection having been filed. ARTICLE 12 53-12-250. Trustees are authorized, out of the income of the estate, to pay all debts incurred for its protection and preservation and to appropriate a sufficiency of the balance for the support and maintenance of the beneficiaries of the trust. They may not encroach upon the corpus of the estate, except by order of the superior court. 53-12-251. Trustees may make contracts for labor or service for the benefit of the estates of their beneficiaries, upon such terms as they deem best. All such contracts, made in good faith, shall be a charge upon and bind the estates whenever the same are approved by the judge of the probate court of the county. 53-12-252. As used in Code Sections 53-12-253 through 53-12-257, the term:

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(1) `Trust' includes the estate held by an executor, administrator, guardian, or trustee. (2) `Trustee' includes an executor, administrator, guardian, or trustee. 53-12-253. When the assets of a trust include an interest in real property, the trustee may apply to the superior court for an order authorizing him to lease the real property or a part thereof for a term of years which may or will continue beyond the termination of the trust; and the superior court in the execution of the protective powers of equity over trust estates and the estates of wards of equity shall have power and jurisdiction to pass an order authorizing the execution of such a lease. 53-12-254. Notice of all applications made pursuant to Code Section 53-12-253 shall be given to all of the living beneficiaries of the trust in such manner as may be ordered by the court. If minors are interested and they have no guardians, guardians ad litem shall be appointed and notified before the case proceeds. 53-12-255. It shall be the duty of the superior court to hear evidence that may be tendered by the trustee. If the court is satisfied from the proceedings that the lease to be authorized is expedient, the court shall pass an order authorizing the trustee to execute the lease, subject however to such terms as the court shall deem proper and necessary to protect the value of the trust estate. 53-12-256. A lease, the execution of which has been approved by an order of the superior court on an application made pursuant to Code Section 53-12-253, shall be binding upon all beneficiaries of the trust in life and all beneficiaries of the trust who may thereafter be born for the full term of the lease despite the fact that the term of the lease continues beyond the termination of the trust. 53-12-257. A trustee, unless expressly authorized by the instrument creating the trust, shall have no authority to sell or convey the corpus of the trust estate. Such sales shall be by virtue of an order of the superior court, upon a regular application

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to the court. The application shall be made on full notice to all parties in interest. 53-12-258. Where a trust deed or other instrument limits an estate in fee, for life, or with remainders over and in the same conveyance a power to sell, encumber, or otherwise dispose of the property is reserved or created, the power shall be construed to extend to a sale, encumbrance, or disposition of the fee unless the power is expressly or by necessary implication limited to a smaller estate. 53-12-259. Sales by trustees, unless otherwise provided in the order of the court authorizing a sale, shall be made under the same rules and restriction as are provided for sales by administrators of estates. 53-12-260. (a) In all cases where a judge by order or by decree based on the verdict of a jury allows any trust property to be sold, it shall be the duty of the court or judge signing the order to require the trustee, within 60 days from the date of the order, to file and have recorded in the office of the clerk of the superior court of the county having jurisdiction of the trust property a written report, on oath, of his actions under the order, furnishing the following information: (1) The name of the purchaser of the property; (2) The price at which the property was sold; (3) A description of the property in which the proceeds have been reinvested, the price paid therefor, and the name of the person from whom the same was bought; and (4) If the proceeds have not been reinvested, the reason therefor. (b) If the proceeds have been reinvested, the judge shall pass such order, as to him shall seem best, confirming the same or ordering a new investment. If the proceeds have not been reinvested, the judge shall issue such order as shall be necessary and shall require the trustee to report within 60 days from the order, as required in subsection (a) of this Code section.

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53-12-261. If any trustee making a sale as provided in Code Section 53-12-260 fails, neglects, or refuses to make the report and reinvestment provided for in such Code section, the judge shall cause a rule to be issued against the trustee making the sale, returnable at a time stated therein. Upon the hearing thereof, the court shall compel the trustee to reinvest the funds, under the direction of the court, upon pain of being attached for contempt and committed until the same is done. 53-12-262. Purchasers shall not be required to see to a reinvestment of any proceeds of sales made pursuant to Code Section 53-12-260. However, guardians ad litem and all other parties to the proceedings in which leave to sell has been granted who are sui juris shall be bound to see that the reinvestment and report are made. Upon the failure of the trustee to reinvest and report, the persons shall be bound to have the failure to obey the order of the court called to the attention of the court for its action. 53-12-263. All persons acting in a fiduciary capacity are authorized to compromise all debts, the collection of which are doubtful, belonging to their estates when such settlements will advance the interests of those represented, provided the judge of the probate court shall first make an order directing the compromise. All persons acting under this Code section, on making their returns, shall make oath that the settlements made were in good faith and to the best interests of the parties thus represented. 53-12-264. Trustees are not authorized to create any liens upon the trust estate except such as are given by law. ARTICLE 13 53-12-280. Any trustee holding trust funds may invest the same in bonds or other securities issued by this state, making a true return of the price paid and time of purchase. The investment shall be free from taxation as long as they are held for the trust estate. Trustees are also authorized to invest trust funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of agencies of the United States government issued by the Federal Land Bank, Federal

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Home Loan Bank, Federal Intermediate Credit Bank, and Central Bank for Cooperatives. No person, firm, corporation, or association shall be liable to account for a greater rate of interest than the amount actually received on the investment. Any other investments of trust funds shall be made under an order of the superior court or shall be at the risk of the trustee. Deposits of funds at interest in any chartered state or national bank or trust company located in this state and insured by the Federal Deposit Insurance Corporation shall be deemed investments; and the deposits are authorized as legal investments, to the extent that the deposits are insured by the Federal Deposit Insurance Corporation, without any order or authority from any court. 53-12-281. Trustees may invest trust funds in bonds and other securities issued by this state bearing a lower rate of interest than 7 percent per annum and shall, in the settlement of their accounts on the funds so invested, be chargeable with no greater interest than that received from the state; provided, however, that the trustee shall, within 30 days after the investment, make a return to the judge of the probate court of the amount and character of the bonds purchased and the price paid. 53-12-282. (a) Trustees are authorized to invest trust funds in any bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds, upon the same terms and conditions as they are authorized to invest trust funds in state bonds and securities. (b) Trustees are authorized to invest trust funds in any bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36, upon the same terms and conditions as they are authorized to invest trust funds in state, county, and municipal bonds and securities. 53-12-283. Trustees are authorized to invest any funds held by them as such trustees in real property, provided that an

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order to that effect shall first be obtained from the judge of the superior court. 53-12-284. In addition to all other investments which executors, administrators, guardians, trustees, custodians, and other like fiduciaries holding trust funds are authorized by statute to make, they may also invest trust funds held by them in real property loans: (1) Which are not in default; (2) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (3) Which are insured pursuant to the National Housing Act; and (4) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States. 53-12-285. Loans guaranteed by the Small Business Administration, but only the guaranteed portion of any loan transferable to secondary investors by the Small Business Administration under a secondary participation agreement, shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations. 53-12-286. Farm loan bonds issued by federal land banks or joint-stock land banks under an act of Congress approved July 17, 1916, known as the Federal Farm Loan Act, and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971 (Public Law 92-181) shall be lawful investments for savings bank deposits, for all fiduciary and trust funds, and for the funds of insurance companies and savings and loan associations. The farm loan bonds shall be accepted as security for all public deposits on the same terms as any bonds for which the faith of the United States is pledged.

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ARTICLE 14 53-12-300. Whenever a bank or trust company is duly authorized to act and is acting as a fiduciary, which term shall include an executor, administrator, trustee, or guardian, and has a nominee or nominees in whose name securities, including, without limitation, bonds, stocks, notes, and other evidences of title to intangible personal property, held as a fiduciary, may be registered, it shall be lawful to register securities in the name of the nominee or nominees without mention of the fiduciary relationship in the instrument evidencing the securities or on the books of the issuer of the same, provided that: (1) The records of the corporate fiduciary shall at all times clearly show that the securities are held by the corporate fiduciary in its capacity as fiduciary, together with the beneficial owner or owners thereof and all facts relating to its ownership, possession, and holding thereof; and (2) The corporate fiduciary shall not be relieved of liability for the safe custody, control, and proper distribution of the securities by reason of the registration of same in the name of any nominee. 53-12-301. If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or any joint corporate fiduciary; and, in the event that more than one corporate fiduciary is acting, it shall be lawful to register securities in the name of any nominee of any one of the corporate fiduciaries. 53-12-302. (a) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of the securities in a clearing corporation, as defined in Article 8 of Title 11. When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk, in the name of the nominee of the clearing corporation, with any other such securities deposited in the clearing corporation by any person, regardless of the ownership of the securities, and certificates of small denominations may

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be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent, or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Title to the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. (b) A bank or trust company depositing securities pursuant to this Code section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking and finance and, in the case of national banking associations, the comptroller of the currency may from time to time issue. (c) A bank or trust company acting as custodian for a fiduciary, on demand by the fiduciary, shall certify in writing to the fiduciary the securities deposited by the bank or trust company in the clearing corporation for the account of the fiduciary. A fiduciary, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for the party, shall certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary. (d) This Code section shall apply to any fiduciary holding securities in its fiduciary capacity and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary acting on April 13, 1973, or acting thereafter, regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of the clearing corporation. ARTICLE 15 53-12-320. This article shall be known and may be cited as the `Uniform Act for Simplification of Fiduciary Security Transfers.' 53-12-321. As used in this article, the term:

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(1) `Assignment' includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. (2) `Claim of beneficial interest' includes a claim of any interest by a decedent's legatee, distributee, heir, or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. (3) `Corporation' means a private or public corporation, association, or trust issuing a security. (4) `Fiduciary' means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, or nominee. (5) `Person' includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (6) `Security' includes any share of stock, bond, debenture, note, or other security issued by a corporation which is regitered as to ownership on the books of the corporation. (7) `Transfer' means a change on the books of a corporation in the registered ownership of a security. (8) `Transfer agent' means a person employed or authorized by a corporation to transfer securities issued by the corporation. 53-12-322. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship,

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and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security. 53-12-323. Except as otherwise provided in this article, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary: (1) May assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties; (2) May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and (3) Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment even though the record or document is in its possession. 53-12-324. (a) A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency: (1) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or (2) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate.

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(b) Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under paragraph (2) of subsection (a) of this Code section, provided such standards are not manifestly unreasonable. (c) Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to paragraph (2) of subsection (a) of this Code section except to the extent that the contents relate directly to the appointment or incumbency. 53-12-325. (a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner, and the issue of which the security is a part, provides an address for communications directed to the claimant, and is received before the transfer. (b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order. (c) Nothing in this article relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is put on notice unless it proceeds in the manner authorized in subsection (b) of this Code section. 53-12-326. A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this article. 53-12-327. (a) No person who participates in the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary

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duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty. (b) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this article incurs no liability. (c) This Code section does not impose any liability upon the corporation or its transfer agent. 53-12-328. This article does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession, or other taxes imposed by the laws of this state. 53-12-329. (a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized. (b) This article applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction. 53-12-330. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ARTICLE 16 Part 1 53-12-350. Any trustee who resides outside this state and who has been regularly appointed as trustee in the state in

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which he resides may institute an action in any court in this state to enforce any right or to recover any property belonging to his beneficiary or accruing to the trustee as such. 53-12-351. Pending the action brought by a foreign trustee pursuant to Code Section 53-12-350, properly authenticated certified copies of the letters of appointment as trustee shall be filed with the clerk of the court, if the case is pending in a court of record, to become a part of the record or filed with the papers of the action in a summary proceeding. 53-12-352. No foreign trustee shall be personally liable by any warranty made in any conveyance of property lawfully sold unless the trustee distinctly expresses an intention in the conveyance to be personally bound by such covenant. 53-12-353. Any trustee who resides in any other state is authorized to sell and convey any trust property which is in this state under the rules prescribed for the sale and conveyance of real property by executors, administrators, guardians, or trustees of this state, provided that the foreign trustee shall file and have recorded in the office of the judge of the probate court or other proper office, at the time of making his application for sale, properly authenticated certified copies of his letters of appointment as trustee and shall also file with the judge of the probate court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the trusteeship, as required by law. 53-12-354. If any resident of this state is interested as creditor, heir, or legatee in the estate of which a foreign trustee is the representative, he may apply to the proper court to compel the foreign trustee to protect his interests, according to equity and good conscience, before the trustee removes the assets of the estate beyond the limits of this state. Part 2 53-12-370. Any foreign trustee of real property in this state who holds, administers, or in any manner exercises dominion over real property shall be deemed to have consented to service of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out

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of or based upon any act or failure to act on the part of the trustee upon the Secretary of State unless the trustee shall designate as the agent or agents for such service some person or persons who may be found and served with notice, summons, or process in this state by a designation or designations to be filed, from time to time, in the office of the Secretary of State, giving the names of the agent or agents and the place or places in this state where the agent or agents may be found and served. 53-12-371. If a foreign trustee of real property in this state fails to designate some person or persons who may be found and served with notice, summons, or process in this state, service of summons, notice, or process shall be made upon the trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The service shall be sufficient service upon the nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail by the plaintiff or his agent to the trustee, in the state where the trustee resides, and the return receipt and the affidavit of the plaintiff as to compliance with this Code section are appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him under this Code section. 53-12-372. (a) All actions brought against a nonresident trustee of real property in this state shall be brought in the county where the real property or some portion of the same is located. (b) In the event that the nonresident trustee has designated a person or persons to accept service and an action is brought in a county other than the one in which the person or persons designated by the trustee to accept service reside, service of the summons and process under this part may be perfected upon the trustee by a second original served upon the person or persons in any other county of this state. 53-12-373. All foreign trustees of real property in this state shall be subject to removal, to giving bond, and to direction

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by the superior court of any county in which the real property is located to the same extent as a resident trustee; and all of the applicable provisions of this article shall apply to nonresident trustees to the same extent as resident trustees. 53-12-374. It shall be unlawful for any nonresident trustee who has failed to comply with this part to exercise any control or dominion over any real property in this state or to handle or disburse any funds conditioned to the care, upkeep, or improvement of the real property. The trusteeship of any trustee who fails to comply with this part shall be deemed vacant and a new trustee shall be appointed as provided in Article 8 of this chapter. 53-12-375. This part shall not be construed to authorize any nonresident to act as trustee in this state if he could not lawfully so act prior to February 24, 1953. 53-12-376. This part is cumulative of any other law of this state on the same general subject. Part 3 53-12-390. As used in this part, the term `foreign corporation' means: (1) Any bank or other corporation organized or existing under the laws of any state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and (2) Any national banking association having its principal place of business in any state of the United States which borders upon this state, namely, Florida, Alabama, Tennessee, North Carolina, or South Carolina. 53-12-391. (a) Any foreign corporation, as defined in Code Section 53-12-390, may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign

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corporations to do business in this state or the licensing of foreign corporations to do business in this state, except as provided in this part, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that: (1) The foreign corporation is authorized to act in the fiduciary capacity or capacities in the state in which it is incorporated or, if the foreign corporation is a national banking association, in the state in which it has its principal place of business; and (2) Any bank or other corporation organized under the laws of this state or a national banking association having its principal place of business in this state is permitted by law to act in such fiduciary capacities in the state in which the foreign corporation seeking to act in this state is organized or in which it has its principal place of business, if it is a national banking association: (A) Without further showing or qualification other than that it is authorized to act in such fiduciary capacities in this state and upon compliance with the laws of the other state, if any, concerning service of process on nonresident fiduciaries; and (B) With no greater requirements made by the law of such state as a condition for permission for a corporation of this state so to act in the other state in such capacities than are required by this part as a condition for the foreign corporations to exercise such powers in this state. (b) The foreign corporations seeking to exercise fiduciary powers in this state, upon qualifying in this state to act in any of such fiduciary capacities, shall not be required by law to give bond, if bond is relieved by the instrument, law, or court order in which such corporation has been designated to act in such fiduciary capacity and if no bond would under such circumstances be required of a corporation of this state, provided that a corporation of this state or a national banking association having its principal place of business in this state shall not be required by the laws of the state where the corporation seeking

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to act in this state has been organized or in which its principal place of business is located, if it is a national banking association, to give bond in such other state, when relieved of the requirement by the instrument, law, or court order under which such corporation of this state has been designated to act as a condition for being permitted to act in such fiduciary capacity, in such other state, except where a bond might under similar circumstances be required of a corporation of the other state. (c) Nothing in this part shall be construed to prohibit or make unlawful any activity in this state by a bank or other corporation which is not incorporated under the laws of this state or by a national bank which does not have its principal place of business in this state, which activity would be lawful in the absence of this part. 53-12-392. A foreign corporation, insofar as it acts in a fiduciary capacity in this state pursuant to this part, shall not be deemed to be transacting business in this state; but no such foreign corporation shall establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary. 53-12-393. Prior to the time when any foreign corporation acts pursuant to the authority of this part in any fiduciary capacity or capacities in this state, the foreign corporation shall file with the Secretary of State a verified statement which shall state: (1) The correct corporate name of the foreign corporation; (2) The name of the state under the laws of which it is incorporated or, if the foreign corporation is a national banking association, a statement of that fact; (3) The address of its principal business office; (4) In what fiduciary capacity or capacities it desires to act in this state; and (5) That it is authorized to act in a similar fiduciary capacity or capacities in the state in which it is incorporated

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or, if it is a national banking association, in which it has its principal place of business. The statement shall irrevocably appoint the Secretary of State of this state as its true and lawful attorney to receive service of all legal process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation may act in this state in any such fiduciary capacity. The statement shall be verified by an officer of the foreign corporation, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign corporation is authorized to act in a fiduciary capacity or capacities similar to those in which it desires to act in this state, in the state in which it is incorporated or, if it is a national banking association, in which it has its principal place of business. 53-12-394. (a) Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this part shall be deemed to have appointed the Secretary of State to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate, or matter in respect of which the foreign corporation has acted in this state in any fiduciary capacity. Service of process shall be made by delivering two copies for each defendant of the summons or other process, with two copies of the petition or complaint, when service of such copies is required by law, accompanied by a fee of $10.00, to the Secretary of State or to any person in his office authorized by him to receive the service. The Secretary of State shall immediately forward the process, together with the copy of the petition or complaint, if any, to the foreign corporation, by registered or certified mail, addressed to it at the address on file with the Secretary of State or, if it is not on file, then at its last known address. The Secretary of State shall not accept any petition or other pleading for service under this Code section unless two copies thereof or one copy with 50 per page for photostating the other copy is filed in his office. (b) The Secretary of State shall keep a permanent record in his office showing, for all process served, the style of the action or proceeding, the court in which it was brought, the

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name and title of the officer serving the process, the day and hour of service, the day of mailing by registered or certified mail to the foreign corporation, and the address to which mailed. Section 2. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restriction on corporate fiduciaries, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) Nothing in this chapter shall be construed to repeal or to change Part 2 of Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects. Section 3. Article 1 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitation of actions in general, is amended by striking Code Section 9-3-4, relating to limitations as to trusts, in its entirety and inserting in lieu thereof the following: 9-3-4. Reserved. Section 4. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by striking Code Section 9-3-27, relating to actions against fiduciaries, in its entirety and inserting in lieu thereof the following: 9-3-27. All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues. Section 5. Code Section 11-10-105 of the Official Code of Georgia Annotated, relating to laws not repealed by the enactment of the Uniform Commercial Code, is amended by striking subsection (2) of said Code section and inserting in lieu thereof a new subsection (2) to read as follows: (2) This title does not repeal Article 15 of Chapter 12 of Title 53, and if in any respect there is any inconsistency between that chapter and the article of this title on investment

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securities (Article 8) the provision of the former chapter shall control. Section 6. Code Section 14-2-1109 of the Official Code of Georgia Annotated, relating to merger or share exchange with joint-stock or other unincorporated association or trust, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. Section 7. Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to the additional concurrent jurisdiction of the probate courts with superior courts, is amended by striking paragraphs (4), (5), and (6) of said Code section and inserting in lieu thereof new paragraphs (4), (5), and (6) to read as follows: (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12-170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; and (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Sections 53-12-175. Section 8. Code Section 48-13-55 of the Official Code of Georgia Annotated, relating to facility operated by charitable trust or functionally related business, is amended by striking subsection

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(d) of said Code section and inserting in lieu thereof a new subsection (d) to read as follows: (d) For purposes of this Code section, the term `charitable trust' means any trust or other entity covered by Article 6 of Chapter 12 of Title 53. 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. Section 9. Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates in general, is amended by striking Code Section 53-1-6, relating to powers of executor under a will, and inserting in lieu thereof a new Code Section 53-1-6 to read as follows: 53-1-6. An executor under a will executed after July 1, 1990, which omits any of the powers in Code Section 53-12-232 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 10. Code Section 53-6-26 of the Official Code of Georgia Annotated, relating to designation of county for application of letters of administration, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) As 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 53-12-232. 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,

Page 885

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, certain powers contained in Code Section 53-12-232 be granted. Section 11. Code Section 53-8-9 of the Official Code of Georgia Annotated, relating to securities of investment company or investment trust, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever an instrument or court order establishing a fiduciary relationship authorizes, permits, requires, or directs a corporate fiduciary with trust powers under Georgia law to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-12-280, such fiduciary may invest in and hold such obligations either directly or in the form of securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as: (1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and

Page 886

(3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. Section 12. This Act shall become effective on July 1, 1991. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. FORFEITURES PROPERTY USED IN ILLEGAL DRUG TRANSACTIONS. Code Sections 16-13-49, 16-13-30.1, and 16-12-100 Amended. No. 391 (House Bill No. 72). AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, so as to revise substantially the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforcement officers, sheriffs, and prosecuting attorneys; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or

Page 887

attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to correct cross-references; to amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, so as to correct a cross-reference; 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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, is amended by striking Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof a new Code Section 16-13-49 to read as follows: 16-13-49. (a) As used in this Code section, the term: (1) `Controlled substance' shall have the same meaning as provided in paragraph (4) of Code Section 16-13-21 and shall also include marijuana as such term is defined in paragraph (16) of Code Section 16-13-21, notwithstanding any other provisions of this article. (2) `Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (3) `Court costs' means, but is not limited to:

Page 888

(A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (4) `Enterprise' means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. (5) `Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof. (6) `Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (7) `Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (8) `Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (9) `Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency,

Page 889

instruments, securities, or any other kind of privilege, interest, claim, or right. (10) `United States' includes its territories, possessions, and dominions and the District of Columbia. (b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought: (A) In the case of an in rem action, by the district attorney for the judicial circuit where the property is located; (B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or (C) By the district attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. Such district attorney may bring an action pursuant to this Code section in any superior court of this state. (2) If more than one district attorney has jurisdiction to file an action pursuant to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district attorney. (3) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions. (c) An action for forfeiture brought pursuant to this Code section shall be tried: (1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;

Page 890

(2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or (3) If the action is in personam, as provided by law. (d) The following are declared to be contraband and no person shall have a property right in them: (1) All controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article; (2) All property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom; (3) All property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; (4) All weapons possessed, used, or available for use in any manner to facilitate a violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year; (5) Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; and

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(6) All moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder: (1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture:

Page 892

(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. A property interest shall not be subject to forfeiture under this Code section for a violation involving one gram of cocaine or less or four ounces of marijuana or less unless said property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (g) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly authorized agent or drug agent of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been

Page 893

the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. (2) Property which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the property is subject to forfeiture under this article or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with process or in a good faith belief of probable cause. (h) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 60 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (i) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the district attorney or the sheriff, drug agent, or law

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enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (j) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and

Page 895

(B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person; (3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a lien filed in accordance with this subsection; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for

Page 896

whom the person holds title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information: (A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the district attorney may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or district attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or district attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the district attorney in either proceeding or action. The property is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (l) (1) If property is seized under this article, the district attorney may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding;

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(B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the district attorney may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized.

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(n) If the estimated value of personal property seized is $25,000.00 or less, the district attorney may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged; (2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the district attorney by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property;

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(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought; (5) If a claim is filed, the district attorney shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided in subsection (u) of this Code section. (o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.

Page 900

(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or his deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer

Page 901

within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title. (p) In personam proceedings.

Page 902

(1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (0) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the `Georgia Civil Practice Act.'

Page 903

(5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. (7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (8) Except as provided in this subsection, no person claiming an interest in property subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property. (q) In conjunction with any civil or criminal action brought pursuant to this article: (1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the district attorney,

Page 904

without notice or an opportunity for a hearing, if the district attorney demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and (B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of

Page 905

whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the district attorney has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (r) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of

Page 906

this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; (2) The fact that money or a negotiable instrument was found in proximity to contraband or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and (3) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (t) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide

Page 907

purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture under subsection (e) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attorneys' fees. (u) (1) Whenever property is forfeited under this article, any property which is required by law to be destroyed or which is harmful to the public shall, when no longer needed for evidentiary purposes, be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for destruction or for any medical or scientific use not prohibited under the laws of the United States or this state. (2) When property, other than money, is forfeited under this article, the court may: (A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or (B) Provide for the in-kind distribution of the property as provided for in paragraph (4) of this subsection. (3) Where property is to be sold pursuant to this subsection, the court may direct that such property be sold by: (A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may

Page 908

establish a minimum acceptable price for such property; or (B) Any commercially feasible means, including, but not limited to, in the case of real property, listing such property with a licensed real estate broker, selected by the district attorney through competitive bids. (4) All money and property forfeited in the same forfeiture proceeding shall be pooled together for distribution as follows: (A) A fair market value shall be assigned to all items of property other than money in such pool; and a total value shall be established for the pool by adding together the fair market value of all such property in the pool and the amount of money in the pool; (B) All costs, including court costs, shall be paid and the remaining pool shall be distributed pro rata to the state and to local governments, according to the role which their law enforcement agencies played in the seizure of the assets; provided, however, that the amount distributed to the state shall not exceed 25 percent of the amount distributed; county governments are authorized upon request of the District Attorney to provide for payment of any and all necessary expenses for the operation of the office from the said forfeiture pool up to 10% of the amount distributed, in addition to any other expenses paid by the county to the District Attorney's office. (C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval; and (D) (i) Property and money distributed to a local government shall be passed through to the local law enforcement agency until the sum equals 33[prime] percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed.

Page 909

Proceeds received may be used for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (ii) The local governing authority shall expend any remaining proceeds for any law enforcement purpose; for the representation of indigents in criminal cases; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as matching funds for grant programs related to drug treatment or prevention; to fund victim-witness assistance programs; or for any combination of the foregoing. (iii) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof. (iv) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly that the same be used, subject to appropriation from the general fund in the manner provided by law, for funding of Article 2 of Chapter 12 of Title 17, `'The Georgia Indigent Defense Act, for representation of indigents in criminal cases; for funding of the Crime Victims Emergency Fund; for law enforcement and prosecution agency programs and particularly for funding of advanced drug investigation and prosecution training for law enforcement officers and prosecuting attorneys; for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; for use as

Page 910

matching funds for grant programs related to drug treatment or prevention; or for financing the judicial system of the state. (v) Property distributed in kind to the state pursuant to this subsection may be designated by the Attorney General, with the approval of the court, for use by such agency or officer of the state as may be appropriate or, otherwise, shall be turned over to the Department of Administrative Services for such use or disposition as may be determined by the commissioner of the Department of Administrative Services. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x) (1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty.

Page 911

(2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which

Page 912

either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest. (z) This Code section must be liberally construed to effectuate its remedial purposes. Section 2. Said article is further amended by striking subsection (f) of Code Section 16-13-30.1, relating to unlawful manufacture, delivery, and distribution of noncontrolled substances, and inserting in lieu thereof a new subsection (f) to read as follows: (f) All property which would be subject to forfeiture under the provisions of subsection (d) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49. Section 3. Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, is amended by striking paragraph (4) of subsection (e) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of property under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person.

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Section 4. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previous time under the provisions of said Code section prior to the effective date of this Act. Furthermore, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations. (b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred. Section 5. This Act shall become effective July 1, 1991. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. REVOLVING ACCOUNTS DELINQUENCY CHARGES; LIMITS. Code Section 10-1-7 Amended. No. 392 (House Bill No. 293). AN ACT To amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to retail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving accounts, so as to provide that a revolving account may provide for delinquency

Page 914

charges; to provide for the amount of such charges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to retail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving accounts, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed $5.00. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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SUPPLIERS' LIENS RENTAL TOOLS, APPLIANCES, MACHINERY, AND EQUIPMENT; LIEN; INTERIM WAIVER OF LIEN AND BOND RIGHTS; FORM; EXCEPTIONS. Code Sections 44-14-360 and 44-14-361 Amended. Code Section 44-14-366 Enacted. No. 393 (House Bill No. 528). AN ACT To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate; to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for an interim waiver of lien and bond rights in connection with progress payments; to provide a form for a final waiver of lien and bond rights in connection with final payment; to provide for failure to fill out the forms correctly; to provide for exceptions; to provide for applicability with respect to certain lien rights; to provide for a determination of payment in full; to provide for an Affidavit of Nonpayment Form; to provide for voiding affidavits of nonpayment; to provide for the applicability of the affidavit of nonpayment with respect to waiver and release; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking paragraph (3) of Code Section 44-14-360, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Materials,' in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable value or

Page 916

the contracted rental price, whichever is greater, of such tools, appliances, machinery, or equipment. Section 2. Said part is further amended by striking Code Section 44-14-361, relating to creation of liens, in its entirety and inserting in lieu thereof a new Code Section 44-14-361 to read as follows: 44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may

Page 917

furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; and (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate for which the labor, services, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contractor. Section 3. Said part is further amended by adding at the end thereof a new Code Section 44-14-366 to read as follows: 44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (b) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless: (1) It is pursuant to a waiver and release form duly executed by claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (f) of this Code section. (c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release must follow substantially the following form, and the priority of such claimant's lien rights, except as to retention, shall thereafter run from the day after the date specified in such Interim Waiver and Release upon Payment form:

Page 918

INTERIM WAIVER AND RELEASE UPON PAYMENT

Page 919

(d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow substantially the following form: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

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(e) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim;

Page 921

(2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section 44-14-361.4, or Code Section 44-14-364. (f) (1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. (2) Such amounts shall conclusively be deemed paid in full upon the earliest to occur of: (A) Actual receipt of funds: (B) Execution by the claimant of a separate written acknowledgement of payment in full; or (C) Thirty days after the date of the execution of the waiver and release, unless prior to the expiration of said 30 day period the claimant files a claim of lien or files in the county in which the property is located an Affidavit of Nonpayment, using substantially the following form: AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. SECTION 44-14-366

Page 922

Page 923

(3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an Affidavit of Nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the Affidavit of Nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an Affidavit of Nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the Affidavit of Nonpayment or claim of lien. Section 4. Section 3 of this Act shall become effective on January 1, 1992. The remaining sections of this Act shall become effective on July 1, 1991. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

Page 924

CEMETERIES AND BURIAL GROUNDS LOCAL GOVERNING AUTHORITIES; PRESERVATION AND PROTECTION; PERMITS; PENALTIES. Code Sections 36-60-6 and 36-60-6.1 Repealed. Code Title 36, Chapter 72 Enacted. No. 394 (House Bill No. 402). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development; to repeal Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained cemeteries; to provide a statement of policy; to define certain terms; to authorize local governing authorities to preserve and protect certain cemeteries and burial grounds; to provide that no cemetery or burial ground shall be disturbed unless a permit is first obtained from the local government wherein such cemetery or burial ground is located; to provide for matters relative to an application for such permit; to provide for notification of certain persons; to provide conditions for the granting of such permit; to provide for appeal; to provide for certain activities by an applicant during the period of appeal under certain conditions; to provide for certain inspections for compliance; to provide for certain boards and commissions; to provide for certain financial responsibilities; to provide for penalties for violations; 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 striking in its entirety Code Section 36-60-6, relating to the disturbing of a burial place in land development, which reads as follows: 36-60-6. (a) No known burial place of any human remains shall be knowingly disturbed by the owner or owners of

Page 925

the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued. (b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave disturbed., and inserting in lieu thereof the following: 36-60-6. Reserved. Section 2. Said title is further amended by striking in its entirety Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained cemeteries, which reads as follows: 36-60-6.1. (a) As used in this Code section, the term `preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery. (b) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being maintained and to expend public money in connection therewith. Section 3. Said title is further amended by inserting immediately following Chapter 71 a new Chapter 72 to read as follows:

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CHAPTER 72 36-72-1. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected. (b) It is the intent of the General Assembly that the provisions of this chapter be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information. 36-72-2. As used in this chapter, the term: (1) `Abandoned cemetery' means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery. (2) `Archeologist' means any person who is: (A) A member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or (B) Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist. (3) `Burial ground' means an area dedicated to and used for interment of human remains. The fact that the

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area was used for burial purposes shall be evidence that it was set aside for burial purposes. (4) `Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment. (5) `Cemetery' or `cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof. (6) `Descendant' means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19. (7) `Genealogist' means a person who traces or studies the descent of persons or families and prepares a probative record of such descent. (8) `Human remains' means the bodies of deceased human beings in any stage of decomposition, including cremated remains. (9) `Preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and so as to aid in the preservation and protection of such cemetery or burial ground. 36-72-3. Counties and municipalities are authorized to preserve and protect any abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained, to expend public money

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in connection therewith, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose. 36-72-4. No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section 36-72-14. 36-72-5. Application for a permit shall include, at a minimum, the following information: (1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search; (2) A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit; (3) A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report; (4) A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery; and (5) A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition

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of the remains, the approximate cost of the process, and the approximate number of graves affected. 36-72-6. The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the governing authority. The governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events. 36-72-7. (a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held. (b) Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of

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the human remains. The governing authority may adopt the applicant's proposal for mitigation. 36-72-8. The governing authority shall consider the following in making its determination: (1) The presumption in favor of leaving the cemetery or burial ground undisturbed; (2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties; (3) The economic and other costs of mitigation; (4) The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects; (5) The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and (6) Any other compelling factors which the governing authority deems relevant. 36-72-9. The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment. 36-72-10. The governing authority shall be authorized to impose an application fee which shall reflect the cost to the

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governing authority for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00. 36-72-11. Should any applicant or descendant be dissatisfied with a decision of the governing authority, he or she, within 30 days of such decision, may file an appeal in the superior court of the county in which the cemetery or burial ground is located in addition to the superior courts enumerated in Code Section 50-13-19. 36-72-12. Until the expiration of the time for appeal as set forth in Code Section 36-72-11, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activities which comply with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown. 36-72-13. The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court. 36-72-14. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a permit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the permit in accordance with Code Sections 36-72-6 through 36-72-8. (b) When activities of an agency, authority, or political subdivision of the state adversely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned

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cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When activities of a private person, corporation, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the cemetery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the governing authority in whose jurisdiction the abandoned cemetery or burial ground is located. 36-72-15. Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued. 36-72-16. Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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FIRE SUPPRESSION SYSTEMS REGULATION; INSPECTION; DEFINITIONS; PERMITS; FEES; PENALTIES. Code Title 25, Chapter 12 Enacted. No. 395 (House Bill No. 434). AN ACT To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire suppression systems; to regulate the inspection, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems; to provide for definitions; to provide for violations and for penalties; to provide for the duties and responsibilities of the Safety Fire Commissioner; to provide for licenses and permits, applications therefor, and renewals thereof; to provide for fees; to provide for rules and regulations; to provide for enforcement; 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. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding immediately following Chapter 11 a new chapter, to be designated Chapter 12, to read as follows: CHAPTER 12 25-12-1. It is unlawful for any firm to engage in the business of installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems, as defined by this chapter, in this state except in conformity with the provisions of this chapter. Each firm engaging in any such business must possess a valid and subsisting license issued by the Commissioner. 25-12-2. As used in this chapter, the term:

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(1) `Commissioner' means the Safety Fire Commissioner. (2) `Engineered fire suppression system' means any fire suppression system having pipe lengths, number of fittings, number and types of nozzles, suppression agent flow rates, and nozzle pressures as determined by calculations derived from the appropriate standards of the National Fire Protection Association, whether those calculations are performed by hand or by a computer program or by other method of calculation. These systems may consist of other components, including, but not limited to, detection devices, alarm devices, and control devices as tested and approved by a nationally recognized testing laboratory and shall be manufacturer listed as compatible with the fire suppression system involved. (3) `Fire suppression system' means any fire-fighting system employing a suppression agent with the purpose of controlling, suppressing, or extinguishing a fire in a specific hazard. The suppression agent shall be a currently recognized agent or water additive required to control, suppress, or extinguish a fire. The term fire suppression system shall include engineered and preengineered systems as defined in this chapter and shall not include those systems addressed in Chapter 11 of this title. (4) `Firm' means any business, person, partnership, organization, association, corporation, or individual. (5) `License' means the document issued by the Commissioner which authorizes a firm to engage in the business of installation, repair, alteration, recharging, inspection, maintenance, service, or testing of fire suppression systems or portable fire extinguishers. (6) `Permit' means the document issued by the Commissioner which authorizes an individual to install, inspect, repair, recharge, service, or test fire suppression systems or portable fire extinguishers. (7) `Portable fire extinguisher' means a portable device containing an extinguishing agent that can be expelled

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under pressure for the purpose of suppressing or extinguishing a fire. The device must be listed by a nationally recognized testing laboratory. The device must bear a manufacturer's name and serial number. The listings, approvals, and serial numbers may be stamped on the manufacturer's identification and instruction plate or on a separate plate of the testing laboratory soldered or attached to the extinguisher shell in a permanent manner set forth by the listing or approving organization. (8) `Preengineered fire suppression system' means any system having predetermined flow rates, nozzle pressures, and quantities of an extinguishing agent. These systems have the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a nationally recognized testing laboratory. The hazards protected by these systems are specifically limited as to the type and size by the testing laboratory based upon actual fire tests. Limitations on hazards that can be protected by these systems are contained in the manufacturer's installation manual, which is referenced as part of the listing. 25-12-3. All fire suppression systems required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter. 25-12-4. All portable fire extinguishers required by the Commissioner's rules and regulations or by other state or local fire safety rules or regulations must be installed, inspected, repaired, recharged, serviced, or tested only by a firm licensed under the provisions of this chapter, except as otherwise provided by this chapter. 25-12-5. The provisions of this chapter do not apply to fire chiefs, fire marshals, fire inspectors, or insurance company inspectors with regard to the routine visual inspection of preengineered fire suppression systems or portable fire extinguishers.

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25-12-6. (a) The provisions of this chapter do not apply to any firm that engages only in the routine visual inspection of fire suppression systems or portable fire extinguishers owned by the firm and installed on property under the control of said firm. (b) The fees required by this chapter shall not apply to employees of federal, state, or local governments or to members of legally organized fire departments while acting in their official capacities. 25-12-7. Each firm in the business of installing, altering, inspecting, repairing, recharging, servicing, maintaining, or testing fire suppression systems or in the business of inspecting, repairing, recharging, servicing, maintaining, or testing portable fire extinguishers is required to obtain a license from the Commissioner. The annual fee for said license shall be as established by the Commissioner by rule or regulation, but such license fee shall not exceed $50.00. 25-12-8. Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must posses a valid and subsisting permit issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00. 25-12-9. The licenses and permits required by this chapter shall be issued by the Commissioner for each license year beginning January 1 and expiring the following December 31. The failure to renew a license or permit by December 31 will cause the license or permit to become inoperative. A license or permit which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty equal to the applicable fee if said fees are paid within 90 days of expiration. After 90 days, the firm and the employees thereof must apply for new licenses and permits as required for an initial license or permit. 25-12-10. The forms of such licenses and permits and applications and fees therefor shall be prescribed by the Commissioner by rule or regulation, subject to the limitations on fees provided for in Code Sections 25-12-7 and 25-12-8. In addition

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to such other information and data as the Commissioner determines are appropriate and required for such forms, there shall be included in such forms the following matters: (1) Each such application shall be sworn to by the applicant or, if a corporation, by an officer thereof; (2) Each application shall clearly state, in detail as set forth by the Commissioner, the type of activity or activities for which the applicant desires a license or permit to perform; (3) An application for a permit shall include the name of the licensee employing such permittee, and the permit issued in pursuance of such application shall also set forth the name of such licensee. For persons covered by Code Section 25-12-8, the application and permit shall bear the business name of the person's employer; and (4) The license or permit issued by the Commissioner shall clearly state the activity or activities for which the firm or individual has been issued the license or permit to perform. The licensee or permittee shall not perform any activity not noted on the license or permit issued by the Commissioner. 25-12-11. A license may not be issued by the Commissioner until: (1) The applicant has submitted to the Commissioner evidence of registration as a Georgia corporation; (2) The Commissioner or a person designated by him has by inspection determined that the applicant possesses the equipment required for the activities the applicant requests to be licensed to perform. If the applicant includes in the request the high-pressure hydrostatic testing of equipment, the applicant must submit a copy of its United States Department of Transportation approval and renewals. If the applicant includes in the request the transfer of Halogenated fire suppression agents, the applicant must submit a copy of the current Underwriter's Laboratories on-site inspection form for a manufacturer's represented

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Halon pumping station. The Commissioner shall give an applicant 60 days to correct any deficiencies discovered by inspection; (3) The applicant has submitted to the Commissioner proof of a valid comprehensive liability insurance policy purchased from an insurer authorized to do business in Georgia. The coverage must include bodily injury and property damage, products liability, completed operations, and contractual liability. The proof of insurance must also be provided before any license can be renewed. The minimum amount of said coverage shall be $1 million or such other amount as specified by the Commissioner. An insurer which provides such coverage shall notify the Commissioner of any change in coverage; and (4) The applicant, when filing an application for an examination, pays a nonrefundable filing fee fixed by rule or regulation of the Commissioner. 25-12-12. (a) No permit may be issued to a person for the first time by the Commissioner until the applicant has submitted a nonrefundable filing fee fixed by rule or regulation of the Commissioner. 25-12-13. (a) Any firm or individual holding a valid license or permit desiring to perform an activity not covered by the current permit may submit an application for an amended license or permit at any time between January 1 and the date established by the Commissioner for filing applications for renewing an annual license or permit. (b) The provisions of this chapter relating to the requirements for obtaining a license or permit shall apply to applications for an amended license or permit. The Commissioner shall by rule or regulation establish the fee for obtaining an amended license and the fee for an amended permit, but such fees shall not exceed the respective limits set forth in Code Sections 25-12-7 and 25-12-8. (c) The fees for an amended license or permit shall not apply if the new activity or activities are included in an application for a renewal of the annual license or permit. The application

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for renewal must be accompanied by the proof of training and other applicable documentation regarding the activity or activities desired to be included on the new annual license or permit. 25-12-14. Every permitte must have a valid and subsisting permit upon his person at all times while engaging in the installing, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. Every licensee or permittee must be able to produce a valid license or valid permit, as appropriate, upon demand by the Commissioner or his representatives or by any local authority having jurisdiction for fire protection or prevention or by any person for whom the licensee or permittee solicits to perform any of the activities covered by this chapter. 25-12-15. The Commissioner may adopt rules and regulations setting forth the proper installation, inspection, recharging, repairing, servicing, or testing of fire suppression systems or portable fire extinguishers. The Commissioner may adopt by rule the applicable standards of the National Fire Protection Association or another nationally recognized organization, if the standards are judged by him to be suitable for the enforcement of this chapter. All fire suppression systems covered by Code Section 25-12-3 and all portable fire extinguishers covered by Code Section 25-12-4 shall be installed, inspected, recharged, repaired, serviced, or tested in compliance with this chapter and with the Commissioner's rules and regulations. 25-12-16. The Commissioner shall make and promulgate specifications as to the number, type, size, shape, color, and information and data contained thereon of service tags to be attached to all portable fire extinguishers and fire suppression systems covered by this chapter when they are installed, inspected, recharged, repaired, serviced, or tested. It shall be unlawful to install, inspect, recharge, repair, service, or test any portable fire extinguisher or fire suppression system without attaching the required tag or tags completed in detail, including the actual month, day, and year the work was performed, or to use a tag not meeting the specifications set forth by the Commissioner.

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25-12-17. The violation of any provision of this chapter or any rule or regulation adopted and promulgated pursuant to this chapter by any person who possesses a license or permit is cause for revocation or suspension of such license or permit by the Commissioner. An order of suspension shall state the period of time of such suspension, which period may not be in excess of one year from the date of such order. An order of revocation shall state the period of time of such revocation, which period may not be in excess of two years from the date of such order. Such order shall effect suspension or revocation of the license or permit then held by the person, and during such period of time no license or permit shall be issued to such person. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the Commissioner, a new license or permit has been issued to the person so charged, the order of suspension or revocation shall operate effectively with respect to such new license or permit held by such person. 25-12-18. In addition to the grounds set forth in Code Section 25-12-17, it is cause for revocation or suspension of a license or permit by the Commissioner if he determines that the licensee or permittee has: (1) Rendered inoperative a fire suppression system or portable fire extinguisher covered by this chapter, except during a reasonable time the system or extinguisher is being inspected, recharged, repaired, serviced, or tested; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter; (3) Improperly installed, recharged, repaired, serviced, or tested a fire suppression system or portable fire extinguisher; (4) While holding a permit or license, allowed another person to use the permit or license or permit number or license number or used a license or permit or license number or permit number other than his own valid license or permit or license number or permit number;

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(5) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; or (6) Failed to maintain the minimum comprehensive liability insurance coverage as set forth in paragraph (3) of Code Section 25-12-11. 25-12-19. (a) Any person, firm, or corporation which violates any provision of this chapter or any order, rule, or regulation of the Commissioner shall be guilty of a misdemeanor. (b) It shall also constitute a misdemeanor willfully or intentionally to: (1) Obliterate the serial number on a fire suppression system or portable fire extinguisher for the purposes of falsifying service records; (2) Improperly install a fire suppression system or improperly recharge, repair, service, or test any such suppression system or any such portable fire extinguisher; (3) While holding a permit or license, allow another person to use the permit or license or permit number or license number or to use a license or permit or license number or permit number other than his own valid license or permit or license number or permit number; (4) Use or permit the use of any license by an individual or organization other than the one to whom the license is issued; (5) To use any credential, method, means, or practice to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; or (6) To engage in the business of installing, inspecting, recharging, repairing, servicing, or testing portable fire extinguishers or fire suppression systems except in conformity

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with the provisions of this chapter and the applicable rules and regulations of the Commissioner. 25-12-20. Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by a deputy, assistant, or other designated employee acting in the Commissioner's name and by his delegated authority. The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority. 25-12-21. (a) All fees collected by the Commissioner for licenses, permits, and related examinations pursuant to the provisions of this chapter shall be deposited in the general fund of this state in accordance with applicable laws of this state. (b) The Commissioner is authorized to receive grants or gifts for the administration of this chapter from parties interested in upgrading and improving the quality of fire protection provided by portable fire extinguishers or fire suppression systems. 25-12-22. (a) Nothing in this chapter limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. (b) No municipality or county shall impose any other requirements on persons licensed or permitted by the Commissioner as set forth in this chapter to prove competency to conduct any activity covered by said license or permit. Section 2. This Act shall become effective on July 1, 1991; provided, however, the initial issuance of licenses and permits required by this Act shall not be required until January 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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BLUE RETROREFLECTIVE RAISED PAVEMENT MARKERS UNOFFICIAL INSTALLATION PROHIBITED. Code Section 40-6-27 Enacted. No. 396 (House Bill No. 526). AN ACT To amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street; to provide for an exception; 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 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, is amended by adding at the end thereof a new Code Section 40-6-27 to read as follows: 40-6-27. It shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street, provided that such marker may be placed or installed by the state or any county, municipality, fire department, or employee or agent thereof solely for the purpose of marking the location of fire hydrants. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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PERSONAL PROPERTY CUSTODY OF LAW ENFORCEMENT AGENCIES; RETURN; DISPOSITION. Code Section 17-5-54 Enacted. No. 397 (House Bill No. 531). AN ACT To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforcement agencies; to provide for the return of property used as evidence in criminal proceedings to the rightful owner of such property after final conviction of the defendent; to provide for the disposition of unclaimed property; to provide for procedures; to provide for notice; to provide for records; to provide for the disposition of proceeds from the sale of unclaimed property; to provide for exceptions and the applicability of other laws; to repeal conflicting laws; and for other purpose. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 5 of Tital 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, is amended by adding at the end thereof a new Code Section 17-5-54 to read as follows: 17-5-54. (a) (1) Except as otherwise provided in subsections (d) and (e) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final conviction in the case of property used as evidence,

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and which is no longer needed in a criminal investigation or for evidentiary purposes shall be subject to disposition by the law enforcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately. (2) Items not claimed by the owners shall be sold at a sale which shall be conducted not less than seven nor more than 15 days after the final advertised notice has been run. The sale shall be to the highest bidder. (3) If property has not been bid on in two successive sales, the law enforcement agency may retain the property for official use or the property will be considered as salvage and disposed of as other county or municipal salvage or nonserviceable equipment. (4) With respect to unclaimed perishable personal property or animals or other wildlife, the officer may make application to the superior court for an order authorizing the disposition of such property prior to the expiration of 90 days.

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(5) With respect to a seized motor vehicle which is not the subject of forfeiture proceedings, the law enforcement agency shall be required to contact the Georgia Crime Information Center to determine if such motor vehicle has been stolen and to follow generally the procedures of Code Section 40-11-2 to ascertain the registered owner of such vehicle. (b) Records will be maintained showing the manner in which each item came into possession of the law enforcement agency, a description of the property, all efforts to locate the owner, any case or docket number, the date of publication of any newspaper notices, and the date on which the property was retained by the law enforcement agency, sold, or discarded. (c) The proceeds from the sale of personal property by the sheriff or other county law enforcement agency pursuant to this Code section shall be paid into the general fund of the county treasury. The proceeds from the sale of personal property by a municipal law enforcement agency pursuant to this Code section shall be paid into the general fund of the municipal treasury. (d) The provisions of this Code section shall not apply to personal property which is the subject of forfeiture proceedings as otherwise provided by law. (e) The provisions of this Code section shall not apply to any property which is the subject of a disposition pursuant to Code Sections 17-5-50 through 17-5-53. (f) The provisions of this Code section shall not apply to any abandoned motor vehicle for which the provisions of Chapter 11 of Title 40 are applicable. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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WORKERS' COMPENSATION GROUP SELF-INSURANCE FUNDS; COUNTY; DEFINITION. Code Section 34-9-151 Amended. No. 398 (House Bill No. 533). AN ACT To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term county to include a consolidated city-county government and certain authorities, commissions, and boards; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, is amended by striking in its entirety paragraph (5) of Code Section 34-9-151, relating to definitions applicable to such article, and inserting in lieu thereof a new subsection (5) to read as follows: (5) `County' means a county of this state. Such term shall include a consolidated city-county government and any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by a resolution or ordinance of the governing authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county.

Page 948

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, 1991. YEAR'S SUPPORT AMOUNT; BURDEN OF PROOF; APPLICATION. Code Sections 53-5-2 and 53-5-4 Amended. No. 399 (House Bill No. 540). AN ACT To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support; to provide for the burden of proof in showing the amount necessary for a year's support; to provide that the surviving spouse and minor children may apply for a year's support if the estate is kept together under certain circumstances; to provide criteria for determining whether certain additional year's support shall be granted; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by striking subsection (c) of Code Section 53-5-2, relating to support of the family, preferences, procedures, and the amount to be set apart, and inserting in lieu thereof a new subsection (c) to read as follows:

Page 949

(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following: (1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that person; and (2) Such other relevant criteria as the court deems equitable and proper. The applicant for a year's support shall have the burden of proof in showing the amount necessary for a year's support. Section 2. Said chapter is further amended by striking Code Section 53-5-4, relating to entitlement of surviving spouses and minor children to year's support for subsequent years, and inserting in lieu thereof a new Code Section 53-5-4 to read as follows: 53-5-4. When an estate is to be kept together for more than 12 months, the surviving spouse and minor children of the deceased shall, upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each such additional year that the estate may be kept together, provided that more than three months have elapsed since the last insertion of the notice to creditors required by Code Section 53-7-92 and that there are sufficient assets in the estate to award such additional year's support and to pay all known unpaid debts and claims against the estate. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

Page 950

CHILD SUPPORT ENFORCEMENT BY DEPARTMENT OF HUMAN RESOURCES; SERVICE OF PROCESS; PATERNITY TEST; RECORDS; CONFIDENTIALITY. Code Sections 19-6-32, 19-6-33, 19-7-45, 19-7-46, and 19-11-9.1 Amended. Code Section 19-11-27 Enacted. No. 400 (House Bill No. 547). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources; to delete the limit on income deduction for payment of arrearage; to provide for service in person or by certified mail; to provide that the court shall order a test to determine paternity when the Department of Human Resources is the petitioner; to clarify that upon request the department shall be provided with information regarding the earnings of a person owing child support; to provide for confidentiality of information and records obtained by the department; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking paragraph (2) of subsection (b) of Code Section 19-6-32, relating to income deduction orders, and inserting in its place a new paragraph (2) to read as follows: (2) State the amount of arrearage accured, if any, under the support order and direct a payor to withhold a specific amount until the arrearage is paid in full; and. Section 2. Said title is further amended by striking subsection (b) of Code Section 19-6-33, relating to notice and service of income deduction orders, and inserting in its place a new subsection (b) to read as follows:

Page 951

(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in person or by certified mail, return receipt requested. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail. Section 3. Said title is further amended by striking Code Section 19-7-45, relating to blood tests, and inserting in its place a new Code Section 19-7-45 to read as follows: 19-7-45. As soon as practicable after an action has been brought, the court, upon motion of the petitioner, the respondent, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing and genetic testing if available, which have been developed or established for purposes of disproving or proving parentage and which are reasonably accessible. In cases in which the Department of Human Resources is the petitioner pursuant to paragraph (4) of subsection (a) of Code Section 19-7-43, the court shall upon motion of any party to the action order the mother, the alleged father, and the child to submit to such blood tests. If the court orders the blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by a party, the court may order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood test, the court may dismiss the action upon motion of the respondent. Section 4. Said title is further amended by striking subsection (a) of Code Section 19-7-46, relating to evidence at a trial, and inserting in its place a new subsection (a) to read as follows: (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged

Page 952

parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Section 5. Said title is further amended by striking Code Section 19-11-9.1, relating to information about obligors, and inserting in its place a new Code Section 19-11-9.1 to read as follows: 19-11-9.1. Any state or local agency or private employer of this state, upon the request of the department, shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obligation of support for a dependent child. In addition to the preceding information, if the case involves a person receiving public assistance, the employer shall also provide information regarding earnings. The department upon receipt of this information may make it available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Section 6. Said title is further amended by adding, immediately following Code Section 19-11-26, a new Code Section 19-11-27 to read as follows: 19-11-27. Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

Page 953

AVIATION ACQUISITION OF AIRPORT OUTSIDE OF COUNTY OR MUNICIPAL BOUNDARIES; PROHIBITED. Code Section 6-3-22.1 Enacted. No. 401 (House Bill No. 548). AN ACT To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisition of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time; to provide for repeal on a certain date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, is amended by adding immediately following Code Section 6-3-22 a new Code Section 6-3-22.1 to read as follows: 6-3-22.1. Any other provisions of this chapter or any local law to the contrary notwithstanding, no county or municipality or authority thereof shall be authorized to acquire property for the purposes provided for in this chapter outside its respective territorial boundaries without the express authority of each local government in whose boundaries all or any portion of such property lies. Section 2. Code Section 6-3-22.1 prohibiting counties and municipalities from condemning property outside their boundaries for airport purposes enacted by Section 1 of this Act shall be repealed in its entirety on July 1, 1992.

Page 954

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, 1991. STATE BOARD OF EXAMINERS FOR CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS DEFINITIONS; CERTIFICATION; RECIPROCITY. Code Sections 43-51-2, 43-51-3, 43-51-6, 43-51-8, and 43-51-15 Amended. No. 402 (House Bill No. 558). AN ACT To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to amend the automatic repeal of such chapter; to define certain terms; to change the conditions of membership on the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; to provide for the certification of operators of wastewater collection systems, water distribution systems, and public water supply systems; to provide conditions for reciprocity with other states and countries; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment

Page 955

plant operators and laboratory analysts, is amended by striking in its entirety Code Section 43-51-2, relating to definitions, and inserting in lieu thereof a new Code Section 43-51-2 to read as follows: 43-51-2. As used in this chapter, the term: (1) `Board' means the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. (2) `Certificate' means a document issued by the board stating that the operator or laboratory analyst has met the requirements for the specified operator classification of the certification program. (3) `Director' means the director of the Division of Environmental Protection of the Department of Natural Resources. (4) `Division' means the Division of Environmental Protection of the Department of Natural Resources. (5) `Laboratory analyst' means any person who tests water or wastewater samples in conjunction with the operation of public water supply systems or wastewater treatment plants. (6) `Operator' means any person who performs operational duties, as defined by the board, at wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems. (7) `Person' means any individual, corporation, company, association, partnership, county, municipality, state agency, federal agency, or other entity. (8) `Public water supply system' means the system of pipes, structures, and facilities through which water is obtained and treated to be offered to the public for household use or for any other public consumption.

Page 956

(9) `Wastewater collection system' means the system of sanitary sewers, pipes, manholes, pumps, and other such apparatus used to convey sewage to wastewater treatment plants. (10) `Wastewater treatment plant' means the facilities provided for the treatment and disposal of wastewater, including industrial process wastewater. (11) `Water distribution system' means the system of pipes, pumps, valves, and other such apparatus used to distribute water to the public. (12) `Water treatment plant' means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-51-3, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. The board shall be composed of six members to be appointed by the Governor. The appointments shall be made as follows: one member from the technical staff of the Environmental Protection Division of the Department of Natural Resources; one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the board; one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the board; one member who is an employee of a municipality or county required to employ a certified operator and who holds the position of municipal or county manager, engineer, director of public works, or director of water supply and water pollution control; and one member who is a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in water supply and water pollution control in an educational institution

Page 957

in this state. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the water and wastewater treatment industry. The initial term for the member appointed from the public at large shall expire June 30, 1984; thereafter, the Governor shall appoint successors for a term of four years. The other five members of the board shall serve four-year terms, which terms shall be staggered so that the terms of two members shall expire one year and the term of one member shall expire in each of the following three years. No member of the board may serve more than two consecutive full terms. Section 3. Said chapter is further amended by striking in its entirety Code Section 43-51-6, relating to the certification of operators of water or wastewater treatment plants and laboratory analysts, and inserting in lieu thereof a new Code Section 43-51-6 to read as follows: 43-51-6. (a) The board shall certify persons as to their qualifications to operate wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems. (b) Any person who operates a wastewater treatment plant, wastewater collection system, distribution system, or public water supply system shall obtain a certificate from the board; provided, however, that any person who is operating a wastewater treatment plant on July 1, 1991, and who is required to obtain a certificate on or after July 1, 1991, but who was not required to have a certificate prior to said date, shall have until July 1, 1996, to obtain such certificate without being in violation of this chapter; provided, further, that no such person who is operating without a certificate a wastewater treatment plant on July 1, 1991, shall be authorized to operate any other wastewater treatment plant after July 1, 1991, without a certificate as required by the board. Such person shall make application to the board for such certificate, which application shall be accompanied by a fee in an amount established by the board. (c) Any laboratory analyst who conducts certain tests, as defined by the board, of water or wastewater samples in conjunction with the operation of public water supply systems or

Page 958

wastewater treatment plants shall obtain a certificate from the board. Such persons shall make application to the board for such a certificate, which application shall be accompanied by a fee in an amount established by the board; provided, however, that until July 1, 1993, any person who has obtained or shall obtain certification by the board as an operator under this chapter shall not be required to obtain a certificate from the board to provide services as a laboratory analyst. (d) Any certificate granted under this chapter shall be renewable biennially. Application for renewal of certificates shall be accompanied by a renewal fee in an amount established by the board. The board shall be authorized to require continuing education as a condition of certificate renewal. The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) The board may establish a training period during which a certificate is not required. (f) Any person who possesses certification by the board as an operator of a public water supply system shall not be required to obtain a certificate to operate a water distribution system. (g) Any person who possesses certification by the board as an operator of a wastewater treatment plant shall not be required to obtain a certificate to operate a wastewater collection system. Section 4. Said chapter is further amended by striking in its entirety Code Section 43-51-8, relating to reciprocity with other states and countries, and inserting in lieu thereof a new Code Section 43-51-8 to read as follows: 43-51-8. The board, upon application, may issue a certificate by examination to any person who holds a certificate in good standing issued by another country or by any state, territory, or possession of the United States. The board may adopt rules providing the circumstances under which such certificates shall satisfy the experience and training requirements for a written examination; provided, however, that the board may

Page 959

waive the requirement for a written examination if the applicant has passed a written examination which the board deems to be substantially similar to the written examination used by the board. Section 5. Said chapter is further amended by striking in its entirety Code Section 43-51-15, relating to termination of the board, and inserting in lieu thereof a new Code Section 43-51-15 to read as follows: 43-51-15. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts shall be terminated on July 1, 1997, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. CHILDREN AND YOUTH CERTAIN CHILDREN SENTENCED TO DEPARTMENT OF CORRECTIONS; EFFECTIVE DATE AMENDED. Code Title 15, Chapter 11 Amended. Code Section 17-10-14 Amended. Code Title 49, Chapter 5 Amended. No. 403 (House Bill No. 560). AN ACT To amend an Act entitled To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to

Page 960

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 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;

Page 961

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., approved April 16, 1990 (Ga. L. 1990, p. 1930), so as to change the effective date of said Act from July 1, 1991, to July 1, 1992; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act entitled 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

Page 962

the superior court is warranted, and for the 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., approved April 16, 1990 (Ga. L. 1990, p. 1930), is amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. This Act shall become effective on July 1, 1992. 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, 1991.

Page 963

WATER WELL CONTRACTORS AND TRAINEES; LICENSE; BONDS; IRREVOCABLE LETTERS OF CREDIT. Code Sections 12-5-127, 12-5-129, and 12-5-135 Amended. No. 404 (House Bill No. 561). AN ACT To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Water Well Standards Act of 1985, so as to change the requirements for a water well contractor's or trainee's license; to provide for blanket bonds and blanket irrevocable letters of credit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Water Well Standards Act of 1985, is amended by striking in their entirety subsections (b), (c), and (h) of Code Section 12-5-127, relating to licensing of water well contractors and trainees, and inserting in lieu thereof new subsections (b), (c), and (h), respectively, to read as follows: (b) An applicant for a license as a water well contractor shall be required to have two years' experience working in the water well construction business under a licensed water well contractor and shall be required to pass an examination administered by the council. The examination may be written, oral, or practical work, or any combination of the three. The examination shall relate to the applicant's knowledge of basic ground water, basic well construction, and the general contents of this part. (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. If the required experience

Page 964

was obtained under two or more licensed water well contractors, then a certified affidavit specifying exact dates of such experience shall be required from each licensed contractor. In lieu of the method described above, an applicant may present other proof satisfactory to the council of two years' experience constructing water wells. (h) Any person desiring to engage in the business of water well construction and not meeting the requirements for licensing as a water well contractor may apply to the council for a license as a water well contractor trainee. An applicant for a trainee license shall be required to pass an examination approved by the council. The examination may be written or oral and shall relate to the applicant's knowledge of basic ground water and basic well construction. Upon satisfactory completion of at least two years' experience under the direct supervision of a licensed water well contractor, the trainee may apply for a license as a water well contractor and shall be required to pass an examination approved by the council. Section 2. Said part is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 12-5-129, relating to grounds for revocation of licenses by the council, and inserting in lieu thereof a new paragraph (5) and by adding a new paragraph (6) to read respectively as follows: (5) Making substantial misrepresentations or false promises in connection with the occupation of a water well contractor; and (6) Failure to provide and maintain on file at all times with the director a performance bond or irrevocable letter of credit as required by Code Section 12-5-135. Section 3. Said part is further amended by striking in its entirety subsection (d) of Code Section 12-5-135, relating to the requirement of a performance bond or letter of credit, and substituting in lieu thereof a new subsection (d) and by adding a new subsection (f) to such Code section to read respectively as follows: (d) The council shall not issue any new license or renew any old license unless the license application is accompanied by a letter from the director or his designee stating that the applicant's

Page 965

bond or letter of credit is acceptable. Failure to provide an acceptable bond or irrevocable letter of credit shall constitute grounds for denial of the issuance or renewal of a license. (f) If a business has more than one water well contractor, that business, in lieu of obtaining bonds or irrevocable letters of credit for each individual licensee, may substitute a blanket bond or blanket irrevocable letter of credit for all water well contractors within that business. The blanket bond or blanket irrevocable letter of credit shall be payable to the director in an amount not to exceed $50,000.00. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. DEEDS AND INSTRUMENTS TRANSFER TAX; EXEMPTION. Code Section 48-6-2 Amended. No. 405 (House Bill No. 563). AN ACT To amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from a real estate transfer tax of certain deeds and instruments, so as to provide that a deed of assent or distribution or any other deed carrying out the exercise of a power of appointment and certain other deeds shall be exempt from such transfer tax; to repeal conflicting laws; and for other purposes.

Page 966

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from a real estate transfer tax of certain deeds and instruments, is amended by striking the word and at the end of paragraph (8) of subsection (a); by renumbering paragraph (9) of subsection (a) to read paragraph (10); and by inserting immediately following paragraph (8) a new paragraph (9) to read as follows: (9) Any deed of assent or distribution by an executor, administrator, guardian, trustee, or custodian; any deed or other instrument carrying out the exercise of a power of appointment; and any other instrument transferring real estate to or from a fiduciary; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration; and. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. PUBLIC INDECENCY CERTAIN ACTS; FELONY OFFENSE. Code Section 16-6-8 Amended. No. 406 (House Bill No. 567). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a person who is convicted of the offense of public indecency three or more times shall be guilty of a felony; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking Code Section 16-6-8, relating to the offense of public indecency, in its entirety and inserting in lieu thereof the following: 16-6-8. (a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place: (1) An act of sexual intercourse; (2) A lewd exposure of the sexual organs; (3) A lewd appearance in a state of partial or complete nudity; or (4) A lewd caress or indecent fondling of the body of another person. (b) A person convicted of the offense of public indencency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section. (c) Upon a third or subsequent conviction for public indecency for the violation of paragraphs 2, 3 or 4 of subsection (a), a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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MAGISTRATE COURTS CLERKS; DISPOSSESSORY PROCEEDINGS; SUMMONS. Code Section 44-7-51 Amended. No. 407 (House Bill No. 569). AN ACT To amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counterclaims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to the issuance of summons, service, answers, defenses, and counterclaims in dispossessory proceedings, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court, the state court, or any other court with jurisdiction over the subject matter or the judge, clerk, or deputy clerk of the magistrate court shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any, and

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making an entry of this action on the affidavit filed in the case. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. THEFT OR CONVERSION OF MOTOR VEHICLE FALSE REPORT; MISDEMEANOR OF A HIGH AND AGGRAVATED NATURE. Code Section 40-3-92 Amended. No. 408 (House Bill No. 574). AN ACT To amend Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, security interests, and liens, so as to provide that the false reporting of the theft or conversion of a vehicle shall be a misdemeanors 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. Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, security interests, and liens, is amended by striking Code Section 40-3-92, relating to a false report of a motor vehicle theft or conversion, in its entirety and inserting in its place a new Code Section 40-3-92 to read as follows: 40-3-92. A person who knowingly makes a false report to a peace officer or the commissioner of the theft or conversion of

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a vehicle 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 11, 1991. GEORGIA BUILDING AUTHORITY REAL PROPERTY; RAILROAD OPERATIONS. Code Section 50-9-5 Amended. No. 409 (House Bill No. 578). AN ACT To amend Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-9-5 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Building Authority, is amended by striking paragraph (9) and inserting in lieu thereof a new paragraph (9) to read as follows: (9) To operate and cause to be operated railroad excursions between and in the vicinity of stated places of public interest, provided that a right of use has been obtained by the authority before private property is used in such purpose; to make contracts with all public and private individuals and entities for the purpose thereof; to purchase, rent, lease, sell, and

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otherwise acquire and dispose of personal property and real property for such purposes; to apply for licenses, permissions, regulatory approvals, and the like; and to do all other things necessary or convenient to carry out such power;. 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, 1991. PUBLIC TRANSIT VEHICLES OR STATIONS CRIMES AGAINST THE PERSON; PENALTIES. Code Section 16-5-20, 16-5-21, 16-5-23, 16-5-23.1, and 16-5-24 Amended. No. 410 (House Bill No. 694). AN ACT To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, simple battery, or battery in a public transit vehicle or station; to provide for penalties for aggravated assault and aggravated battery in a public transit vehicle or station; to provide a definition; 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 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is

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amended in Code Section 16-5-20, relating to simple assault, by striking subsection (b) and substituting in lieu thereof a new subsection to read as follows: (b) Except as provided in subsection (c) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor. Section 2. Said chapter is further amended in Code Section 16-5-20, relating to simple assault, by adding at the end thereof a new subsection (c) to read as follows: (c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state. Section 3. Said chapter is further amended in Code Section 16-5-21, relating to aggravated assault, by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection to read as follows: (b) Except as provided in subsections (c), (d), (e), and (f) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. Section 4. Said chapter is further amended in Code Section 16-5-21, relating to aggravated assault, by adding at the end thereof a new subsection (f) to read as follows: (f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

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Section 5. Said chapter is further amended in Code Section 16-5-23, relating to simple battery, by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection to read as follows: (b) Except as otherwise provided in subsections (c) and (d) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. Section 6. Said chapter is further amended in Code Section 16-5-23, relating to simple battery, by adding at the end thereof a new subsection (d) to read as follows: (d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. Section 7. Said chapter is further amended in Code Section 16-5-23.1, relating to battery, by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection to read as follows: (c) Except as provided in subsections (d), (e), and (f) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. Section 8. Said chapter is further amended in Code Section 16-5-23.1, relating to battery, by adding at the end thereof a new subsection (f) to read as follows: (f) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. Section 9. Said chapter is further amended in Code Section 16-5-24, relating to aggravated battery, by striking subsection

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(b) and substituting in lieu thereof a new subsection to read as follows: (b) Except as provided in subsections (c), (d), (e), and (f) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. Section 10. Said chapter is further amended in Code Section 16-5-24, relating to aggravated battery, by adding at the end thereof a new subsection (f) to read as follows: (f) Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. AIDS TRANSMITTING CRIMES HIV TESTING; PROCEDURES; DISCLOSURE; REPORTS. Code Section 17-10-15 Amended. No. 411 (House Bill No. 554). AN ACT To amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to provide procedures for such tests on persons arrested for certain offenses; to remove the discretion to order such tests in certain circumstances; to require disclosure

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to victims of certain such crimes or to the parents or guardians of such victims; to provide for the psychological and physical wellbeing of the victim; to change the provisions relating to the use of reports by courts; to provide for a definition; to prohibit the use of results of tests and related information in certain criminal or civil proceedings; 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 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined by subsection (g) of this Code section, may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be performed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim or by the arrested person, in the discretion of the court. (c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to an HIV test within 45 days following the date of such verdict or plea. The clerk of the court in such case shall mail, within three days following the date of

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that verdict or plea, a copy of that verdict or plea to the Department of Human Resources. (d) The Department of Human Resources, within 30 days following receipt of the court's order under subsection (b) of this Code section or within 30 days following receipt of the copy of the verdict or plea under subsection (c) of this Code section, shall arrange for the HIV test for the person required to submit thereto. (e) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (d) of this Code section shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returned, or plea was entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime. (f) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to: (1) The Department of Human Resources, which shall disclose the name of the person as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one specified in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person; (2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record. That report shall be sealed by the court; and (3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV.

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(g) For the purpose of subsection (b) of this Code section, `significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. (h) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. DRUG ABUSE EDUCATION PROGRAMS STANDARDS; ADMISSION; PREGNANT FEMALES; PRIORITY. Code Sections 26-5-5 and 37-7-2 Amended. Code Section 26-5-20 Enacted. No. 412 (House Bill No. 276). AN ACT To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for standards for certain programs; to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions and access to services to drug dependent pregnant females; to provide that each program licensed or funded by the department shall give priority in admissions to drug dependent pregnant females; to amend Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to the

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authority of the board of human resources to issue regulations, so as to authorize the board to develop criteria for assuring priority in admissions and access to services to drug or alcohol dependent pregnant females; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by striking Code Section 26-5-5, relating to the promulgation of minimum standards of quality and services for each class of program, and inserting in lieu thereof a new Code Section 26-5-5 to read as follows: 26-5-5. The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where programs are offered; (2) Adequate equipment for the delivery of programs; (3) Sufficient trained or experienced staff who are competent in the duties they are to perform; (4) The content and quality of services to be provided; (5) Requirements for intake, discharge, and aftercare of drug dependent persons; (6) Referral to other appropriate agencies; (7) Continuing evaluation of the effectiveness of programs; (8) Maintenance of adequate records on each drug dependent person treated or advised;

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(9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and (10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females. Section 2. Said chapter is further amended by adding at the end thereof a new Code section to be designated Code Section 26-5-20 to read as follows: 26-5-20. Any program licensed or funded by the department under this chapter shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission which access shall be contingent only upon the availability of space. Section 3. Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to the authority of the board of human resources to issue regulations, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In addition to the other powers provided by this chapter, the department shall have the authority: (1) To enforce the regulations issued by the board; (2) To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein; (3) To require such reports from any facility as it may find necessary to the performance of its duties or functions; (4) To visit facilities regularly to review the hospitalization procedures applied to all patients; (5) To determine the care and treatment being given all patients;

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(6) To develop criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females; (7) To investigate complaints and make reports and recommendations relative thereto; and (8) To make effective such procedures and orders as may be appropriate to carry out the provisions of this chapter. Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Department of Veterans Affairs or any other federal agency. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. NONPUBLIC MEDICAL SCHOOLS EXEMPTION FROM NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990. Code Section 20-3-250.3 Amended. No. 413 (House Bill No. 582). AN ACT To amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the Nonpublic Postsecondary Educational Institutions Act of 1990, so as to

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exempt certain nonpublic medical schools from the application of such Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the Nonpublic Postsecondary Educational Institutions Act of 1990, is amended by striking paragraphs (12) and (13) of subsection (a) and inserting in lieu thereof new paragraphs (12), (13), and (14) to read as follows: (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 accredited by a regional or national accrediting agency recognized by the United States Department of Education; (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; and (14) Any nonpublic medical school accredited by the Liaison Committee on Medical Education and the Southern Association of Colleges and Schools. 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, 1991.

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COUNTY AND REGIONAL LIBRARIES BOARDS OF TRUSTEES; MEMBERS. Code Section 20-5-42 Amended. No. 414 (House Bill No. 584). AN ACT To amend Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members or as ex officio members of the board of trustees; to provide for ex officio members; to provide for limitations and restrictions on membership of boards of trustees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, is amended by adding at the end thereof new subsections (f) and (g) to read as follows: (f) Members of the governing authority of any county, municipality, or governmental agency financially supporting the library shall be eligible for appointment and service as members or as ex officio members of the board of trustees of any library or library system. No such governing authority shall appoint a majority of its members to the board of trustees of any library or library system nor shall a majority of the board of trustees of any library or library system consist of members of the governing authority of any single county, municipality, or governmental agency.

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(g) Public library system boards of trustees may provide for ex officio board membership in the system constitution and bylaws. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. USED CAR DEALERS' REGISTRATION ACT LEASING AND RENTAL COMPANIES; EXEMPTION; PAWNBROKERS; LICENSING; ANTIQUE AUTOMOBILE DEALERS; EXEMPTION; SUSPENSION AND REVOCATION OF LICENSES. Code Sections 43-47-2, 43-47-8, and 43-47-10 Amended. No. 415 (House Bill No. 594). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the Used Car Dealers' Registration Act, so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain requirements; to provide for licensing of pawnbrokers who engage in sales of automobiles; to provide for exemptions from certain requirements for pawnbrokers; to provide for exemptions for antique automobiles, classic automobiles, and investment automobiles; to provide that the license of an automobile auction may be suspended or revoked under certain conditions; to provide that it shall be a violation of the Used Car Dealers' Registration Act to seek to obtain or to hold a license on behalf of a person who has already been denied licensure or who has had a license suspended or revoked; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, the Used Car Dealers' Registration Act, is amended by adding at the end of paragraph (6) of Code Section 43-47-2, relating to definitions relating to used car dealers, a new subparagraph (C) to read as follows: (C) Notwithstanding anything to the contrary contained in this subparagraph, the term `used motor vehicle dealer' or `used car dealer' shall include a pawnbroker, as defined in Code Section 44-12-130, who is engaged in the sale of used motor vehicles. Section 2. Said chapter is further amended by striking the word or at the end of division (6)(B)(vii) of Code Section 43-47-2, relating to definitions relating to used car dealers, by inserting ;or in lieu of the period at the end of division (6)(B)(viii), and by adding at the end of subparagraph (B) of paragraph (6) a new division (ix) to read as follows: (ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique automobiles, classic automobiles, and automobiles sold solely as speculative investments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evidence. Section 3. Said chapter is further amended by adding at the end of Code Section 43-47-8, relating to license applications, a new subsection (n) to read as follows: (n) Notwithstanding anything to the contrary contained elsewhere in this chapter, no person, firm, or corporation which is primarily engaged in the business of leasing, renting, or brokering automobiles, or which is primarily engaged in the business of being a pawnbroker, as defined in Code Section 44-12-130, shall be required under this chapter to have their permanent location in a building on an open lot, to be physically separated from any other business, or to be marked by a sign which indicates that the business is a used car dealer, provided that such person, firm, or corporation does not publicly display

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such vehicles for sale. For purposes of this chapter, being `primarily engaged' means that the gross intake from the direct, rather than brokered, sale of used motor vehicles accounts for no more than 20 percent of the annual gross sales of the business in its entirety. Inspectors or investigators acting on behalf of the board may inspect and copy the income records of the business for purposes of determining whether there has been compliance with this requirement; any such records shall be maintained by the board as confidential and shall not be disclosed by the board for purposes other than determining compliance with this subsection. Section 4. Said chapter is further amended by striking the word or at the end of subparagraphs (a)(1)(O) and (a)(1)(P) of Code Section 43-47-10, relating to investigation of used car dealers, and by adding after subparagraph (a)(1)(P) new subparagraphs (Q) and (R) to read as follows: (Q) (i) Any of the following activities by an automobile auction: (I) Allowing a motor vehicle to be sold through an auction where the seller's name does not appear on the face of the title; (II) Failing to refund all of the purchase price to the buyer when the title and tag receipt are not assigned to and processed for the buyer within 21 days of the purchase; (III) Failing to make available to the board, for investigative purposes, auction records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours; (IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase;

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(V) Failing to include on the bill of sale any warranty disclaimer; or (VI) Accepting or delivering a certificate of title signed in blank. (ii) The provisions of this subparagraph shall not apply where: (I) The sale of the motor vehicle is not open to the general public; (II) Either the seller or purchaser of the vehicle is a licensed used car dealer; (III) The motor vehicle is sold as a repossessed or abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government agency or by court order. (iii) A violation of this subparagraph shall also be grounds for suspension or censure of a license under Code Section 43-6-18, and any auction violating this subparagraph may be required by the board to surrender its master tag; or (R) Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chapter; in making determinations under this subparagraph, the board may look at any competent evidence, including, but not limited to, who actually directs the activities at the dealership and who actually receives the proceeds from the dealership; or. 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, 1991.

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BUILDINGS TOILETS, SHOWER HEADS, AND FAUCETS; REQUIREMENTS; EFFECTIVE DATE; SALE OF CERTAIN TOILETS PROHIBITED. Code Section 8-2-3 Amended. No. 416 (House Bill No. 605). AN ACT To amend Code Section 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, so as to change effective dates; to prohibit the sale of certain toilets; 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 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, is amended by striking subsections (b), (d), (g), and (i) of said Code section in their entirety and inserting in lieu thereof the following: (b) After April 1, 1992, 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 flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this 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;

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(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. (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after April 1, 1992, 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. (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to April 1, 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992. (i) Before April 1, 1992, 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 (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority. Section 2. Said Code section is further amended by redesignating subsection (j) as subsection (k) and inserting a new subsection (j) to read as follows: (j) For purposes of this part, after April 1, 1992, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank

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toilet that uses more than an average of 1.6 gallons of water per flush shall be prohibited. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. MUNICIPAL CORPORATIONS CONTRACTS; POPULATION OF NOT LESS THAN 350,000; CLOSING OF MUNICIPAL STREETS; MUNICIPALITY; DEFINITION; MEETINGS; POPULATION OF 350,000 OR MORE. Code Sections 30-30-3, 36-30-12, 36-41-3, and 36-60-10 Amended. No. 417 (House Bill No. 608). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain population; 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 striking subsection (c) of Code Section 36-30-3, relating to ordinances of councils not binding succeeding councils and exceptions thereto, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

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(c) (1) The governing authorities of municipal corporations having a population of not less than 350,000 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 areas, 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 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 350,000 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

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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. Said title is further amended by striking Code Section 36-30-12, relating to the closing of streets adjacent to or through institutions of higher learning in municipalities having a certain population, in its entirety and substituting in lieu thereof a new Code Section 36-30-12 to read as follows: 36-30-12. In all municipal corporations of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and welfare to do so. For the purposes of this Code section, `public safety and welfare' shall be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets. Section 3. Said title is further amended by striking paragraph (11) of Code Section 36-41-3, relating to definitions applicable to the Urban Residential Finance Authorities Act for Large Municipalities, in its entirety and substituting in lieu thereof a new paragraph (11) to read as follows: (11) `Municipality' means any municipal corporation of this state having a population of 350,000 or more according to the United States decennial census of 1980 or any future such census. Section 4. Said title is further amended by striking subsection (a) of Code Section 36-60-10, relating to an annual meeting

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between representatives of certain cities and counties, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Representatives of the governing authority of any county in this state which contains the smaller portion of the population of a city with a total population of 350,000 or more according to the United States decennial census of 1970 or any future such census shall meet annually, prior to January 1, with representatives of the governing authority of such city to develop an agreement between the governing authorities on the following matters: (1) The services to be provided during the following calendar year by the county and by the city to the portion of the city that lies within the county; and (2) The method of dispatching services during the following calendar year to the portion of the city that lies within the county. Agreement on this matter shall provide a uniform procedure for dispatching services and shall include an agreement as to all street addresses in such portion of the city. 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, 1991.

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ORDINANCES UNINCORPORATED AREAS OF COUNTIES; MAXIMUM FINES. Code Section 36-1-20 Amended. No. 418 (House Bill No. 626). AN ACT To amend Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 36-1-20 of the Official Code of Georgia Annotated, relating to ordinances for governing and policing unincorporated areas of the county, is amended by striking subsection (b) of said Code section and inserting in lieu thereof the following: (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 $1,000.00 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 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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RETIREMENT AND PENSIONS POOLING OF FUNDS FOR INVESTMENT BY RETIREMENT SYSTEMS CREATED BY GENERAL LAW. Code Section 47-1-2 Amended. No. 419 (House Bill No. 637). AN ACT To amend Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-1-2 of the Official Code of Georgia Annotated, relating to the pooling of funds by retirement systems for investment purposes, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The boards of trustees or directors, by whatever name known, of any two or more retirement systems created by general law, pursuant to the mutual consent of such boards, may pool their trust funds for the purposes of joint investment. The board of trustees or directors, by whatever name known, of any two or more local retirement systems funded by a single political subdivision may likewise pool their trust funds for the purposes of joint investment. When such pooling occurs, the board of trustees of the managing retirement system shall account for the pooled trust funds in accordance with generally accepted principles of accounting, in order to maintain separate accountability of such funds while under its management.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. SURFACE WATER COOPERATIVE EFFORTS; ABATEMENT; VIOLATIONS; WITHDRAWAL, DIVERSION, OR IMPOUNDMENT. Code Section 12-5-42 Amended. No. 420 (House Bill No. 648). AN ACT To amend Code Section 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water; 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 12-5-42 of the Official Code of Georgia Annotated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, is amended by inserting at the end thereof a new subsection (d) to read as follows: (d) Whenever the division determines that a violation of any provision of this article or any rule or regulation promulgated

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pursuant to this article relating to the withdrawal, diversion, or impoundment of surface water has occurred, the division shall by conference, conciliation, or persuasion attempt to convince the violator to cease such violation. If in the opinion of the director such efforts fail, the director may issue an order to bring about the cessation of such violation. Such order shall specify the alleged violation and shall prescribe a reasonable time for corrective action to be accomplished. Any order issued pursuant to this subsection shall become final unless the person aggrieved requests a hearing in writing before the director not later than 30 days after such order is served. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. TEACHERS RETIREMENT SYSTEM OF GEORGIA EMPLOYER CONTRIBUTIONS; ORDERED MILITARY SERVICE. Code Section 47-3-83 Amended. No. 421 (House Bill No. 656). AN ACT To amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty; 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:

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Section 1. Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) Anything in this chapter to the contrary notwithstanding, an employer contribution shall be made to the account of any member who is required to perform `ordered military duty' in the armed forces as defined in Code Section 38-2-279. The contribution shall be made by the employer for the period during which the member served in the armed forces of the United States and in the same account as would have been contributed by the employer had the member remained in employment under the retirement system without change in compensation during that period. For the purposes of this subsection, the word `employer' means the State of 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 April 11, 1991. AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS QUALIFICATION; MEMBERSHIP. Code Section 2-8-53 Amended. No. 424 (House Bill No. 660). AN ACT To amend Code Section 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one

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person qualifies for a position on the commission, no election shall be required for that position and that person shall automatically become a member of the commission; 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 2-8-53 of the Official Code of Georgia Annotated, relating to membership of the Agricultural Commodity Commission for Peanuts, is amended by striking paragraph (3) of subsection (b) of said Code section and inserting in lieu thereof the following: (3) A person must receive a majority of the votes cast for a position in order to be elected to such position; provided, however, if only one person qualifies for such position, no election shall be required and that person shall automatically become a member of the commission. If no person receives a majority of the votes cast for such position, a run-off election shall be conducted by the commission. Any member may succeed himself as a member of a commission. Members shall have terms of office of three years each and until their respective successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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POLLING PLACES SUMMARIES; CONSTITUTIONAL AMENDMENTS. Code Section 21-2-267 Amended. No. 425 (House Bill No. 670). AN ACT To amend Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Constitution be provided in polling places; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 21-2-267 of the Official Code of Georgia Annotated, relating to equipment at polling places, is amended by adding at the end a new subsection to read as follows: (c) In any general election at which a proposal to amend the Constitution or to provide for a new Constitution is submitted to the electors for ratification, the election superintendent shall provide copies of the summary of such proposal prepared pursuant to Article X, Section I, Paragraph II of the Constitution as provided in this subsection. A reasonable number of copies of such summary shall be conspicuously available in each polling place. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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UNIFORM RULES OF THE ROAD VEHICLES; APPLICATION; PRIVATELY OWNED RESIDENTIAL AREAS; CIRCUMSTANCES. Code Section 40-6-3 Amended. No. 426 (House Bill No. 671). AN ACT To amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residential area under certain circumstances; to provide for such circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-6-3 the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, is amended by striking the word and at the end of paragraph (4) of subsection (a), by striking the period at the end of paragraph (5) of subsection (a) and inserting in its place ; and, and by adding at the end of said subsection (a) a new paragraph (6) to read as follows: (6) (A) Subject to the approval of the governing authority of the county or municipality, the provisions of this chapter shall apply to a vehicle operated within a privately owned residential area located within the corporate boundaries of a municipality or located within the boundaries of a county, provided the owner of the privately owned residential area files with the governing authority of such county or municipality: (i) A petition signed by 50 percent of the property owners located in said subdivision requesting the law enforcement agency of the county or municipality to

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enforce the uniform rules of the road within such privately owned residential area; (ii) A plat delineating the location of roads, streets, and common areas within the privately owned residential area. (B) Upon approval by the governing authority of the county or municipality, the law enforcement agency of such county or municipality shall enforce the uniform rules of the road within said privately owned residential area. (C) All persons operating vehicles on the roads, streets, and common areas of said privately owned residential property shall be subject to all state and local traffic laws and regulations the same as if such private roads, streets, and common areas were public roads and streets. (D) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in a newspaper of general circulation in the area and by posting signs along the private road, streets, and common areas specifying that the county law enforcement agency or municipal law enforcement agency will be enforcing the uniform rules of the roads on said private roads, streets, and common areas. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991.

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COUNTIES REQUIRED PURCHASE OF MATERIALS FROM COUNTY FOR USE ON PRIVATE PROPERTY IN CONSTRUCTION OR REPAIR OF WATER, SEWER, OR STORM OR DRAINAGE SYSTEM OR FACILITIES PROHIBITED. Code Section 36-1-23 Enacted. No. 427 (House Bill No. 693). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to provide that no county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property; to provide for applicability with respect to building, construction, electrical, fire, and other such codes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by striking in its entirety Code Section 36-1-23, which reads as follows: 36-1-23. Reserved., and inserting in lieu thereof a new Code Section 36-1-23 to read as follows: 36-1-23. No county shall require any person who performs services on his property or on private property pursuant to an agreement with an individual, corporation, partnership, association, or other private entity to purchase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or

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other facilities on such property. Nothing in this Code section shall affect the authority of a county to enact building, construction, electrical, fire, or other codes which require materials used in the construction or repair of water systems, sewer systems, storm or drainage systems, buildings, or other facilities to meet or satisfy certain standards. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. CONTACT LENSES SALE BY UNLICENSED PERSONS PROHIBITED. Code Section 31-12-12 Enacted. No. 428 (Senate Bill No. 299). AN ACT To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for elimination of hazardous conditions arising from provision of contact lenses by unlicensed persons; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding at the end thereof a new Code Section 31-12-12 to read as follows: 31-12-12. No person shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate

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user of such contact lenses in this state, except persons licensed and regulated by Chapters 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery. 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, 1991. RAILROAD CROSSINGS STOPPING; VEHICLES CARRYING HAZARDOUS SUBSTANCES. Code Section 40-6-142 Amended. No. 429 (House Bill No. 791). AN ACT To amend Code Section 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehicle carrying hazardous waste or constituents or hazardous acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before proceeding; 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 40-6-142 of the Official Code of Georgia Annotated, relating to certain vehicles to stop at all railroad crossings, is amended by striking subsection (a) of said

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Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire or of any school bus, whether carrying any school children or empty, or of any vehicle carrying explosive substances, flammable liquids, hazardous waste or constituents, or hazardous acidic 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. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1991. ANDERSONVILLE POW MEMORIAL TRAIL DESIGNATED. No. 1 (Senate Resolution No. 213). A RESOLUTION Designating the Andersonville POW Memorial Trail; and for other purposes.

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WHEREAS, Andersonville National Historic Site is unique in the National Park System as the only park to serve as a memorial to all Americans ever held as prisoners of war; and WHEREAS, current U. S. Department of Veterans Affairs records indicate that approximately 80,000 former POW's are still living; and WHEREAS, the prisoner-of-war experience, usually painful and often fatal, is one few men and women are able to share; and WHEREAS, Americans as prisoners of war have faced many trials and tribulations since the days of the Revolutionary War; and WHEREAS, Andersonville National Cemetery, established in 1865, continues to provide a permanent resting place of honor for deceased veterans, many of whom are former prisoners of war; and WHEREAS, many travelers who are interested in seeing this national shrine need more clearly defined directions to Andersonville; and WHEREAS, the designation of a POW Memorial Trail will more clearly define the relationship of the road to the national historic site; and WHEREAS, the people in and around the Andersonville area have indicated their support for redesignating a section of State Route 49 as a memorial to all former prisoners of war. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of Georgia State Highway 49 extending from Fort Valley to Americus be designated as the Andersonville POW Memorial Trail and the section of Georgia State Highway 49 extending from Fort Valley to Americus be redesignated as the Andersonville POW Memorial Trail to serve as a direct route to the national historic site and as a lasting monument to all former POW's, both living and dead.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. Approved April 11, 1991. PARKS, HISTORIC SITES, AND RECREATIONAL AREAS PARKING; PERMITS; FEES; INTENT. Code Section 12-3-10 Amended. No. 430 (House Bill No. 706). AN ACT To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas and natural areas, so as to make parking of vehicles in certain places unlawful; to provide for the posting of signs regulating parking in parks, historic sites, and recreational areas; to express legislative intent concerning the use of parking permit fees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts within parks, historic sites, and recreational areas, is amended by redesignating current subsection (q) as subsection (r) and by adding a new subsection (q) to read as follows: (q) It shall be unlawful for any person to park a vehicle at any place within any park, historic site, or recreational area, including upon the right of way of any county, state, or federal highway which traverses the park, historic site, or recreational area, where signs placed at the direction of the commissioner of

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natural resources or his official designee prohibit parking or condition the privilege of parking upon the purchase and display of a parking permit. The posting of signs at the entrances of a park, historic site, or recreational area designating the places for which a parking permit is required shall constitute sufficient notice for the entire park, historic site, or recreational area. Section 2. The General Assembly recognizes the imminent need for increased funding of maintenance and rehabilitation programs for the facilities and structures of state parks, historic sites, and recreational areas and natural areas. The General Assembly declares its intent to ensure that if the Board of Natural Resources establishes a parking permit requirement for parking at state parks, historic sites, and recreational areas and natural areas, funding provided by the sale of parking permits by the Department of Natural Resources will be used to implement programs of maintenance and rehabilitation of facilities and structures located in the state parks, historic sites, and recreational areas and natural areas. The General Assembly further declares its intent that such funding may be used to carry out all aspects of the programs of maintenance and rehabilitation, including, but not limited to, the employment of personnel and the acquisition of equipment and supplies. No schedule of parking fees shall be effective until adopted under the same procedure as the adoption of rules under the Administrative Procedure Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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ATLANTA JUDICIAL CIRCUIT CHIEF JUDGE; ACT REPEALED. No. 431 (House Bill No. 718). AN ACT To repeal an Act approved April 17, 1963 (Ga. L. 1963, p. 646), providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act approved April 17, 1963 (Ga. L. 1963, p. 646), providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit, is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. MUNICIPAL DETENTION FACILITIES FULL-TIME JAILERS; MUNICIPALITIES OF 6,000 OR LESS. Code Section 42-4-31 Amended. No. 432 (House Bill No. 731). AN ACT To amend Code Section 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facilities shall be authorized to utilize a

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full-time dispatcher as a full-time jailer 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 42-4-31 of the Official Code of Georgia Annotated, relating to safety measures required of persons in charge of certain detention facilities, is amended by striking in its entirety 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 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 in the case of: (1) A municipal detention facility with 12 or fewer inmates incarcerated therein if such dispatcher either: (A) 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 (B) Is provided with temporary assistance or relief from the duties of a dispatcher while performing the duties of a jailer; or (2) A municipal detention facility of a municipal corporation having a population of 6,000 or less if such dispatcher is certified both as a jailer and a dispatcher by the Georgia Peace Officer Standards and Training Council.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACT PARTNERS; INDEMNIFICATION. Code Section 14-9-108 Amended. No. 433 (House Bill No. 739). AN ACT To amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnification of partners and other persons; 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 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, is amended by striking Code Section 14-9-108, relating to indemnification of partners and other persons, and inserting in lieu thereof a new Code Section 14-9-108 to read as follows: 14-9-108. Subject to any limitations expressly set forth in the partnership agreement, a limited partnership may, and shall have the power to, indemnify and hold harmless any partner

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or other person from and against any and all claims and demands whatsoever, provided that the partnership shall not indemnify any person: (1) For intentional misconduct or a knowing violation of law; or (2) For any transaction for which the person received a personal benefit in violation or breach of any provision of the partnership agreement. This Code section shall govern limited partnerships to the exclusion of paragraph (2) of Code Section 14-8-18. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. COMMERCIAL FISHING COMMERCIAL FISHING LICENSES; FORFEITURE BONDS OR AFFIDAVITS; FISHING DAY DEFINED; SHRIMPING; PENALTIES. Code Sections 27-4-110, 27-4-134, and 27-4-138 Amended. No. 434 (House Bill No. 746). AN ACT To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to repeal certain provisions relating to commercial fishing licenses; to define a certain term; to change the penalty for violation of certain provisions relating to unlawful shrimping; to repeal conflicting laws; and for other purposes.

Page 1013

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by striking in its entirety Code Section 27-4-110, relating to the requirement for a commercial fishing license, and inserting in lieu thereof a new Code Section 27-4-110 to read as follows: 27-4-110. It shall be unlawful for any person to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Such license shall be separate and distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8. Section 2. Said chapter is further amended by striking in its entirety subsections (b) and (c) of Code Section 27-4-134, relating to the requirement of a forfeiture bond or affidavit upon application for a commercial fishing boat license where the boat is to be used for fishing with power-drawn nets, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The term of the bond provided for in paragraphs (1) and (2) of subsection (a) of this Code section shall be for one year and shall correspond to the period of the license. When such a bond has been filed, Code Section 27-4-137 shall not apply to the boat covered by the bond. The commissioner shall have the right to recover on the bond for the breach of its conditions whenever said boat is used in violation of Code Section 27-4-133 or any rule or regulation promulgated pursuant thereto, either with or without the knowledge, consent, or acquiescence of the owner of the boat. The recovery shall be: (1) For the first violation, $1,000.00; and (2) For each subsequent violation within the period of any license, $4,000.00. (c) Every breach or violation shall carry over to all succeeding bonds filed under this Code section. The aggregate liability shall not exceed the amount of the bond. However, in the event that the total amount of any bond is forfeited, the commercial fishing boat license shall be suspended until a new

Page 1014

bond in the amount of $10,000.00 is filed covering the remainder of the period of the license. Until the new bond is filed, any commercial use of the boat shall be unlawful; and the owner shall be guilty of a misdemeanor of a high and aggravated nature. Nothing in this subsection shall be construed so as to alter or affect the seizure and condemnation, under Code Section 27-4-137, of any boat not covered by the bonds provided for in paragraphs (1) and (2) of subsection (a) of this Code section. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 27-4-138, relating to penalties for offenses pertaining to the operation of commercial fishing boats engaged in illegal fishing with power-drawn nets, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) As used in this Code section, the term `fishing day' means any day in any period during which the waters of this state are open to commercial shrimping pursuant to Code Section 27-4-133 and any administrative order of the commissioner. (2) Any person on board any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation occurs not more than one-fourth mile within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows: (A) For the first offense, the person shall be fined not less than $500.00; (B) For the second offense, the person shall be fined not less than $1,500.00 and given a mandatory suspension from any commercial fishing for ten fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days.

Page 1015

(3) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133, which violation occurs one-fourth mile or more within any waters which are closed at the time of the violation, shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows: (A) For the first offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days; (B) For the second offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for 120 fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $10,000.00 and given a mandatory suspension from any commercial fishing for one year. (4) Any person who violates a mandatory suspension provided for in paragraphs (2) and (3) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

Page 1016

HEALTH PEER REVIEW ORGANIZATIONS; DEFINITION; CONFIDENTIALITY OF RECORDS. Code Sections 31-7-131 and 31-7-133 Amended. No. 435 (House Bill No. 758). An ACT To amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term review organization as used in such article; to change the provisions relating to confidentiality of a review organization's records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, is amended by striking Code Section 31-7-131, relating to definitions, and inserting in lieu thereof a new Code Section 31-7-131 to read as follows: 31-7-131. As used in this article, the term: (1) `Peer review' means the procedure by which professional health care providers evaluate the quality and effciency of services ordered or performed by other professional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, convalescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations. (2) `Professional health care provider' means an individual who is licensed, or an organization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organizations:

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(A) A physician; (B) A dentist; (C) A podiatrist; (D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; (K) A corporation or other organization operating a hospital, a nursing or convalescent home, or other health care facility; and (L) A rehabilitation supplier registered with the State Board of Workers' Compensation. (3) `Review organization' means the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body or any panel, committee, or organization which is primarily composed of professional health care providers or which provides professional liability insurance for health care providers and which engages in or utilizes peer reviews and gathers and reviews information relating to the care and treatment of patients for the purposes of: (A) Evaluating and improving the quality of health care rendered; (B) Reducing morbidity or mortality; or

Page 1018

(C) Evaluating claims against health care providers or engaging in underwriting decisions in connection with professional liability insurance coverage for health care providers. Section 2. Said article is further amended by striking Code Section 31-7-133, relating to confidentiality of a review organization's records, and inserting in lieu thereof a new Code Section 31-7-133 to read as follows: 31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action arising out of or otherwise directly related to the matters which are the subject of evaluation and review by such organization; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organization or who is a member of such organization be prevented from testifying as to matters within his knowledge; but such witness cannot be asked about his testimony before such organization or about opinions formed by him as a result of the organization hearings. (b) This Code section shall not apply to prevent: (1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accreditation body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; and

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(2) The use of such documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS GUARDIANS OF BENEFICIARIES; COMPENSATION. Code Section 29-6-15 Amended. No. 436 (House Bill No. 760). AN ACT To amend Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veterans Affairs, so as to change the provisions on compensation of guardians; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of beneficiaries of the United States Department of Veterans Affairs, is amended by striking Code Section 29-6-15, relating to compensation of guardians, which reads as follows: 29-6-15. Compensation payable to a guardian appointed under this chapter shall not exceed 5 percent of the income of the ward during any year. In the event that extraordinary services are rendered by the guardian, the court, upon petition and

Page 1020

after hearing thereon, may authorize additional compensation therefor, payable from the estate of the ward. Notice of the petition and hearing shall be given to the proper office of the United States Department of Veterans Affairs not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may also be allowed from the estate of his ward reasonable premiums paid by him to any corporate surety upon his bond., and inserting in lieu thereof a new Code Section 29-6-15 to read as follows: 29-6-15. (a) As compensation for his service, a guardian shall have a commission of 5 percent on all income of the ward during any year. (b) In the event that the ward's monthly service-connected disability compensation payment from the United States Department of Veterans Affairs is discontinued or suspended pursuant to Public Law 101-508, known as the federal Congressional Omnibus Budget Reconciliation Act of 1990, then in that event, the guardian, subject to court approval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by him from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed. (c) In the event that extraordinary services are rendered by the guardian, the court, upon petition and after hearing thereon, may authorize additional compensation therefor, payable from the estate of the ward. Notice of the petition and hearing shall be given to the proper office of the United States Department of Veterans Affairs not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may also be allowed from the estate of his ward

Page 1021

reasonable premiums paid by him to any corporate surety upon his bond. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS DEFINITION; LICENSES; MANAGEMENT OF FUNDS; LOSS RESERVES. Code Title 33, Chapter 47 Enacted. No. 437 (House Bill No. 769). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans; to provide a definition; to provide for licenses; to provide for applicability; to provide for the filing of information and documents with the Commissioner of Insurance; to provide requirements for excess or stop-loss insurance coverage; to provide for the management of funds held by a multiple employer self-insured health plan; to provide for loss reserves; to provide procedures for dissolution; to authorize administrative hearings, orders, and penalties; to authorize rules and regulations; to provide for legislative intent; 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 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by adding at the end thereof a new Chapter 47 to read as follows:

Page 1022

CHAPTER 47 33-47-1. As used in this chapter, the term `multiple employer self-insured health plan' means any plan or arrangement which is established or maintained for the purpose of offering or providing health, dental, or short-term disability benefits to employees of two or more employers but which is not fully insured. A plan or arrangement is considered fully insured only if all benefits payable are guaranteed under a contract or policy of insurance issued by an insurer authorized to transact business in this state. 33-47-2. (a) It is unlawful for any multiple employer self-insured health plan to transact business in this state without a license issued by the Commissioner. Any of the acts described as the transaction of insurance in Code Section 33-1-2, effected by mail or otherwise, by or on behalf of a multiple employer self-insured health plan constitutes the transaction of business in this state. Any multiple employer self-insured health plan which transacts business in this state without the license required by this chapter shall be considered to be an unauthorized insurer within the meaning of Chapter 5 of this title and all remedies and penalties prescribed in such chapter shall be fully applicable. (b) This chapter does not apply to any plan or arrangement established or maintained by municipalities, counties, or other political subdivisions of the state; any multiple employer self-insured health plan which is not subject to the application of state insurance laws under the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq.; to organizations established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254(b) or 254(c), the federal Public Health Service Act; or any other non-profit organization exempt from federal taxation whose primary purpose is providing access to primary health care services for indigent citizens of Georgia. 33-47-3. (a) Application for a license must be made on forms prescribed by the Commissioner. No multiple employer self-insured health plan may be licensed unless it has and maintains a minimum of 250 covered employees.

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(b) Every multiple employer self-insured health plan shall pay to the Commissioner annual license fees, as established by rule or regulation of the Commissioner. (c) Every multiple employer self-insured health plan shall pay to the Commissioner the premium taxes required for insurance companies as set forth in Chapter 8 of this title. (d) The Commissioner shall establish, by rule or regulation, security deposits for multiple employer self-insured health plans. 33-47-4. At the time application for a license is made, the multiple employer self-insured health plan shall file with the Commissioner a copy of the plan's bylaws, all schedules of benefits, and all management, administration, and trust agreements which the plan had made or proposes to make for the conduct of its business and affairs. Any proposed changes or amendments to the foregoing must also be filed with the Commissioner. 33-47-5. A multiple employer self-insured health plan shall include aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurer licensed by the state. Aggregate excess stop-loss coverage shall include provisions to cover incurred, unpaid claim liability in the event of plan termination. The excess or stop-loss insurer shall bear the risk of coverage for any member of the pool that becomes insolvent with outstanding contributions due. In addition, the plan shall have a participating employer's fund in an amount at least equal to the point at which the excess or stop-loss insurer shall assume 100 percent of additional liability. A plan shall submit its proposed excess or stop-loss insurance contract to the Commissioner at least 30 days prior to the proposed plan's effective date and at least 30 days subsequent to any renewal date. The Commissioner shall review the contract to determine whether it meets the standards established by this chapter and respond within a 30 day period. Any excess or stop-loss insurance plan cannot be canceled without 90 days' notice to the insured and the Commissioner.

Page 1024

33-47-6. Funds collected from the participating employers under multiple employer self-insured health plans must be held in trust subject to the following requirements: (1) A board of trustees elected by participating employers must serve as fund managers on behalf of participants. Trustees must be plan participants. No participating employer may be represented by more than one trustee. A minimum of three and a maximum of seven trustees may be elected. Trustees may not receive remuneration but they may be reimbursed for actual and reasonable expenses incurred in connection with duties as trustee; (2) Trustees must be bonded in an amount not less than $150,000.00 from a licensed surety company; (3) Investment of plan funds is subject to the same restrictions which are applicable to insurers as provided in Chapter 11 of this title; and (4) Trustees, on behalf of the plan, shall file an annual report with the Commissioner by March 1 showing the condition and affairs of the plan as of the preceding December 31. The report must be made on forms prescribed by the Commissioner. The report shall summarize the financial condition of the fund, itemize collections from participating employers, detail all fund expenditures, and provide any additional information which the Commissioner requires. 33-47-7. (a) A plan shall establish loss reserves for all incurred losses, both reported and unreported, for expenses and for unearned premiums in a manner and amount established by the Commissioner by rule or regulation. (b) A plan also shall establish a surplus account equal to the greater of: (1) Three times the average paid monthly premium during the plan's most recent fund year; (2) For plans which do not yet have one fund year's experience, three times the estimated monthly premium; or

Page 1025

(3) One hundred thousand dollars. 33-47-8. Every multiple employer self-insured health plan shall be subject to examination in accordance with Chapter 2 of this title. 33-47-9. (a) A plan that desires to cease existence shall apply to the Commissioner for authority to dissolve. Applications to dissolve must be on forms prescribed by the Commissioner and must be approved or disapproved by the Commissioner within 60 days of receipt. Dissolution without authorization is prohibited and does not absolve a plan or its participants from fulfilling the plan's continuing obligations. An application to dissolve must be granted if either of the following conditions is met: (1) The plan demonstrates that it has no outstanding liabilities, including incurred but not reported liabilities; or (2) The plan has obtained an irrevocable commitment from a licensed insurer which provides for payment of all outstanding liabilities and for providing all related services, including payment of claims, preparation of reports, and administration of transactions associated with the period when the plan provided coverage. (b) Upon dissolution, after payment of all outstanding liabilities and indebtedness, the assets of the plan must be distributed to all employers participating in the plan during the last five years immediately preceding dissolution. The distributive share of each employer must be in the proportion that all contributions made by the employer during such five-year period bear to the total contributions made by all participating employers during such five-year period. 33-47-10. The Commissioner may promulgate rules or regulations which are necessary to implement the provisions of this chapter and to ensure the safe and proper operation of multiple employer self-insured health plans in this state. 33-47-11. (a) If the Commissioner is of the opinion that a multiple employer self-insured health plan is in an unsound condition, that it has failed to comply with the law or any applicable

Page 1026

rule or regulations or orders issued by the Commissioner, or that it is in a condition which renders its proceedings hazardous to the public or to persons covered under the plan, the Commissioner may, after a hearing, revoke or suspend the license of the plan or, in lieu thereof, impose a monetary penalty in accordance with Chapter 2 of this title. (b) If the Commissioner is of the opinion that any of the grounds set forth in the subsection (a) of this Code section exists, he may commence delinquency proceedings against the plan and supervise, rehabilitate, or liquidate the plan in accordance with the procedures set forth in Chapter 37 of this title. 33-47-12. It is the intent of the General Assembly that a multiple employer self-insured health plan be created and maintained by and for the benefit of participating employers and operated under their exclusive management and control. This chapter is not intended to permit third-party administrators or other entrepreneurial promoters to establish a trust or plan and then proceed to solicit employers as participants. It is specifically intended that the impetus for the creation of the plan must come from the employers themselves, and the employers must at all times exercise absolute control over the management and conduct of the plan's business and affairs. 33-47-13. All multiple employer self-insured health plans who have member employees in this state as of July 1, 1991, shall have until October 1, 1991, to make all filings necessary to comply with this chapter. 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 12, 1991.

Page 1027

PRIVATE DETECTIVES AND PRIVATE SECURITY BUSINESSES LICENSES; QUALIFICATIONS; SUSPENSIONS; EXCEPTIONS. Code Sections 43-38-6, 43-38-11.1, and 43-38-14 Amended. No. 438 (House Bill No. 772). AN ACT To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license; to provide for the suspension of licensees who have prior felony convictions; to revise exceptions to licensing requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, is amended by striking subsections (a) and (b) of Code Section 43-38-6, relating to the issuance of licenses generally, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Any individual, firm, association, company, partnership, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the joint-secretary for a license therefor. If the applicant is a firm, association, company, partnership, or corporation, the person filing the application on behalf of such firm, association, company, partnership, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, or partnership; and such individual shall meet the qualifications set out in this Code section. (b) Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this chapter or, if the applicant is a firm, association, company,

Page 1028

partnership, or corporation, upon being satisfied of the good character, competency, and integrity of the corporate officer of such corporation or officer of such firm, association, or partnership, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, or corporation if: (1) The applicant is at least 18 years of age; (2) The applicant is a citizen of the United States or a registered resident alien; (3) The applicant is of good moral character; (4) The applicant has not been convicted of a felony or any cirme involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant; (5) The applicant has not committed an act constituting dishonesty or fraud; (6) The applicant has satisfied the board that his private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve; (7) The applicant for a private detective company license has had at least two years' experience as a private detective with a licensed detective agency, or has had at least two years' experience in law enforcement; and the applicant for a security company license has had at least two years' experience as a supervisor or administrator in inhouse

Page 1029

security operations or with a licensed security agency, or has had at least two years' experience in law enforcement; (8) The applicants for private detective company licenses and security company licenses may be required to pass successfully a written examination as the board may prescribe; and (9) The applicant meets such other qualifications as the board may prescribe by rule. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-38-11.1, relating to suspension of license, and inserting in lieu thereof a new subsection (a) to read as follows: (a) After proper notification, the board may suspend the license, registration, or weapons permit of any licensee, registrant, or weapons permit holder without a prior hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or weapons permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11, is found to have had a prior felony conviction, or is currently under a first offender sentence for a felony crime that was not reported on the application for licensure or registration. Section 3. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 43-38-14, relating to exceptions, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A person engaged in the business of furnishing information in connection with credit, employment, marketing, or other business decisions or transactions, and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act;

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Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. JUVENILE COURTS JURISDICTION; SERIOUS TRAFFIC OFFENSES; JUVENILE TRAFFIC OFFENSES; REPORTS TO DEPARTMENT OF PUBLIC SAFETY. Code Sections 15-11-35 and 15-11-49 Amended. No. 439 (House Bill No. 785). 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 imposition of fines for serious traffic offenses; to grant exclusive jurisdiction over traffic offenses committed by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense; to provide for exceptions; to clarify circumstances and procedures under which offenses are to be reported to the Department of Public Safety; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (a) of Code Section 15-11-35, relating to disposition of a delinquent child, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

Page 1031

(a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to his treatment, rehabilitation, and welfare: (1) Any order authorized by Code Section 15-11-34 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of: (A) The probation officer of the court or the court of another state as provided in Code Section 15-11-46; (B) Any public agency authorized by law to receive and provide care for the child; or (C) The chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the supervision of the child; (3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority; (4) An order committing the child to the Department of Human Resources; (5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Division of Youth Services. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Division of Youth Services. In the event that the child changes his place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while

Page 1032

such child is in placement at a youth development center unless the director of the Division of Youth Services certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or his or her family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order; (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; or (7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of controlled substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act. Section 2. Said article is further amended by striking Code Section 15-11-49, relating to juvenile traffic offenses, in its entirety and inserting in lieu thereof a new Code Section 15-11-49 to read as follows: 15-11-49. (a) Definition. Except as provided in subsection (c) of this Code section, a juvenile traffic offense consists of a violation by a person under the age of 17 of: (1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or

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(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge. (b) Jurisdiction. Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic court offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses. (c) Exceptions. The following offenses shall be delinquent offenses, and shall not be handled as juvenile traffic offenses: homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, possession of a controlled substance or marijuana, and any other offense for which driving privileges may be suspended or revoked for an adult. (d) Nature of offense. A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (h) of this Code section. (e) Procedure. The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 15-11-18 and 15-11-21 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case. (f) Hearing. The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the

Page 1034

accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public. (g) Disposition. If the court finds on the admission of the child or upon the evidence that he committed the offense charged, it may make one or more of the following orders: (1) Reprimand, counsel, or warn the child and his parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section; (2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Public Safety to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school conducted by the Department of Public Safety or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time; (4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; (5) Require the child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-35 or 15-11-36; or (7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-35.

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(h) Fines. If a fine is assessed under paragraph (4) of subsection (g) of this Code section, such fine shall be subject to all additions and penalties as specified under this title and Title 47. (i) Transfer to delinquency calendar. In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act. (j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Public Safety; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and his parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Public Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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PRESTIGE PLATES RETIRED VETERANS; ARMED FORCES. Code Section 40-2-85.1 Enacted. No. 440 (House Bill No. 788). 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 motor vehicle license plates for certain persons and vehicles, so as to provide for special license plates for retired veterans of the armed forces of the United States; to provide for procedures and qualifications for the issuance of such license plates; to provide for the transfer of such license plates between vehicles; to provide for renewal; 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 motor vehicle license plates for certain persons and vehicles, is amended by adding at the end thereof a new Code Section 40-2-85.1 to read as follows: 40-2-85.1 (a) Motor vehicle owners who are retired veterans of the armed forces of the United States shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, 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. (b) A retired 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

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plates 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 by 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 the 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 owners as retired veterans of the armed forces of the United States. (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 retired 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 retired veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county

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name decal shall be affixed and displayed on license plates issued under this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. LOCAL BOARDS OF EDUCATION EMPLOYEES; SICK LEAVE BANKS OR POOLS. Code Section 20-2-850 Amended. No. 441 (House Bill No. 793). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to revise the provisions relating to sick leave banks or pools of voluntarily contributed employee sick leave days; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking paragraph (2) of subsection (c) in its entirety and substituting in lieu thereof new pharagraphs (2) and (3) to read as follows: (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy. Any other

Page 1039

provisions of this part or any other laws to the contrary notwithstanding, state allotted sick leave days funded pursuant to the provisions of subsection (f) of Code Section 20-2-182 may be contributed to or withdrawn from a local board of education sick leave bank or pool subject to the following requirements: (A) Each employee may contribute only up to a maximum of 45 state funded sick leave days to the bank or pool, but each employee may contribute as many locally funded sick leave days as provided for by local board of education policy; and (B) Each employee shall be entitled to withdraw from the bank or pool as many state and locally funded sick leave days as provided for by local board of education policy. (3) Local boards of education shall maintain for each employee an accurate, complete, and up-to-date record of all state and locally funded sick leave days contributed to and withdrawn from the sick leave bank or pool, and such record shall show a separate accounting for state funded and locally funded sick leave days. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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WIRETAPPING, EAVESDROPPING, AND SURVEILLANCE PERSONS; EXEMPTION. Code Section 16-11-65 Amended. No. 442 (House Bill No. 798). AN ACT To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to add additional persons who may be exempt from the provisions of part of said part when permitted as provided therein; 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 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking Code Section 16-11-65, relating to a license to intercept telephonic communications, and inserting in lieu thereof the following: 16-11-65. (a) Nothing contained within Code Section 16-11-62 shall prohibit the employment and use of any equipment or device which is owned by any person or is furnished by any telephone company authorized to do business in this state under proper tariffs filed with and approved by the Georgia Public Service Commission which may be attached to any telephonic equipment of any user of or subscriber to such equipment which permits the interception of telephonic communications solely for the purposes of business service improvement when the user of or subscriber to such facilities and equipment has duly applied for and obtained from the Georgia Public Service Commission a license for the employment and installation of the equipment. No license shall be issued until the application has demonstrated to the commission a clear, apparent, and logically reasonable need for the use of the equipment in connection with a legitimate business activity of the user or subscriber and demonstrated to the satisfaction

Page 1041

of the commission that it will be operated by persons of good moral character and that the equipment will be used in a lawful manner and in conformity with the tariffs filed for the equipment. The commission is authorized to establish the necessary procedures to be employed and followed in applying for such permits and to require from the user or subscriber of such equipment the furnishing of any reasonable information required by the commission in regard to the intended and actual use of the equipment. (b) The Georgia Public Service Commission is authorized to revoke any license and to order any owner of such equipment or any telephone company supplying such equipment to remove from the premises of the licensee the equipment when it is established to the satisfaction of the commission that the equipment is being used in an unlawful manner contrary to the tariff applicable to the equipment or in a manner contrary to the purposes and uses for which the license had been issued. Such licenses may also be revoked by the commission if it is subsequently discovered that a material misrepresentation of fact has been made in applying for the license. The commission is authorized to promulgate such rules and regulations in connection with the licensing and revocation thereof of such users of such equipment as will enable it to carry out the purposes, duties, and responsibilities imposed upon the commission by this Code section. Such rules and regulations shall afford to any aggrieved licensee an opportunity to a full and impartial hearing before the commission. The commission shall further have the authority to adopt any and all appropriate rules and regulations of any sort to ensure the privacy of telephonic and telegraphic communications. A violation of such rules and regulations shall be a violation of this part. (c) All telephone companies shall have printed in a conspicuously accessible location within their directories a notice to the public that there is available without cost at the business office of the telephone company served by the directory a list of subscribers of such equipment which will be made available to any member of the general public requesting the same from such companies. (d) The provisions of this part shall not apply to acts by duly authorized employees of any telephone company regulated

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by the Georgia Public Service Commission, with regard to the reasonable and limited intercepting of telephone communications under circumstances reasonably calculated to assure the privacy of telephone communications when such interception is accomplished solely for the purpose of maintaining the quality of service furnished to the public or for the purpose of preventing the unlawful use of telephone service. All such telephone companies shall adopt regulations and procedures consistent with the requirements of this Code section governing the use of equipment which permits the interception of telephone messages by their employees and file the same with the commission. After being filed with the commission, such regulations and procedures shall be public records. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. CHATTAHOOCHEE RIVER PHOSPHORUS LIMITS FOR WASTE WATER DISCHARGED INTO THE RIVER. Code Section 12-5-23.2 Enacted. No. 443 (House Bill No. 814). 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 establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992; to provide for exceptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, is amended by adding, following Code Section 12-5-23.1, a new Code Section 12-5-23.2 to read as follows: 12-5-23.2. Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from any such water pollution control plant on or after January 1, 1992, which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23; provided, however, that, notwithstanding the provisions of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order, but in no event shall compliance with the discharge limitation provided by this Code section be extended beyond July 4, 1996, and the order shall require that person to make his best efforts to achieve compliance with the discharge limitation by December 31, 1993. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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DEVELOPMENT AUTHORITIES SURPLUS FUNDS; PROMOTION OF INDUSTRY, AGRICULTURE, AND TRADE. Code Section 36-62-6 Amended. No. 444 (House Bill No. 820). AN ACT To amend Code Section 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the Development Authorities Law, so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade; 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 36-62-6 of the Official Code of Georgia Annotated, relating to general powers of authorities under the Development Authorities Law, is amended by striking the word and immediately following the semicolon at the end of paragraph (15); by renumbering paragraph (16) as paragraph (17); and by inserting a new paragraph (16) to read as follows: (16) To expend for the promotion of industry, agriculture, and trade within its area of operations any funds of the authority determined by the authority to be in excess of those needed for the other corporate purposes of the authority; and. 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 parpts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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GEORGIA COMPUTER SYSTEMS PROTECTION ACT DEFINITIONS; CRIMINAL OFFENSES; LIABILITY; PENALTIES; REMEDIES AND DAMAGES. Code Title 16, Chapter 9, Article 6 Amended. No. 445 (House Bill No. 822). AN ACT To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to repeal the existing Georgia Computer Systems Protection Act and enact a new Georgia Computer Systems Protection Act; to provide for legislative intent; to provide for definitions; to provide for criminal liability and penalties for the crimes of computer theft, computer trespass, computer invasion of privacy, computer forgery, and computer password disclosure; to provide for civil remedies and damages; to provide for venue; 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 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, is amended by repealing in its entirety Article 6, the Georgia Computer Systems Protection Act, and inserting in its place a new Article 6 to read as follows: ARTICLE 6 16-9-90. This article may be cited as the `Georgia Computer Systems Protection Act.' 16-9-91. The General Assembly finds that: (1) Computer related crime is a growing problem in the government and in the private sector;

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(2) Such crime occurs at great cost to the public, since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime; (3) The opportunities for computer related crimes in state programs, and in other entities which operate within the state, through the introduction of fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information files, and stealing of financial instruments, data, or other assets are great; (4) Computer related crime operations have a direct effect on state commerce; (5) Liability for computer crimes should be imposed on all persons, as that term is defined in this title; and (6) The prosecution of persons engaged in computer related crime is difficult under previously existing Georgia criminal statutes. 16-9-92. As used in this article, the term: (1) `Computer' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device or system performing computer operations with or on data and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; but such term does not include an automated typewriter or typesetter, portable hand-held calculator, household appliance, or other similar device that is not used to communicate with or to manipulate any other computer. (2) `Computer network' means a set of related, remotely connected computers and any communications facilities with the function and purpose of transmitting data among them through the communications facilities. (3) `Computer operation' means computing, classifying, transmitting, receiving, retrieving, originating, switching, storing, displaying, manifesting, measuring, detecting,

Page 1047

recording, reproducing, handling, or utilizing any form of data for business, scientific, control, or other purposes. (4) `Computer program' means one or more statements or instructions composed and structured in a form acceptable to a computer that, when executed by a computer in actual or modified form, cause the computer to perform one or more computer operations. The term `computer program' shall include all associated procedures and documentation, whether or not such procedures and documentation are in human readable form. (5) `Data' includes any representation of information, intelligence, or data in any fixed medium, including documentation, computer printouts, magnetic storage media, punched cards, storage in a computer, or transmission by a computer network. (6) `Financial instruments' includes any check, draft, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction-authorizing mechanism, or marketable security, or any computer representation thereof. (7) `Property' includes computers, computer networks, computer programs, data, financial instruments, and services. (8) `Services' includes computer time or services or data processing services. (9) `Use' includes causing or attempting to cause: (A) A computer or computer network to perform or to stop performing computer operations; (B) The obstruction, interruption, malfunction, or denial of the use of a computer, computer network, computer program, or data; or (C) A person to put false information into a computer.

Page 1048

(10) `Victim expenditure' means any expenditure reasonably and necessarily incurred by the owner to verify that a computer, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by unauthorized use. (11) `Without authority' includes the use of a computer or computer network in a manner that exceeds any right or permission granted by the owner of the computer or computer network. 16-9-93. (a) Computer Theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of: (1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession; (2) Obtaining property by any deceitful means or artful practice; or (3) Converting property to such person's use in violation of an agreement or other known legal obligation to make a specified application or disposition of such property shall be guilty of the crime of computer theft. (b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of: (1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer netwrok; (2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or (3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists

Page 1049

shall be guilty of the crime of computer trespass. (c) Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy. (d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or computer network, who, if such person had created, altered, or deleted a tangible document or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or instrument. (e) Computer Password Disclosure. Any person who discloses a number, code, password, or other means of access to a computer or computer network knowing that such disclosure is without authority and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of computer password disclosure. (f) Article not Exclusive. The provisions of this article shall not be construed to preclude the applicability of any other law which presently applies or may in the future apply to any transaction or course of conduct which violates this article. (g) Civil Relief; Damages. (1) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, `damages' shall include loss of profits and victim expenditure. (2) At the request of any party to an action brought pursuant to this Code section, the court shall by reasonable

Page 1050

means conduct all legal proceedings in such a way as to protect the secrecy and security of any computer, computer network, data, or computer program involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. (3) The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. (4) A civil action under this Code section must be brought within four years after the violation is discovered or by exercise of reasonable diligence should have been discovered. For purposes of this article, a continuing violation of any one subsection of this Code section by any person constitutes a single violation by such person. (h) Criminal Penalties. (1) Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both. (2) Any person convicted of computer password disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both. 16-9-94. For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In the county of the principal place of business in this state of the owner of a computer, computer network, or any part thereof; and, (2) In any county in which any person alleged to have violated any provision of this article had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation; and,

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(3) In any county in which any act was performed in furtherance of any transaction which violated this article; and, (4) In any county from which, to which, or through which any use of a computer or computer network was made, whether by wires, electro-magnetic waves, microwaves, or any other means of communication. 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 12, 1991. PROBATION CIVIL ACTIONS FOR COLLECTION OF CRIMINAL PENALTIES, RESTITUTION, AND REPARATION; DEPOSIT OF COURT COSTS. Code Sections 9-15-4, 15-6-77, and 42-8-34.2 Amended. No. 446 (House Bill No. 823). AN ACT To amend Code Section 42-8-34.2 of the Official Code of Georgia Annotated, relating to civil actions and remedies for the collection of fines, costs, restitution, and reparation ordered as a condition of probation, so as to provide that no deposit of court costs shall be required for such civil actions and remedies; to provide for collection of court costs from funds paid into court; to make conforming amendments to Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits of court costs, and Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-8-34.2 of the Official Code of Georgia Annotated, relating to civil actions and remedies for the collection of fines, costs, restitution, and reparation ordered as a condition of probation, is amended by adding at its end a new subsection (c) to read as follows: (c) No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court. Section 2. Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits of court costs, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2. Section 3. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, is amended by striking paragraph (4) of subsection (b) and inserting in its place a new paragraph (4) to read as follows: (4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of

Page 1053

the state, its agencies, or political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. AGRICULTURAL PRODUCTS DEALERS; DEFINITION; DAIRY PRODUCTS; BONDS; EXCEPTIONS. Code Sections 2-9-1, 2-9-5, and 2-9-15 Amended. No. 447 (House Bill No. 844). AN ACT To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products; to provide who shall be required to post bond; to provide an exception; 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 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in lieu thereof the following:

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(1) `Agricultural products' includes fruits, vegetables, eggs, dairy products, and pecans but does not include cotton, tobacco, grains, and other basic farm crops. Section 2. Said article is further amended by striking Code Section 2-9-5, relating to bond required of dealers in agricultural products, in its entirety and inserting in lieu thereof the following: 2-9-5. Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state. The bond shall be in the amount of at least $1,000.00 or in such greater amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. For the purpose of the purchase of dairy products, the above-referenced bond shall be required of any person, firm, or corporation that shall engage in the business of purchasing dairy products from producers or cooperative associations for the purpose of manufacturing, pasteurizing, or distributing dairy products. The Commissioner may make an exception to this bond requirement for any person, firm, or corporation that shall purchase dairy products from producers or cooperative associations, provided that 85 percent of the full payment is made within 15 days following receipt of the dairy products by the purchaser from the producer or cooperative association. Section 3. Said article is further amended by striking paragraph (1) of Code Section 2-9-15, relating to the applicability of this article, and inserting in lieu thereof the following:

Page 1055

(1) Farmers in the sale of agricultural products grown or produced by themselves;. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. LIFE INSURANCE INTEREST ON PROCEEDS OR PAYMENTS. Code Section 33-25-10 Amended. No. 448 (House Bill No. 845). AN ACT To amend Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to revise provisions relative to the computation of interest; to change a rate of interest; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-25-10 of the Official Code of Georgia Annotated, relating to payment of interest or proceeds or payments under certain insurance policies, is amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows: (b) Interest payable pursuant to subsection (a) of this Code section shall be computed from the insured's death until the date of payment and shall be at the following rate of interest:

Page 1056

(1) In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or (2) In the event a claim is made and no such action has been commenced, interest shall be computed daily at the greater of the rate of 12 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. DENTISTRY LISTING OF ALL PRACTICING DENTISTS NOT REQUIRED; POSTING OF NAMES AT ENTRY OF LOCATION. Code Section 43-11-18 Amended. No. 449 (House Bill No. 849). AN ACT To amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertisements, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place; to provide that the names of all dentists practicing at a location will be supplied to any person who inquires; to provide that a list containing the name of each dentist practicing at a specific location shall be posted at the entry of such location; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1057

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, is amended by striking in its entirety Code Section 43-11-18, relating to advertising requirements, and inserting in its place a new Code Section 43-11-18 to read as follows: 43-11-18. All signs, cards, announcements, advertisements, or methods used to state or imply that dentistry may or will be done by anyone at any place in this state shall be required to list the full name of at least one individual practicing dentistry in such place; provided, however, that the names of all dentists practicing at a location shall be supplied to any person who inquires, and a list containing the names of all dentists practicing at a location shall be posted at the entry of such location. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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MOTOR VEHICLES TRANSPORTING BIOHAZARDOUS SUBSTANCES; MARKED WITH SIGN OR PLACARD. Code Section 40-6-253 Enacted. No. 450 (House Bill No. 886). AN ACT To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, so as to require vehicles used to transport certain substances to be marked in a certain way; to define a term; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uniform rules of the road, is amended by inserting at the end thereof a new Code Section 40-6-253 to read as follows: 40-6-253. (a) As used in this Code section, the term `etiologic agent' means any tissue, body fluid, or any other biological material which has the potential to transmit illness or disease or other harm upon contact, ingestion, or inhalation. (b) Any vehicle while transporting any etiologic agent or any biomedical waste as such term is defined in Code Section 12-8-22 in this state shall be clearly marked on both sides and on the back with a sign or placard bearing the internationally recognized symbol designated for use in this state by the Environmental Protection Division of the Department of Natural Resources denoting biohazardous material, not less than 12 inches in height and red in color on a white background, and the words `BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background.

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(c) Violation of the provisions of this Code section shall constitute a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. MENTAL HEALTH ADMINISTRATION OF LAWS; DEPARTMENT OF HUMAN RESOURCES; RECORDS; CHIEF MEDICAL OFFICERS; DISCHARGE OF PATIENTS; PSYCHOLOGISTS; EXAMINATION; TREATMENT; PRIVILEGED COMMUNICATIONS; LIABILITY. Code Title 37 Amended. No. 451 (House Bill No. 889). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records; to provide for examinations and reproduction of records; to provide for confidentiality of certain records; to change the provisions relating to chief medical officers of certain facilities and the powers and duties thereof; to provide for designees and the powers and duties thereof; to change the provisions relating to discharges of voluntary and involuntary patients; to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide that certain provisions of said title are not mandatory but are discretionary; to change the provisions regarding discharge of patients; to change certain provisions

Page 1060

relating to emergency treatment; to provide patients and clients with the ability to secure the services of a private psychologist; to change the composition and quorum requirements of certain committees; to provide for the release of certain records to psychologists; to provide for the scope of privileged communications with physicians and psychologists; to provide a definition of psychologist and provide for statutory construction; to provide for immunity from liability of psychologists; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding, following Code Section 37-2-11.1, a new Code Section 37-2-11.2 to read as follows: 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human Resources or a county board of health shall be required to provide the department or the appropriate county board of health or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any county board of health unless otherwise specifically authorized by law. Section 2. Said title is further amended by striking subsection (a) of Code Section 37-3-21, relating to discharge of voluntary patients upon recovery or termination of the need for hospitalization and notices of discharge, and inserting in lieu thereof a new subsection (a) to read as follows:

Page 1061

(a) The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. The chief medical officer may designate in writing another physician, who may be the attending physician, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the designee concur, the decision of the designee will be final. Section 3. Said title is further amended by striking Code Section 37-3-85, relating to periodic review of the individualized service plan and the procedure upon termination of the need for involuntary treatment and notices, and inserting in lieu thereof a new Code Section 37-3-85 to read as follows: 37-3-85. (a) Each individualized service plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer, after consideration of the recommendations of the treatment team, no longer to be a mentally ill person requiring involuntary inpatient treatment, the chief medical officer may: (1) Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section 37-3-95;

Page 1062

(2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-3-81.1 and subject to the conditions of Code Section 37-3-95; or (3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-3-24. (c) The chief medical officer may designate in writing another physician, who may be the attending physician, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the designee concur, the decision of the designee will be final. (d) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. Section 4. Said title is further amended by striking subsection (a) of Code Section 37-7-21, relating to discharge of voluntary patients upon recovery or termination of the need for hospitalization and notices of discharge, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his alcoholism, drug dependency, or drug abuse or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or

Page 1063

others. The chief medical officer may designate in writing another physician, who may be the attending physician, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the designee concur, the decision of the designee will be final. Section 5. Said title is further amended by striking Code Section 37-7-85, relating to periodic review of the individualized treatment plan and the procedure upon termination of the need for involuntary treatment and notices, and inserting in lieu thereof a new Code Section 37-7-85 to read as follows: 37-7-85. (a) Each individualized treatment plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer, after consideration of the recommendations of the treatment team, no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary inpatient treatment, the chief medical officer may: (1) Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section 37-7-95; (2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-7-81.1 and subject to the conditions of Code Section 37-7-95; or

Page 1064

(3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-7-24. (c) The chief medical officer may designate in writing another physician, who may be the attending physician, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team, the issue must go to the chief medical officer for final determination. Where the treatment team and the designee concur, the decision of the designee will be final. (d) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. Section 6. Said title is further amended by adding after paragraph (6) of Code Section 37-1-1, relating to definitions used in said title, a new paragraph to read as follows: (6.1) `Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1. Section 7. Said title is further amended by adding after Code Section 37-1-23 a new Code section to read as follows: 37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function. Section 8. Said title is further amended by adding after paragraph (14) of Code Section 37-3-1, relating to definitions regarding mental health, a new paragraph to read as follows:

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(14.1) `Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1. Section 9. Said title is further amended by striking subsection (a) of Code Section 37-3-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows: (a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81. Section 10. Said title is further amended by striking Code Section 37-3-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:

Page 1066

37-3-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section. Section 11. Said title is further amended by striking subsection (c) of Code Section 37-3-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows: (c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. Section 12. Said title is further amended by striking Code Section 37-3-61, relating to petitions for court ordered evaluation,

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and inserting in its place a new Code section to read as follows: 37-3-61. Proceedings for a court ordered evaluation may be initiated in the following manner: (1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and (2) Any person may file with the court a petition executed under oath alleging that a person within the county is a mentally ill person requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be a mentally ill person requiring involuntary treatment and that a full evaluation of the patient is necessary. Section 13. Said title is further amended by striking Code Section 37-3-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows: 37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those

Page 1068

outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless: (1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or (B) The patient is admitted for involuntary inpatient treatment under Code Section 37-3-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. (b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient;

Page 1069

and, if the patient was admitted to the evalauting facility under Code Section 37-3-62, to the court that ordered the evaluation. Section 14. Said title is further amended by striking subsection (a) of Code Section 37-3-81, relating to the procedure for the detention of mentally ill patients beyond the evaluation period, and inserting in its place a new subsection to read as follows: (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately

Page 1070

to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section. Section 15. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-3-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows: (2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;.

Page 1071

Section 16. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows: (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician or psychologist in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41. (b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpatient service plan, the physician or psychologist in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which

Page 1072

would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center. A physician may execute a certificate under the conditions specified therefor in Code Section 37-3-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable. Section 17. Said title is further amended by striking subsections (c) and (e) of Code Section 37-3-83, relating to the procedure for continued involuntary hospitalization of mentally ill persons, and inserting in their respective places new subsections to read as follows: (c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case. (e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following; the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable

Page 1073

efforts to interview the patient and report to the committee. The physician or psychologist proposing the treatment plan shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the physician or psychologist proposing the treatment plan or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. Section 18. Said title is further amended by striking subsection (b) of Code Section 37-3-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows: (b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall: (1) Update the patient's individualized service plan; (2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the

Page 1074

patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel. Section 19. Said title is further amended by striking subsection (b) of Code Section 37-3-94, relating to reviews of individual service plans, and inserting in its place a new subsection to read as follows: (b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment. Section 20. Said title is further amended by striking Code Section 37-3-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows: 37-3-162. (a) Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity. (b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives. (c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his

Page 1075

condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing. (d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist. (e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. Section 21. Said title is further amended by striking paragraphs (1) and (6) of subsection (a) of Code Section 37-3-166, relating to the maintenance, confidentiality, and release of clinical records of mentally ill persons, and inserting in their respective places new paragraphs to read as follows: (1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient; (6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist;. Section 22. Said title is further amended by striking from said Code Section 37-3-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows: (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist

Page 1076

who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. Section 23. Said title is further amended by striking Code Section 37-3-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows: 37-3-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization. Section 24. Said title is further amended by striking Code Section 37-4-6, relating to immunity of certain persons for actions taken in compliance with Chapter 4 of Title 37, and inserting in its place a new Code section to read as follows: 37-4-6. Any physician, psychologist, peace officer, attorney, or health official or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to the `Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31 who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his

Page 1077

actions in connection with the admission of a client to a facility or the discharge of a client from a facility. Section 25. Said title is further amended by striking subsection (d) of Code Section 37-4-122, relating to rights of clients to habilitation, and inserting in its place a new subsection to read as follows: (d) If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The superintendent is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician or psychologist. Section 26. Said title is further amended by striking subsections (b) and (c) of Code Section 37-4-125, relating to confidentiality of records of mentally retarded persons, and inserting in their respective places new subsections to read as follows: (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. Section 27. Said title is further amended by adding after paragraph (17) of Code Section 37-7-1, relating to definitions regarding treatment of alcoholic or drug dependent persons, a new paragraph to read as follows:

Page 1078

(17.1) `Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1. Section 28. Said title is further amended by striking subsection (a) of Code Section 37-7-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows: (a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-7-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81. Section 29. Said title is further amended by striking Code Section 37-7-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:

Page 1079

37-7-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section. Section 30. Said title is further amended by striking subsection (c) of Code Section 37-7-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows: (c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. Section 31. Said title is further amended by striking Code Section 37-7-61, relating to petitions for court ordered evaluation,

Page 1080

and inserting in its place a new Code section to read as follows: 37-7-61. Proceedings for a court ordered evaluation may be initiated in the following manner: (1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and (2) Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary. Section 32. Said title is further amended by striking Code Section 37-7-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows: 37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a)(3)(B) of Code Section 37-7-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent person, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1),

Page 1081

(2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless: (1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-7-20; or (B) The patient is admitted for involuntary inpatient treatment under Code Section 37-7-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. (b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility

Page 1082

received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation. Section 33. Said title is further amended by striking subsection (a) of Code Section 37-7-81, relating to the procedure for the detention of patients beyond the evaluation period, and inserting in its place a new subsection to read as follows: (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) A notice that a hearing will be held and the time and place thereof;

Page 1083

(2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section. Section 34. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-7-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows: (2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court

Page 1084

shall order the patient to obtain that treatment and shall discharge the patient subject to such order. Section 35. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows: (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician or psychologist in charge of the patient's outpatient treatment plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41. (b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpatient treatment plan, the physician in charge of the outpatient treatment plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being

Page 1085

taken into the custody of that center or facility unless the examining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center. A physician may execute a certificate under the conditions specified therefor in Code Section 37-7-43, if the examination is done in an emergency receiving facility. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable. Section 36. Said title is further amended by striking subsections (c) and (e) of Code Section 37-7-83, relating to the procedure for continued involuntary hospitalization of persons, and inserting in their respective places new subsections to read as follows: (c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case. (e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present

Page 1086

any alternative individualized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The physician or psychologist proposing the treatment plan shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the physician or psychologist proposing the treatment plan or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. Section 37. Said title is further amended by striking subsection (b) of Code Section 37-7-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows: (b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall: (1) Update the patient's individualized treatment plan; (2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request

Page 1087

for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel. Section 38. Said title is further amended by striking subsection (b) of Code Section 37-7-94, relating to reviews of individual treatment plans, and inserting in its place a new subsection to read as follows: (b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall discharge the patient from further complicance with the treatment. Section 39. Said title is further amended by striking Code Section 37-7-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows: 37-7-162. (a) Each patient in a facility and each person receiving services for alcoholism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity. (b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable

Page 1088

access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives. (c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing. (d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist. (e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission. Section 40. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new paragraph to read as follows: (5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist; Section 41. Said title is further amended by striking from said Code Section 37-7-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows:

Page 1089

(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. Section 42. Said title is further amended by striking Code Section 37-7-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows: 37-7-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization. Section 43. Sections 1 through 5 of this Act and this section 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, 1991. Section 44. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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UNAUTHORIZED INSURERS SERVICE OF PROCESS; COMMISSIONER OF INSURANCE. Code Sections 33-5-53 and 33-5-54 Amended. No. 452 (House Bill No. 902). AN ACT To amend Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of unauthorized insurers, is amended by adding to Code Section 33-5-53, relating to service of action and process upon the Commissioner of Insurance, a new subsection (c) to read as follows: (c) Service upon the Commissioner pursuant to this Code section shall only be made when service pursuant to the manner provided in Code Section 33-5-54 cannot be effectuated. Section 2. Said chapter is further amended by striking Code Section 33-5-54, relating to service of process upon a solicitor, collector, or other agent of the insurer, in its entirety and inserting in its place a new Code Section 33-5-54 to read as follows: 33-5-54. Service of process in any action or proceeding shall be valid if served upon any person within this state who, in this state on behalf of the insurer, is:

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(1) Soliciting insurance; (2) Making, issuing, or delivering any contract of insurance; or (3) Collecting or receiving any premium, membership fee, assessment, or other consideration for insurance and a copy of the process is sent within ten days thereafter by registered or certified mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant; and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with the requirements of this Code section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within such further time as the court may allow. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE APPLICABILITY OF CHAPTER; LOAN TRANSACTION. Code Section 33-31-2 Amended. No. 453 (House Bill No. 906). AN ACT To amend Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, so as to provide for the applicability of said Chapter 31 to life and accident and sickness insurance sold on and after July 1, 1991; to provide that the provisions of said Chapter 31 shall not apply to such insurance sold on and after July 1, 1991, in connection with a loan or credit transaction of more than ten years' duration; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 31 of Title 33 of the Official Code of Georgia Annotated, relating to credit life insurance and credit accident and sickness insurance, is amended by striking Code Section 33-31-2, relating to the applicability of said chapter, in its entirety and inserting in its place a new Code Section 33-31-2 to read as follows: 33-31-2. (a) Except as provided otherwise in subsection (c) of this Code section, all life insurance and all accident and sickness insurance sold in connection with loans or other credit transactions pursuant to a plan covering all debtors of a creditor or a class or classes of debtors shall be subject to this chapter, except such insurance sold in connection with a loan or other credit transaction of five years' duration or more. (b) Nothing in this chapter is intended to prohibit or discourage reasonable competition.

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(c) All life insurance and all accident and sickness insurance sold on and after July 1, 1991, in connection with loans or other credit transactions pursuant to a plan covering all debtors of a creditor or a class or classes of debtors shall be subject to this chapter, except such insurance sold on and after July 1, 1991, in connection with a loan or other credit transaction of more than ten years' duration. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY CONVICTION DATA; OFFICERS AND EMPLOYEES; CONTRACTS; REGULATIONS; CRIMINAL PENALTIES; POLICE AND SECURITY FORCE. Code Sections 10-9-9, 10-9-14, and 10-9-15 Amended. No. 454 (House Bill No. 928). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the Geo. L. Smith II Georgia World Congress Center Act, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority to obtain and use conviction data, under certain conditions, concerning its officers and employees and prospective officers and employees; to provide that contracts or other agreements for use of the projects of the authority shall not be assignable or transferable without the consent of the authority; to prohibit certain activities within the authority's projects and adjacent areas; to provide that the authority may adopt regulations governing use of its projects and adjacent areas; to provide for criminal penalties; to provide for cumulative authority; to provide for a police and security force and its jurisdiction and powers; to

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provide for contracting for security services; to provide for training agreements; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the Geo. L. Smith II Georgia World Congress Center Act, is amended by adding at the end of Code Section 10-9-9, relating to officers and employees of the authority, a new subsection (e) which shall read as follows: (e) The authority shall be authorized to obtain conviction data with respect to its officers and employees or prospective officers and employees. For such purpose, the authority may submit to the Georgia Crime Information Center two complete sets of fingerprints of the officer or employee or the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of Bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the authority in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the authority shall be used by it for the exclusive purpose of making employment decisions, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the authority pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, `conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought.

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Section 2. Said chapter is further amended by adding at the end of Code Section 10-9-14, relating to use of the projects of the authority, the following new subsections which shall read as follows: (c) A contract between the authority and any tenant, lessee, licensee, user, exhibitor, concessionaire, franchisee, or vendor and any consent otherwise granted by the authority for the use of or conduct of any activity within any project of or under the control and management of the authority shall not be exercisable or enforceable against the authority without the consent of the authority by any person except the person named in such contract. No such contract or consent shall be assignable or transferrable to any other person without the consent of the authority. (d) The authority shall have the power to adopt reasonable rules and regulations governing the use during an event period of sidewalks and public streets immediately adjacent to any project of or under the control and management of the authority so as to ensure the safe and orderly operation of the project and such areas, to prevent disruption of and interference with the conduct of such event, and to prevent public solicitation or public distribution of literature which is competitive with the activities of the person to whom the authority has granted the right conduct such event. (e) No person shall be authorized to engage publicly in any commercial activity or sale of goods or services, the public solicitation of commercial activity or the sale of goods or services, or begging, panhandling, or other public solicitation of funds for any purpose or the public distribution of literature within the boundaries of any project of or under the control and management of the authority without the prior express written consent of the authority and then only in accordance with the consent so given. (f) No person shall be authorized to engage during any event period in any public commercial activity or the sale of goods or services, the public solicitation of commercial activity or sale of goods or services, or begging, panhandling, or other public solicitation of funds for any purpose, or the public distribution of literature upon or within sidewalks or public

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streets adjacent to any project of or under the control and management of the authority without the prior written consent of the authority and then only in accordance with the consent so given. (g) Any person who shall violate the provisions of subsection (e) or (f) of this Code section shall be guilty of a misdemeanor. (h) As used in this Code section, `event period' means the period on any day on which an event has been scheduled by or under contract with the authority within any project of or under the management and control of the authority beginning two hours prior to the scheduled start of such event on that day and ending one hour after the closing of such event on that day. (i) The provisions of this Code section are cumulative and shall not be in derogation of the rights and powers of the authority to control access to and use of any project of or under the control and management of the authority or applicable civil or criminal remedies or penalties otherwise provided by law. Section 3. Said chapter is further amended by striking subsection (d) of Code Section 10-9-15, relating to the authority's ensuring maximum use of the project, which reads as follows: (d) (1) The authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the authority. The security guards employed, as provided by this subsection, shall be employees of and compensated by the authority. The security guards employed pursuant to the provisions of this Code section shall be charged with the duty of protecting and preserving the property under the management and control of the authority and the prevention, detection, and investigation of offenses committed thereon. Security guards so employed by the authority shall not be subject to Chapter 8 of Title 35 but may apply for and obtain certification thereunder. Any security guard so employed who is a candidate for or who has obtained certification under Chapter 8 of Title 35 shall, in addition, have powers to arrest all persons committing offenses thereon

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and to possess and carry weapons while on duty, but only while in the performance of his duties and only while upon the property or in connection with the property under the control of the authority. (2) Under such terms and conditions as the authority and the Board of Public Safety may by agreement establish, the Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the authority as may be appropriate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, offered to police officers by the Georgia Police Academy. Nothing in this Code section shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under Chapter 8 of Title 35., and inserting in lieu thereof a new subsection (d) which shall read as follows: (d) (1) The authority shall be authorized to establish the Georgia World Congress Center Police to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties or projects of the authority or as may be under the management and control of the authority. The police officers of the Georgia World Congress Center Police shall be subject to Chapter 8 of Title 35. Subject to rules and regulations of the authority, any person employed as a police officer of the Georgia World Congress Center Police who is accepted as a candidate for or who has obtained certification under Chapter 8 of Title 35 shall have powers to possess and carry firearms and to exercise such other powers and duties as are possessed by a police officer or other peace officer employed by the county or the municipality in which the properties of or under the control and management of the authority are located, and without limitation of the foregoing, shall have the powers of protecting and preserving the properties or projects of or under the management and control of the authority and, within such properties and projects and

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within the boundaries of any public street or sidewalk adjacent to any such property or projects or which area is otherwise subject to regulation by the authority, have the powers of protecting persons, of enforcing law and order, of controlling pedestrian and vehicular traffic, and of prevention, detection, and investigation of offenses committed thereon. (2) The authority shall be authorized to establish the Security Guard Division of the Georgia World Congress Center Police and to employ and assign security guards to the division. Security guards so assigned shall not be subject to Chapter 8 of Title 35. Subject to rules and regulations of the authority, security guards shall have the powers of protecting and preserving the properties in projects of or under the management and control of the authority and within such properties or projects and within the boundaries of any public street or sidewalk adjacent to any such property or projects, or which is otherwise subject to regulation by the authority, have the powers of protecting persons, enforcing law and order, controlling pedestrian and vehicular traffic, and of the prevention, detection and investigation of offenses committed thereon and for those purposes shall be authorized to exercise such powers as are authorized by law for security guards employed by the Georgia Building Authority and subsection (f) of Code Section 50-9-9. (3) The authority may contract for the provision of security services to the property or areas subject to control of the authority: (A) With any state, county, or municipal government, agency, or authority police or security force; (B) Subject to regulations of such police or security force, with the members of such force; and (C) With any private person authorized and licensed to provide such services. (4) Under such term and conditions as may be established by agreement with such agencies, the Board of Public

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Safety through the Georgia Police Academy or the Peace Officers Standards and Training Council may provide such limited or specialized training to police officers or security guards employed by the authority as may be appropriate to the responsibilities and powers vested in such police officers or security guards. Nothing in this Code section shall limit the duty of the Peace Officers Standards and Training Council or the Georgia Police Academy to provide training necessary for certification under Chapter 8 of Title 35. (5) Law enforcement officers employed by the state or the county or municipality in which properties, projects, or facilities of or under the control or management of the authority are located may with respect to the police officers and security guards provided for under this subsection, exercise: (A) Concurrent law enforcement jurisdiction over protecting and preserving such properties, projects, or facilities; and (B) The power to enforce law and order and in the event of conflict shall have jurisdiction over such Authority police officers and security guards on law enforcement matters and investigation of offenses committed on such properties, projects or facilities. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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BUSINESS DEVELOPMENT CORPORATIONS LOANS; TERMS AND CONDITIONS. Code Section 7-1-745 Amended. No. 455 (Senate Bill No. 34). AN ACT To amend Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-745 of the Official Code of Georgia Annotated, relating to the powers of business development corporations, is amended by striking paragraph (4) in its entirety and inserting in its place a new paragraph (4) to read as follows: (4) To make loans to any person or corporation and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; Section 2. This Act shall apply to all loan applications received on or after July 1, 1991, by a business development corporation organized pursuant to Article 6 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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MERCHANTS CREDIT CARD PURCHASES; TELEPHONE NUMBERS; CHECKS; CREDIT CARD NUMBERS; PROHIBITED; EXCEPTIONS. Code Section 10-1-393.3 Enacted. Code Section 10-1-397 Amended. No. 456 (Senate Bill No. 39). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card; to prohibit a merchant from using a purchaser's credit card to imprint information on a check or draft of the purchase as a condition of acceptance of such check or draft; to prohibit a merchant from recording a purchaser's credit card number as a condition of acceptance of a purchaser's check or draft; to provide that a merchant shall not be prohibited from requesting the display of a credit card under certain conditions; to provide that a merchant shall not be prohibited from recording certain credit card information under certain conditions; to provide a definition; to provide a penalty; to provide for cease and desist orders or civil penalties to be issued by the administrator of Consumer Affairs with respect to the violation of certain provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, is amended by adding immediately following Code Section 10-1-393.2 a new Code section, to be designated Code Section 10-1-393.3, to read as follows: 10-1-393.3. (a) As used in this Code section, the term `merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.

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(b) A merchant shall be prohibited from requiring a purchaser to provide the purchaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card. (c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase. (d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase. (e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part. (f) This Code section shall not prohibit a merchant from: (1) Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant. (2) Requesting a purchaser to display a credit or charge card as a means of identification, or as an indication of credit worthiness or financial responsibility; or (3) Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or (4) Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods, or for special orders of consumer goods or services.

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(g) This Code section shall not require acceptance of a check or draft because a credit card is presented. Section 2. Said part is further amended by striking the introductory language of subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or civil penalties, and inserting in lieu thereof new introductory language to read as follows: (a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may: Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. REVENUE BOND LAW VALIDATION OF MAXIMUM INTEREST RATE; PRINCIPAL AND INTEREST PAYMENT. Code Section 36-82-75 Amended. No. 457 (Senate Bill No. 42). AN ACT To amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the Revenue Bond Law, so as to allow for the validation of a maximum interest rate and a maximum annual principal and interest payment; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the Revenue Bond Law, is amended by striking Code Section 36-82-75, relating to duties of the district attorney and Attorney General in revenue bond validation proceedings, in its entirety and inserting in lieu thereof a new Code section to read as follows: 36-82-75. Within 20 days from the date of service of the notice provided for in Code Section 36-82-74, the district attorney or the Attorney General shall prepare and file, in the office of the clerk of the superior court of the county issuing the bonds or of the county in which the governmental body is located, a petition directed to the superior court of such county in the name of the state and against the governmental body desiring to issue the revenue bonds. The petition shall set forth service of the notice, the name of the governmental body seeking to issue the bonds, the amount of bonds to be issued, for what purpose the bonds are to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when the bonds are to be paid in full, and the security to be pledged to the payment of the bonds; provided, however, the petition may provide for a maximum interest rate and a maximum annual principal and interest payment. The district attorney or the Attorney General shall obtain from the judge of the court an order requiring the governmental body by its proper officers to show cause, at such time and place, either in term or chambers, within 20 days from the filing of the petition, as the judge may direct, why the bonds and the security for the payment thereof should not be confirmed and validated. The petition and order shall be served in the manner now provided by law for the service of petitions upon counties, governmental bodies, or political subdivisions. The officers of the governmental body shall make sworn answers to the petition within the time prescribed.

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Section 2. This Act shall be effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA BOARD OF COMMISSIONERS; ADDITIONAL MEMBER; APPOINTMENT; TERM. Code Section 47-11-20 Amended. No. 458 (Senate Bill No. 46). AN ACT To amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for an additional member on the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court; to provide for the appointment of such additional member; to provide for terms of office; to provide for vacancies in the office of such additional member; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-11-20, relating to the creation

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and membership of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia, and inserting in lieu thereof a new Code Section 47-11-20 to read as follows: 47-11-20. (a) There is created the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. The board shall consist of seven members as follows: (1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; (3) Four judges of the probate courts who are members of the fund; and (4) One appointee of the Governor who is a member of the fund and a retired judge of the probate court. (b) (1) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: one such member shall be appointed for one year; one such member shall be appointed for a term of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (2) The member of the board provided for by paragraph (4) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on October 1, 1991, for an initial term of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. Each such member shall serve until his successor is appointed and qualified. Each such member shall be eligible for reappointment to successive terms of office as a member of the board.

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(c) The board shall elect a chairman from among its own membership to serve for a term as chairman established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board appointed by the Governor, the remaining members of the board shall appoint a judge of the probate court who is a member of the fund to fill such vacancy for the unexpired term; provided, however, that with respect to a vacancy in the membership of the board provided for by paragraph (4) of subsection (a) of this Code section, the person appointed to fill such vacancy for the unexpired term shall be a retired judge of the probate court who is a member of the fund. (e) The Judges of the Probate Courts Group of the County Officers Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Judges of the Probate Courts Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Judges of the Probate Courts Group. Section 2. 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 12, 1991.

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SEXUAL ASSAULT PROBATIONER OR PAROLEE. Code Section 16-6-5.1 Amended. No. 459 (Senate Bill No. 57). AN ACT To amend Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of a probation or parole officer and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to sexual assault against a person in custody, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A probation or parole officer, or other custodian or supervisor of another person referred to in this section commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or 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. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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MOTOR VEHICLES AND TRAFFIC FETICIDE BY VEHICLE IN THE FIRST DEGREE; FETICIDE BY VEHICLE IN THE SECOND DEGREE. Code Section 40-6-393.1 Enacted. No. 460 (Senate Bill No. 58). AN ACT To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding between Code Sections 40-6-393 and 40-6-394 a new Code Section 40-6-393.1 to read as follows: 40-6-393.1. (a) (1) A person commits the offense of feticide by vehicle in the first degree if he causes the death of an unborn child so far developed as to be ordinarily called `quick' by any injury to the mother of such child through the violation of Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in subsection (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years. (b) (1) A person commits the offense of feticide by vehicle in the second degree if he causes the death of an

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unborn child so far developed as to be ordinarily called `quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. AD VALOREM TAXES REAL ESTATE TRANSFER TAX FORM; FILING AS A RETURN; ASSESSMENTS; APPEALS; NOTICES. Code Sections 48-5-15 and 48-5-311 Amended. No. 461 (Senate Bill No. 103). AN ACT To amend 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 provide that the filing of a certain real estate transfer tax form shall serve as a return of real property for ad valorem tax purposes; to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to provide for other matters relative thereto; to

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provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new subsection at the end of Code Section 48-5-15, relating to returns of taxable real property, to be designated subsection (d), to read as follows: (d) The filing of a real estate transfer tax form in conjunction with the payment of the real estate transfer tax required under Article 1 of Chapter 6 of this title containing the information otherwise required for a return of real property under this Code section shall serve as a return of such real property under this Code section. Section 2. Said chapter is further amended by striking paragraphs (1) through (3) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in their place new paragraphs (1) through (3) to read as follows: (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions, in the manner provided in paragraph (2) of this subsection. (2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 30 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number,

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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. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (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 and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization 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. (3) Reserved. Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991, and shall apply to an appeal from an assessment by a county board of tax assessors which is filed on or after that date.

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(b) Section 1 of this Act and this section shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1991. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. BINGO GAMES APPLICANTS FOR LICENSES AND OPERATORS; FINGERPRINTS; PHOTOGRAPHS. Code Section 16-12-53 Amended. No. 462 (Senate Bill No. 120). 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 provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to licensing procedures and requirements for bingo games, is amended by striking subsection (d) which reads as follows: (d) When a nonprofit, tax-exempt organization operating bingo games has gross receipts of $100.00 or less during

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each bingo session and each calendar day and pays prizes having a value of $100.00 or less during each bingo session and each calendar day, 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., and inserting in its place a new subsection (d) to read as follows: (d) When a nonprofit, tax-exempt organization which operates or intends to operate bingo games for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which gross receipts are or will be limited to $100.00 or less during each bingo session and pays or will pay 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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EGGS STANDARDS AND LABELING; REGULATION OF SALES. Code Sections 26-2-260 through 26-2-274 Amended. No. 463 (Senate Bill No. 126). AN ACT To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change the provisions relating to eggs; to provide for definitions; to provide for classification of eggs; to provide for the gathering, washing, packing, labeling, packaging, transportation, storage, display, and sale of eggs and requirements related thereto; to provide for size and weight classes; to provide for tolerances; to provide for quality classifications; to adopt certain federal standards, grades, and weight classes; to provide for the registration of wholesalers, commission merchants, brokers, retailers, and dealers; to provide for and require the licensing of wholesalers and egg handlers; to provide for suspension and revocation of licenses; to provide for exemptions; to provide for and regulate the sale or offering for sale of eggs; to repeal certain inspection fees and requirements for monthly sales reports; to redesignate certain Code sections and correct cross-references; to change the provisions relating to information labels on containers of eggs; to provide for refrigeration of eggs and the grading and packing thereof; to provide for other matters relating to eggs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking Article 8, relating to eggs, and inserting in lieu thereof a new Article 8 to read as follows: ARTICLE 8 26-2-260. As used in this article, the term:

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(1) `Cold storage' means protected storage in a refrigerated place. (2) `Commerce' means interstate, foreign, or intrastate commerce. (3) `Commissioner' means the Commissioner of Agriculture of the State of Georgia. (4) `Department' means the Department of Agriculture of the State of Georgia. (5) `Egg' means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea. (6) `Egg handler' means any person who engages in any business in commerce which involves buying or selling any eggs, as a poultry producer or otherwise, processing any egg products, or otherwise using any eggs in the preparation of human food. (7) `Egg product' means any dried, frozen, or liquid eggs, with or without added ingredients, except products which contain eggs only in a relatively small proportion or which historically have not been considered by consumers as products of the egg food industry. (8) `Quality' means the inherent properties of any product which determine its relative degree of excellence. (9) `Wholesaler' means any person, firm, corporation, association, dealer, or broker selling or offering for sale, in or into this state, more than five cases of eggs in any one week. 26-2-261. (a) Within the intent and purpose of this article, eggs classified as: (1) Storage eggs shall be construed to mean eggs which have been in cold storage for a period of 31 days or longer;

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(2) Fresh eggs shall be construed to mean eggs which have been held in cold storage not longer than 30 days from the date they were packed. (b) Each container of eggs must be labeled to show size or weight class and standard of quality. (c) All eggs sold or offered for sale by dealers, as designated by this article, shall be graded as to net weight and standards of quality. (1) The size or weight classes shall be: Size or Weight Classes Minimum Net Wt. Doz.(Oz.) Min. Net Wt. For Indv. Eggs at Rate Per Doz.(Oz.) Min. Net Wt. Per 30 Doz.(Lbs.) Jumbo 30 29 56 Extra Large 27 26 50 1/2 Large 24 23 45 Medium 21 20 39 1/2 Small 18 17 34 Pee Wee 15 14 28 The weight tolerance, per dozen, where eggs are sold at retail, shall be not more than two eggs of the minimum net weight for individual eggs at the rate per dozen. Not more than 5 percent tolerance of the minimum net weight for individual eggs at the rate per dozen shall be allowed where eggs are sold in wholesale lots. (2) The quality classifications for individual eggs shall be: (A) Grade AA:

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(i) Shell: clean, unbroken, practically normal. (ii) Air cell: one-eighth inch or less in depth, unlimited movement, and free or bubbly. (iii) Yolk: outline slightly defined, practically free from defects. (iv) White: firm, clear. (B) Grade A: (i) Shell: clean, unbroken, practically normal. (ii) Air cell: three-sixteenth inch or less in depth, unlimited movement, and free or bubbly. (iii) Yolk: outline fairly well defined, practically free from defects. (iv) White: reasonably firm, clear. (C) Grade B: (i) Shell: clean to slightly stained (but not more than one-thirtysecond of surface if localized or one-sixteenth of surface if scattered), unbroken, abnormal. (ii) Air cell: over three-sixteenth inch in depth, unlimited movement, and free or bubbly. (iii) Yolk: outline plainly visible, enlarged and flattened, clearly visible germ development but no blood, other serious defects. (iv) White: weak and watery, small blood and meat spots present (but not more than one-eighth inch in diameter aggregate). (d) The U. S. Standards, Grades, and Weight Classes for Shell Eggs, Part 56, Subpart C, Paragraphs 56,216 and 56,217

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established pursuant to the federal Agricultural Marketing Act of 1946 are adopted by reference. (e) All of the classifications indicated in this Code section shall be determined by candling. 26-2-262. All wholesalers, commission merchants, brokers, retailers, and dealers of any kind or character who desire to sell or offer eggs for sale in this state shall first file with the Commissioner of Agriculture, upon forms furnished by the Commissioner, the name of the firm or person desiring to offer eggs for sale either by themselves or by their agent, together with the address of said firm or person and the type or kind of eggs to be offered for sale. 26-2-263. (a) It shall be unlawful for any person to engage in business as a wholesaler or as an egg handler without first obtaining a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, known as the `Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked and shall not be transferable with respect to persons or location. There shall be no fee for such license. (b) Food sales establishments licensed under Article 2 of Chapter 2 of Title 26, known as the `Georgia Food Act,' and shell egg handlers registered under the United States Department of Agriculture shell egg surveillance inspection program shall be exempt from the provisions of subsection (a) of this Code section. 26-2-264. It shall be unlawful for any wholesaler, commission merchant, broker, retailer, or dealer of eggs, either by himself or by his agent, to offer for sale in this state any eggs if this article has not been complied with, provided that nothing in this Code section shall be construed to repeal the exemption given the producer in the sale of commodities of his own production from taxation and licensing by existing laws.

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26-2-265. All dealers, wholesale or retail, shall be required to furnish to the Department of Agriculture upon request a copy of the invoice of each sale of eggs, the copy of invoice to show the person or firm to whom the sale was made, the address of such person or firm, and the kind and quantity involved in such sale, provided that nothing contained in this Code section shall be construed to require the filing of a copy of the invoice of a sale to a consumer. 26-2-266. (a) The Commissioner of Agriculture shall instruct the agricultural sanitarians and agricultural inspectors of the Department of Agriculture to carry out this article. The Commissioner is authorized in his discretion to select and appoint such other additional assistants as in his judgment he deems necessary to enforce this article. (b) All such employees of the Department of Agriculture are authorized to confiscate and destroy all eggs found to be unfit for human consumption. 26-2-267. The Commissioner of Agriculture is authorized to promulgate, issue, and set up such additional rules, regulations, grades, standards, or otherwise as in his judgment are necessary to carry out the intent and purpose of this article. The sanitarians and inspectors authorized in Code Section 26-2-266 are authorized to exercise all the authority, powers, and privileges now delegated to the duly authorized food inspectors of the Department of Agriculture by existing law. 26-2-268. (a) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case and on this label shall be legibly printed or stamped, in letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date, which shall not exceed 30 days from the date packed; the size and grade of the eggs; and either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The name of the state of origin may be given. When eggs are sold in cartons, the cartons must show the date packed or the expiration date, which shall not exceed 30 days from the date packed, and the grade and size, together with either the name and

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address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The state of origin may also be given. (b) Abbreviations of any words in the classification or in designating the grade and size shall not be permitted. The information pertaining to the grade and size shall be shown in legible letters not less than one-fourth of an inch in size. The information pertaining to the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code and the date packed or expiration date shall be legibly given. All wording on egg cases and egg cartons must be in the English language and must have prior approval from the Georgia Department of Agriculture before using. (c) Words or phrases tending to becloud or nullify the proper classification of eggs shall not be permitted. Each word of the classification, including the name of the state of origin, shall appear in the same size type and color in any printed advertisement. Abbreviations of any word in the classification or in designating the size and grade to which eggs belong shall not be permitted. Every person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise shall set forth in the advertisement the classification as to size and grade of the eggs offered for sale. The classification shall be set forth in letters equal in size to those advertising the eggs for sale. 26-2-269. All eggs offered for sale at retail shall be properly classified in accordance with the following specifications: (1) A heavy cardboard or placard, not less than eight by eleven inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight; (2) The name of the state of origin of eggs may appear on the placard;

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(3) The placard shall not be required when eggs are packed in properly labeled cartons. The eggs therein shall be required to come up to the standard as placarded; and (4) Restaurants, hotels, or other eating places shall be required to display a placard where it can be easily seen by customers or, in lieu thereof, to place this information on the menu. 26-2-270. The Commissioner of Agriculture is authorized to enter into reciprocal marketing agreements with other states to vary the labeling requirements provided in this article. Such agreements shall not vary the standards of quality and weights provided in this article, it being the purpose and intent of this Code section to promote and encourage interstate marketing of eggs and to authorize variations of labeling as required in this article where such variations will promote and encourage the marketing of eggs. 26-2-271. (a) Inspectors or sanitarians of the Department of Agriculture, upon determining that this article or the rules and regulations promulgated for its enforcement are being violated, may put `Withhold From Sale Orders' on all eggs being sold or offered for sale in violation of this article or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action. (b) Eggs upon which `Withhold From Sale Orders' have been issued shall not be sold or otherwise disposed of until such `Withhold From Sale Orders' have been canceled by the Commissioner or his duly authorized agents. The cost of the inspection and release shall be paid by the offender. 26-2-272. Each candler and grader of eggs offered for sale shall obtain a license from the Department of Agriculture at no cost, after demonstrating to the satisfaction of the department his capability and qualifications as an egg candler and grader. The Commissioner of Agriculture is authorized to establish by rule and regulation the minimum qualifications for egg candlers and graders. With the approval of the Commissioner, any person may candle and grade eggs not to exceed 14 days, pending licensing by the department, provided that during this period the employer of such temporary candler and grader shall be

Page 1123

accountable for the actions of such candler and grader while acting in such capacity. 26-2-273. (a) All shell egg producers shall refrigerate eggs upon gathering such eggs. Eggs shall be graded and packed within a reasonable period of time from gathering. (b) After washing, processing, and packaging, eggs shall be transported, stored, and displayed at an ambient temperature not to exceed 45 degrees Farenheit until sold at retail or used by any commercial establishment or public institution. 26-2-274. Any person, firm, or corporation who violates any provisions of this article shall be guilty of a misdemeanor. It shall be the duty of the prosecuting attorney of the appropriate court to prosecute all persons charged with the violation of this article as soon as the evidence has been transmitted to them by the Commissioner of Agriculture. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. CORPORATIONS INSURABLE INTEREST IN LIFE OR PHYSICAL OR MENTAL ABILITY OF DIRECTORS, OFFICERS, OR EMPLOYEES. Code Section 33-24-3 Amended. No. 464 (Senate Bill No. 154). AN ACT To amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of obtaining personal insurance, so

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as to clarify the intent of the law that any corporation, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries; to provide that the trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any of the directors, officers, or employees of the corporation or the directors, officers, or employees of any subsidiaries of the corporation as does the corporation; to replace existing statutory language with new language that clarifies the legislative intent; to provide that certain charitable institutions shall have an insurable interest in the life of any donor; 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 33-24-3 of the Official Code of Georgia Annotated, relating to the requirements for finding an insurable interest for purposes of obtaining personal insurance, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him at the time of his death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees,

Page 1125

retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. Section 2. Said Code section is further amended by adding a new subsection (f) to read as follows: (f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor. 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, 1991. STATE GOVERNMENT ANNUAL REPORTS OF PUBLIC OFFICIALS AND AGENCIES TO THE GENERAL ASSEMBLY; METHOD OF PROVIDING. Code Section 45-6-4 Amended. No. 465 (Senate Bill No. 176). AN ACT To amend Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, is amended by striking Code Section 45-6-4, relating to mailing annual reports to members of the General Assembly, and inserting in its place a new Code Section 45-6-4 to read as follows: 45-6-4. Each state official directed by law to file an annual report shall send by inter-office mail a notification that such report is available upon request to each member of the General Assembly at his legislative office at the state capitol, on or before June 1 of each year. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. PERSONAL PROPERTY DAMAGE OR THEFT; LIQUIDATED EXEMPLARY DAMAGES. Code Section 51-10-6 Amended. No. 466 (Senate Bill No. 184). AN ACT To amend Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of liquidated exemplary damages in actions pursuant to this Code section in which the claim value does not exceed $5,000.00; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 51-10-6 of the Official Code of Georgia Annotated, relating to the owner's right of action for damage to or theft involving personal property, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph to read as follows: (2) In any such action in which the value of the total claim, including exemplary damages, is less than $5,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $150.00 or twice the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater, and the cost of maintaining the civil action if all of the following apply: (A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, for payment of the value of that personal property, the amount of any other loss sustained as a result of the willful damage or theft offense, and the liquidated exemplary damages set out in this paragraph upon the person who willfully damaged the property or who committed the theft offense; (B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand or did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and (C) The property owner did not file a civil complaint against the person who willfully damaged the personal

Page 1128

property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable. Section 2. Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The person or persons against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support. Section 3. Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows: `Upon reasonable cause, notice is given of (my) (our) demand for payment of damages in the amount of (state amount claimed: total should be $150.00 or twice the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner): (List affected property)..... Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you

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receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus attorney's fees, plus court costs, and such other relief as the law provides. .....' Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. LONG-TERM CARE FACILITIES RESIDENTS; IRREVOCABLE LETTERS OF CREDIT. Code Section 31-8-115 Amended. No. 467 (Senate Bill No. 186). AN ACT To amend Code Section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facilities, so as to provide for irrevocable letters of credit instead of bonds for certain purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 31-8-115 of the Official Code of Georgia Annotated, relating to use of payments made on behalf of residents of long-term care facilities, is amended by striking paragraph (6) of subsection (b) thereof and inserting in its place a new paragraph to read as follows: 31-8-115. (6) Each facility shall obtain an irrevocable letter of credit from a bank or savings and loan association, as defined in Code Section 7-1-4, or purchase a surety bond at

Page 1130

least in the amount of the funds to guarantee the security of residents' funds. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. GEOLOGISTS QUALIFICATIONS; CERTIFICATION IN A SPECIALTY; SEALS. Code Sections 43-19-12, 43-19-18, and 43-19-19 Amended. No. 468 (Senate Bill No. 188). AN ACT To amend Chapter 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals; 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 19 of Title 43 of the Official Code of Georgia Annotated, relating to geologists, is amended by striking paragraph (3) of Code Section 43-19-12, relating to qualifications of applicants, in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Have at least seven years of professional geological work which shall include a minimum of three years of professional geological work under the supervision of a registered

Page 1131

geologist, a registered civil engineer, or other supervision acceptable to the board. The following criteria of education and experience qualify, as specified, toward accumulation of the required seven years of professional geological work: (A) Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study shall count as a year of training; (B) Credit for undergraduate study, graduate study, and graduate courses, individually or in any combination thereof, shall in no case exceed a total of four years toward meeting the requirements for at least seven years of professional geological work as set forth above; (C) The board may consider, in lieu of the above professional geological work as set out in this paragraph, the cumulative total of professional geological work or geological research of persons teaching at the college or university level, provided that such work or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to the professional requirements required; (D) The ability of the applicant shall have been demonstrated by his having performed the work in a responsible position as determined by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it; and. Section 2. Said chapter is further amended by striking Code Section 43-19-18, relating to certification in a specialty, in its entirety and inserting in lieu thereof the following: 43-19-18. (a) In addition to registering as a geologist, qualified persons may also be eligible for certification in a specialty. Such specialties may be created by the board by regulation, with such regulations to contain any required additional qualifications. Only a registered geologist is eligible for certification in a specialty. Application may be submitted for both registration as a geologist and certification in a specialty at the same time, but the applicant must be approved for registration

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as a geologist before being considered for certification in a specialty. The certification in a specialty is dependent, in every case, upon the approval of registration as a geologist. (b) An applicant for certification in a specialty shall meet all of the requirements of a registered geologist and such special requirements as the board may establish by regulation. Section 3. Said chapter is further amended by striking Code Section 43-19-19, relating to seals, in its entirety and inserting in lieu thereof the following: 43-19-19. Each registrant under this chapter, upon issuance of a certificate of registration, may use a seal of such design as is authorized by the board, bearing the registrant's name and the legend `Registered Professional Geologist' or `Certified (subspecialty) Geologist.' All drawings, reports, or other geologic papers or documents involving the practice of geology, as defined in this chapter, which shall have been prepared or approved by a registered geologist or a subordinate employee under his direction for the use of or for delivery to any person or for public record within this state shall be signed by him and impressed with the seal provided for in this Code section or the seal of a nonresident practicing under this chapter, either of which shall indicate his responsibility for them. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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PROFESSIONAL ENGINEERS AND LAND SURVEYORS LAND SURVEYING; DEFINITION. Code Section 43-15-2 Amended. No. 469 (Senate Bill No. 197). AN ACT To amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, so as to change the definition of the term land surveying; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, is amended by striking paragraph (6) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Land surveying' means any service, work, or practice, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of relevant law in the evaluation and location of property rights, as applied to: (A) Measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topography, areas, and volumes; (B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein;

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(C) The platting and layout of lands and subdivisions thereof, including alignment and grades of streets and roads, excluding thoroughfares; (D) The platting and layout, incidental to subdivisions, of grading, erosion control, storm drainage pipes and culverts, and water distribution or gravity sanitary collection sewer extensions therein, provided that the design and installation of such water distribution or gravity sanitary sewer extensions shall conform to local ordinances and regulations and shall be subjected to the review and approval of the local government or its engineer; (E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as built surveys which relate to property, easement, or right of way boundaries; (F) Utilization of measurement devices or systems, such as aerial photogrammetry, geodetic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way boundaries; or (G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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PROBATION SERVICES IN PROBATE AND MAGISTRATE COURTS; CONTRACTS; ADVISORY COUNCIL FOR PROBATION IN THE PROBATE AND MAGISTRATE COURTS. Code Section 42-8-30.1 Enacted. Code Title 42, Chapter 8, Article 6 Enacted. No. 470 (Senate Bill No. 224). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of any such county, to contract with certain entities to provide probation services or to establish a county probation system with respect to persons sentenced for misdemeanors in the probate or magistrate courts in such county; to provide that the provisions of the Statewide Probation Act relating to probation supervision services shall not apply to defendants sentenced in the probate or magistrate courts of a county which has contracted for or established a probation system for such courts; to create the Advisory Council for Probation in the Probate and Magistrate Courts; to provide for the duties of such council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding between Code Sections 42-8-30 and 42-8-31 a new Code Section 42-8-30.1 to read as follows: 42-8-30.1. In any county where the judge of the probate court or chief magistrate of the magistrate court has provided for probation services for either or both of such courts through agreement with a private corporation, enterprise, or agency pursuant to subsection (a) of Code Section 42-8-100 or has established a county probation system for either or both of such courts pursuant to subsection (b) of Code Section 42-8-100, the

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provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court. Section 2. Said chapter is further amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 42-8-100. (a) The judge of the probate court or the chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to enter into an agreement with a private corporation, enterprise, or agency to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county. (b) The judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of that county, is authorized to establish a county probation system to provide general probation supervision, fine collection services, counseling, and other probation services for persons convicted of a misdemeanor in the probate court or magistrate court of the county and placed on probation in the county. 42-8-101. There is created the Advisory Council for Probation in the Probate and Magistrate Courts, to be composed of one probate judge designated by the Council of Probate Court Judges, one chief magistrate designated by the Council of Magistrate Court Judges, and the commissioner of corrections or his designee. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services as authorized in subsection (a) of Code Section 42-8-100 and regarding standards and qualifications in the provision

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of probation services in the probate court or magistrate court. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. LIENS LAUNDRIES, CLEANERS, DYERS, TAILORS, AND SIMILAR ESTABLISHMENTS; ALTERNATIVE SATISFACTION OF LIEN; DISPOSAL OF PROPERTY. Code Sections 44-14-453, 44-14-454, and 44-14-455 Amended. No. 471 (Senate Bill No. 243). AN ACT To amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services; to provide that the acceptance of such notice without objection shall constitute a contractual waiver of certain rights that may otherwise exist; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, is amended by striking Code Section 44-14-453, relating to sale of

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goods for satisfaction of a lien; Code Section 44-14-454, relating to procedures for sale of goods; and Code Section 44-14-455, relating to the proceeds of sale, in their entirety and substituting in lieu thereof new Code Sections 44-14-453, 44-14-454, and 44-14-455 to read as follows: 44-14-453. (a) In order to satisfy the lien of the person, firm, or corporation performing the service, whenever any clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles remain in the possession of any person, firm, or corporation engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing such articles for a period of 90 days after the person, firm, or corporation has performed any services thereon without the agreed price or the reasonable value of the service being paid, the goods or articles may be sold by the person, firm, or corporation having performed the service in the manner and subject to the requirements of Code Sections 44-14-454 and 44-14-455. (b) As an alternative to the satisfaction of the lien as provided in subsection (a) of this Code section, an establishment accepting property to provide the services described in this part may at the time of accepting the property give to the person delivering the property to the establishment notice, which may be in the form of a sign clearly visible to a person delivering property to the establishment, that, if the property is not claimed and the agreed upon price or reasonable value for the service is not paid within 120 days after the service was performed, the establishment may otherwise dispose of the property without further notice to the owner of the property or to the person who delivered the property to the establishment. A person delivering property to an establishment for the performance of services described in this part who receives notice provided for in this subsection and who does not object to the content of such notice shall be deemed to have contractually waived any additional rights that may otherwise attach to disposition of the property, and if the person delivering the property to the establishment is not its owner, the contractual waiver of rights shall extend to the owner of the property if the person who delivered the property to the establishment was in lawful possession of the property at the time it was delivered. Property subject to the provisions of this subsection may be

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otherwise disposed of in such manner as the establishment possessing the property shall determine. 44-14-454. Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days' notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person from whom the goods were received. Such notice shall give the name of the owner of the goods, if known, and, if not known, the name of the person from whom the goods were received; a description of the goods to be sold; the time and place of the sale; the amount of the charges for which the goods or articles will be sold; and the name of the person, firm, or corporation having possession of the goods or articles and proposing to make the sale. 44-14-455. The proceeds of any sale made under subsection (a) of Code Section 44-14-453 shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation making the sale for its services in laundering, cleaning, tailoring, altering, repairing, or dyeing the articles sold; and the residue, if any, shall be paid on demand to the owner of the goods sold. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; OPERATORS AND INSTRUCTORS OF D.U.I. ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS; CRIMINAL RECORDS CHECKS; OPERATION OF PROGRAMS BY DEPARTMENT OF CORRECTIONS; SCHOOL BUS DRIVERS CONVICTED OF DRIVING UNDER THE INFLUENCE; PENALTIES. Code Sections 40-5-82 and 40-5-83 Amended. Code Section 40-6-391.2 Enacted. No. 472 (Senate Bill No. 312). AN ACT To amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs; to authorize the Department of Corrections to operate DUI alcohol or drug use risk reduction programs in certain facilities; to exempt such programs operated by the Department of Corrections from the rebate of certain fees to the state; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, is amended by adding a new subsection (e) to Code Section 40-5-82, relating to administration of defensive driving courses and DUI alcohol or drug use risk reduction programs, to read as follows:

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(e) The Department of Human Resources shall conduct a records check for any applicant for certification as an operator or instructor of a DUI alcohol or drug use risk reduction program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. Section 2. Said article is further amended by striking subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and DUI risk reduction programs, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) 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 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

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component, $60.00 for the education/intervention component, $100.00 for the intensive intervention component, and an additional fee to be set by the Department of Human Resources for required student program materials. 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, except as otherwise provided in this subsection, 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. The Department of Corrections is authorized to operate DUI alcohol or drug use risk reduction programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Resources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. 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 Part 1 of Article 4 of Chapter 12 of

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Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. Section 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code section immediately following Code Section 40-6-391.1 to read as follows: 40-6-391.2. A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall upon a conviction of a violation of Code Section 40-6-391 while driving a school bus be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. EDUCATION DOCUMENTS SIGNIFYING MERIT OR ACHIEVEMENT CONFERRED BY AN INSTITUTION OF EDUCATION; PURCHASE; SALE; CREATION; ALTERATION; PENALTY. Code Section 20-1-7 Enacted. No. 473 (Senate Bill No. 313). AN ACT To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, so as to make it a misdemeanor to fraudulently buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties; to

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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 20 of the Official Code of Georgia Annotated, relating to education in general, is amended by adding a new Code section immediately following Code Section 20-1-6 to read as follows: 20-1-7. (a) No person may buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a diploma, certificate, academic record, certificate of enrollment, or other instrument which purports to signify merit or achievement conferred by an institution of education in this state with the intent to use fraudulently such document or to allow the fraudulent use of such document. (b) Any person who violates subsection (a) of this Code section or who aids another in violating subsection (a) of this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed one year, or both. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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MOTOR VEHICLES LICENSE PLATES; COUNTY DESIGNATION; PURPLE HEART; FLASHING OR REVOLVING GREEN LIGHTS. Code Section 40-2-6, 40-2-84, and 40-8-92 Amended. No. 474 (Senate Bill No. 324). AN ACT To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county designation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; 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 change certain provisions applicable to license plates for veterans awarded the Purple Heart; to change the minimum number of applications required before the special and distinctive license plate for veterans awarded the Purple Heart shall be designed and issued by the state revenue commissioner; to amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-6, relating to alteration of license plates, and inserting in lieu thereof a new Code Section 40-2-6 to read as follows: 40-2-6. Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter,

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change, or conceal any numeral, letter, character, county designation, 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, county designation, 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. Section 2. 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 striking in its entirety subsection (b) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in lieu thereof a new subsection (b) to read as follows: (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. Said applicant may apply for and be limited to two (2) tags. 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 a special and distinctive license plate 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

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in subsection (d) of this Code section, such plates shall be nontransferable. Section 3. Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Except as provided in this subsection, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle or to park any motor vehicle on public property with flashing or revolving green lights. This subsection shall not apply to any motor vehicle being used by any law enforcement agency, fire department, emergency management agency, or other governmental entity to designate the location of the command post for such agency, department, or entity at the site of an emergency. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. PSYCHOLOGISTS LICENSES; QUALIFICATIONS; PRACTICE; EXAMINATIONS; RECORDS; CONTINUING EDUCATION; SANCTIONS; TITLES. Code Title 43, Chapter 39 Amended. No. 475 (Senate Bill No. 338). AN ACT To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications; to change the licensing requirements for persons

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licensed in other states; to provide for requiring mental and physical examinations and their admissibility; to provide for obtaining records of the mental and physical condition of applicants and licensees and record admissibility; to provide for sanctions; to change the provisions relating to temporary licenses and provide for provisional licenses and automatic repeal; to authorize the board to waive continuing education requirements under certain situations; to change the provisions relating to use of titles and certain representations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the practice of psychology, is amended by striking Code Section 43-39-7, relating to practicing psychology without a license, which reads as follows: 43-39-7. If any person shall hold himself or herself out to the public as being engaged in the practice of psychology and shall not then possess in full force and virtue a valid license to practice psychology under the laws of this state, that person shall be deemed to be practicing psychology without complying with this chapter and in violation thereof. Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization or an established and recognized social welfare agency, or the use of psychological techniques by organizations engaged in business, commerce, or industry or by persons within their salaried employ, provided that the title `psychologist' is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this chapter. Persons employed in federal, state, county, or municipal agencies or in chartered educational institutions or who are students in training in chartered educational institutions are exempted when practicing in their agencies or institutions, as are technicians, assistants, or interns working under the supervision of licensed psychologists., and inserting in lieu thereof a new Code section to read as follows:

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43-39-7. A person who is not licensed under this chapter shall not use the title `psychologist' and shall not imply that he or she is a psychologist. If any person shall hold himself or herself out as being engaged in the practice of psychology and shall not then possess in full force a valid license to practice psychology under the laws of this state, this person shall be in violation of this chapter. The following are exceptions: (1) Nothing in this chapter shall require licensure for a person who is certified as a school psychologist by the State Board of Education while that person is working as an employee in an educational institution recognized by the State Board of Examiners of Psychologists as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party; (2) Nothing in this chapter shall require licensure for a person who holds a doctoral degree in psychology while that person is working as an employee in a research laboratory, college, or university recognized by the board as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party; (3) Nothing in this chapter shall require licensure for a person who prior to July 1, 1993, was engaged in the practice of psychology as an employee of any agency or department of the federal government, state government, or any of their political subdivisions, but only when that person is engaged in that practice as an employee of such department or agency; and (4) Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization, provided that the title `psychologist' is not used by a person not licensed and that the person does not imply that he or she is a psychologist. Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-39-8, relating to the qualifications for licensure as a psychologist, in its entirety and inserting in its place a new subsection to read as follows:

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(b) A candidate for such license shall furnish the board with satisfactory evidence that the candidate: (1) Is of good moral character; (2) Has completed the requirements of a doctoral degree from a professional training program in applied psychology, including but not limited to clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology, from an accredited educational institution recognized by the board as maintaining satisfactory standards. Any person who has received a doctoral degree in a field closely allied to the field of psychology shall meet the degree requirements of this paragraph if: (A) That degree in the closely allied field is received prior to July 1, 1991, from an educational institution recognized by the board as maintaining satisfactory standards; (B) The training required for that degree in the closely allied field has been determined by the board to be substantially similar to that required for a doctoral degree from a professional training program in applied psychology; (C) That person completed the experience required by paragraph (3) of this subsection prior to July 1, 1991; and (D) That person passes the examinations required by paragraph (4) of this subsection prior to July 1, 1993; (3) Has had at least two years of experience in psychology of a type considered by the board to be qualifying in nature; (4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and

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(5) Has not within the preceding six months failed an examination given by the board. Section 3. Said chapter is further amended by striking Code Section 43-39-10, relating to licensure as a psychologist based on a license in another state, and inserting in its place a new Code section to read as follows: 43-39-10. The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary. Section 4. Said chapter is further amended by striking the period and adding a colon after the word board in subsection (a) of Code Section 43-39-13, relating to denial, revocation, or suspension of licenses, and adding immediately thereafter new paragraphs to read as follows: (1) In enforcing this subsection, the board may, if it has reasonable basis to believe that the psychologist is practicing while incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, require a licensee or applicant to submit to a mental, physical, or mental and physical examination by an appropriate licensed practitioner designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. If a licensee fails to submit to each examination when properly directed to do so by the board, the board may summarily suspend such license, if the public health, safety, and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal; and (2) For the purpose of this subsection, the board, if it has a reasonable basis to believe that the psychologist is incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, may require the psychologist to produce or give the board permission to obtain any and all records relating to the alleged incapacitating

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mental or physical condition of a licensee or applicant, including that individual's personal psychiatric and psychological records; and such records shall be admissible in any hearing before the board. If a licensee fails to provide such records when properly directed to do so by the board, the board may summarily suspend such license, if the public health, safety and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal. Section 5. Said chapter is further amended by striking Code Section 43-39-14, relating to temporary licenses, and inserting in its place a new Code section to read as follows: 43-39-14. (a) The board may issue a temporary license to an applicant for a permanent license. Such license shall have the same force and effect as a permanent license. The temporary license will expire 12 months from the date of its issuance and shall not be renewable. Upon a finding by the board that the applicant has failed either the written or oral examination, the board shall revoke such temporary license. (b) The board may issue a provisional license to an applicant for a permanent license. The provisional license may be granted to an individual who has passed all examinations and completed all other requirements for permanent licensure except for the postdoctoral supervised work experience requirement. Provisional licensure will expire in 24 months unless the board grants an exception, or in the event of the granting of a permanent license, whichever occurs first. The provisional license shall not be renewable. An individual who is licensed under this subsection is restricted to the stipulations of the supervised work experience requirement. Provisional licensure will be granted only to an individual who is in the process of completing the postdoctoral supervised work experience requirement and is subject to revocation if the board determines that the requirements of the supervised work experience are not being satisfactorily met. The revocation of a provisional license shall not be considered a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' but a holder of a provisional license shall have a right to appear before the board. This subsection shall be automatically repealed July 1, 1993.

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Section 6. Said chapter is further amended by striking in its entirety Code Section 43-39-15, relating to continuing education, and inserting in lieu thereof the following: 43-39-15. The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the board at least one year prior to implementation of continuing education requirements for renewal of licensure. The board shall be authorized to waive continuing education requirements in cases of hardship, disability, illness, or under such other circumstances as the board deems appropriate. Section 7. Said chapter is further amended by striking Code Section 43-39-17. which reads as follows: 43-39-17. No person shall use the title `Licensed Psychologist' in this state without a license granted by the board and signed by the board president. No person not licensed as provided in this chapter shall designate that person or that person's occupation by the words `Licensed Psychologist,' nor shall such person designate that person by any other term or title which implies that such person is practicing professional psychology unless that person has a valid license., and inserting in its place a new Code section to read as follows: 43-39-17. Except as provided in Code Section 43-39-7, a person shall not use the title `psychologist' unless he or she is licensed as provided in this chapter. A person who is not licensed as provided in this chapter shall not designate his or her occupation as a psychologist and shall not designate himself or herself by any other term or title which implies that he or she is practicing psychology. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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INSURANCE COVERAGE FOR PRIVATE SECTOR REMOVERS OF ASBESTOS OR OTHER HAZARDOUS MATERIALS. Code Section 45-9-4 Amended. No. 476 (Senate Bill No. 342). AN ACT To amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance and indemnity contracts by the commissioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance and indemnity contracts by the commissioner of administrative services, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commissioner of administrative services shall establish and administer a program for insuring the officers and employees of agencies, boards, bureaus, commissions, departments, or authorities of this state, when such entities request him to do so, against liability in connection with abating or removing asbestos or other hazardous materials in public premises. In addition to insuring officers and employees of agencies, boards, bureaus, commissions, departments, or authorities of the state as provided above, the commissioner may also provide liability insurance coverage to holders of a patent or patents for the removal or abatement of asbestos or other hazardous materials pursuant to the terms of a licensing agreement between the patent holder and the state. For this purpose, the

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commissioner may purchase policies of liability insurance or contracts of indemnity insuring or indemnifying such officers and employees under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may alternatively retain all premium moneys paid to the Department of Administrative Services for such purposes, all moneys received as interest, and all moneys received from other sources to establish and maintain a reserve fund for the payment of such liability and the expenses necessary to administer properly a program of self-insurance. The commissioner shall invest any such money in the same manner as other moneys in his possession. The funds for the insurance or self-insurance provided for in this subsection shall be designated the `Hazardous Materials Liability Reserve Fund,' and such fund and program shall be an undertaking separate and apart from the program of liability insurace and self-insurance provided for in subsection (a) of this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. MAGISTRATE COURTS MARSHALS; EMPLOYMENT TO PERFORM DUTIES OF CONSTABLES. Code Section 15-10-100 Amended. No. 477 (Senate Bill No. 346). AN ACT To amend Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for

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magistrate courts, so as to provide that counties may employ marshals to perform the duties of constables; to provide for limitations and requirements 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 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, is amended by adding immediately following subsection (c) a new subsection (c.1) to read as follows: (c.1) (1) In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables. (2) No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. (3) Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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GAME AND FISH NONRESIDENT SALT-WATER FISHING LICENSES REPEALED; BEARS; HUNTING, BAITING, TRAFFICKING, AND TRANSPORTING BEARS OR BEAR PARTS; FERRETS AS PETS; LICENSES. Code Sections 27-2-23, 27-5-4, and 27-5-5 Amended. Code Sections 27-3-26 and 27-3-27 Enacted. No. 478 (Senate Bill No. 374). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to repeal the requirement of a nonresident salt-water fishing license; to make it unlawful to hunt bears out of season, to traffic in bears or bear parts, and to possess or transport bears or bear parts out of season; to provide for penalties; to make it unlawful to use bait to concentrate the bear population or to lure bears; to provide for related matters; to provide that it shall be lawful to hold a ferret as a pet without a license or a permit under certain conditions; to change a misspelling; 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 in their entireties subparagraphs (X) and (Y) of paragraph (7) of Code Section 27-2-23 relating to licenses, permits, and stamps, which reads as follows: (X) Nonresident salt-water fishing license Annual 30.00 (Y) Nonresident salt-water fishing license Seven-day 15.00

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Section 2. Said title is further amended by adding at the end of Part 1 of Article 1 of Chapter 3 two new Code sections to read as follows: 27-3-26. (a) It shall be unlawful for any person to: (1) Hunt, take, or attempt to take a bear except during the open season for hunting and taking bears or under authority of a permit by the Department of Natural Resources to kill or take a bear; (2) Buy, sell, barter, or exchange a bear or bear part; or (3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears. (b) Each act constituting a violation of this Code section is a separate offense. (c) Any person violating the provisions of this Code section is guilty of a misdemeanor of a high and aggravated nature and, upon conviction, may be punished by a fine not to exceed $5,000.00 or by confinement for a term not to exceed 12 months or both. The court may order that restitution be paid to the department of not less than $1,500.00 for each bear or bear part which is the subject of a violation of this Code section. Any equipment which is used or intended for use in a violation of this Code section, including without limitation, motor vehicles, is declared to be contraband and is forfeited to the state in the same manner and subject to the same procedures and requirements as provided by Code Section 27-3-48. The hunting and fishing privileges of any person convicted of violating the provisions of this Code section shall be suspended for three years. 27-3-27. It is unlawful to use any type of bait to concentrate the bear population in any area or to lure them to any location which gives or might give a hunter an unnatural advantage when hunting bear. Section 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 27-5-4, relating to wild

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animals licenses and permits generally, and inserting in its place a new subsection (a) to read as follows: (a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter. Section 4. Said chapter is further amended by striking in its entirety Code Section 27-5-5, relating to wild animals for which license or permit is required, and inserting in its place a new Code Section 27-5-5 to read as follows: 27-5-5. Except as provided in this Code section, a license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regulation of the board pursuant to either Code section: (1) Class Mammalia: (A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) All species, except that a European ferret (Mustela putorius furo) may be held as a pet without a license or permit; provided, however, that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a vaccine approved for use on ferrets by the United States Department of Agriculture and administered in accordance with the manufacturer's recommendations; and provided, further, that the owner of a ferret held as a pet is able to provide documentation that said ferret has been

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neutered and vaccinated as specified in this subparagraph; (B) Order Proboscidae (elephants) All species; (2) Class Osteichthyes (bony fish): (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): (i) Astyanax faciatus (banded tetra); (ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) All species; (B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass carp, orfe, etc.): (i) Ctenopharyngodon idella (grass carp); (ii) Hypophthal-michthys molitrix (silver carp); (iii) Aristichthys nobilis (bighead carp); (C) Order Siluriformes: (i) Family Clariidae (air-breathing catfishes) All species; (ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus All species; (iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes All species; (D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and Channa All species;

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(3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water sting-ray) All species; (4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, `aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a wastewater treatment system permitted by the Environmental Protection Division of the department; (5) All other wild animals specified by regulation of the board. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. FINE ART DUPLICATION BY PRINTERS; CONDITIONS; STATEMENTS; FORMS; PENALTIES; CIVIL LIABILITY. Code Section 10-1-510 Amended. No. 479 (Senate Bill No. 375). AN ACT To amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, so

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as to change the conditions upon which printers may agree to duplicate works of fine art; to provide for statements and forms; to change certain criminal penalties and provide for civil liability and recovery; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to duplication of works of fine art, is amended by striking subsections (e), (f), and (g) thereof and inserting in their places new subsections to read as follows: (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 $2,000.00 unless the printer obtains, at the time such aggregate obligation first exceeds $2,000.00, a signed statement from the customer that the customer has the legal right or license authorizing such duplication or that those rights have passed into the public domain pursuant to federal copyright laws. (f) The statement required by subsection (e) of this Code section: (1) Does not have to be sworn; (2) May be included on the invoice, purchase order, proposed form, or other document; (3) May be signed one time and kept on file for all duplications for the same customer; (4) May be signed by any employee or agent of the customer on the customer's behalf; and (5) Shall be in substantially the following form:

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`STATEMENT The undersigned customer has obtained in writing the legal right or license which authorizes the duplication of the work of fine art which has been requested by the undersigned or those rights have passed into the public domain pursuant to federal copyright law. A printer to whom this statement is presented may rely upon it in performing the requested duplication of the work of fine art. ..... (Customer's signature) ..... (Date)' (g) 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, 1991. (h) Any person who violates subsection (e) of this Code section or who signs the statement provided for therein knowing it to be false shall be civilly liable therefor and the person damaged thereby may recover trebled actual damages, court costs, and attorney's fees. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991.

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WINE SUNDAY SALES BY FARM WINERIES IN REMOTE TASTING ROOMS AND IN SPECIAL ENTERTAINMENT DISTRICTS. Code Section 3-6-21.2 Amended. No. 480 (Senate Bill No. 389). AN ACT To amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales by farm wineries in remote tasting rooms on Sundays where local laws permit; to provide for sale of wine by farm wineries in special entertainment districts on Sunday; to define special entertainment district; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales on farm wineries, is amended by striking said Code section and inserting in lieu thereof a new Code Section 3-6-21.2 to read as follows: 3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced, except in the locally designated special entertainment districts. As used in this Code section, `special entertainment districts' means contiguous properties upon which is located a festival market place and

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entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a government entity. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 EXEMPTIONS; THEOLOGY, DIVINITY, RELIGIOUS EDUCATION AND MINISTERIAL TRAINING. Code Section 20-3-250.3 Amended. No. 481 (Senate Bill No. 407). AN ACT To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Nonpublic Postsecondary Educational Institutions Act of 1990, so as to change certain exemptions; 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 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Nonpublic Postsecondary Educational Institutions Act of 1990, is amended by striking paragraph (6) of subsection (a) of Code Section 20-3-250.3, relating

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to exemptions from the part, and inserting in its place a new paragraph to read as follows: (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions: (A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan; Section 2. This Act shall become effective July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. SHERIFFS FEES; CIVIL AND CRIMINAL CASES; EFFECT ON LOCAL OR SPECIAL LAWS. Code Section 15-16-21 Amended. No. 482 (Senate Bill No. 171). AN ACT To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriff's services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases; to provide for time of payment of certain fees; to repeal a provision of said Code section relating to its effect on certain local or special laws; to provide for

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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 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriff's services and the disposition of fees, is amended by striking subsections (b) and (c) in their entirety and inserting in their respective places new subsections (b) and (c) to read as follows: (b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy $ 25.00 (2) Action from another county, to be paid in advance 20.00 (3) Summoning each witness 6.00 (4) Each levy or writ of fieri facias 20.00 (5) Search and return of nulla bona 13.00 (6) Serving summons of garnishment or rule against garnishee 13.00 If more than one, for each additional copy 6.00 (7) Commissions on sales of property: On sums of $50.00 or less 8% On excess above $50.00 up to $550.00 6% For all sums exceeding $550.00, on excess 3%

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No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land 20.00 If presented by purchaser 13.00 (9) Executing bill of sale to personal property, when demanded by purchaser 13.00 (10) Forthcoming bonds 13.00 (11) Serving process against tenant over or intruder upon land to dispossess them 20.00 (12) For dispossessing tenant or intruder 20.00 (13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 13.00 (14) Settling each execution in his hands, settled without sale 13.00 (15) Levying an attachment 20.00 (16) Following property out of county with attachment, for every mile going and returning .21 (17) Attending superior, state, or city courts, per day 20.00 (18) Probate courts, per day 15.00 (19) At elections as required by law, each day 20.00 (20) Collecting tax fi. fas. $100.00 or less, each 5.00

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(21) Collecting tax fi. fas. over $100.00, each 10.00 (c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the criminal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior to the sheriff's rendering such service. For the services of the sheriff in criminal cases, the following fees shall be charged: (1) Removing prisoner when habeas corpus is sought for his relief $ 15.00 (2) Removing prisoners under habeas corpus when no mileage is paid, per day 15.00 (3) Attending persons taken by warrant to judge's chamber, for each time 4.50 (4) Conducting prisoner before judge or court to and from jail 4.50 (5) Executing and returning any warrant 25.00 (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant 25.00 (7) Summoning each witness 6.00 (8) Taking bonds in criminal cases 13.00 (9) Executing a warrant of escape 10.00 (10) Service in every criminal case before a judge or a judge and jury 10.00 Section 2. Said Code section is further amended by repealing subsection (g) which reads as follows:

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(g) No local law shall be affected by this Code section, provided that if provisions are made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this Code section and under such local or special law unless specifically provided for under such local or special law., in its entirety and by redesignating subsection (h) as subsection (g). Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1991. FAYETTE COUNTY TRANSFER FROM MCINTOSH TRAIL REGIONAL DEVELOPMENT CENTER TO THE ATLANTA REGIONAL COMMISSION; RATIFICATION. No. 2 (House Resolution No. 15). A RESOLUTION Ratifying the alteration of regional development center boundaries established by the Board of Community Affairs; to provide an effective date; and for other purposes. WHEREAS, subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Annotated authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center and provides that any action of the board altering the boundaries of a regional development center shall not become effective until approved by the General Assembly at the next regular session following such action by the board; and

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WHEREAS, Fayette County has petitioned the Board of Community Affairs to transfer from the McIntosh Trail regional development center to the Atlanta Regional Commission; and WHEREAS, on September 12, 1990, the Board of Community Affairs adopted a resolution granting formal approval to Fayette County's transfer into the Atlanta Regional Commission and providing for such transfer to become effective on July 1, 1991, if approved by the General Assembly; and WHEREAS, the request for legislative approval of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 and it is the desire of this General Assembly to ratify and approve said transfer. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the transfer of Fayette County from the McIntosh Trail regional development center to the Atlanta Regional Commission, to become effective on July 1, 1991, and alteration of the territorial boundaries, to become effective on July 1, 1991, for the region of operation by such regional development centers adopted and approved by the Board of Community Affairs on September 12, 1990, is ratified and approved. 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 April 12, 1991. MRS. MARGARET DREW COMPENSATION. No. 4 (House Resolution No. 18). A RESOLUTION Compensating Mrs. Margaret Drew; and for other purposes.

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WHEREAS, on September 8, 1990, Mrs. Margaret Drew and her husband ate lunch at the Georgia Visitor Information Center on Interstate Highway 95 in Kingsland, Georgia; and WHEREAS, upon returning to their car, Mrs. Drew stepped in a grass covered hole approximately six inches deep which caused her to fall on her face on the concrete sidewalk; and WHEREAS, the fall shattered Mrs. Drew's dentures and, in addition, she lacerated her mouth and cut her knees; and WHEREAS, an investigation by personnel of the Department of Industry, Trade, and Tourism indicated that the topsoil in an area by the sidewalk was washed away by natural erosion but was not visible as a result of the grass covering; and WHEREAS, Mrs. Drew has suffered personal injuries and incurred dental and medical expenses in the amount of $1,198.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Mrs. Drew 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 Georgia Department of Industry, Trade, and Tourism is authorized and directed to pay the sum of $1,198.00 to Mrs. Margaret Drew 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 12, 1991.

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WETLANDS CONSERVATION STUDY COMMITTEE CREATION. No. 5 (House Resolution No. 19). A RESOLUTION Creating the Wetlands Conservation Study Committee; and for other purposes. WHEREAS, wetlands serve vital environmental functions in maintaining water quality, supporting fresh-water and marine wildlife and fisheries, and protecting property and lives against flood damage; and WHEREAS, Georgia has some five million acres of wetlands, including over 600,000 acres of tidal marshlands along the Atlantic Coast; and WHEREAS, preservation, protection, and restoration of wetlands is in the vital interest of the State of Georgia; and WHEREAS, the state-wide planning and development legislation adopted by the General Assembly during the 1989 session includes requirements for considering wetlands in local comprehensive plans and mapping state wetlands, which is currently underway and which is expected to be completed by August, 1991; and WHEREAS, the State of Georgia does not have a comprehensive wetlands program or clearly defined goals and policies for the protection of its fresh-water wetlands; and WHEREAS, there exists a need to develop a strategy to coordinate existing regulatory and nonregulatory incentive programs and to initiate new efforts to safeguard adequately this resource and thereby protect the health, safety, and well-being of the public; and WHEREAS, the definition and permitting of wetlands is carried out under Section 404 of the federal Clean Water Act, administered by the United States Army Corps of Engineers and the United States Environmental Protection Agency; and

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WHEREAS, a new interpretive manual was adopted in 1989 by four federal agencies for application in delineating wetlands and reviewing permits under the Section 404 program; and WHEREAS, there are costly delays associated with the delineation of wetlands and the review of permit applications, sometimes amounting to a year or more; and WHEREAS, Section 404 of the federal Clean Water Act provides for wetlands mitigation by preserving, restoring, or creating wetlands in cases where jurisdictional wetlands are disturbed or destroyed under permitted activities; and WHEREAS, wetlands are of the highest ecological value and irreplaceable damage through development of such wetlands should be prevented; however, certain individual wetlands areas perform relatively marginal or insignificant ecological functions, and their development should be allowed to proceed in a streamlined manner; and WHEREAS, the State of Georgia will incur significant loss of land suitable for development, and local governments will suffer severe decreases in property taxes under the manual's definition of wetlands; and WHEREAS, the rules and regulations implementing the federal wetlands program under the Clean Water Act are being revised, the effects of which on this state are not yet fully known and must be analyzed; and WHEREAS, the state may desire to seek delegation of the federal wetlands program after sufficient study of costs and benefits. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Wetlands Conservation Study Committee, to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be a

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coastal representative; three members of the Senate to be appointed by the President of the Senate, one of whom shall be a coastal senator; and members to be appointed by the Governor as follows: one representative of the Association County Commissioners of Georgia, one member of the Georgia Municipal Association, two representatives of environmental or conservation organizations, two representatives of the University System of Georgia, one who is an ecologist and one who is an economist, one representative of the development community, one representative of the agricultural or forestry community, and two members at large. The Governor shall designate one of his appointees as chairman. Administration and technical support shall be provided by the Department of Natural Resources. 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. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 10 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. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1991. The committee shall stand abolished on December 31, 1991. Approved April 12, 1991.

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MR. JAMES THOMASON COMPENSATION. No. 6 (House Resolution No. 40). A RESOLUTION Compensating Mr. James Thomason; and for other purposes. WHEREAS, Mr. James Thomason is a correctional officer employed at the Lee Arrendale Correctional Institution at Alto, Georgia; and WHEREAS, on April 12, 1990, Officer Wendell Dyer was applying foundation tar to the roof of Tower No. 6 at the Lee Arrendale Correctional Institution to prevent leaking from the roof of the tower; and WHEREAS, Officer Karen Jones attempted to locate employees whose motor vehicles were parked near Tower No. 6, but several individuals including Officer James Thomason could not be located; and WHEREAS, tar dripped on Officer Thomason's 1985 Oldsmobile causing spots which could not be buffed out; and WHEREAS, Mr. Thomason has suffered property damage to his motor vehicle totaling $1,168.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Thomason and it is only fitting and proper that he be compensated 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 $1,168.00 to Mr. James Thomason 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 12, 1991.

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MR. EDMUND J. HEARTSTEDT COMPENSATION. No. 7 (House Resolution No. 42). A RESOLUTION Compensating Mr. Edmund J. Heartstedt; and for other purposes. WHEREAS, during heavy rains on August 9, 1990, a portion of the embankment on the roadway of State Highway 369 in Forsyth County slid onto the driveway of the property of Mr. Edmund J. Heartstedt located at 6250 Brown Bridge Road near Cumming, Georgia; and WHEREAS, the mud blocked a drainage outlet in the parking area of his driveway causing mud and water to back up into the lower level of Mr. Heartstedt's home; and WHEREAS, Mr. Heartstedt suffered damages to his property totaling $454.63; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Heartstedt and it is only fitting and proper that he be reimbursed for his loss; and WHEREAS, Mr. Heartstedt has not been and cannot be compensated from insurance or any other form of reimbursement for the property damages he has incurred. 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 $454.63 to Mr. Edmund J. Heartstedt 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 12, 1991.

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CITY OF EASTMAN AND CITY OF EDISON EASEMENTS ACROSS STATE PROPERTY. No. 8 (House Resolution No. 73). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia; authorizing the granting of a nonexclusive easement for operation and maintenance of a natural gas line in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Dodge County, Georgia, which is in the custody of the Department of Corrections, utilized as the Eastman Youth Facility; (2) The City of Eastman, Dodge County, desires to construct, operate, and maintain a sanitary sewer line in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to the City of Eastman, Dodge County, for the above-described purposes; (4) This sanitary sewer line in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to the City of Eastman, Dodge County, by the State Properties Commission for the purposes set forth in this resolution;

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and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Calhoun County, Georgia, which is in the custody of the Department of Corrections, utilized as the Calhoun Correctional Institution; (2) The City of Edison, Calhoun County, desires to construct, operate, and maintain a natural gas line in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to the City of Edison, Calhoun County, for the above-described purposes; (4) This natural gas line in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to the City of Edison, Calhoun County, by the State Properties Commission for the purposes set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Dodge 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. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Eastman, Dodge County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line,

Page 1180

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 305 and 306, District 16 of Dodge County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled City of Eastman, Dodge County on property in the custody of the Department of Corrections, which plat was prepared by Walter P. Copeland, Georgia Registered Land Surveyor No. 2271. This plat indicating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. (d) That, after the City of Eastman, Dodge County, has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Eastman, Dodge County, or 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 or its successors and assigns. (e) That no title shall be conveyed to the City of Eastman, Dodge County, and, except as herein specifically granted to the City of Eastman, Dodge County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Eastman, Dodge County. (f) 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 Eastman, Dodge County, shall remove or relocate its facilities at its sole cost and expense.

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(g) That the easement granted to the City of Eastman, Dodge 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. (h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to the City of Eastman, Dodge County, shall expire three years after the date that this resolution becomes effective. (k) 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 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Calhoun 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. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Edison, Calhoun County, or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a natural gas line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a natural gas line, together with the

Page 1182

right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 162, District 3 of Calhoun County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Sketch of Revocable License Required by City of Edison on property in the custody of the Department of Corrections, which plat was prepared by Bobby Ellis, Georgia Registered Land Surveyor No. 2004. This plat indicating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said natural gas line. (d) That, after the City of Edison, Calhoun County, has put into use the natural gas line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Edison, Calhoun County, or 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 or its successors and assigns. (e) That no title shall be conveyed to the City of Edison, Calhoun County, and, except as herein specifically granted to the City of Edison, Calhoun County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Edison, Calhoun County. (f) 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 Edison, Calhoun County, shall remove or relocate its facilities at its sole cost and expense.

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(g) That the easement granted to the City of Edison, Calhoun 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. (h) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to the City of Edison, Calhoun County, shall expire three years after the date that this resolution becomes effective. (k) 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 III 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 12, 1991.

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CITY OF CAVE SPRING AND RICHMOND COUNTY BOARD OF HEALTH CONVEYANCE OF STATE PROPERTY OR INTEREST THEREIN. No. 9 (House Resolution No. 74). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of an estate for years in certain real property owned by the Georgia Building Authority (Hospital) in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of two tracts of real property located in the City of Cave Spring, Floyd County, Georgia; (2) Said property is under the custody and management of the Georgia Department of Education, known as the Fennin Campus, formerly known as the Georgia School for the Deaf in the City of Cave Spring; (3) The Georgia Department of Education has declared said property surplus to its need and has approved the conveyance of said property to the City of Cave Spring; (4) The said tracts of real property are described as follows: TRACT 1 All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 928, 929, 872, and 873 of the 3rd District of Floyd County, Georgia, containing approximately 35 acres, and being more particularly described on a plat of survey on file in the offices of the State Properties Commission; and

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TRACT 2 All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 872 and 873 of the 3rd District of Floyd County, Georgia, containing approximately 12.7 acres, and being more particularly described on a plat of survey on file in the offices of the State Properties Commission; (5) The City of Cave Spring is desirous of obtaining all or a portion of the above-described property in Tract 1 for public purposes; and (6) The City of Cave Spring is desirous of obtaining the above-described property in Tract 2 for city private development usage; and WHEREAS: (1) The State of Georgia or Georgia Building Authority (Hospital) is the owner of certain real property located in Richmond County, Georgia, hereinafter referred to as the premises, which real property is more fully described as follows: All that tract of real property consisting of approximately 136.78 acres and constituting grounds of Georgia Regional Hospital in Richmond County, Georgia, as shown on that certain plat dated August 18, 1986, entitled Plat for Georgia Regional Hospital and from said plat being more particularly described as follows: COMMENCING at the intersection of the west right-of-way line of Georgia Route No. 56 (a 100 foot right-of-way) with the north right-of-way line of Phinizy Road; thence, along said right-of-way a distance of 3172.45 feet to an open top pin, 34 inch, found, the POINT OF BEGINNING; thence South 87 degrees 12 minutes 17 seconds West a distance of 4222.34 feet to a concrete marker found on the east right-of-way line of Louisville Road (Reformatory Road) (a 60 foot right-of-way); thence North 27 degrees 21 minutes 20 seconds

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East a distance of 877.32 feet to a No. 5 rod set; thence North 27 degrees 42 minutes 34 seconds East a distance of 1202.60 feet to a No. 9 rod found; thence, South 73 degrees 51 minutes 17 seconds East a distance of 1317.91 feet to a No. 5 rod set; thence North 15 degrees 45 minutes 07 East a distance of 582.81 feet to an iron pin found; thence South 82 degrees 03 minutes 27 seconds East a distance of 1747.41 feet to a No. 4 rod found on the west right-of-way line of Georgia State Highway No. 56 (a 100 foot right-of-way); thence along said right-of-way South 02 degrees 00 minutes 00 seconds East a distance of 1671.65 feet to an open pin tie, [frac34] inch, found, the POINT OF BEGINNING; provided, however, that the above-described property shall not include the 13.5 acres for which an estate for years was granted pursuant to Resolution No. 811, Act No. 45, approved March 10, 1988 (Ga. L. 1988, p. 176), which 13.5 acre parcel is more particularly described on a plat of survey on file in the offices of the State Properties Commission; (2) Resolution No. 811, Act No. 45, authorizing the conveyance of an estate for years or usufruct in a 13.5 acre parcel of such premises to the Richmond County Board of Health for certain public purposes was adopted by the General Assembly and approved by the Governor on March 10, 1988 (Ga. L. 1988, p. 176); (3) The Richmond County Department of Health, a body corporate and politic created by an Act approved August 22, 1931 (Ga. L. 1931, p. 661), as amended, and which acts as the Richmond County Board of Health, hereinafter referred to as the board of health, desires to obtain an estate for years of 50 years in a 17.236 acre parcel to be subdivided from the premises for the purpose of providing public health and community mental health, mental retardation, and substance abuse services in conjunction with the 13.5 acre parcel and facilities thereon for which an estate for years was authorized in 1988 as referenced above and amended by a resolution restating the purposes of such estate for years, approved April 4, 1990 (Ga. L. 1990, p. 977); and

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(4) The premises are in the custody of the Department of Human Resources of the State of Georgia and constitute grounds of its Georgia Regional Hospital - Augusta. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1. That the above-described real property in Floyd County in Tract 1 containing approximately 35 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 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 2. That, if the City of Cave Spring determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall be not 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 3. That the authorization in this resolution to convey the above-described property to the City of Cave Spring shall expire three years after the date that this resolution becomes effective. Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance. Section 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Floyd County and a

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recorded copy shall be forwarded to the State Properties Commission. ARTICLE 2 Section 6. That the above-described real property in Floyd County in Tract 2 containing approximately 12.7 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commission, for a consideration of not less than the fair market value of such property as determined by the State Properties Commission and upon such 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 7. That the authorization in this resolution to convey the above-described property to the City of Cave Spring shall expire three years after the date that this resolution becomes effective. Section 8. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance. Section 9. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 3 Section 10. That the premises are owned by Georgia Building Authority (Hospital) or may now or in the future be owned by the State of Georgia, in whole or in part. In all matters relating to the conveyance of an estate for years authorized by this resolution, where the property is owned by the state, the State of Georgia shall act by and through the Georgia Building Authority (Hospital). Section 11. That the Georgia Building Authority (Hospital) is authorized to convey or let to the Richmond County Board of Health an estate for years or a usufruct in the premises with a term not to exceed 50 years and a parcel size of not more than

Page 1189

17.236 acres. The estate for years or usufruct shall be for the purpose of providing public health and community mental health, mental retardation, and substance abuse services. The consideration for the conveyance shall be $10.00. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The term of the estate for years or usufruct and the means of ingress and egress shall be subject to the prior approval of the Board of Human Resources. Section 12. That the Georgia Building Authority (Hospital) shall determine the location of the parcel within the premises and shall cause the parcel to be described by appropriate plat of survey. ARTICLE 4 Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. BLUE RIDGE TELEPHONE COMPANY AND THE CITY OF SAVANNAH EASEMENT AND LEASE OF STATE PROPERTY. No. 10 (House Resolution No. 80). A RESOLUTION Authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and

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Gilmer County, Georgia; authorizing the conveyance of an estate for years in certain real property owned by the Georgia Building Authority (Hospital) in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property being formerly the CSX Railroad right of way running from White Path, Gilmer County, to Blue Ridge, Fannin County, which is in the custody of the State Properties Commission; (2) Blue Ridge Telephone Company desires to operate and maintain an underground audio transmission cable system in, on, over, under, upon, across, or through a certain portion of Fannin and Gilmer counties; (3) A portion of this system must pass through the above-described state owned property and would be beneficial to the public interest; and (4) A three-year revocable license has been granted to Blue Ridge Telephone Company by the State Properties Commission for the purposes set forth in this resolution; and WHEREAS: (1) The Georgia Building Authority (Hospital) is the owner of real property consisting of 108.52 acres and constituting the grounds of the Georgia Regional Hospital in Chatham County, Georgia, which real property was conveyed by the City of Savannah to the State of Georgia in June of 1967 for the purpose of establishing a mental health hospital and hereinafter is referred to as the premises; (2) A 30 acre parcel of the premises is currently used by the City of Savannah for recreation programs, which real property, hereinafter referred to as the parcel, is more fully described as follows: Commencing at the intersection of the west right-of-way line of Meridian Road (Sallie Mood Road) (a 100

Page 1191

foot right-of-way) with the north right-of-way line of Eisenhower Drive (a 100 foot right-of-way); thence south 01 degree 03 seconds east, along said right-of-way a distance of 954.85 feet to a monument; thence south 72 degrees 50 seconds east a distance of 1260.30 feet to a monument on the east right-of-way line of Casey Canal (a 100 foot right-of-way); thence northerly along the east right-of-way line of Casey Canal to the south right-of-way line of Eisenhower Drive; thence west along the south right-of-way line of Eisenhower Drive to the POINT OF COMMENCEMENT; (3) In order to obtain federal funding to construct a recreation complex on the parcel, the City of Savannah, Georgia, desires to lease the 30 acre parcel; and (4) The premises are in the possession of the Department of Human Resources of the State of Georgia by rental agreement with the Georgia Building Authority (Hospital) and constitute grounds of its Georgia Regional Hospital-Savannah. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the hereinafter described real property in Gilmer County and Fannin 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. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Blue Ridge Telephone Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an underground audio 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

Page 1192

area is located in Fannin and Gilmer counties, Georgia, being generally described as follows: All of a portion of those certain tracts of land situate, lying and being in Fannin County and Gilmer County, Georgia, and being more particularly described as a portion of the CSX Railroad Valuation Map No. V46/8-13 (said tract or property shall be more particularly described by a plat of survey obtained by Blue Ridge Telephone Company and presented to the State Properties Commission for approval). (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said underground audio transmission cable. (d) That Blue Ridge Telephone Company shall have the right to remove or cause to be removed from said easement areas only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said underground audio transmission cable. (e) That, after Blue Ridge Telephone Company has put into use the underground audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Blue Ridge Telephone Company or 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 or its successors and assigns. (f) That no title shall be conveyed to Blue Ridge Telephone Company, and, except as herein specifically granted to Blue Ridge Telephone Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Blue Ridge Telephone Company.

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(g) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Blue Ridge Telephone Company shall remove or relocate its facilities at its sole cost and expense. (h) That the easement granted to Blue Ridge Telephone Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (i) That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. (j) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. (k) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fannin and Gilmer counties and a recorded copy shall be forwarded to the State Properties Commission. (l) That the authorization in this article to grant the above-described easement to Blue Ridge Telephone Company shall expire three years after the date that this resolution becomes effective. ARTICLE II Section 2. (a) That the premises are owned by Georgia Building Authority (Hospital). (b) That the Georgia Building Authority (Hospital) is authorized to convey or let to the City of Savannah an estate for

Page 1194

years or usufruct in the parcel with a term not to exceed 50 years. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The estate for years or usufruct shall be for the purpose of constructing a recreation complex for the City of Savannah and shall be on such other terms and conditions as the Authority may decide, consistent with the purposes of this resolution. ARTICLE III 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 12, 1991. CITY OF ADAIRSVILLE CONVEYANCE OF STATE PROPERTY. No. 11 (House Resolution No. 103). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville; 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 containing less than one acre located in the City of Adairsville, Bartow County, Georgia; and WHEREAS, said real property is described as follows:

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All that certain tract or parcel of land situate, lying and being in the City of Adairsville, Georgia, and in Land Lot 168 of the 15th District of Bartow County, Georgia, and being more particularly described as a portion of parcel no. 3 of the Western and Atlantic Railroad Valuation Map No. V2/32 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Adairsville and presented to the State Properties Commission for approval); and WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and WHEREAS, the City of Adairsville is interested in using the depot and adjoining property for public purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument. Section 3. That the State of Georgia, acting by and through its State Properties Commission, is authorized to sell and convey the above-described real property by appropriate instrument to the City of Adairsville for a consideration of $650.00 as long as the property is utilized for public purposes and upon such

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further considerations, terms, and conditions as directed by the State Properties Commission. Section 4. That the above-described real property is conveyed only for public purposes by the City of Adairsville and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia. Section 5. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 6. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. Section 7. That the authorization in this resolution to convey the above-described property to the City of Adairsville shall expire three years after the date that this resolution becomes effective. Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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CONESTOGA MANAGEMENT, INC., L. F. HEILMAN, PRESIDENT COMPENSATION. No. 12 (House Resolution No. 104). A RESOLUTION Compensation Conestoga Management, Inc., L. F. Heilman, President; and for other purposes. WHEREAS, on June 13, 1990, Ms. Michele L. Biddy, an employee of Conestoga Management, Inc., was driving a Chevrolet Nova owned by such corporation on Interstate Highway 75 in Bartow County; and WHEREAS, as the motor vehicle operated by Ms. Biddy was traveling north on the interstate between exit 123 and exit 124, it was struck by an object thrown by a mower being operated on the grassy median by an employee of the Department of Transportation; and WHEREAS, the object thrown by the mower dented the left rear fender, tail light, and turn signal; and WHEREAS, Conestoga Management, Inc., has suffered property damage in the amount of $378.84; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Biddy or Conestoga Management, Inc., and it is only fitting and proper that Conestoga Management, Inc., be compensated for its loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $378.84 to Conestoga Management, Inc., L. F. Heilman, President, 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 12, 1991.

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MS. WILMA G. HARGUS COMPENSATION. No. 13 (House Resolution No. 107). A RESOLUTION Compensating Ms. Wilma G. Hargus; and for other purposes. WHEREAS, on October 14, 1989, Ms. Wilma G. Hargus was in Helen, Georgia, during the celebration of Oktoberfest; and WHEREAS, Ms. Hargus was walking in a crowd of people crossing the bridge on State Highway 75 and 17 in downtown Helen, which bridge is under the jurisdiction of the Department of Transportation; and WHEREAS, Ms. Hargus stepped in an uncovered drainage hole on the bridge causing her to fall and suffer a compound fracture of the left hand; and WHEREAS, she received medical treatment and therapy at various medical facilities in Cobb County and in Nevada, Missouri, upon returning to her home; and WHEREAS, Ms. Hargus suffered medical expenses totaling $653.65 as a result of her accident; and WHEREAS, said accident occurred through no fault or negligence on the part of Ms. Hargus 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 Transportation is authorized and directed to pay the sum of $653.65 to Ms. Wilma G. Hargus as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said

Page 1199

department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 12, 1991. MR. CARY J. DANIEL COMPENSATION. No. 14 (House Resolution No. 109). A RESOLUTION Compensating Mr. Cary J. Daniel; and for other purposes. WHEREAS, Mr. Cary J. Daniel is employed as a mechanic at the maintenance shop facility of the Department of Transportation located on Department of Transportation Drive in Thomaston, Georgia; and WHEREAS, on the weekend of May 11-14, 1990, the maintenance shop facility was burglarized and tools belonging to Mr. Daniel were taken; and WHEREAS, Mr. Daniel has suffered loss of personal property in the amount of $1,595.22; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Daniel and it is only fitting and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,595.22 to Mr. Cary J. Daniel 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 12, 1991.

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MR. KEITH STEPHEN MARKS COMPENSATION. No. 15 (House Resolution No. 119). A RESOLUTION Compensating Mr. Keith Stephen Marks; and for other purposes. WHEREAS, on January 15, 1990, a mechanic's truck owned by the Department of Transportation and assigned to one of the department's mechanics, Mr. Keith Stephen Marks, was stolen from Mr. Marks's residence; and WHEREAS, the theft was reported to the Gwinnett County Police Department upon discovery on January 16, 1990; and WHEREAS, the truck was recovered by the Roswell City Police Department on January 18, 1990; and WHEREAS, the truck had been damaged severely and all of Mr. Marks's mechanic's tools and equipment were missing as well as miscellaneous equipment belonging to the department; and WHEREAS, the Department of Transportation requires that its mechanics furnish their own mechanic's tools; and WHEREAS, Mr. Marks has suffered loss of personal property totaling $13,741.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Marks and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $13,741.00 to Mr. Keith Stephen Marks as compensation as provided above. Said sum shall be paid from funds appropriated to or available to

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said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 12, 1991. DOUGHERTY COUNTY EXCHANGE OF STATE PROPERTY AND COUNTY PROPERTY. No. 16 (House Resolution No. 150). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia, to Dougherty County and the acceptance of certain real property owned by Dougherty County located in Dougherty 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 1.4 acres of real property lying on the southern boundary of Albany Technical Institute in Dougherty County, Georgia; and WHEREAS, custody of the subject state owned real property is vested in the Department of Technical and Adult Education; and WHEREAS, Dougherty County is the owner of approximately 7.3 acres on the eastern boundary of Albany Technical Institute, 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, Dougherty County is desirous of exchanging the above-described 7.3 acre tract for that certain 1.4 acre tract of state owned property on the southern boundary of Albany Technical Institute; and

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WHEREAS, the county owned property and the state owned property contemplated in this resolution are shown on a drawing, 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 Dougherty 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 conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Dougherty 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 Dougherty County the hereinabove described state owned property and to accept in consideration therefor from Dougherty County the hereinabove described Dougherty 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 Dougherty County and presented to and approved by the State Properties Commission prior to conveyance. Section 6. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

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Section 7. That the authorization in this resolution to convey the above-described property to Dougherty County shall expire three years after the date that this resolution becomes effective. Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. J. CARRELL LARMORE PROBATION DETENTION CENTER DESIGNATION. No. 17 (House Resolution No. 155). A RESOLUTION Designating the J. Carrell Larmore Probation Detention Center; and for other purposes. WHEREAS, Honorable J. Carrell Larmore served for 27 years as the director of the Adult Probation Department in Fulton County from its establishment in 1945 until his retirement in 1972; and WHEREAS, the Adult Probation Department was designed to reflect Mr. Larmore's personal philosophy of providing rehabilitative opportunities for offenders while saving the state the high cost of imprisoning such offenders, keeping families together and allowing industry and trade to utilize the valuable services of skilled workmen who might otherwise be incarcerated; and WHEREAS, Mr. Larmore trained and developed a highly professional staff of probation counselors and administrators,

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many of whom went on to become leaders in the state and federal probation systems; and WHEREAS, prior to assuming this position, Mr. Larmore served in the Fulton County Juvenile Court and was director of the State Board of Pardons and Paroles; and WHEREAS, J. Carrell Larmore has served his community exceedingly well, both locally and nationally, through his work in such organizations as the Georgia Probation and Parole Association, the Community Council of the Atlanta area, the Metropolitan Planning Commission, the Atlanta Mental Health Association, the State Crime Commission, and the National Council on Crime and Delinquency; and WHEREAS, he has been spoken of as the pioneer of probation and rehabilitation and can rightfully be called the founder of the probation concept in Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body honors the accomplishments of Honorable J. Carrell Larmore by dedicating the new probation detention center being constructed in Fulton County as the J. Carrell Larmore Probation Detention Center. 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 Honorable J. Carrell Larmore and that a copy shall be hung in a prominent place in this detention center. Approved April 12, 1991.

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JIMMY LEE CAMPBELL MEMORIAL HIGHWAY DESIGNATION. No. 18 (House Resolution No. 156). A RESOLUTION Designating the Jimmy Lee Campbell Memorial Highway; and for other purposes. WHEREAS, Jimmy Lee Campbell was born on January 2, 1947, the son of Mr. Herron LeRoy Campbell and Mrs. Ruth Moody Campbell; and WHEREAS, he was a 1965 graduate of Dallas High School, attended West Georgia College, and received his Bachelor of Science degree in pharmacy in 1970 from Mercer University School of Pharmacy; and WHEREAS, he was chief pharmacist at Paulding Memorial Medical Center from 1970 until 1977 and was the owner of Campbell's Pharmacy on Main Street in Dallas, Georgia, from 1977 until his untimely death in 1987; and WHEREAS, he served as councilman at large for the City of Dallas from 1974 to 1976 and as mayor from 1976 through 1977; and WHEREAS, he served as a member of the board of the Paulding County Department of Family and Children Services, member of the Private Industry Council of the Coosa Valley APDC, member of the Advisory Council for the Coosa Valley Mental Health Center, and member of the Board of Directors of the First National Bank of Paulding County; and WHEREAS, he was known and respected for his friendliness, kindness, and generosity and was a true friend to the citizens of Dallas and Paulding County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the recently completed bypass on State Route 6 within the City of Dallas is designated as the Jimmy Lee Campbell Memorial Highway.

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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 Jimmy Lee Campbell Memorial Highway. 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 family of Jimmy Lee Campbell, to the commissioner of transportation, and to the mayor of the City of Dallas. Approved April 12, 1991. LORENZO BENN YOUTH DEVELOPMENT CENTER DESIGNATED. No. 19 (House Resolution No. 157). A RESOLUTION Designating the Lorenzo Benn Youth Development Center; and for other purposes. WHEREAS, Mr. Lorenzo Benn passed away on June 2, 1990, at the untimely age of 55 years; and WHEREAS, he was born in Atlanta, Georgia, on September 11, 1934, to Legree and Lilla Merriweather Benn, and received a Bachelor of Arts degree from Kerpel and Long Island University, a Bachelor of Science degree from Iowa University, a Bachelor of Laws degree from the University of Pennsylvania, and a Doctor of Jurisprudence degree from Atlanta Law School; and WHEREAS, this hardworking businessman, who was president of Benn Enterprises and L.B.J., Inc., was elected to the Georgia House of Representatives in 1980, where he was respected as a peacemaker and an able legislator, and he served on the Banks and Banking Committee, the Interstate Cooperation Committee, the

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Rules Committee, the Special Judiciary Committee as secretary, the House Youth and Children Subcommittee as chairman, and the Education Committee, where for years he stood as a staunch advocate for quality education and qualified teachers; and WHEREAS, Mr. Benn was active in community affairs and was vice president of the Atlanta branch of the NAACP, president of Nu Beta Epsilon National Law Fraternity, chairman of Forward Georgia Assembly, a member of Georgia's Mental Health Advisory Council, a member of the Board of Exodus, and a member of the Advisory Board of Street Academy. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the youth development center on Bakers Ferry Road in Atlanta, Georgia, shall be designated and named, and hereafter known as, the Lorenzo Benn Youth Development Center. 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 such youth development center. Approved April 12, 1991. EASEMENTS ACROSS STATE PROPERTY IN BRYAN, CALHOUN, DOOLY, FLOYD, HOUSTON, MITCHELL, RICHMOND, TATTNALL, WASHINGTON, AND WILCOX COUNTIES AUTHORIZATION. No. 20 (House Resolution No. 160). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly,

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Floyd, Houston, Mitchell, Richmond, Tattnall, Washington, and Wilcox counties, 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 Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washington, and Wilcox counties, Georgia; and WHEREAS, Southern Bell Telephone and Telegraph Company; Savannah Electric and Power Company; Georgia Power Company; Oglethorpe Electric and Power Company; the City of Glennville, Tattnall County; the City of Davisboro, Washington County; and the City of Abbeville, Wilcox County, desire to operate and maintain utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these utility, telecommunication, and sanitation facilities in, on, over, under, upon, across, or through the above-described state owned property would be for the benefit of the State of Georgia and have been requested and approved by the Board of Human Resources with respect to property under the jurisdiction and control of the Department of Human Resources, the Board of Natural Resources with respect to property under the jurisdiction and control of the Department of Natural Resources, the Board of Corrections with respect to property under the jurisdiction and control of the Department of Corrections, and the Board of Education with respect to property under the jurisdiction and control of the Department of Education. 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, 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.

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Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Savannah Electric and Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of power lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, replacing, and relocating certain power lines at the Richmond Hill Fish Hatchery, 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 that property in the 20th GMD of Bryan County as shown on a drawing entitled Proposed Relocation of Facilities for the Department of Natural Resources at the Richmond Hill Fish Hatchery on State Highway 144 on property in the custody of the Department of Natural Resources. This drawing indicating the easement area 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, relocating, replacing, inspecting, and operating said power lines. Section 4. That, after Savannah Electric and Power Company has put into use the power lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Savannah Electric and Power Company or 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 or its successors and assigns. Section 5. That no title shall be conveyed to Savannah Electric and Power Company, and, except as herein specifically granted to Savannah Electric and Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Savannah Electric and Power Company. Section 6. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or

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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, Savannah Electric and Power Company shall remove or relocate its facilities at its sole cost and expense. Section 7. That the easement granted to Savannah Electric and Power Company 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 8. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 9. That the grant of easement shall be recorded by the Grantee in the Superior Court of Bryan County and a recorded copy shall be forwarded to the State Properties Commission. Section 10. That the authorization in this resolution to grant the above-described easement to Savannah Electric and Power Company shall expire three years after the date that this resolution becomes effective. Section 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II. Section 12. 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.

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Section 13. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a 46 KV Transmission Line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a 46 KV Transmission Line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in the 3rd District, Land Lots 162 and 163 of Calhoun County, as shown on two drawings entitled Calhoun County Prison Transmission Loop Line, Calhoun County, Georgia on property in the custody of the Department of Corrections, which drawings were prepared by David P. Schroeder and J. B. Thacker. These drawings indicating the easement area as Tract 1 (.057 of one acre) and Tract 2 (.057 of one acre) are on file in the office of the State Properties Commission. Section 14. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said 46 KV Transmission Line. Section 15. That, after Georgia Power Company has put into use the 46 KV Transmission Line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or 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 or its successors and assigns. Section 16. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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Section 17. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. Section 18. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 19. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 20. That the grant of easement shall be recorded by the Grantee in the Superior Court of Calhoun County and a recorded copy shall be forwarded to the State Properties Commission. Section 21. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. Section 22. 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 III. Section 23. 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.

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Section 24. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a power distribution system in, on, over, under, upon, across, or through the easement area for the purpose of upgrading, constructing, erecting, operating, maintaining, repairing, and replacing a power 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 that property in Land Lot 86 of the 3rd District of Floyd County as shown on a drawing entitled Utility Placement, Georgia School for the Deaf, Cave Spring, Georgia on property in the custody of the Department of Education prepared by D. K. Thornton. This drawing indicating the easement area is on file in the office of the State Properties Commission. Section 25. That the above-described premises shall be used solely for the purpose of upgrading, installing, maintaining, repairing, replacing, inspecting, and operating said power distribution system. Section 26. That, after Georgia Power Company has put into use the power distribution system for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company or 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 or its successors and assigns. Section 27. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. Section 28. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or

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all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. Section 29. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 30. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 31. That the grant of easement shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. Section 32. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. Section 33. 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 IV. Section 34. 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 35. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe

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Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a 46 KV Transmission Line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a 46 KV Transmission Line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in Land Lot 80 of the 13th District of Houston County and Land Lot 79 of the 3rd District of Dooly County as shown on a plat entitled Peavey Tap 46 KV Transmission Line on property in the custody of the Department of Corrections, which plat was prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area to contain approximately 0.61 of one acre is on file in the office of the State Properties Commission. Section 36. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said 46 KV Transmission Line. Section 37. That, after Oglethorpe Power Corporation has put into use the 46 KV Transmission Line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or 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 or its successors and assigns. Section 38. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. Section 39. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or

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all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. Section 40. That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 41. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 42. That the grant of easement shall be recorded by the Grantee in the Superior Court of Houston County and the Superior Court of Dooly County, as applicable, and a recorded copy shall be forwarded to the State Properties Commission. Section 43. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective. Section 44. 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 V. Section 45. 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 46. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe

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Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a 46 KV Transmission Line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a 46 KV Transmission Line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is that property in Land Lot 273 of the 10th District of Mitchell County as shown on a plat entitled Mitchell Prison 46 KV Transmission Line on property in the custody of the Department of Corrections, which plat was prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area to contain approximately 4.81 acres is on file in the office of the State Properties Commission. Section 47. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said 46 KV Transmission Line. Section 48. That, after Oglethorpe Power Corporation has put into use the 46 KV Transmission Line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or 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 or its successors and assigns. Section 49. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. Section 50. 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

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or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. Section 51. That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 52. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 53. That the grant of easement shall be recorded by the Grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. Section 54. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective. Section 55. 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 VI. Section 56. 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 57. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation or its successors and assigns a nonexclusive

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easement for the construction, operation, and maintenance of a 46 KV Substation in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a 46 KV Substation, 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 that property in Land Lot 273 of the 10th District of Mitchell County as shown on a plat entitled Mitchell Prison 46/12 KV Sub. Property Plat on property in the custody of the Department of Corrections, which plat was prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area to contain approximately 0.34 of one acre is on file in the office of the State Properties Commission. Section 58. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said 46 KV Substation. Section 59. That, after Oglethorpe Power Corporation has put into use the 46 KV Substation for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or 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 or its successors and assigns. Section 60. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. Section 61. 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

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intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. Section 62. That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 63. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 64. That the grant of easement shall be recorded by the Grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. Section 65. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective. Section 66. 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 VII. Section 67. 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 68. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Bell Telephone and Telegraph Company or its successors and assigns a nonexclusive easement for the construction, operation,

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and maintenance of telecommunications equipment and facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing telecommunications equipment and facilities, 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 that property in the 123rd GMD of Richmond County as shown on a plat entitled Southern Bell on property in the custody of the Department of Natural Resources, which plat was prepared by L. S. Bargeron, Georgia Registered Land Surveyor No. 2872. This plat indicating the easement area to contain approximately 0.77 of one acre is on file in the office of the State Properties Commission. Section 69. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications equipment and facilities. Section 70. That, after Southern Bell Telephone and Telegraph Company has put into use the telecommunications equipment and facilities for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or 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 or its successors and assigns. Section 71. That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company. Section 72. 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

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or relocated in order to avoid interference with the state's use or intended use of the easement area, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. Section 73. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission 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 74. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 75. That the grant of easement shall be recorded by the Grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission. Section 76. That the authorization in this resolution to grant the above-described easement to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective. Section 77. 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 VIII. Section 78. 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 79. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of

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Glennville or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a lift station in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a lift station, 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 that property in the 1700th GMD of Tattnall County as shown on a site plan entitled Project DOR-81, Tattnall Correctional Institute on property in the custody of the Department of Corrections prepared by Ronald J. Moses, Georgia Registered Land Surveyor No. 8490. This site plan indicating the easement area to contain approximately 0.07 of one acre is on file in the office of the State Properties Commission. Section 80. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said lift station. Section 81. That, after the City of Glennville has put into use the lift station for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Glennville or 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 or its successors and assigns. Section 82. That no title shall be conveyed to the City of Glennville, and, except as herein specifically granted to the City of Glennville, 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 Glennville. Section 83. 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 Glennville shall remove or relocate its facilities at its sole cost and expense.

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Section 84. That the easement granted to the City of Glennville 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 85. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 86. That the grant of easement shall be recorded by the Grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission. Section 87. That the authorization in this resolution to grant the above-described easement to the City of Glennville shall expire three years after the date that this resolution becomes effective. Section 88. 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 IX. Section 89. 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 90. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Davisboro or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer line,

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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 that property in the 94th GMD of Washington County as shown on a drawing entitled Town of Davisboro Receiving/Monitoring Facilities for Ga. D.O.C. Sewage in the custody of the Department of Corrections, which drawing was prepared by John B. Lovell, Georgia Registered Professional Engineer No. 2889. This drawing indicating the easement area is on file in the office of the State Properties Commission. Section 91. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. Section 92. That, after the City of Davisboro has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Davisboro or 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 or its successors and assigns. Section 93. That no title shall be conveyed to the City of Davisboro, and, except as herein specifically granted to the City of Davisboro, 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 Davisboro. Section 94. 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 Davisboro shall remove or relocate its facilities at its sole cost and expense. Section 95. That the easement granted to the City of Davisboro shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in

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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 96. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 97. That the grant of easement shall be recorded by the Grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission. Section 98. That the authorization in this resolution to grant the above-described easement to the City of Davisboro shall expire three years after the date that this resolution becomes effective. Section 99. 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 X. Section 100. 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 101. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Abbeville or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer forced main in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a sanitary sewer forced main, 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 that property in Land

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Lots 198 and 199 of the First District of Wilcox County as shown on a drawing entitled Wilcox C.I. Force Main Easement on property in the custody of the Department of Corrections. This drawing indicating the easement area to contain approximately 0.27 of one acre is on file in the office of the State Properties Commission. Section 102. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer forced main. Section 103. That, after the City of Abbeville has put into use the sanitary sewer forced main for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Abbeville or 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 or its successors and assigns. Section 104. That no title shall be conveyed to the City of Abbeville, and, except as herein specifically granted to the City of Abbeville, 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 Abbeville. Section 105. 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 Abbeville shall remove or relocate its facilities at its sole cost and expense. Section 106. That the easement granted to the City of Abbeville 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

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Properties Commission describes the same easement area herein granted. Section 107. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 108. That the grant of easement shall be recorded by the Grantee in the Superior Court of Wilcox County and a recorded copy shall be forwarded to the State Properties Commission. Section 109. That the authorization in this resolution to grant the above-described easement to the City of Abbeville shall expire three years after the date that this resolution becomes effective. Section 110. 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 XI. Section 111. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 112. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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STEVE POLK PLAZA DESIGNATION. No. 21 (House Resolution No. 162). A RESOLUTION Naming the Steve Polk Plaza; and for other purposes. WHEREAS, Steve Polk was born in Newton County, Georgia, on May 29, 1934; and WHEREAS, Steve Polk joined the State Patrol in 1960 and during his service provided security for Governor Ernest Vandiver, Governor Carl Sanders, and Governor Lester Maddox; and WHEREAS, Steve Polk was appointed Director of the Georgia Building Authority in 1968 and capably served in that position until his death on March 7, 1990; and WHEREAS, overseeing a department now exceeding 1,000 employees and a $30 million budget, Steve Polk and his employees were responsible for the upkeep and maintenance of the state office buildings on Capitol Hill, including the State Capitol and grounds, and under his leadership greenhouses were built to grow flowers year round to beautify the grounds at the State Capitol, Governor's Mansion, state office buildings, and Confederate cemeteries throughout the State of Georgia; and WHEREAS, because of Steve Polk's influence and guidance, awards from the Atlanta Urban Design Commission and Men's Garden Clubs of America have been received by the building authority for its contributions to the quality of the nation's beauty and environment; and WHEREAS, under Steve Polk's leadership, the building authority renovated Georgia Plaza Park, the Georgia Railroad Freight Depot, and the banquet facilities in the James H. Sloppy Floyd Veterans Memorial Building, which are available for use by all citizens of Georgia; and WHEREAS, fulfilling his dream of many years, Steve Polk was the moving force behind the creation of the New Georgia Railroad and the restoration of steam engines SA 750 and

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AWP 290 which pull the excursion and dinner trains originating from the Zero Mile Post in Underground Atlanta; and WHEREAS, the plaza area in front of the Georgia Railroad Freight Depot is a focal point for visitors to the World of Coca-Cola, Underground Atlanta, and the depot, and it is appropriate that it be named for an individual who devoted his life to serving the citizens of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the plaza in front of the Georgia Railroad Freight Depot be named and hereafter known as the Steve Polk Plaza and an appropriate marker be erected at said site honoring the memory of this great Georgian. 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 Georgia Building Authority and to the family of Steve Polk. Approved April 12, 1991. MR. HOYT L. NELSON COMPENSATION. No. 22 (House Resolution No. 184). A RESOLUTION Compensating Mr. Hoyt L. Nelson; and for other purposes. WHEREAS, on July 21, 1989, Mr. and Mrs. Hoyt L. Nelson were camping at Vogel State Park in Union County, Georgia; and WHEREAS, apparently as a result of the ground being saturated from heavy rains in past weeks, a poplar tree uprooted and crashed into the camper occupied by Mr. and Mrs. Nelson; and

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WHEREAS, the trunk of the tree pinned Mr. Nelson to the bed, causing internal injuries; and WHEREAS, Mr. Nelson developed a rupture of the colon necessitating surgery on two occasions and later developed an intra-abdominal abscess requiring operative drainage; and WHEREAS, Mr. Nelson has suffered personal property damages totaling $5,500.00 and personal injury losses totaling $1,878.25; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Nelson 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 $7,378.25 to Mr. Hoyt L. Nelson 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 12, 1991. JOINT AIRPORT DEVELOPMENT AUTHORITY STUDY COMMITTEE CREATION. No. 23 (House Resolution No. 285). A RESOLUTION Creating the Joint Georgia Airport Development Authority Study Committee; and for other purposes. WHEREAS, proposed Senate Bill 244 and House Bill 525 both provide for the creation of a Georgia Airport Development Authority for the purpose of constructing, financing, operating,

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and developing air transportation projects within and without the State of Georgia; and WHEREAS, the development and construction of airports contributes positively to the economic prosperity and promotes the general welfare of the state by creating a favorable climate for the location of new industry, trade, and commerce and aids in the development and expansion of existing industry, trade, and commerce in Georgia; and WHEREAS, the rapid growth in industrial, commercial, and residential populations of Georgia throughout the 1980's has resulted in a need for the development and construction of additional airports within the state; and WHEREAS, the development and construction of such airports would have a significant impact on both the state as a whole and on those particular communities where airports would be developed and constructed; 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 the creation of a Georgia Airport Development Authority would be in the best interest of the state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Georgia Airport Development Authority Study Committee, to study the creation of the Georgia Airport Development Authority. The committee shall be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, four members of the Senate to be appointed by the President of the Senate, and three members as follows: the commissioner of transportation or his designee, the commissioner of industry, trade, and tourism or his designee, and the director of the Atlanta Regional Commission or his designee. The Speaker of the House of Representatives and the President of the Senate shall each appoint a cochairman. The 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

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mentioned above or related thereto and shall 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 legislative members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten days unless additional days are authorized. The other members of the committee 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, 1991. The committee shall stand abolished on December 31, 1991. Approved April 12, 1991. JOHN T. MCKENZIE BRIDGE DESIGNATED. No. 24 (House Resolution No. 318). A RESOLUTION Designating the John T. McKenzie Bridge; and for other purposes. WHEREAS, John T. McKenzie is a native of Montezuma, Georgia, and he and his family have been long-standing residents of Macon County where he is widely recognized for his extensive community involvement and outstanding contributions as a civic leader; and

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WHEREAS, he graduated from the University of Georgia in 1927 and returned to Montezuma where he established a successful career in real estate and banking and significantly influenced the economic development of his community and the financial security of its private citizens; and WHEREAS, he served as a member of the Montezuma City Council, was the Mayor of Montezuma for three terms, and served as a member of the Georgia Senate from 1961-1968; and he is affectionately known as Mr. Macon County as a salute to his exemplary public service and ambitious accomplishments; and WHEREAS, in light of his numerous contributions to the life of his community, it is only fitting and proper that the State of Georgia recognize this distinguished civic leader who is an inspiration to all who know him and perpetuate his name in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge located on State Route 26 crossing the railroad in the City of Montezuma, Macon County, is designated as the John T. McKenzie Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the John T. McKenzie Bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to John T. McKenzie. Approved April 12, 1991.

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MR. MARSHALL D. COURSEY COMPENSATION. No. 25 (House Resolution No. 336). A RESOLUTION Compensating Mr. Marshall D. Coursey; and for other purposes. WHEREAS, on June 13, 1989, Mr. Marshall D. Coursey and his family were visiting Crooked River State Park near St. Marys, Georgia; and WHEREAS, Mr. Coursey's two sons, ages five and two, were playing on a merry-go-round in the park; and WHEREAS, as two year-old Mark Coursey tried to jump off the merry-go-round, his leg got caught under it and was severely lacerated by an exposed bolt; and WHEREAS, the bolts hold the wooden seats to the metal frame and are exposed on the underside of the frame; and WHEREAS, Mark Coursey received emergency treatment at Gilman Hospital in St. Marys, Georgia, and subsequent treatment from his family physician; and WHEREAS, Mr. Marshall D. Coursey suffered medical expenses on behalf of his son, Mark Coursey, totaling $952.41; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Coursey or his son, Mark, and it is only fitting and proper that he be compensated 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 $952.41 to Mr. Marshall D. Coursey 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 12, 1991.

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SAMUEL THOMAS COFER BUILDING DESIGNATED. No. 26 (House Resolution No. 337). A RESOLUTION Providing for the dedication of the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia, in honor of Samuel Thomas Cofer; and for other purposes. WHEREAS, Samuel Thomas Cofer is a well-known and highly respected leader regarding issues pertaining to the protection and preservation of the natural resources of the State of Georgia; and WHEREAS, he served as a member of the Board of Natural Resources from 1975 to 1983 and provided valuable recommendations and direction as the chairman in 1980 and as the vice-chairman and secretary during previous years; and WHEREAS, during his service on the board the nation was still reeling from its initial energy shortage, and he fostered the development of carefully considered state policy to ensure that the need for energy related research and exploration was properly balanced with the need for protection of the environmentally sensitive areas of Georgia's coastal zone; and WHEREAS, in addition to his distinguished leadership in the field of natural resources, he has provided valuable guidance and direction in the regional planning and administration of governmental services, having served as a county commissioner of Glynn County and as a member of the Coastal Area Planning and Development Commission; and WHEREAS, in light of his dedicated service to the citizens of Brunswick, Georgia, and the State of Georgia, it is only fitting and proper that a facility be dedicated in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the commissioner of

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natural resources is authorized and directed to dedicate the new Department of Natural Resources Regional Headquarters Building located in Brunswick, Georgia, in honor of Samuel Thomas Cofer and to affix an appropriate plaque at the entrance of the building for such purpose. 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 natural resources. Approved April 12, 1991. ELMER A. DENNARD HIGHWAY DESIGNATED. No. 27 (House Resolution No. 346). A RESOLUTION Designating the Elmer A. Dennard Highway; and for other purposes. WHEREAS, Elmer A. Dennard was a veteran of World War II and served in the enlisted reserve from 1943 until 1945 as a field artilleryman; and WHEREAS, he was a distributor of Gulf petroleum products in several middle Georgia counties from 1946-1983; and WHEREAS, he was a Mason, a member of the Eastern Star, and a devout Methodist; and WHEREAS, he married the former Helen Wright, and they had two children, Anthony Wright and Sara Helen, and two grandchildren, Jennifer Leigh and Kimberly Wahl Dennard; and

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WHEREAS, he was an outstanding Georgian who had compassion, patience, and understanding for all of those with whom he came in contact; and WHEREAS, he was never a selfish person, and he willed his entire body, after his death, to medical science for research that might keep someone else from suffering; 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 State Route 18 from the intersection of Georgia Highway 57 and Georgia Highway 18 at Gordon to the Jeffersonville city limits is designated as the Elmer A. Dennard Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the Elmer A. Dennard Highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the family of Elmer A. Dennard. Approved April 12, 1991. WATER RESOURCE CONSERVATION MANAGEMENT STUDY COMMITTEE CREATION. No. 28 (House Resolution No. 348). A RESOLUTION Creating the Water Resource Conservation Management Study Committee; and for other purposes.

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WHEREAS, it is the policy of the State of Georgia to institute and maintain a comprehensive program of water resource conservation management to assure an adequate water supply throughout the state and to protect the health, safety, and wellbeing of the public; and WHEREAS, the rapid growth in industry, commercial enterprises, agriculture, and population in Georgia contributes to a continually growing demand on water resources; and WHEREAS, public water systems have recently experienced the adverse effects brought on by drought and increased demands for water; and WHEREAS, successful implementation of water resource conservation management is dependent upon sound local, regional, and state plans for water resource conservation management; and WHEREAS, this vitally important issue merits a detailed study by elected officials and experts in this field to ensure that Georgia has current, responsible, and prudent programs regarding water resource conservation management. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Water Resources Conservation Management Study Committee to be 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, the commissioner of natural resources or his designee, the commissioner of community affairs or his designee, and five members to be appointed by the Governor, which members shall represent a cross section of the interests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each appoint a cochairman. The 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 which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as

Page 1240

it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 10 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. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 31, 1991. The committee shall stand abolished on December 31, 1991. Approved April 12, 1991. WOODY GLENN HIGHWAY DESIGNATED. No. 29 (House Resolution No. 349). A RESOLUTION Designating the Woody Glenn Highway; and for other purposes. WHEREAS, Mr. Woody Glenn, an outstanding businessman from Chatsworth, has carried on a long family association with the City of Chatsworth, Murray County, and the talc industry; and WHEREAS, Georgia's first talc mine was opened and Georgia's first talc manufacturing plant was constructed in 1905 and Mr. Woody Glenn assumed control of these talc operations in 1935 as president and chief executive officer of the Georgia Talc Company and the Cohutta Talc Company; and WHEREAS, he was a founder and president of Custom Grinders, Inc., the tri-hydrate grinding company located next to the talc plants; and

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WHEREAS, although he retired from the talc business in 1986, during his participation in the talc business his companies mined and hauled millions of tons of talc over State Highway 52; and WHEREAS, in addition to his business interests, he was responsible for building the first outdoor track for the Murray County High School and served in a volunteer capacity as its first track and field coach; and WHEREAS, in recognition of his many contributions to his community he was presented the 1981 Murray County Jaycees Outstanding Boss of the Year Award; 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 State Highway 52 from US 411 in Chatsworth east to the Gilmer County line is designated as the Woody Glenn Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating the Woody Glenn Highway. Approved April 12, 1991. J. P. MARSHALL BY-PASS DESIGNATION. No. 30 (Senate Resolution No. 15). A RESOLUTION Designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass; and for other purposes.

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WHEREAS, the Honorable J. P. Marshall is serving in his fifth term as the Mayor of Eatonton; and WHEREAS, Mayor Marshall, through his exemplary leadership and personal commitment, has led the City of Eatonton through a challenging period of growth and development to a secure place among the outstanding municipalities of this state; and WHEREAS, Mayor Marshall's foresight and forthright determination have brought unparalleled progress and a sense of destiny to the citizens of Eatonton and its surrounding environs; and WHEREAS, Mayor Marshall's leadership has provided the guidance that has made the Eatonton community a highly desirable place to live, work, and play; and WHEREAS, since Mayor Marshall worked so diligently for the construction of the 441 By-Pass around Eatonton and since such by-pass should lead to greater development to the Eatonton-Putnam County area, it is only fitting and proper that such highway be named in honor of Mayor Marshall. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the 441 By-Pass Highway around the City of Eatonton shall be designated as the J. P. Marshall By-Pass. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said highway as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to Honorable J. P. Marshall. Approved April 12, 1991.

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SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY EASEMENT ACROSS STATE PROPERTY IN TROUP COUNTY. No. 31 (Senate Resolution No. 39). A RESOLUTION Authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troup 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 181 of the 12th District of Troup County, Georgia, which is in the custody of and utilized by the Georgia Forestry Commission; and WHEREAS, Southern Bell Telephone and Telegraph Company is refurbishing and expanding its telecommunication network in portions of Troup County and elsewhere; and WHEREAS, a portion of this cable must pass through the above-described state owned property and would be beneficial to the public's interest; and WHEREAS, the Georgia Forestry Commission by resolution dated July 10, 1990, agrees with granting this easement to Southern Bell Telephone and Telegraph Company for the above-described purpose; and WHEREAS, a three-year revocable license has been granted to Southern Bell Telephone and Telegraph Company by the State Properties Commission for the above-described purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1244

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 Southern Bell Telephone and Telegraph Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an audio transmission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an audio 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 Lot 181 of the 12th District of Troup County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Southern Bell Easement Survey/State of Georgia in the custody of the Georgia Forestry Commission and prepared by William H. Simmons, Georgia Registered Land Surveyor No. 1490. This plat indicating the easement, being approximately 15[prime] wide and 300[prime] long, is on file in the offices 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 audio transmission cable. Section 4. The Southern Bell Telephone and Telegraph Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said audio transmission cable. Section 5. That, after Southern Bell Telephone and Telegraph Company has put into use the audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its

Page 1245

successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or 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 or its successors and assigns. Section 6. That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company. 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, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and 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 for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 10. That the grant of easement shall be recorded by the Grantee in the Superior Court of Troup County and a recorded copy shall be forwarded to the State Properties Commission.

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Section 11. That the authorization in this resolution to grant the above-described easement to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective. Section 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. COBB COUNTY-MARIETTA WATER AUTHORITY EASEMENT ACROSS STATE PROPERTY. No. 32 (Senate Resolution No. 40). A RESOLUTION Authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb 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 1018 and 1071 of the 16th District of Cobb County, Georgia, which is in the custody of the State Properties Commission; and WHEREAS, Cobb County-Marietta Water Authority is expanding and refurbishing a water distribution system which

Page 1247

passes in, on, over, under, upon, across, or through a section of Cobb County; 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 Department of Public Safety, by resolution dated April 5, 1989, agrees with granting this easement to Cobb County-Marietta Water 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 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 Cobb County-Marietta Water Authority or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a water 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 Land Lots 1018 and 1071 of the 16th District of Cobb 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 Sketch of Easement required by Cobb County-Marietta Water Authority through property of the State of Georgia with respect to property of the Georgia Department of Public Safety, which plat was prepared by Jack C. Duncan, Georgia Registered Land Surveyor No. 1835. This plat indicating the permanent easement, containing.05 acre, and being approximately

Page 1248

10[prime] wide and 200[prime] long, is on file in the office of the State Properties Commission. Section 3. That the above-described premises shall be solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water distribution system. Section 4. That Cobb County-Marietta Water Authority 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 water distribution system. Section 5. That, after Cobb County-Marietta Water Authority has put into use the water distribution system for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County-Marietta Water Authority or 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 or its successors and assigns. Section 6. That no title shall be conveyed to Cobb County-Marietta Water Authority and, except as herein specifically granted to Cobb County-Marietta Water 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 Cobb County-Marietta Water Authority. 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, Cobb County-Marietta Water Authority shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Cobb County-Marietta Water Authority shall contain such other reasonable

Page 1249

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 water distribution system. 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 the grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. Section 12. That the authorization in this resolution to grant the above-described easement to Cobb County-Marietta Water Authority shall expire three years after the date that this resolution becomes effective. Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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WHITFIELD COUNTY EASEMENT ON STATE PROPERTY FOR ABUTMENT ROAD. No. 33 (Senate Resolution No. 41). A RESOLUTION Authorizing the grant of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield 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 277 of Whitfield County, Georgia, which is in the custody of the State Properties Commission, being generally described as follows: All or a portion of those certain tracts of land situate, lying and being in Whitfield County, Georgia, and in Land Lot 277 of Whitfield County, Georgia, and being more particularly described as a portion of parcel no. 6 of the Western and Atlantic Railroad Valuation Map No. V2/46 as filed in the State of Georgia 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 Whitfield County and presented to the State Properties Commission for approval); and WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and WHEREAS, Whitfield County owns property adjacent to said property and intends to refurbish and expand a thoroughfare known as Abutment Road and slope considerations thereto on said property; and

Page 1251

WHEREAS, Whitfield County, Georgia, desires to construct, operate, and maintain a thoroughfare known as Abutment Road and slope considerations thereto over a portion of said property which will serve the citizens of Whitfield County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the 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 of this resolution, the State of Georgia, acting by and through its State Properties Commission, may grant to Whitfield County or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over 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), relinquishing 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 a thoroughfare and slope considerations thereto. Section 5. That, after Whitfield County has constructed and put into use the thoroughfare and slope considerations thereto for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Whitfield County or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in

Page 1252

which event the facility shall become the property of the State of Georgia or its successors and assigns. Section 6. That no title shall be conveyed to Whitfield County, and, except as herein specifically granted to Whitfield 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 Whitfield 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 area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Whitfield County shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Whitfield 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 not less than the fair market value or $650.00 and upon such other terms and conditions as the State Properties Commission may deem to be in the best interest of the State of Georgia. 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 the grant of easement shall be recorded by the Grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. Section 12. That the authorization in this resolution to grant the above-described easement to Whitfield County shall

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expire three years after the date that this resolution becomes effective. Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. OGLETHORPE POWER CORPORATION EASEMENT ACROSS STATE PROPERTY IN DAWSON COUNTY. No. 34 (Senate Resolution No. 42). A RESOLUTION Authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 213, 214, 261, 262, 263, 216, 193, and 148 of the 4th District of Dawson County, Georgia, which is in the custody of the Department of Natural Resources; and WHEREAS, Oglethorpe Power Corporation is installing a 115 kV transmission line in, on, over, under, upon, across, or through a portion of said property in order to provide a more reliable service for Dawson County and surrounding areas; 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

Page 1254

WHEREAS, Department of Natural Resources agrees with granting this easement to Oglethorpe Power Corporation for the above-mentioned purposes; and WHEREAS, a three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the purposes set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electrical power transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 213, 214, 261, 262, 263, 216, 193, and 148 of the 4th District of Dawson County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Big Canoe-Juno 115 kV Transmission Line with respect to property in the custody of the Department of Natural Resources which plat was prepared by Roland McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area, containing approximately 11.5 acres, 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,

Page 1255

replacing, inspecting, and operating said electrical power transmission line. Section 4. That Oglethorpe Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical power transmission line. Section 5. That, after Oglethorpe Power Corporation has constructed and put into use the electrical power transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or 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 or its successors and assigns. Section 6. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall

Page 1256

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 for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 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 the grant of easement shall be recorded by the Grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission. Section 12. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective. Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY EASEMENT ACROSS STATE PROPERTY IN EARLY COUNTY. No. 35 (Senate Resolution No. 44). A RESOLUTION Authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early 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 Early County, Georgia, which is in the custody of the Georgia Forestry Commission, utilized as a fire tower site; and WHEREAS, Southern Bell Telephone and Telegraph Company desires to operate and maintain an underground audio transmission cable in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, the Georgia Forestry Commission, by resolution dated June 11, 1990, agrees with the granting of this easement to Southern Bell Telephone and Telegraph Company for the above-described purposes; and WHEREAS, this underground audio transmission cable in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and WHEREAS, a three-year revocable license has been granted to Southern Bell Telephone and Telegraph Company by the State Properties Commission for the purposes set forth in this resolution. 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

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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 Southern Bell Telephone and Telegraph Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an underground audio 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 Lot 250, District 6 of Early County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Georgia Forestry Commission with respect to property in the custody of the Georgia Forestry Commission, which plat was prepared by Ralph B. Key, Georgia Registered Land Surveyor No. 1450. This plat indicating the permanent easement, being approximately 18[prime] wide and 180[prime] long, and the temporary easement being 10[prime] wide and 180[prime] 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 installing, maintaining, repairing, replacing, inspecting, and operating said audio transmission cable. Section 4. That, after Southern Bell Telephone and Telegraph Company has put into use the underground audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or 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 or its successors and assigns.

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Section 5. That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company. 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, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. Section 7. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission 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 8. That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 9. That the grant of easement shall be recorded by the Grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission. Section 10. That the authorization in this resolution to grant the above-described easement to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective.

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Section 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 12. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. LEWIS M. CARTER MANUFACTURING CO., INC. CONVEYANCE OF STATE PROPERTY IN SEMINOLE COUNTY. No. 36 (Senate Resolution No. 45). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Seminole 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 Seminole County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Seminole County, Georgia, lying in and being a part of Land Lot 149, 14th District, containing 0.20 of one acre, more or less, according to a survey prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, dated September 7, 1990, on file with the State Properties Commission; and WHEREAS, said property is under the custody and management of the Georgia Department of Public Safety at its Donalsonville State Patrol Post; and

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WHEREAS, said parcel is not being utilized by the Department of Public Safety and is therefore surplus to its needs; and WHEREAS, the adjoining property owner, Lewis M. Carter Manufacturing Co., Inc., is desirous of obtaining the above-described property for the purposes of expanding its manufacturing facility; and WHEREAS, a three-year revocable license was authorized by the State Properties Commission at its meeting of December 12, 1990, to enable Carter Manufacturing to begin its expansion. 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 Lewis M. Carter Manufacturing Co., Inc., by the State of Georgia, acting by and through its 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 authorization in this resolution to convey the above-described property to Lewis M. Carter Manufacturing Co., Inc., shall expire three years after the date that this resolution becomes effective. Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Seminole County and a recorded copy shall be forwarded to the State Properties Commission.

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Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY EASEMENT ACROSS STATE PROPERTY IN MONROE COUNTY. No. 37 (Senate Resolution No. 55). A RESOLUTION Authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 523rd Georgia Militia District of Monroe County, Georgia, which is in the custody of the Georgia Department of Natural Resources at its High Falls State Park; and WHEREAS, Southern Bell Telephone and Telegraph Company is installing an audio telecommunications cable to serve a private development; and WHEREAS, a portion of this cable must pass through the above-described state owned property and would be beneficial to the public's interest; and WHEREAS, the Georgia Board of Natural Resources by resolution dated October 24, 1990, agrees with granting this easement

Page 1263

to Southern Bell Telephone and Telegraph Company for the above-described purpose; and WHEREAS, a three-year revocable license has been granted to Southern Bell Telephone and Telegraph Company by the State Properties Commission for the above-described purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement 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 Southern Bell Telephone and Telegraph Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an audio transmission cable in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an audio 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 the 523rd Georgia Militia District of Monroe County, Georgia, and is more particularly described as follows: That portion and that portion only as shown and delineated in red on a drawing entitled EXHIBIT A in the Resolution adopted by the Board of Natural Resources on October 24, 1990, which is on file in the office of the State Properties Commission. Said tract of property shall be more accurately described on a plat of survey prepared by a Georgia registered land surveyor to be provided by Southern Bell Telephone and Telegraph Company and presented to the State Properties Commission for approval. Section 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating audio transmission cable.

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Section 4. The Southern Bell Telephone and Telegraph Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said audio transmission cable. Section 5. That, after Southern Bell Telephone and Telegraph Company has put into use the audio transmission cable for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Southern Bell Telephone and Telegraph Company or 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 or its successors and assigns. Section 6. That no title shall be conveyed to Southern Bell Telephone and Telegraph Company, and, except as herein specifically granted to Southern Bell Telephone and Telegraph Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Southern Bell Telephone and Telegraph Company. 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, Southern Bell Telephone and Telegraph Company shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Southern Bell Telephone and Telegraph Company shall contain such other reasonable terms, conditions, and 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.

Page 1265

Section 9. That the consideration for such easement shall be for the fair market value but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 10. That the grant of easement shall be recorded by the Grantee in the Superior Court of Monroe County and a recorded copy shall be forwarded to the State Properties Commission. Section 11. That the authorization in this resolution to grant the above-described easement to Southern Bell Telephone and Telegraph Company shall expire three years after the date that this resolution becomes effective. Section 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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GEORGIA POWER COMPANY EXCHANGE OF PROPERTY FOR STATE PROPERTY IN FULTON COUNTY. No. 38 (Senate Resolution No. 67). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of approximately.05 of one acre of real property lying at the intersection of Simpson and Mangum Streets in Fulton County, Georgia; (2) Custody of the subject state owned real property is vested in the Department of Industry, Trade, and Tourism; (3) Georgia Power Company is the owner of property of equal value within the boundary of the Georgia World Congress Center Expansion site, more particularly described by a plat of survey prepared by a Georgia registered land surveyor on file in the office of the State Properties Commission; (4) The Georgia World Congress Center; the Department of Industry, Trade, and Tourism; and Georgia Power Company are desirous of exchanging the above-described tracts; (5) The Georgia Power owned property and state owned property contemplated in this resolution are shown on a drawing, outlined in red, on file in the office of the State Properties Commission; and

Page 1267

(6) The exchange of the aforedescribed tracts or parcels of real property would be beneficial both to the State of Georgia and Georgia Power Company and would be in the public interest; and WHEREAS: (1) 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 District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission); (2) Georgia Power Company needs to construct and maintain an electrical power transmission line within a portion of Tracts 136, 132, 228C, and 229C which will serve the Geo. L. Smith II Georgia World Congress Center; and (3) All of the above-referenced tracts of land are in the custody of the Department of Industry, Trade, and Tourism. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Georgia Power Company owned real property, 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 by appropriate instrument to Georgia Power Company the hereinabove described state owned property located at the intersection of Simpson and Mangum Streets and to accept in consideration

Page 1268

therefor from Georgia Power Company the hereinabove described Georgia Power owned property. (c) That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. (d) That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. (e) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. (f) That the authorization in this section to convey the above-described property to Georgia Power Company shall expire three years after the date that this resolution becomes effective. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement area, and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. The state owned real property is described as follows: 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 District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission). (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the

Page 1269

construction, operation, and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electrical power transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fulton County as described above. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said electrical power transmission line. (d) That, after Georgia Power Company has constructed and put into use the electrical power transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted in this section. Upon abandonment, Georgia Power Company or 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 or its successors and assigns. (e) That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense, provided another easement location is granted by the State of Georgia, acting by and through its State Properties Commission. (g) That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and

Page 1270

covenants as the State Properties Commission shall deem in the best interest of the State of Georgia. (h) That the consideration for such easement shall be $650.00 and upon such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) 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. (j) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. (k) That the authorization in this section to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective. ARTICLE III 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 12, 1991.

Page 1271

STANLEY RINZLER EXCHANGE OF PROPERTY FOR STATE PROPERTY IN FULTON COUNTY. No. 39 (Senate Resolution No. 68). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, and the acceptance of certain real property in Fulton County 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 1,636.09 square feet of real property lying on the northwest boundary of the Georgia Dome project site in Fulton County, Georgia; and WHEREAS, custody of the subject state owned real property is vested in the Department of Industry, Trade, and Tourism; and WHEREAS, Stanley Rinzler, et al., are the owners of 1,636.10 square feet contiguous to the northwestern boundary of the Georgia Dome project site in Fulton County, Georgia; and WHEREAS, the privately owned property and state owned property contemplated in this resolution are shown on a plat of survey 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 to both parties. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed privately 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

Page 1272

empowered to convey by appropriate instrument to Stanley Rinzler, et al., the hereinabove described state owned property and to accept in consideration therefor from Stanley Rinzler, et al., the hereinabove described privately 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 the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. Section 6. That the authorization in this resolution to convey the above-described state owned real property shall expire three years after the date that this resolution becomes effective. Section 7. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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BALDWIN COUNTY BOARD OF EDUCATION AND THE CITY OF THOMSON CONVEYANCE OF STATE PROPERTY. No. 40 (Senate Resolution No. 90). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in McDuffie County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Baldwin County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in Baldwin County, Georgia, lying in and being a part of Land Lots 220, 221, 242, and 243 of the 1714th GMD containing approximately 25 acres and identified by an aerial photograph on file in the office of the State Properties Commission and will be more particularly identified and described by a plat of survey provided to the State Properties Commission prior to conveyance of said property; (3) Said property is under the custody and management of the Georgia Forestry Commission and is not being utilized by the commission and is therefore surplus to its needs; and (4) The Baldwin County Board of Education is desirous of obtaining the above-described property for the purposes of constructing an elementary school facility; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in McDuffie County, Georgia; (2) Said real property is all that certain tract or parcel of land lying and being in McDuffie County, Georgia, lying in and

Page 1274

being a part of the 134th GMD containing approximately 1.046 acres and described as follows: That lot of land located approximately one-half mile Southeast of the City Limits of the City of Thomson, Georgia, in the 134th District, G. M., of McDuffie County, said property fronting on the South side of U. S. Highway 78, with metes and bounds as follows: Said lot is bounded Northeast by right-of-way of said U. S. Highway 78; Southeast by a road leading from said highway to the Water Filter Plant of said City of Thomson; Southwest by property of the State Highway Department; and Northwest by other lands of the City of Thomson; and said property is further described as beginning at the Northeast corner where said lot fronts on said U. S. Highway 78, at the corner of said Filter Plant Road, and extending South 29 degrees 05 minutes West for a distance of 226.75 feet to an iron stake; thence North 63 degrees 16 minutes West a distance of 199.70 feet to an iron stake; thence 29 degrees East a distance of 225.55 feet to an iron stake at the right-of-way of said U. S. Highway 78; thence South 63 degrees 41 minutes East along said right of way of said U. S. Highway 78 a distance of 200 feet to an iron stake, the point of beginning. All metes and bounds shown on a plat made by Jack Wier, P.R.E., dated August 9th, 1967, said plat to be recorded with the State Properties Commission; (3) Said property is under the custody and management of the Department of Natural Resources and is not being utilized by said department and is therefore surplus to its needs; (4) The said property contains a storage facility and the City of Thomson is desirous of obtaining the above-described property and storage facility; and (5) The City of Thomson has agreed to construct a storage facility of comparable size and utilization as the above-described storage facility on real property to be conveyed to the state and the construction of such facility shall be considered compensation for the conveyance of the state property to the City of Thomson.

Page 1275

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. (b) That the above-described real property in Baldwin County be conveyed by appropriate instrument to the Baldwin County Board of Education by the State of Georgia, acting by and through its 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. (c) That a plat of survey shall be provided by the Grantee, suitable for recording in Baldwin County, and presented to the executive director of the State Properties Commission for his approval. (d) That the authorization in this article to convey the above-described property to the Baldwin County Board of Education shall expire three years after the date that this resolution becomes effective. (e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the above-described real property in McDuffie County, Georgia, and that, in all matters relating to the conveyance of the real property,

Page 1276

the State of Georgia is acting by and through its State Properties Commission. (b) That the above-described real property in McDuffie County, be conveyed by appropriate instrument to the City of Thomson by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 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. (c) That a plat of survey shall be provided by the Grantee, suitable for recording in McDuffie County, and presented to the executive director of the State Properties Commission for his approval. (d) That the authorization in this article to convey the above-described property to the City of Thomson shall expire three years after the date that this resolution becomes effective. (e) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. (f) That the deed of conveyance shall be recorded by the Grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III 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 12, 1991.

Page 1277

WAYNE COUNTY BOARD OF EDUCATION EASEMENT ON STATE PROPERTY IN WAYNE COUNTY. No. 41 (Senate Resolution No. 94). A RESOLUTION Authorizing the granting of a nonexclusive easement for construction, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne 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 Wayne County, Georgia, which is in the custody of the Department of Technical and Adult Education at its Atlamaha Technical Institute; and WHEREAS, the Wayne County Board of Education desires to construct, operate, and maintain a thoroughfare in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, the Board of the Department of Technical and Adult Education by motion at its meeting of January 10, 1991, approved the granting of this easement to the Wayne County Board of Education for the above-described purposes; and WHEREAS, the above-described property was conveyed to the State of Georgia by Wayne County on September 23, 1987, for a consideration of $10.00; and WHEREAS, this thoroughfare in, on, over, under, 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

Page 1278

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 Wayne County Board of Education or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through the easement area for the purpose of constructing, operating, and maintaining a thoroughfare, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 28, District 3 of Wayne County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Survey Plat of a 0.76 Acre Tract being a Portion of a 51.93 Acre Tract on property in the custody of the Department of Technical and Adult Education, which plat was prepared by Quillie E. Kinard, Jr., Georgia Registered Land Surveyor No. 1572. This plat indicating the easement, being approximately 60[prime] wide and 500[prime] 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 constructing, operating, and maintaining said thoroughfare. Section 4. That, after the Wayne County Board of Education has put into use the thoroughfare for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Wayne County Board of Education or 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 or its successors and assigns. Section 5. That no title shall be conveyed to the Wayne County Board of Education and, except as herein specifically granted to the Wayne County Board of Education, all rights, title, and interest in and to said easement area is reserved in the State of

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Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Wayne County Board of Education. 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, the Wayne County Board of Education shall remove or relocate its facilities at its sole cost and expense. Section 7. That the easement granted to the Wayne County Board of Education 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 8. That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 9. That the grant of easement shall be recorded by the Grantee in the Superior Court of Wayne County and a recorded copy shall be forwarded to the State Properties Commission. Section 10. That the authorization in this resolution to grant the above-described easement to the Wayne County Board of Education shall expire three years after the date that this resolution becomes effective. Section 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 12. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 13. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. CHATHAM COUNTY CONVEYANCE OF STATE PROPERTY. No. 42 (Senate Resolution No. 96). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Chatham County, Georgia; and WHEREAS, said real property is all that certain right of way located on McQueen's Island in the County of Chatham State of Georgia, consisting of a right of way two hundred feet (200') in width, the same being measured one hundred feet (100') on either side from the center line of the abandoned right of way of the Central of Georgia Railway Company, said right of way beginning at a point where said right of way intersects with St. Augustine Creek on McQueen's Island on the west and extending the same width for the entire length of McQueen's Island to a point where the abandoned right of way of the Central of Georgia Railway Company intersects with Lazaretto Creek on its eastern extremity as shown on a map entitled Department of the Interior, National Park Service, Fort Pulaski Proposed Taking of Marshlands on McQueen's Island, Office of the Acting Superintendent, Savannah, Georgia, December 13, 1937, on file in the office of the State Properties Commission, less and except the right, title, and interest held by the Georgia Department of Transportation, and the State of Georgia in and to that portion of the right of way for U. S. Highway 80

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(State Highway 2) lying within the above 200' abandoned right of way; and WHEREAS, by an Act of the General Assembly of the State of Georgia approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 118), the State of Georgia granted to the County of Chatham its right, title, and interest in the above-described right of way to be used solely for road construction purposes; and WHEREAS, a portion of the above-described right of way was subsequently utilized in the construction of the roadway; and WHEREAS, the grant further stated that in the event any portion of that right of way should not be used by Chatham County for a roadway, the title to such portions shall remain vested in the State of Georgia and the State Highway Department; and WHEREAS, Chatham County is desirous of obtaining the remaining portion of the property which is not used for a roadway for the purposes of constructing a public biking and hiking trail. 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 conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 as long as the property is used for public purposes 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 authorization in this resolution to convey the above-described property to Chatham County shall expire three years after the date that this resolution becomes effective.

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Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991. GARVIS YOUNGBLOOD AND KAY EPPS CONVEYANCE OF STATE PROPERTY. No. 43 (Senate Resolution No. 106). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood and the acceptance of certain real property owned by Garvis Youngblood located in Baldwin County, Georgia, in consideration therefor; authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Kay Epps; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Garvis Youngblood is the owner of approximately 0.1 of one acre on the northern boundary of the Georgia War Veterans Cemetery in Baldwin County; and the State of Georgia is the owner of approximately 0.4 of one acre of real property

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lying on the northern boundary of Georgia War Veterans Cemetery in Baldwin County, Georgia; said tracts are more particularly described as Tract II and Tract III by a plat of survey prepared by Robert P. Cleghorn, Georgia Registered Land Surveyor No. 2425, on file in the offices of the State Properties Commission; and WHEREAS, Kay Epps and her father have been occupying.447 of one acre of state owned real property located on the southern boundary of the Georgia War Veterans Cemetery more particularly described as Tract IV by a plat of survey prepared by Robert P. Cleghorn, Georgia Registered Land Surveyor No. 2425, on file in the offices of the State Properties Commission; and WHEREAS, custody of the subject state owned real property is vested in the Department of Veterans Service; and WHEREAS, Garvis Youngblood is desirous of exchanging the above-described 0.1 of one acre tract for that certain 0.4 of one acre tract of state owned property on the northern boundary of the Georgia War Veterans Cemetery in Baldwin County; and WHEREAS, Kay Epps is desirous of obtaining the abovedescribed.447 acre located on the southern boundary of the Georgia War Veterans Cemetery in Baldwin County; and WHEREAS, the exchange of the aforedescribed Tracts II and III of real property would be beneficial both to the State of Georgia and Garvis Youngblood; and WHEREAS, the conveyance of the above-described Tract IV of real property would be beneficial both to the State of Georgia and Kay Epps and would facilitate federal funding for the Georgia War Veterans Cemetery. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. That, in all matters relating to the conveyance of the herein described Tract II of state owned real property and the acceptance of the herein described real property owned by

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Garvis Youngblood, 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 Garvis Youngblood the hereinabove-described Tract II of state owned real property and to accept in consideration therefor from Garvis Youngblood the hereinabove-described Tract III of property owned by Garvis Youngblood. 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 the conveyance herein considered shall contain such other reasonable terms and conditions 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 property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. Section 6. That the conveyance instrument authorized by this resolution shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 7. That the authorization in this article to convey the above-described Tract II of state owned property to Garvis Youngblood and to accept the above-described Tract III property from Garvis Youngblood shall expire three years after the date that this resolution becomes effective. ARTICLE II Section 8. That the State of Georgia is the owner of the above-described Tract IV of real property and that, in all matters

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relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. Section 9. That the above-described Tract IV of real property shall be sold and conveyed by appropriate instrument to Kay Epps by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00. Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 11. That the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. Section 12. That the conveyance instrument authorized by this resolution shall be recorded by the Grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. Section 13. That the authorization in this article to convey the above-described Tract IV of property to Kay Epps shall expire three years after the date that this resolution becomes effective. ARTICLE III Section 14. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 12, 1991.

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RAYMOND G. DAVIS MEDAL OF HONOR HIGHWAY DESIGNATED. No. 44 (Senate Resolution No. 122). A RESOLUTION Designating the Raymond G. Davis Medal of Honor Highway; and for other purposes. WHEREAS, Raymond G. Davis is one of only 22 Georgians to be awarded the distinguished Medal of Honor, and only 7 of these recipients are survivors today; and WHEREAS, the Medal of Honor was first issued by Congress during the Civil War and represents the highest U.S. military decoration awarded to service personnel who risk their lives in action beyond the call of duty; and WHEREAS, Lieutenant Colonel Raymond G. Davis of the U.S. Marine Corps served as the commanding officer of the 1st Battalion, 7th Marines, 1st Marine Division in Korea, and on December 1, 1950, he boldly led his battalion into action against enemy aggressor forces to relieve a beleaguered rifle company and to seize and defend a vital mountain pass controlling the only route available for two marine regiments in danger of being cut off by numerically superior hostile forces; and WHEREAS, in the midst of strong opposition from entrenched enemy forces commanding high ground, he valiantly spearheaded his unit in a fierce attack up the steep, ice-covered slopes in the face of enemy fire and personally led the assault groups in a hand-to-hand encounter to drive the hostile troops from their positions; and WHEREAS, Lieutenant Colonel Raymond G. Davis fearlessly led his battalion over three successive ridges in the deep snow in continuous attacks against the enemy and brought his unit to a point within 1500 yards of the surrounded rifle company by daybreak on December 2, 1950; and WHEREAS, although he was severely wounded, on December 3, 1950, he bravely led his battalion to the isolated marines, carrying

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all his wounded with him, and he steadfastly held the vital terrain until the two regiments of the division completed the pass successfully; and on the morning of December 4, 1950, he gallantly led his battalion into Hagaru-ri, Korea, intact; and WHEREAS, his superb leadership, outstanding courage, and brilliant tactical ability saved the beleaguered rifle company from complete annihilation and enabled the two marine regiments to escape to safety, and the outstanding bravery and unflinching determination demonstrated by Lieutenant Colonel Raymond G. Davis symbolized the utmost dedication to duty and love of country. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 42 in Henry County is designated as the Raymond G. Davis Medal of Honor Highway in recognition and honor of the heroic efforts of this distinguished U.S. Marine Corps battalion commander. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. Approved April 12, 1991. THOMPSON MILLS FOREST OF THE UNIVERSITY OF GEORGIA DESIGNATED AS THE STATE ARBORETUM OF GEORGIA. No. 45 (Senate Resolution No. 129). A RESOLUTION Designating the Thompson Mills Forest of the University of Georgia as the State Arboretum of Georgia; and for other purposes.

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WHEREAS, in 1980, the Thompson Mills Forest, an ecologically diverse area comprising 318 acres, was created by a deed of trust from Lenox Thompson Thornton of Roswell to the Board of Regents of the University System of Georgia for the purpose of establishing a public arboretum for the citizens of Georgia and others to use and enjoy; and WHEREAS, the arboretum is a uniquely scenic area possessing a wide diversity of forest types and native plant communities where visitors may walk its many trails and observe its natural beauty; and WHEREAS, Georgia possesses one of the richest and most diverse floras of any state in the nation, so that the number of native and exotic trees and shrubs, including rare and endangered species, now established in the arboretum greatly exceeds that of any other state in the region; and WHEREAS, with Georgia's unprecedented population growth and urbanization, it is essential to provide and maintain in perpetuity natural areas of tranquility where people may come to enjoy nature's solitude and view its endless wonders, and the arboretum serves such a purpose; and WHEREAS, the arboretum is located near the Interstate 85 corridor in an area three miles west of Braselton in the midst of the sprawling megalopolis of Atlanta, Gainesville, and Athens and is easily accessible to thousands of Georgia's citizens and out-of-state visitors each year; and WHEREAS, it is only fitting that proper recognition be given to the dedicated effort and achievements of the School of Forest Resources during the past decade in making the arboretum an educational facility of regional prominence; and it is only appropriate that the significance of this facility to the State of Georgia and its citizens be properly recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Thompson Mills Forest of the University of Georgia is designated the State Arboretum of Georgia.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Dean and Faculty of the School of Forest Resources of the University of Georgia. Approved April 12, 1991. BRANTLEY COUNTY BOARD OF EDUCATION AND OGLETHORPE POWER CORPORATION CONVEYANCE AND EASEMENT OF STATE PROPERTY. No. 46 (Senate Resolution No. 140). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Education; authorizing the granting of a nonexclusive easement for operation and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The Brantley County Board of Education is the owner of approximately 36.74 acres of real property in Land Lots 369, 370, 374, and 375 of the 2nd and 9th Land Districts of Brantley County; and the State of Georgia is the owner of approximately 2 acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia; (2) A title examination by the Brantley County Board of Education revealed that title to the above-mentioned two-acre parcel belongs to the State of Georgia;

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(3) The Brantley County Board of Education is desirous of obtaining the above-described two-acre state owned property for the purpose of constructing a middle school on the 36.74 acres surrounding the state owned property; and (4) The conveyance of the above-described, approximately two acres of real property would be beneficial both to the State of Georgia and to the Brantley County Board of Education; and WHEREAS: (1) The State of Georgia is the owner of certain real property located in Pulaski County, Georgia, which is in the custody of the Department of Corrections, utilized as the Pulaski Women's Prison; (2) Oglethorpe Power Corporation desires to construct, operate, and maintain an electric power distribution line and substation in, on, over, under, upon, across, or through a portion of said property; (3) The Department of Corrections agrees with the granting of this easement to Oglethorpe Power Corporation for the above-described purposes; (4) This electric power distribution line and substation in, on, over, under, upon, across, or through the above-described state owned property would be beneficial to the State of Georgia; and (5) A three-year revocable license has been granted to Oglethorpe Power Corporation by the State Properties Commission for the purposes set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I Section 1. (a) That the State of Georgia is the owner of the herein described real property in Brantley County, hereinafter referred to as the conveyance area.

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(b) That, in all matters relating to the conveyance of the herein described state owned real property, the State of Georgia is acting by and through its State Properties Commission. (c) That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to the Brantley County Board of Education approximately two acres, more or less, of real property in Land Lot 374 of the 9th Land District of Brantley County, Georgia, more particularly described by a plat of survey prepared by Harry A. Strickland, Georgia Registered Land Surveyor No. 2409, a copy of which is on file in the office of the State Properties Commission. (d) That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance. (e) That the consideration for such conveyance shall be $650.00 and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. (f) That the conveyance herein considered shall contain such other reasonable terms and conditions 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 property, so long as the description utilized by the State Properties Commission describes the same conveyance area herein considered. (g) That the conveyance instrument authorized by this article shall be recorded by the Grantee in the Superior Court of Brantley County and a recorded copy shall be forwarded to the State Properties Commission. (h) That the authorization in this article to convey the above-described property to the Brantley County Board of Education shall expire three years after the date that this resolution becomes effective.

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ARTICLE II Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property in Pulaski 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. (b) That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electric power distribution line and substation in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electric power distribution line and substation, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 369, District 21 of Pulaski County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Pulaski 46/12 KV Substation on property in the custody of the Department of Corrections, which plat was prepared by Ronald McCann, Georgia Registered Land Surveyor No. 1752. This plat indicating the easement area is on file in the office of the State Properties Commission. (c) That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said electric power distribution line and substation. (d) That, after Oglethorpe Power Corporation has put into use the electric power distribution line and substation for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation or 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 or its successors and assigns.

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(e) That no title shall be conveyed to Oglethorpe Power Corporation and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. (f) That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. (g) That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and convenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (h) That the consideration for such easement shall be $10.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. (i) That the grant of easement shall be recorded by the Grantee in the Superior Court of Pulaski County and a recorded copy shall be forwarded to the State Properties Commission. (j) That the authorization in this article to grant the above-described easement to Oglethorpe Power Corporation shall expire three years after the date that this resolution becomes effective. (k) 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.

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ARTICLE III 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 12, 1991. ROGER E. JAMES BRIDGE AND J. TRUMAN HOLMES BRIDGE DESIGNATED. No. 47 (Senate Resolution No. 233). A RESOLUTION Commending Mr. Roger E. James and designating the Roger E. James Bridge and honoring Mr. J. Truman Holmes and designating the J. Truman Holmes Bridge; and for other purposes. WHEREAS, Mr. Roger E. James is a lifelong resident of Clinch County, Georgia; and WHEREAS, a committed conservationist, Mr. James is the owner and operator of Air Growers, a company which plants pine trees, and Mr. James has been responsible for planting more pine trees in this state than any other man, and the benefit he has brought both to the ecology and to the economy of this state is immeasurable; and WHEREAS, he is widely regarded among those who know him as not only a successful businessman and conservationist, but also as a fine person and a good friend to have; and

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WHEREAS, it is abundantly fitting and proper that an appropriate monument 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 Mr. Roger E. James for his many achievements and contributions to his community and state. BE IT FURTHER RESOLVED that the bridge over Suwannoochee Creek on State Road 37 in Clinch County, Georgia, is named and designated as the Roger E. James Bridge. WHEREAS, J. Truman Holmes, the son of Will and Martha Burch Holmes, was born on February 23, 1897, near Hiawassee, Georgia; and WHEREAS, he attended school at Macedonia and the Hiawassee Academy; and WHEREAS, during the depression, he joined the Civil Conservation Corps and helped build the rock tower on Brasstown Bald; and WHEREAS, Mr. Holmes was employed by the State of Georgia as a prison guard and later as a game warden in the Lake Chatuge area for approximately 20 years; and WHEREAS, Mr. Holmes and his lovely wife, Stella Brown Holmes, had seven children, four of whom served in World War II and the Korean War; and WHEREAS, Mr. and Mrs. Holmes were one of the most respected and best-loved couples in the Towns County area and did much to contribute and preserve the mountain way of life; 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 bridge over the Hiawassee River on U.S. Highway 76 in Towns County, Georgia, is

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designated the J. Truman Holmes Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Roger E. James Bridge and the J. Truman Holmes Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Roger E. James and to the family of Mr. J. Truman Holmes. Approved April 12, 1991. LYLE JONES PARKWAY DESIGNATED. No. 48 (Senate Resolution No. 235). A RESOLUTION Designating the Lyle Jones Parkway; and for other purposes. WHEREAS, Mr. Lyle Jones of LaFayette, Georgia, has a distinguished history of service to the City of LaFayette and its citizens; and WHEREAS, since his arrival in LaFayette in 1956, Lyle Jones has been a prominent leader serving on the city council from 1975 until 1984, with an enviable record of public support, having never faced opposition in his election races; and WHEREAS, from 1985 until his retirement in 1990, Mr. Lyle Jones held the position of Mayor of LaFayette, Georgia, where he demonstrated his outstanding leadership skills and abilities; and WHEREAS, in addition to his record of excellence in local public service, Mr. Lyle Jones served the people of the State of

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Georgia as a member of the Board of Corrections from 1983 to 1990 and as chairman for 1989 and 1990; and WHEREAS, it is fitting and proper that the contributions of Mr. Lyle Jones to the City of LaFayette be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that new portion of the bypass around the City of LaFayette which begins at the intersection of South Main Street and U. S. Highway 27 and running north to the intersection of McCarter Road and U. S. Highway 27 is designated as the Lyle Jones Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Lyle Jones. Approved April 12, 1991. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA EMPLOYER CONTRIBUTIONS ON BEHALF OF MEMBERS IN THE ARMED FORCES; PENSION ACCUMULATION FUND. Code Section 47-2-141 Amended. No. 483 (House Bill No. 40). AN ACT To amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide

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that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Anything in this chapter to the contrary notwithstanding, an employer contribution shall be made to the account of any member who during a national emergency enters or in time of peace is drafted into the armed forces of the United States directly from state employment or from employment in a federal agency after having been transferred to such agency from state employment under Code Section 47-2-140. The contribution shall be made by the employer for the period during which the member served in the armed forces of the United States and in the same amount as would have been contributed by the employer had the member remained in employment under the retirement system without change in compensation during that period, provided that such contribution shall be made for not more than five years of such period. Such contribution shall be paid into the pension accumulation fund as provided in Code Section 47-2-55. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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BAD CHECKS SERVICE CHARGE; FORMS; CHECK DISHONOR FEES UNDER THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT. Code Sections 10-1-7 and 13-6-15 Amended. No. 484 (House Bill No. 47). AN ACT To amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under The Retail Installment and Home Solicitation Sales Act, so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge; to change the form of the written demand required to be sent to the maker of an instrument before the payee may recover damages; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under The Retail Installment and Home Solicitation Sales Act, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a fee not to exceed $20.00 or 5 percent of the face amount of the check, draft, or order, whichever is greater, may be charged to the buyer and will be added to the unpaid balance on the buyer's account if ten days have elapsed since the retail seller

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has mailed to the buyer at his last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded. Section 2. Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The payee may charge the maker of the check, draft, or order a service charge not to exceed $20.00 or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. Section 3. Said Code Section 13-6-15 is further amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Before any recovery under subsection (a) or (b) of this Code section may be claimed, a written demand in substantially the form which follows shall be sent by certified mail to the maker of the instrument at the address shown on the instrument: `You are hereby notified that a check or instrument numbered....., issued by you on..... (date), drawn upon..... (name of bank), and payable to....., has been dishonored. Pursuant to Georgia law, you have 30 days from receipt of this notice to tender payment of the full amount of the check or instrument plus a service charge of $20.00 or 5 percent of the face amount of the check or instrument, whichever is greater, the total amount due being $...... Unless this amount is paid in full within the 30 day period, the holder of the check or instrument may file a civil suit against you for

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two times the amount of the check or instrument, but in no case more than $500.00, in addition to the payment of the check or instrument plus any court costs incurred by the payee in taking the action.' 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, 1991. GEORGIA ADMINISTRATIVE PROCEDURE ACT DOCUMENTS; FILED UPON RECEIPT OR UPON MAILING BY CERTIFIED OR REGISTERED MAIL. Code Section 50-13-23 Enacted. No. 485 (House Bill No. 118). AN ACT To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act, so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail; 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, the Georgia Administrative Procedure Act,

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is amended by inserting at the end thereof a new Code Section 50-13-23 to read as follows: 50-13-23. Notwithstanding any provision of law to the contrary, any document required by law, rule, or regulation to be received by or filed with any agency pursuant to the requirements of this chapter shall be deemed to be received by or filed with such agency on the earlier of: (1) the date such document is actually received by such agency; or (2) the official postmark date such document was mailed, properly addressed with postage prepaid, by registered or certified mail. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. PROBATION COMMUNITY SERVICE PROGRAMS; USE FOR PRIVATE GAIN. Code Section 42-8-70 Amended. No. 486 (House Bill No. 125). AN ACT To amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, is amended by striking Code Section 42-8-70 in its entirety and inserting in lieu thereof the following: 42-8-70. (a) As used in this article, the term: (1) `Agency' means any private or public agency or organization approved by the court to participate in a community service program. (2) `Community service' means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing. (3) `Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual. (c) Subsection (b) of this Code section shall not apply to: (1) Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-8-72; (2) Work on private property because of a natural disaster; or (3) An order or direction by the sentencing judge.

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(d) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. HAZARDOUS CHEMICALS GEORGIA HAZARDOUS CHEMICAL LIST; DELETE PROVISIONS; DEPARTMENT OF LABOR; CONCENTRATION LEVELS; AUTHORITY; PUBLIC INSPECTION; EMPLOYEE GRIEVANCES; SAFETY DATA SHEETS. Code Title 45, Chapter 22 Amended. No. 487 (House Bill No. 217). AN ACT To amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the Public Employee Hazardous Chemical Protection and Right to Know Act of 1988, so as to delete all provisions regarding the Georgia Hazardous Chemical List; to delete certain provisions requiring the Department of Labor to establish certain concentration levels; to revise certain rule-making authority of the Department of Labor; to provide for applicability with respect to certain chemicals or mixtures which are hazardous but which are regulated and are labeled pursuant to federal law; to provide for public inspection of employers' lists of hazardous chemicals; to revise procedures regarding employee grievances; to change certain provisions regarding material safety data sheets; to define certain terms; to change certain definitions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the Public Employee Hazardous Chemical Protection and Right to Know Act of 1988, is amended by striking paragraph (11) of Code Section 45-22-2, relating to definitions, and inserting in its place a new paragraph (11) to read as follows: (11) `Hazardous chemical' means any chemical which is a physical hazard or a health hazard. Section 2. Said chapter is further amended by adding a new paragraph immediately following paragraph (11) of Code Section 45-22-2, relating to definitions, to be designated paragraph (11.1), to read as follows: (11.1) `Health hazard' means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees and shall include all examples of hazardous chemicals to which reference is made in the definition of `health hazard' under the Occupational Safety and Health Administration standard, 29 CFR Section 1910.1200 (1987). Section 3. Said chapter is further amended by striking paragraph (14) of Code Section 45-22-2, relating to definitions, and inserting in its place a new paragraph (14) to read as follows: (14) Reserved. Section 4. Said chapter is further amended by adding a new paragraph immediately following paragraph (20) of Code Section 45-22-2, relating to definitions, to be designated paragraph (20.1), to read as follows: (20.1) `Physical hazard' means a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive. Section 5. Said chapter is further amended by striking paragraph (24) of Code Section 45-22-2, relating to definitions, and inserting in its place a new paragraph (24) to read as follows:

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(24) `Workplace' means an establishment or business at one geographic location at which work is performed by a state employee and which contains one or more work areas. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor. Section 6. Said chapter is further amended by striking Code Section 45-22-5, relating to promulgation and review of the Georgia Hazardous Chemical List, and inserting in its place a new Code Section 45-22-5 to read as follows: 45-22-5. (a) The provisions of this chapter shall not apply to: (1) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely; (2) Alcoholic beverages as defined in Title 3; (3) Articles intended for personal consumption by employees in the workplace; (4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and Federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, including any such product or hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers; (5) Articles sold or used in retail food establishments and retail trade establishments; (6) Chemicals which are merely being transported in the state as part of a shipment in interstate or intrastate commerce; or

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(7) Chemicals or mixtures which may be hazardous but which are covered by the federal Atomic Energy Act and the federal Resource Conservation and Recovery Act. (b) The provisions of this chapter shall not require labeling of the following chemicals: (1) Any pesticide as such term is defined in the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136, et seq., when such pesticide is subject to the labeling requirements of that federal Act and labeling regulations issued under that federal Act by the United States Environmental Protection Agency; (2) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products, as such terms are defined in the federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, et seq., and regulations issued under that federal Act, when subject to the labeling requirements under that federal Act by the Food and Drug Administration; (3) Any distilled spirits, beverage alcohols, wine, or malt beverage intended for nonindustrial use as such terms are defined in the federal Alcohol Administration Act, 27 U.S.C. Section 201, et seq., and regulations issued under that federal Act, when subject to the labeling requirements of that federal Act by the United States Bureau of Alcohol, Tobacco, and Firearms; or (4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and the federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, when subject to a consumer product safety standard or labeling requirement of those federal Acts or regulations issued under those federal Acts by the Consumer Product Safety Commission. (c) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall

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promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals. Section 7. Said chapter is further amended by striking Code Section 45-22-6, relating to review and preparation of the Georgia Hazardous Chemical List, and inserting in its place a new Code Section 45-22-6 to read as follows: 45-22-6. (a) The Governor's Employment and Training Council shall assist the department in reviewing and preparing rules and regulations necessary to administer this chapter. For the purposes of this chapter, the council shall meet at the call of the Commissioner. When the council is meeting for the purposes of this chapter, it shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group. (b) The Governor's Employment and Training Council or the Commissioner shall be authorized to consult with persons knowledgeable in the field of hazardous chemicals and to create committees composed of such consultants and members of the council to assist the council and Commissioner in carrying out their duties under this chapter. (c) The department shall consider the advice and recommendations of the council in promulgating rules and regulations and their amendments. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection. Section 8. Said chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 45-22-7, relating to material safety data sheets, and inserting in its place a new paragraph (2) to read as follows: (2) If the chemical is labeled pursuant to: (A) The federal Atomic Energy Act; (B) The federal Resource Conservation Recovery Act; or.

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Section 9. Said chapter is further amended by striking subsections (f) and (i) of Code Section 45-22-7, relating to material safety data sheets, and inserting in their places new subsections (f) and (i), respectively, to read as follows: (f) If an employer is not supplied with a material safety data sheet by a manufacturer, importer, or distributor for a hazardous chemical subject to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, `diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distributor of the hazardous chemicals; provided, however, that an independent contractor or subcontractor shall be responsible for obtaining the material safety data sheet for his employees in the workplace of another. (i) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule promulgated by the department in a place where notices are normally posted, informing employees of their rights under this chapter. Section 10. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 45-22-8, relating to information and training standards, which reads as follows: (d) The information and training standards provided for in this Code section and established by the department shall not be implemented until after the promulgation of the Georgia Hazardous Chemical List and shall not be implemented unless sufficient funds are appropriated by the General Assembly for the purpose of providing such information and training. Section 11. Said chapter is further amended by striking Code Section 45-22-9, relating to publication of the employers' hazardous chemical list, and inserting in its place a new Code Section 45-22-9 to read as follows: 45-22-9. On and after July 1, 1989, each employer shall publish in January and July of each year a list of hazardous

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chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the workplace office. A comprehensive list of all hazardous chemicals used by the employer shall also be available for public inspection at the employer's state headquarters. Section 12. Said chapter is further amended by striking subsection (a) of Code Section 45-22-11, relating to filing of employee grievances, and inserting in its place a new subsection (a) to read as follows: (a) In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file a grievance in accordance with the employer's established grievance procedures. Appointing authorities shall pursue all complaints concerning occupational exposure to hazardous chemicals. Employees dissatisfied with a final decision of an appointing authority may file a grievance with the Commissioner. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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LOCAL GOVERNMENT MUTUAL AID AGREEMENTS WITH LOCAL GOVERNMENTS OF OTHER STATES OR THE FEDERAL GOVERNMENT FOR LAW ENFORCEMENT SERVICES IN A LOCAL EMERGENCY; SHERIFF'S APPROVAL. Code Section 36-69-3.1 Enacted. No. 488 (House Bill No. 232). 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 authorize counties and municipalities in this state to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in law enforcement; to require that such contracts or mutual aid agreements shall have incorporated therein certain provisions of law; to require that such a contract or mutual aid agreement entered into by a county shall not become effective unless approved by the sheriff of such county; 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 adding between Code Sections 36-69-3 and 36-69-4 a new Code Section 36-69-3.1 to read as follows: 36-69-3.1. Any county or municipality in this state shall be authorized to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in

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law enforcement. Any such contract or mutual aid agreement shall have incorporated therein the provisions of Code Sections 36-69-4 through 36-69-8. Any such contract or mutual aid agreement entered into by a county shall not become effective until approved by the sheriff of such county. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. EMERGENCY MANAGEMENT RESCUE SPECIALISTS KILLED OR DISABLED; INDEMNIFICATION; DEFINITION. Code Sections 45-9-80, 45-9-81, 45-9-82, 45-9-84.2, 45-9-85, and 45-9-86 Amended. No. 489 (House Bill No. 238). AN ACT To amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or permanently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991; to provide an additional intention of such article; to provide a definition; to provide for matters relative to the indemnification of such emergency management rescue specialists; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or permanently disabled in the line of duty, is

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amended by striking the word and at the end of paragraph (2) of Code Section 45-9-80, relating to the purpose of such article, by striking the period at the end of paragraph (3) of such Code section and inserting in lieu thereof the symbol and word ; and, and by inserting at the end of such Code section a new paragraph to read as follows: (4) Provide by law for the indemnification with respect to the death or permanent disability of emergency management rescue specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991. Section 2. Said article is further amended by renumbering paragraphs (2) through (7) of Code Section 45-9-81, relating to definitions relative to such article, as paragraphs (3) through (8), respectively, and by inserting immediately following paragraph (1) of such Code section a new paragraph to read as follows: (2) `Emergency management rescue specialist' means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36. Section 3. Said article is further amended by striking the word and at the end of paragraph (3) of subsection (a) of Code Section 45-9-82, relating to the establishment of an indemnification program for certain persons, by striking the period at the end of paragraph (3) of such subsection and inserting in lieu thereof the symbol and word ; and, and by inserting at the end of such subsection a new paragraph to read as follows: (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991. Section 4. Said article is further amended by striking in its entirety Code Section 45-9-84.2, relating to authorization for the appropriation of moneys for the Georgia State Indemnification Fund, and inserting in lieu thereof a new Code section to read as follows: 45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with

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respect to the death or disability of any law enforcement officer, fireman, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973, the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977, and the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, as well as defraying the expenses and costs incurred by the commission in the administration of this article. In addition, the Fiscal Division of the Department of Administrative Services is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse. Section 5. Said article is further amended by striking in its entirety Code Section 45-9-85, relating to payment of indemnification for the death or disability of certain persons, and inserting in lieu thereof a new Code section to read as follows: 45-9-85. (a) The indemnification shall be paid by the commission when a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard who in the line of duty: (1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management rescue specialists, or prison guards, and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management

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rescue specialists, or prison guards, and if the permanent disability is not intentionally self-inflicted. (b) (1) Every law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, and prison guard shall designate his beneficiary and method of payment for the purpose of indemnification for death under this article. The designation shall be made to the commission in writing and on forms furnished by the commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum. (2) The beneficiary, in the case of a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard permanently disabled in the line of duty, shall be the disabled officer, fireman, emergency medical technician, emergency management rescue specialist, or guard. (3) Each law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard shall be authorized to designate one of the following methods of payment: (A) The payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or (B) Payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (4) With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article,

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payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (5) With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled. (c) After determining that a law enforcement officer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard has been killed or permanently disabled in the line of duty and that he or his beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the director of the Fiscal Division of the Department of Administrative Services who is authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this article. Section 6. Said article is further amended by inserting at the end of Code Section 45-9-86, relating to procedures for applying for indemnification, a new subsection to read as follows: (e) An application for indemnification with respect to the death or permanent disability of an emergency management rescue specialist who is killed or permanently disabled in the line of duty on or after January 1, 1991, must be made within 24 months after the date of the death or disability. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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FIRE SPRINKLERS INSTALLATION; CERTAIN PERSONS; LICENSES. Code Section 25-11-7 Amended. No. 490 (House Bill No. 272). AN ACT To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, so as to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor, fire protection sprinkler contractor, or licensed plumber; to provide that under certain conditions a utility contractor performing such installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be required to have a valid license issued under Chapter 14 of Title 43; to provide that the utility contractor shall be responsible for the installation of facilities which provide an adequate flow of water to the fire protection sprinkler system or water-spray system; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, is amended by striking in its entirety Code Section 25-11-7, relating to proof of contractor's competency as requirement for license or building permit, and inserting in lieu thereof a new Code Section 25-11-7 to read as follows: 25-11-7. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor, fire protection sprinkler contractor, or licensed plumber; provided, however, that after utility contractors are required to be licensed under Chapter 14 of Title 43, the utility contractor

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performing such installation or repair work shall be required to have a valid license issued under Chapter 14 of Title 43. The utility contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the fire protection sprinkler system or water-spray system. (b) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a fire protection sprinkler system or water-spray system, such local official shall require a copy of a valid certificate of competency from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency. (c) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. 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, 1991.

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PENAL INSTITUTIONS NOTIFICATION OF LAW ENFORCEMENT AGENCY THAT PATIENT OR INMATE TO BE TRANSPORTED HAS COMMUNICABLE DISEASE. Code Section 42-1-7 Enacted. No. 491 (House Bill No. 288). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notification by an institution or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease; to provide for a definition; to provide for confidentiality; to provide for penalties for unauthorized disclosure; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, is amended by creating a new Code Section 42-1-7 immediately following Code Section 42-1-6 to read as follows: 42-1-7. (a) For the purposes of this Code section, the term `infectious or communicable disease' shall include infectious hepatitis, tuberculosis, influenza, measles, chicken pox, meningitis, HIV as defined in Code Section 31-22-9.1, or any venereal disease enumerated in Code Section 31-17-1. (b) Notwithstanding any other provision of law, any state or county correctional institution, municipal or county detention facility, or any facility as defined in Code Section 37-3-1 shall notify any state or local law enforcement agency required to transport an inmate or patient if such inmate or patient has been diagnosed as having an infectious or communicable disease. Notification shall be limited to the fact that such inmate or patient has an infectious or communicable disease and whether such disease is airborne or transmissible by blood or

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other body fluids; provided, however, that the specific disease shall not be disclosed. The Department of Human Resources shall provide a guide for appropriate precautions to be taken by any person or persons transporting such inmate or patient and shall develop a form to be used for the purpose of ensuring that such precautions are taken. (c) Information released or obtained pursuant to this Code section shall be privileged and confidential and shall only be released or obtained by the institutions, facilities, or agencies who are parties to the transportation of the patient or inmate. Any person making an unauthorized disclosure of such information 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 16, 1991. CHILD ABUSE REPORTS ACCESS; RECLASSIFICATION OF CHILD ABUSE CASES. Code Sections 49-5-41 and 49-5-183 Amended. No. 492 (House Bill No. 289). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the conditions relating to such access; to require the reporting of certain reclassifications of child abuse cases; to repeal specifically certain provisions of an Act

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approved April 16, 1990 (Ga. L. 1990, p. 1778) prohibiting certain actions which might result in the loss of federal funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, is amended by striking paragraph (7) of subsection (a) of Code Section 49-5-41, relating to access to records regarding child abuse, and inserting in its place a new paragraph to read as follows: (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 and that issue involves the conduct of such personnel in child related employment activities, provided that only those parts of the record relevant to the child related employment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record. Section 2. Said Code section is further amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows: (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,

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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 (C) Names and addresses of individuals, other than officials, employees, or agents of agencies receiving or investigating a report of abuse or treating a child or family which is the subject of a report, shall be deleted from any information released pursuant to this subsection unless the court determines that having the names and addresses open for review is essential to the research and the child, through his or her representative, gives permission to release the information. (3) 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. Section 3. Said Code section is further amended by striking paragraphs (7) and (8) of subsection (c) thereof and inserting in their respective places the following: (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, except that such access or release shall protect the identity of:

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(A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; (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 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, except that such access or release shall protect the identity of: (A) Any person reporting the child abuse; and (B) Any other person whose life or safety has been determined by the department or agency likely to be endangered if the identity were not so protected; and Section 4. Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Section 49-5-183, regarding reporting of child abuse cases to the child abuse registry, and inserting in its place a new paragraph to read as follows: (2) If the case is classified as `confirmed,' `unconfirmed,' or `unfounded,' report such classification to the abuse registry. Section 5. An Act approved April 16, 1990 (Ga. L. 1990, p. 1778), relating to child abuse records, is amended by repealing Section 5 thereof which reads as follows: 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.

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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 16, 1991. SUPERIOR COURT CLERKS; CERTAIN FEES. Code Sections 9-12-135, 15-6-77, 15-6-77.4, 19-8-20, 19-12-3, 36-15-9, 40-9-40, 44-2-210, 44-14-574, and 46-5-100 Amended. No. 493 (House Bill No. 290). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof; to change the provisions relating to additional filing fees in divorce cases for the Children's Trust Fund; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the Uniform Enforcement of Foreign Judgments Law, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, so as to change the provisions relating to fees of clerks of the superior courts; to amend Article 2 of

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Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as The Land Registration Law, so as to change the provisions relating to fees of clerks of the superior courts; to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the Rural Telephone Cooperative Act, so as to change the provisions relating to fees of clerks of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77, relating to fees of clerks of the superior courts, which reads as follows: 15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for official duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury. (b) Fees in civil cases: (1) (A) As used in this paragraph, the term `domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. (B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the

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total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant. (2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services rendered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant. (3) Nothing contained in this subsection shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions. (5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be: (A) Filing and docketing actions, complaints, or motions $4.00 (B) Copying and issuing process or summons 4.00 (C) Each copy after first copy 2.00

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(D) Entering verdict or judgment on dockets 2.00 (E) Filing all subsequent pleadings and instruments 1.00 (F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each 1.00 All bonds over 500, each .50 (G) Recording on final record, per page 1.50 (c) Fees for filing and recording documents, instruments, etc., pertaining to property: (1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52, first page $ 4.50 Each page, after the first 2.00 (2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each 3.50 (3) Recording maps or plats 5.00 The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.

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(4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403, first page 5.00 Each page, after the first 1.00 No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405. (5) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page 5.00 Each page, after the first 1.00 (6) Providing copy of any document filed under Article 9 of Title 11, per page 1.00 (7) Entering cross-reference in real property index, per entry 1.00 (8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal property liens 2.00

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(d) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page $ 4.50 Each page, after the first 2.00 (2) Certification or exemplification of record, per page .50 (3) Clerk's certificate 1.00 (4) Court's seal 1.00 (5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 8.00 (6) Registering and filing trade names pursuant to Code Section 10-1-490 5.00 (7) The clerk shall not charge a fee for recording discharge certificates of veterans, as provided in Code Section 15-6-78. (8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574: (A) Tax lien on real or personal property 2.00 (B) Certificate of discharge or subordination 2.00 (C) All other notices, including a certificate of release or nonattachment 2.00

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(9) Reserved. (10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40 1.00 (11) No fee shall be charged for the issuance of license to practice law. (12) Filing incorporation proceedings except for corporations for which filing procedures are governed by Chapter 2 of Title 14: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 20.00 (13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511 .25 (14) Filing hospital lien, each page 2.00

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(15) Filing lis pendens, each page 2.00 (16) Filing petition alleging one or more acts of family violence pursuant to Article 1 of Chapter 13 of Title 19 16.00 (17) Filing a foreign money judgment pursuant to Article 6 of Chapter 12 of Title 9 10.00 (e) Fees in quasi-civil and criminal cases: (1) Issuing writ of fieri facias $ 3.00 (2) Entering writ of fieri facias or other execution on general execution docket 2.00 (3) Issuing subpoena or summons to witness 1.00 (4) Furnishing and certifying any process, order, etc., for publication 2.00 (5) Providing uncertified photocopies of documents in clerk's office, per page .25 (6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page 1.50 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of 5.00 (7) Entering remittitur from Supreme Court or Court of Appeals 1.00

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(8) Issuing jury script or check, each .30 (9) For each day of service in attendance upon the courts 50.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. (10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases. (11) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the `Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases. (f) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record $ 3.00 (2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement 10.00 (3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi 5.00 (4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 1.00

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(5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12 1.00 (6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 5.00 (7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page 1.50 Subsequent copies, per page .50 (8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page 1.50 Clerk's certificate 1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. (g) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect., and inserting in lieu thereof a new Code Section 15-6-77 to read as follows: 15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. (b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may

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be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law. (c) In all counties in this state where the clerk of the superior court is on a salary basis, the costs provided for in this Code section shall be paid into the county treasury less and except such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties. (d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service. (e) Costs in civil cases: (1) As used in this subsection, the term `civil cases' shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section. (2) Except as provided in paragraph (3) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require

Page 1335

advance payment of such sum by the state, its agencies, or political subdivisions. (3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action: (A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each $ 1.00 All bonds over 500, each .50 (B) Recording on final record, per page 1.50 (4) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable: (1) (A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page $ 4.50

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Each page, after the first 2.00 (B) Filing financing statements, amendments to financing statements, continuation statements, release of collateral, first page 5.00 Each page, after the first 2.00 (2) Filing maps or plats, each page 7.50 (3) Entering cross-reference in real and personal property indices, per instrument 1.00 (4) For processing an assignment of a security deed, for each deed assigned 4.50 (g) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page $ 5.00 Each page, after the first 2.00 (2) Uncertified copies of documents, per page .25 (3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches 2.00 (4) Certification or exemplification of record, including certificates and seals, first page 2.50 Each page, after the first .50 (5) Clerk's certificate 1.00 (6) Court's seal 1.00

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(7) The clerk may provide computer generated printouts of public records subject to disclosure maintained on computer by the clerk, for each page of printed data or its equivalent 2.50 Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law. (8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40 3.00 (9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 13.00 (10) Registering and filing trade names pursuant to Code Section 10-1-490 8.00 (11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each 1.00

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(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page 1.50 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of 5.00 (13) Issuing jury scrip or check, each .30 (14) For each day of service in attendance upon the courts 50.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. (15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases. (16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the `Uniform Limited Partnership Act,' and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases. (17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14:

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(A) Article of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 20.00 (h) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations $ 3.00 (2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 1.00 (3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12 1.00 (4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 5.00

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(5) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page 1.50 Subsequent copies, per page .50 (6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page 1.50 Clerk's certificate 1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. (7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum. (i) No fees shall be charged for the following: (1) Filing a termination of a financing statement as provided in Code Section 11-9-404; (2) Filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405; (3) Recording discharge certificates of veterans, as provided in Code Section 15-6-78; (4) Recording and certifying documents in connection with admission to practice law.

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(j) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect. (k) No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same. (l) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law. Section 2. Said article is further amended by striking Code Section 15-6-77.4, relating to additional filing fees in divorce cases for the Children's Trust Fund, and inserting in lieu thereof a new Code Section 15-6-77.4 to read as follows: 15-6-77.4 (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which

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the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. (c) The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77. Section 3. Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the Uniform Enforcement of Foreign Judgments Law, is amended by striking Code Section 9-12-135, relating to fees, which reads as follows: 9-12-135. A person filing a foreign judgment shall pay to the clerk of the court the amount specified therefor in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state., and inserting in lieu thereof a new Code Section 9-12-135 to read as follows: 9-12-135. A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law. Section 4. Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (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 paragraph (4) of subsection (g) of Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate. Section 5. Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, is

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amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) At any time after the entry of the final order of change of name, upon the request of the petitioner requesting the change of name, the clerk of the court granting the same shall issue to the petitioner a certificate of change of name, under the seal of the court, upon payment to the clerk of the fee provided in paragraph (4) of subsection (g) of Code Section 15-6-77. The certificate shall be received as evidence of the facts contained in the certificate. Section 6. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accordance with the provisions of subsection (b) of Code Section 15-6-77. Section 7. Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, is amended by striking Code Section 40-9-40, relating to a check of court records for pending actions or unsatisfied judgments and certificates of clerks, and inserting in lieu thereof a new Code Section 40-9-40 to read as follows: 40-9-40. At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish such operator or owner or authorized representative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against such operator or owner arising out of the accident which necessitated the depositing of security or on which the suspension was based. The fee for providing such certificate shall be as provided in

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Code Section 15-6-77 and shall be paid by the party requesting the certificate. Section 8. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as The Land Registration Law, is amended by striking subsection (d) of said Code section, which reads as follows: (d) With each application for initial registration, the applicant shall deposit with the clerk the sum of $20.00 as a deposit to guarantee costs and may, from time to time, be required by the court to make additional deposits. The clerk shall not be required to enter any notation, entry, or registration upon the register of title or the owner's certificate unless the fees prescribed therefor are paid to him., and inserting in lieu thereof a new subsection (d) to read as follows: (d) Upon filing each application for initial registration, the applicant shall pay to the clerk the fee for civil cases as provided in Code Section 15-6-77. Section 9. Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, is amended by striking Code Section 44-14-574, relating to fees for filing and indexing such liens, which reads as follows: 44-14-574. (a) The fee for filing and indexing each notice of a lien or certificate or notice affecting the tax lien shall be as required by paragraph (8) of subsection (d) of Code Section 15-6-77. (b) The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them., and inserting in lieu thereof a new Code Section 44-14-574 to read as follows:

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44-14-574. The fee for filing and indexing each notice of a lien or certificate or notice affecting a tax lien shall be as provided in subsection (f) of Code Section 15-6-77. Section 10. Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the Rural Telephone Cooperative Act, is amended by striking subsection (a) of said Code section, which reads as follows: (a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings., and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings. Section 11. This Act shall become effective on July 1, 1991. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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FAIR BUSINESS PRACTICES ACT OF 1975 CEASE AND DESIST ORDER; TELEPHONE SERVICE CARRIERS; BILLINGS; LIABILITY. Code Section 10-1-397 Amended. No. 494 (House Bill No. 350). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect; to provide that carriers shall suspend billings without incurring any liability or being made a party to subsequent proceedings under the Act; to provide that the administrator shall certify to the carrier how to collect such billings pursuant to a final resolution of the matter; to provide that the carrier shall incur no liability for doing so; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, is amended by adding a new subsection (e) to Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders, to read as follows: (e) (1) Whenever the administrator issues a cease and desist order to any person regarding the use of a telephone number which when called automatically imposes a per-call charge or other costs to the consumer, other than a regular charge imposed for long distance service, including but not limited to a telephone number in which the local prefix is 976 or in which the long distance prefix is 900, the administrator may certify to the appropriate local or long distance carrier responsible for billing consumers for the charges that billing for the charges or for certain of the charges should be suspended. The carrier shall then suspend such

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billing with reasonable promptness to preserve the assets of consumers in accordance with the certification, without incurring any liability to any person for doing so. For the purposes of this Code section, `reasonable promptness to preserve the assets of consumers' shall mean to act as quickly as the carrier would act to preserve its own assets, provided that the carrier cannot be required to make any changes to its existing systems, technologies, or methods used for billing, other than any minimal procedural changes necessary to actually suspend the billing. The carrier shall not be made a party to any proceedings under this part for complying with this requirement but shall have a right to be heard as a third party in any such proceedings. (2) The suspension of billing under this subsection shall remain in effect until the administrator certifies to the carrier that the matter has been resolved. The administrator shall certify to the carrier with reasonable promptness when the matter has been resolved. In this certification the administrator shall advise the carrier to collect none of, all of, or any designated part of the billings in accordance with the documents or orders which resolved the matter. The carrier shall collect or not collect the billings in the manner so designated and shall not incur any liability to any person for doing so. (3) Nothing contained in this subsection shall limit or restrict the right of the carrier to place its own restrictions, guidelines, or criteria, by whatever name denominated, upon the use of such telephone service, provided such restrictions, guidelines, or criteria do not conflict with the provisions of this subsection. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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HOME ARREST PROGRAMSCOUNTY OFFENDERS; DEFINITIONS; ASSIGNMENT; REVOCATION; ELIGIBILITY; COSTS. Code Section 42-1-7 Enacted. No. 495 (House Bill No. 379). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders; to provide for definitions; to provide for assignment to home arrest by the court or sheriff; to provide for notice; to provide for revocation of such placement; to provide for eligibility; to provide for disposition of an offender's wages; to provide that offenders on home arrest are not county employees; to provide for reimbursement of costs to local jails; 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 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended by adding a new Code Section 42-1-7 to read as follows: 42-1-7. (a) As used in this Code section, the term: (1) `Educational program' means a program of learning recognized by the State Board of Education. (2) `Habilitative program' means and includes an alcohol or drug treatment program, mental health program, family counseling, community service, or any other community program ordered or approved by the court having jurisdiction over the offender or by the sheriff.

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(3) `Home arrest' means an electronic monitoring of an offender at a residence approved and accepted by the court, the sheriff, or the director or administrator of the home arrest program. (b) Notwithstanding the provisions of Code Section 42-1-4, any person who is confined in a county jail (1) after conviction and sentencing, (2) pending completion of a presentencing report, or (3) after return for a violation of the terms of probation may, in the discretion of the sheriff and subject to the eligibility requirements set forth in subsection (d) of this Code section, be assigned to a home arrest program under supervision of the sheriff. If it appears to the court that an offender subject to its jurisdiction is a suitable candidate for a home arrest program, the court may, subject to the eligibility requirements of subsection (d) of this Code section, order the offender to a home arrest program. Further, the sheriff or the court may authorize the offender to participate in educational or other habilitative programs designed to supplement home arrest. (c) Whenever the sheriff assigns an offender to home arrest, the court which sentenced such offender or before which such offender's case is pending shall be notified in writing by the sheriff or the director or administrator of the home arrest program to which the offender is assigned of the offender's place of employment and the location of any educational or habilitative program in which the offender participates. The court, in its discretion, may revoke the authority for any offender to participate in home arrest, whether such offender was assigned to home arrest by the court or the sheriff. The sheriff or home arrest director or administrator may enter into an agreement to accept into the local home arrest program offenders who are sentenced to home arrest or who have met all home arrest standards. (d) In order to qualify for assignment to a home arrest program, an offender: (1) May not be subject to any outstanding warrants or orders from any other court or law enforcement agency; (2) Shall not have any criminal record or any history within the preceding five years of any assaultive offenses of

Page 1350

an aggravated nature, including, but not limited to, aggravated assault; aggravated battery; rape; child molestation; robbery; trafficking or distribution of a controlled substance or marijuana; homicide by vehicle; felony bail-jumping; or escape; or (3) May not have any life-threatening illnesses or disabilities that would interfere with the ability to work on a regular schedule. (e) An offender's employment under this Code section shall be with a legitimate, recognized, and established employer. An offender assigned to a home arrest program who, without proper authority, leaves his home or the work area to which he is assigned, who leaves or fails to attend an assigned educational or other rehabilitative program, or who leaves the vehicle or route of travel in going to or returning from his assigned place of work shall be guilty of a misdemeanor. If the offender leaves the county or the area of restriction, he may be found guilty of escape under Code Section 16-10-52. An offender who is found guilty of a misdemeanor under this subsection or of escape shall be ineligible for further participation in a home arrest program during his current term of confinement. (f) Any wages earned by an offender in home arrest under this Code section may, upon order of the court or the sheriff, be paid to the director or administrator of the home arrest program after standard payroll deductions required by federal or state law have been withheld. Distribution of such wages shall be made for the following purposes: (1) To defray the cost of home arrest electronic monitoring equipment and supervision provided by the local jail or detention center, or to pay for any damage to the monitoring equipment in the offender's possession or the failure to return the equipment to the program; (2) To pay travel and other such expenses of the offender necessitated by his home arrest employment or participation in an educational or rehabilitative program;

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(3) To provide support and maintenance for the offender's dependents or to make payments to the local department of family and children services or probation, as appropriate, on behalf of any offender's dependents receiving public assistance; (4) To pay any fines, restitution, or other costs ordered by the court; and (5) Any balance remaining after payment of costs and expenses listed in paragraphs (1) through (4) of this subsection shall be retained to the credit of the offender and shall be paid to him upon release from confinement. (g) No offender participating in home arrest pursuant to this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in educational or other habilitative programs or while traveling to or from the place of employment. (h) Local jails shall qualify for compensation for costs of incarceration of all persons pursuant to this Code section, less any payments from the offender pursuant to subsection (f) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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WORK RELEASE PROGRAMS COUNTY INMATES; DEFINITIONS; ASSIGNMENT; REVOCATION; ELIGIBILITY; COSTS. Code Section 42-1-7 Enacted. No. 496 (House Bill No. 380). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates; to provide for definitions; to provide for assignment to work release by the court or sheriff; to provide for notice; to provide for revocation of such placement; to provide for eligibility; to provide for disposition of an inmate's wages; to provide that inmates on work release are not county employees; to provide for reimbursement of costs to local jails; 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 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended by adding a new Code Section 42-1-7 to read as follows: 42-1-7. (a) As used in this Code section, the term: (1) `Educational program' means a program of learning recognized by the State Board of Education. (2) `Habilitative program' means and includes an alcohol or drug treatment program, mental health program, family counseling, community service, or any other community program ordered or approved by the court having jurisdiction over the offender or by the sheriff. (3) `Work release' means full-time employment or participation in an acceptable and suitable vocational training program.

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(b) Notwithstanding the provisions of Code Section 42-1-4, any person who is confined in a county jail (1) after conviction and sentencing, (2) pending completion of a presentencing report, or (3) after return for a violation of the terms of probation may, in the discretion of the sheriff and subject to the eligibility requirements set forth in subsection (d) of this Code section, be assigned to a work release program under supervision of the sheriff. If it appears to the court that an offender subject to its jurisdiction is a suitable candidate for a work release program, the court may, subject to the eligibility requirements of subsection (d) of this Code section, order the offender to a work release program. Further, the sheriff or the court may authorize the offender inmate to participate in educational or other habilitative programs designed to supplement work release. (c) Whenever the sheriff assigns an inmate to work release, the court which sentenced such offender or before which such offender's case is pending shall be notified in writing by the sheriff or the director or administrator of the work release program to which the offender is assigned of the offender's place of employment and the location of any educational or habilitative program in which the offender participates. The court, in its discretion, may revoke the authority for any inmate to participate in work release, whether such inmate was assigned to work release by the court or the sheriff. The sheriff or work release director or administrator may enter into an agreement to accept into the local work release program inmates who are sentenced to work release or who have met all work release standards. (d) In order to qualify for assignment to a work release program, an offender: (1) May not be subject to any outstanding warrants or orders from any other court or law enforcement agency; (2) Shall not have any criminal record or any history within the preceding five years of any assaultive offenses of an aggravated nature, including, but not limited to, aggravated assault; aggravated battery; rape; child molestation; robbery; trafficking or distribution of a controlled substance

Page 1354

or marijuana; homicide by vehicle; felony bail-jumping; or escape; or (3) May not have any life-threatening illnesses or disabilities that would interfere with the ability to work on a regular schedule. (e) An inmate's employment under this Code section shall be with a legitimate, recognized, and established employer. An inmate assigned to a work release program who, without proper authority, leaves the work area or site to which he is assigned, who leaves or fails to attend an assigned educational or other rehabilitative program, or who leaves the vehicle or route of travel in going to or returning from his assigned place of work shall be guilty of a misdemeanor. An offender who is found guilty of misdemeanor escape in accordance with this subsection shall be ineligible for further participation during his current term of confinement. (f) Any wages earned by an inmate in work release under this Code section may, upon order of the court or the sheriff, be paid to the director or administrator of the work release program after standard payroll deductions required by federal or state law have been withheld. Distribution of such wages shall be made for the following purposes: (1) To defray the cost of the inmate's keep, confinement, and supervision, which sums shall be paid into the general treasury; (2) To pay travel and other such expenses of the inmate necessitated by his work release employment or participation in an educational or rehabilitative program; (3) To provide support and maintenance for the inmate's dependents or to make payments to the local department of family and children services or probation, as appropriate, on behalf of any inmate's dependents receiving public assistance; (4) To pay any fines, restitution, or other costs ordered by the court; and

Page 1355

(5) Any balance remaining after payment of costs and expenses listed in paragraphs (1) through (4) of this subsection shall be retained to the credit of the inmate and shall be paid to him upon release from confinement. (g) No inmate participating in work release pursuant to this Code section shall be deemed to be an agent, employee, or involuntary servant of the county while working or participating in educational or other habilitative programs or while traveling to or from the place of employment. (h) Local jails shall qualify for compensation for costs of incarceration of all persons pursuant to this Code section, less any payments from the inmate pursuant to subsection (f) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. PUBLIC ROAD WORK FINANCING; GENERAL OBLIGATION DEBT AND GUARANTEED REVENUE DEBT; STATE OF GEORGIA GUARANTEED REVENUE DEBT COMMON RESERVE FUND. Code Sections 32-2-2 and 32-5-21 Amended. No. 497 (House Bill No. 808). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, the Georgia Code of Public Transportation, so as to provide for financing for public road work by general obligation debt and guaranteed revenue debt; to provide for appropriation for such purposes from the net amount equal to all money derived from motor fuel taxes; to provide for appropriations for general obligation

Page 1356

debt; to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund; 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 32 of the Official Code of Georgia Annotated, the Georgia Code of Public Transportation, is amended by striking paragraph (2) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and inserting in its place a new paragraph (2) to read as follows: (2) Except for appropriations to authorize the issuance of general obligation debt for public road work, or to pay such debt, the department shall be the state agency to receive and shall have control and supervision of all funds appropriated for public road work by the state and activities incident thereto from the net proceeds of motor fuel tax, as provided in Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia and any other funds appropriated or provided for by law for such purposes or for performing other functions of the department. If the General Assembly fails to appropriate all of the net proceeds of the motor fuel tax to the department, to the State of Georgia General Obligation Debt Sinking Fund, and to counties for public road work and activities incident thereto, any such unappropriated part of such funds, exclusive of those proceeds required by law to be provided as grants to counties for the construction and maintenance of county roads, shall be made available to the department by the director of the Fiscal Division of the Department of Administrative Services, notwithstanding any provisions to the contrary in Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act';. Section 2. Said title is further amended by striking Code Section 32-5-21, relating to the priority of expenditures from the State Public Transportation Fund, and inserting in its place a new Code Section 32-5-21 to read as follows: 32-5-21. Subject to the restrictions on expenditures imposed by Code Section 32-5-23, the State Public Transportation

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Fund shall be expended by the department in the following order: (1) To pay the rentals on lease contracts entered into pursuant to the authority of the Constitution of Georgia; (2) To pay into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund the amount of the highest annual debt service requirements for an issue of guaranteed revenue debt for public road projects initiated pursuant to Code Section 32-10-67, upon its issuance, when the guarantee of the specific issue has been authorized by an appropriation of moneys governed by Article III, Section IX, Paragraph VI(b) of the Constitution and the appropriation meets the requirements for such debt as provided by Article VII, Section IV, Paragraph III(b) of the Constitution; (3) To pay the costs of operating the department and for any emergencies or unusual situations; (4) To pay the costs necessary to comply with the conditions of federal-aid apportionments to the state for the planning, surveying, constructing, paving, and improving of the public roads in Georgia; (5) Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows: (A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of

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Georgia determined by the department to be most in need of such work; and (6) After the requirements set out in the foregoing provisions of this Code section have been met, the remainder of the State Public Transportation Fund to be expended to pay the costs of maintaining, improving, constructing, and reconstructing the public roads of the state highway system, for maintaining roads within and leading to state parks, and for constructing public roads by department forces. 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, 1991. INSURANCE GROUP OR BLANKET ACCIDENT AND SICKNESS; NOTICE OF CANCELLATION OR NONRENEWAL; EXCEPTIONS; SMALL GROUPS; RATING; EXEMPTION. Code Sections 33-24-47.1 and 33-30-12 Amended. No. 498 (House Bill No. 905). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insurance, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness

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insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy; to provide for applicability; to provide exceptions; to revise certain standards and requirements for the rating of small groups; to provide for factors which may be considered in the rating of small groups; to authorize the Commissioner to exempt insurers from certain requirements regarding the rating of small groups; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47.1, relating to notice prior to cancellation or nonrenewal of an individual or group accident and sickness insurance policy, in its entirety and inserting in its place a new Code Section 33-24-47.1 to read as follows: 33-24-47.1. (a) This Code section shall apply only to policies, contracts, or certificates of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 15, 18, 19, 20, 21, and 30 of this title. (b) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the group policyholder. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the group policyholder and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (c) Notice to the group policyholder shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any

Page 1360

premium at the expiration of the 31 day grace period as required by Code Section 33-30-4 or when the group policyholder has given any required written notice of termination to the insurer. (d) A notice of termination of a policy to which this Code section applies shall be mailed or delivered to the group policyholder and to each employer group or subgroup insured under the policy not less than 60 days prior to the effective date of the termination of the policy. A notice of termination shall be mailed or delivered in the same manner provided in subsection (b) of this Code section for a notice of nonrenewal. Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insurance, is amended by striking Code Section 33-30-12, relating to standards and requirements for rating of small groups, and inserting in its place a new Code Section 33-30-12 to read as follows: 33-30-12. (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) Except as otherwise provided in this Code section, 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

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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, size, area, industry, occupational and avocational factors and any other factors deemed relevant by the Commissioner 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) (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:

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(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 (4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies. (g) The Commissioner is authorized to exempt insurers from one or more provisions of this Code section upon satisfactory demonstration that such exemption will not result in rates which are unreasonable, inequitable, or unfair under the circumstances. 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, 1991.

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GENERAL ASSEMBLY REIMBURSABLE EXPENSE ACCOUNT; DOCUMENTATION. Code Section 45-7-4 Amended. No. 499 (Senate Bill No. 54). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions relating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for certain expense reimbursements; 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 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking the third undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subparagraph to read as follows: In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses shall be limited to one or more of the following purposes: per diem differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be

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made for any postage which is used for a political newsletter. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. No supporting document or documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made and it is later determined that such reimbursement was made in error, the person to whom such reimbursement was made shall remit to the legislative fiscal office the amount of

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money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement which was made in error shall be realized. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to claims for expense reimbursement submitted on or after that effective date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. LOCAL GOVERNMENT CONFLICTS OF INTEREST IN ZONING ACTIONS; CAMPAIGN CONTRIBUTIONS; OFFICIALS; FINANCIAL DISCLOSURE. Code Title 36, Chapter 67A Amended. No. 500 (Senate Bill No. 67). AN ACT To amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional requirements in connection therewith; to provide for the disclosure of certain campaign contributions to local government officials; to provide for penalties; to provide conditions under which a special master may be appointed to make recommendations to the governing authority of a local government; to provide for construction; to provide for other

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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 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 67A of Title 36 to read as follows: CHAPTER 67A 36-67A-1. As used in this chapter, the term: (1) `Applicant' means any person who applies for a rezoning action and any attorney or other person representing or acting on behalf of a person who applies for a rezoning action. (2) `Business entity' means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust. (2.1) `Campaign contribution' means a `contribution' as defined in paragraph (6) of Code Section 21-5-3. (3) `Financial interest' means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more. (4) `Local government' means any county or municipality of this state. (5) `Local government official' means any member of the governing authority of a local government or any member of a planning or zoning commission. (6) `Member of the family' means the spouse, mother, father, brother, sister, son, or daughter of a local government official.

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(6.1) `Opponent' means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action. (6.2) `Oppose' means to appear before, discuss with, or contact, either orally or in writing, any local government or local government official and argue against a rezoning action. (6.3) sonns an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (7) `Property interest' means the direct ownership of real property and includes any percentage of ownership less than total ownership. (8) `Real property' means any tract or parcel of land and, if developed, any buildings or structures located on the land. (9) `Rezoning action' means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another. 36-67A-2. A local government official who knew or reasonably should have known he or she: (1) Has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; (2) Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action which that official's local government will have the duty to consider; or (3) Has a member of the family having any interest described in paragraph (1) or (2) of this Code section

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shall immediately disclose the nature and extent of such interest, in writing, to the governing authority of the local government in which the local government official is a member. The local government official who has an interest as defined in paragraph (1) or (2) of this Code section shall disqualify himself from voting on the rezoning action. The disqualified local government official shall not take any other action on behalf of himself or any other person to influence action on the application for rezoning. The disclosures provided for in this Code section shall be a public record and available for public inspection at any time during normal working hours. 36-67A-3. (a) When any applicant for rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider the application, it shall be the duty of the applicant to file a disclosure report with the governing authority of the respective local government showing: (1) The name and official position of the local government official to whom the campaign contribution was made; and (2) The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. (b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after the application for the rezoning action is first filed. (c) When any opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the opponent to file a disclosure with the governing authority of the respective local government showing:

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(1) The name and official position of the local government official to whom the campaign contribution was made; and (2) The dollar amount and description of each campaign contribution made by the opponent to the local government official during the five years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. (d) The disclosure required by subsection (c) of this Code section shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application. 36-67A-4. Any person knowingly failing to comply with the requirements of this chapter or violating the provisions of this chapter shall be guilty of a misdemeanor. 36-67A-5. (a) Where one or more disqualifications required by this chapter result in the inability of the governing authority of the county or municipality to attain a quorum for the purpose of making a final decision when considering a rezoning action, the governing authority immediately shall petition the superior court wherein the property which is the subject of the rezoning is located for appointment of a disinterested special master for the purpose of hearing evidence regarding the proposed rezoning action and making a recommendation to the petitioning governing authority. The court, in its order appointing the special master, shall give such directions for notice and the service thereof as well as for the time in which a hearing must be held and recommendations issued as are just and appropriate under the circumstances and as are consistent with this chapter. (b) The disinterested special master provided for in this Code section shall be appointed by the judge or judges of the superior courts of each judicial circuit and shall discharge the duties provided for in this Code section. The special master so appointed must be a competent attorney at law, be of good standing in his profession, and have at least three years' experience in the practice of law. He shall hold office at the pleasure of the judge and shall be removable at any time with or without

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cause. The court, in its order appointing the special master, shall designate the person or entity responsible for compensating the special master at a rate not less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter. (c) The special master shall consider any factors relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property. (d) The hearing provided for in this Code section and all records pertinent thereto shall be open and available to the public. (e) Nothing contained in this Code section shall be construed as a delegation of the final decision-making powers of the governing authority to the special master and the recommendation of the special master is not a final decision as to the rezoning action. Where a special master has been appointed and has made a recommendation, the disqualification requirement of Code Section 36-67A-2 shall be waived. 36-67A-6. Nothing in this chapter shall be construed to prohibit a local government official from voting on a zoning decision when the local government is adopting a zoning ordinance for the first time or when a local government is voting upon a revision of the zoning ordinance initiated by the local government pursuant to a comprehensive plan as defined in Chapter 70 of this title. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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OIL OR HAZARDOUS SUBSTANCE SPILLS OR RELEASES DEFINITIONS; REPORTING. Code Sections 12-14-1, 12-14-2, and 12-14-3 Amended. No. 501 (Senate Bill No. 142). AN ACT To amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous substances in certain amounts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Chapter 1. Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, is amended by striking in its entirety Code Section 12-14-1, relating to definitions, and inserting in lieu thereof a new Code Section 12-14-1 to read as follows: 12-14-1. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) `Division' means the Environmental Protection Division of the Department of Natural Resources. (4) `Hazardous substance' means any substance designated pursuant to Section 311(b)(2)(A) of the Clean Water Act, 33 U.S.C. Section 1321(b)(2)(A); any element, compound, mixture, solution, or substance designated pursuant to Section 102 of 42 U.S.C. Section 9602; any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act,

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42 U.S.C. Section 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress; any toxic pollutant listed under Section 307(a) of the Clean Water Act, 33 U.S.C. Section 1317(a); any hazardous air pollutant listed under Section 112 of the Clean Air Act, 42 U.S.C. Section 7412; and any imminently hazardous chemical substance or mixture with respect to which the administrator of the United States Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substance Control Act, 15 U.S.C. Section 2606. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, synthetic gas usuable for fuel, or mixtures of natural gas and such synthetic gas. (5) `Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product. (6) `Person' includes an individual, trust, firm, jointstock company, corporation, partnership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof. (7) `Reportable quantity' means the amount of a hazardous substance which, if released into the environment in such quantity within any 24 hour period, must be reported to the division in the event of a spill or release. The reportable quantity for mixtures is the amount of the hazardous substance components of a mixture. Reportable quantities are those listed in 40 C.F.R. Part 302 - Designation, Reportable Quantities and Notification. (8) `Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous substance into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or

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except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a significant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt. Section 2. Said chapter is further amended by striking in its entirety Code Section 12-14-2, relating to the reporting of spilled or released oil or hazardous material, and inserting in lieu thereof a new Code Section 12-14-2 to read as follows: 12-14-2. Oil or any hazardous substance spilled or released shall be reported under Code Section 12-14-3. The board is authorized to promulgate rules and regulations necessary for the enforcement of this chapter. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-14-3, relating to notification of the Environmental Protection Division of the Department of Natural Resources of certain spills, and inserting in lieu thereof the following: (a) Any person owning or having control over any oil or hazardous substance who has knowledge of any spill or release of such oil or who has knowledge of any spill or release of such hazardous substance in a quantity equal to or exceeding the reportable quantity or who has knowledge of a spill or release of an unknown quantity of oil or a hazardous substance shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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FINANCIAL INSTITUTIONS SUSPICION OF CRIMINAL ACTIVITY; REPORTS; CIVIL LIABILITY; IMMUNITY. Code Section 7-1-840 Amended. No. 502 (Senate Bill No. 162). AN ACT To amend Code Section 7-1-840 of the Official Code of Georgia Annotated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions considering employment of a suspected person, so as to provide that if any board of directors, director, or officer of any financial institution is required by certain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-840 of the Official Code of Georgia Annotated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions considering employment of a suspected person, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) If any board of directors, director, or officer of any financial institution is required by the department or the Federal Deposit Insurance Corporation or any other federal bank supervisory agency to provide any such regulatory agency or the fidelity bond carrier with any information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial

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institution, such board of directors, director, or officer shall not incur any civil liability for providing such information unless the information is false and such board of directors, director, or officer knows that it is false and provides it with actual malice. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. DEPARTMENT OF PUBLIC SAFETY UNIFORM DIVISION; EDUCATIONAL REQUIREMENTS FOR APPOINTMENT; STATE PATROL DISCIPLINARY BOARD; COMPOSITION. Code Sections 35-2-43 and 35-2-48 Amended. No. 503 (Senate Bill No. 172). AN ACT To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to change the educational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking subsection (b) of Code Section 35-2-43, relating to eligibility for appointment to the Uniform Division, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent, shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 35-2-48, relating to the State Patrol Disciplinary Board, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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CRIMINAL PROCEDURE CLOSED CIRCUIT TELEVISION TESTIMONY BY CHILDREN WHO ARE VICTIMS OF CRIME. Code Section 17-8-55 Amended. No. 504 (Senate Bill No. 178). AN ACT To amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims of certain crimes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, is amended by striking Code Section 17-8-55 which reads as follows: 17-8-55. In all proceedings involving the criminal charges specified in this Code section, the state or the defendant may apply for an order to televise out of open court the testimony of a child 10 years of age or younger who has been the victim of violations of subsection (b) of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, or subsection (c) of Code Section 16-6-4. In all proceedings in which the court grants an order to broadcast testimony, the court shall clear the courtroom of all other persons except the judge, counsel for the parties, the defendant, a bailiff, and a parent, guardian, child psychologist, or other qualified person appointed by the court to represent the interests of the witness. The proceedings shall be televised live to the jury in the jury room or other appropriate place in the courthouse. The court may grant an order to televise testimony as provided in this Code section only if it finds that:

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(1) The victim of the offense is a child 10 years of age or younger; (2) There is a substantial likelihood that such child will suffer severe emotional or mental distress if required to testify in open court; and (3) The rights of the defendant will not be unduly prejudiced thereby., and inserting in its place a new Code section to read as follows: 17-8-55. (a) In all proceedings involving the criminal charges specified in this Code section, the court may order that the testimony of a child 10 years of age or younger who has been the victim of any violation of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, Code Section 16-6-4 or Code Section 16-6-5.1 be taken outside the courtroom and shown in the courtroom by means of a two-way closed circuit television. An order may be granted in such cases only if: (1) The testimony is taken during the criminal trial proceeding for such violation; and (2) The judge determines that testimony by the child victim in the courtroom will result in the child's suffering serious emotional distress such that the child cannot reasonably communicate. (b) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child who testifies by two-way closed circuit television. (c) The operators of the two-way closed circuit television shall make every effort to be unobtrusive. (d) Only the following persons may be in the room with the child when the child testifies by two-way closed circuit television: (1) The prosecuting attorney; (2) The attorney for the defendant;

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(3) The operators of the two-way closed circuit television equipment; (4) The judge; and (5) In the court's discretion, any person whose presence, in the opinion of the court, contributes to the wellbeing of the child, including a person who has dealt with the child in a therapeutic setting concerning the crime. The defendant and defendant's counsel shall be notified at least 24 hours before the closed circuit testimony as to the prosecution's representatives and any other persons who shall be present in the room with the child victim during the child's testimony. (e) During the child's testimony by two-way closed circuit television, the defendant shall be in the courtroom. (f) The defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method. (g) The provisions of this Code section do not apply if the defendant is an attorney pro se. (h) This Code section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the child victim and the defendant in the courtroom at the same time. 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, 1991.

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STATE PURCHASING SEALED BIDS; ADVERTISEMENT; LIABILITY OF OFFICIAL VIOLATING ACT. Code Sections 50-5-67 and 50-5-79 Amended. Code Title 50, Chapter 5, Article 3, Part 4 Enacted. No. 505 (Senate Bill No. 183). AN ACT To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circulation when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to add a part relative to minority business 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. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by striking subsection (a) of Code Section 50-5-67, relating to competitive bidding procedures, in its entirety and inserting in lieu thereof the following: (a) Except as otherwise provided in this Code section, contracts exceeding $10,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $50,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least fifteen working days prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids

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directly by mail from reputable owners of supplies in all cases where the total requirement will exceed $10,000.00. When it appears that the use of competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) Proposals shall be opened in the same manner as competitive sealed bids. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most

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advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. Section 2. Said article is further amended by striking Code Section 50-5-79, relating to purchase contracts contrary to part void and officers personally liable, in its entirety and inserting in lieu thereof the following: 50-5-79. Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant thereto applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this part or the rules and regulations made hereunder, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor. Section 3. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, is amended by adding at the end thereof a new Part 4 to read as follows: Part 4 50-5-130. The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also recognizes that the security and well-being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a `minority business enterprise' for purposes

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of representation in the area of procurement of state contracts for construction, services, equipment, and goods. 50-5-131. As used in this part, the term: (1) `Minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (2) `Minority business enterprise' means a small business concern which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. (3) `Owned and controlled' means a business: (A) Which is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and (B) Whose management and daily business operations are controlled by one or more minorities. 50-5-132. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services. (b) The Department of Administrative Services shall certify a business which meets the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a minority business enterprise;

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(3) Sign an affidavit stating that it is a minority business enterprise; (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services and other state agencies; and (5) Present: (A) An application, including the entire business history of the operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return.

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(c) The Department of Administrative Services shall prepare and maintain a list of certified minority business enterprises. (d) The Department of Administrative Services may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services. 50-5-133. (a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this part; (2) Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise; (3) Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise; (4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this part; or (5) Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services to any other business enterprise without prior written approval of the Department of Administrative Services.

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(b) Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine. (c) If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity. 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, 1991. COMBINED SEWER OVERFLOWS OWNERS AND OPERATORS; PLANS TO ELIMINATE OVERFLOWS. Code Sections 12-5-29.1 and 12-5-30.2 Amended. No. 506 (Senate Bill No. 196). 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 certain persons owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of

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Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan; 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 striking in its entirety Code Section 12-5-29.1, relating to plans for the elimination or treatment of sewage overflow from combined sewer overflow systems, and inserting in lieu thereof 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 bypasses 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 bypasses 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 or control sewage overflow so that discharges flowing from such CSO shall not cause a violation of water quality standards in the receiving stream or 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

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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). Compliance with such standards and permit limits shall be required for all CSO discharges under design conditions, including without limitation storm event frequency, intensity, and duration and treatment technology, as determined by the director based on a site-specific determination of water quality impacts resulting from said discharges. (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 quality standards in accordance with the following schedules: (1) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall implement such plan so that construction is substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director not later than December 31, 1993; and (2) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule: (A) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and information collected by the director; (B) The CSO owners shall prepare approvable plans and specifications by October 1, 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and (C) The construction shall be substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995.

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Any person who fails to implement an approved plan by the dates provided in this subsection shall, after the applicable date and until such person implements an approved plan, be subject to the liability and penalties provided in Code Sections 12-5-51, 12-5-52, and 12-5-53 and, in addition, shall be prohibited from adding any additional sewer connections to such combined sewer system. Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 12-5-30.2, relating to permits for the operation of combined sewer overflows, and inserting in lieu thereof a new subsection (b) to read as follows: (b) After March 31, 1992, 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 require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. Compliance with permit limits shall be required for all CSO discharges under design conditions as determined by the director. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. CHILD CUSTODY STATE POLICY ON CONTACT WITH PARENTS AND GRANDPARENTS. Code Section 19-9-3 Amended. No. 507 (Senate Bill No. 208). AN ACT To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings,

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so as to provide that state policy shall be that a minor child has frequent and continuing contact with parents and grandparents that show the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after separation and divorce; 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 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, is amended by adding a new subsection (c) to Code Section 19-9-3, relating to discretion of court in custody disputes, to read as follows: (c) It is the express policy of this state to encourage that a minor child has continuing contact with parents and grandparents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after such parents have separated or dissolved their marriage. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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HOSPITAL AUTHORITIES OWNERSHIP AND OPERATION OF PROJECTS IN OTHER CITIES OR COUNTIES; FINANCIAL ASSISTANCE TO ORGANIZATIONS; POWERS. Code Sections 31-7-71 and 31-7-75 Amended. No. 508 (Senate Bill No. 281). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties under certain circumstances and upon the request or approval of the governing bodies and hospital authorities of such other city and county; to authorize hospital authorities to provide services and financial assistance to certain private not for profit organizations for purposes related to the provision of medical services or related social services to citizens; to provide that all authorities shall be authorized to exercise certain powers granted to joint authorities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking paragraph (1) of Code Section 31-7-71, relating to definitions, and inserting in its place a new paragraph (1) to read as follows: (1) `Area of operation' means the area within the city or county activating an authority. Such term shall also mean any other city or county in which the authority wishes to operate, provided the governing authorities and the board of any hospital authorities of such city and county request or approve such operation.

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Section 2. Said article is further amended by striking paragraph (5) of Code Section 31-7-71, relating to definitions, and inserting in its place a new paragraph (5) to read as follows: (5) `Project' includes the acquisition, construction, and equipping of hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes, rehabilitation centers, extended care facilities, and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others to promote the public health needs of the community and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Such term may also include any such institutions, utilities, and facilities located outside the city or county in which the authority is located, provided that the acquisition, construction, equipping, and operation thereof is requested or approved by the governing bodies of such city and county in which the project is located and by the board of any hospital authorities located within such city and county or provided that the acquisition, construction, equipping, and operation is to be located in the area of operation of the authority. Section 3. Said article is further amended by striking the word and where it appears at the end of paragraph (24) and by striking paragraph (25) of Code Section 31-7-75, relating to the functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (25) and (26) to read as follows: (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 related social services to citizens; and

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(26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-72. 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, 1991. ORGANIZED MILITIA MEMBERS; CONSENT TO ACTIVE DUTY WITHOUT PAY; PRIVILEGES AND IMMUNITIES. Code Section 38-2-25 Amended. No. 509 (Senate Bill No. 282). AN ACT To amend Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, so as to authorize the Governor to order members of the organized militia, with their consent, to state active duty for certain purposes and without pay and allowances or other compensation but with certain privileges, rights, benefits, and immunities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 38-2-25 of the Official Code of Georgia Annotated, relating to training and duty of the organized militia, is amended by adding at the end thereof a new subsection to read as follows:

Page 1394

(d) Members of the organized militia, with their consent, may be ordered by the Governor to state active duty for any lawful purpose or purposes and without pay and allowances or other compensation, except as specifically set forth in such orders, but with all other privileges, rights, benefits, and immunities provided by the military laws or other statutes of this state; provided, however, that, when so called to state active duty, members of the organized militia may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain order until an emergency has first been declared as provided in Code Section 38-2-6 or 45-12-30. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. TORTS UNLIQUIDATED DAMAGES; INTEREST. Code Section 51-12-14 Amended. No. 510 (Senate Bill No. 325). AN ACT To amend Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, so as to provide conditions under which a claimant shall not be entitled to receive interest on sums claimed as unliquidated damages; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, is amended by striking Code Section 51-12-14,

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relating to the procedure for demand of unliquidated damages in tort actions and when interest may be recovered, in its entirety and inserting in its place a new Code Section 51-12-14 to read as follows: 51-12-14. (a) Where a claimant has given written notice by registered or certified mail to a person against whom claim is made of a demand for an amount of unliquidated damages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his demand, the person against whom such claim is made gives written notice by registered or certified mail of an offer to pay the amount of the claimant's demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive interest on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section. (b) Any written notice referred to in subsection (a) of this Code section may be given on only one occasion and shall specify that it is being given pursuant to this Code section. (c) The interest provided for by this Code section shall be at the rate of 12 percent per annum and shall begin to run from the thirtieth day following the date of the mailing of the written notice until the date of judgment. (d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict

Page 1396

of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice. (e) This Code section shall be known and may be cited as the `Unliquidated Damages Interest Act. Section 2. This Act shall become effective on July 1, 1991, and shall apply to a cause of action in tort arising on or after July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. LOTTERIES MANUFACTURE AND SALE OF PRINTED MATERIALS OR EQUIPMENT FOR USE IN OTHER STATES OR FOREIGN COUNTRIES. Code Section 16-12-35 Amended. No. 511 (Senate Bill No. 367). AN ACT To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to change the provisions requiring such lottery to be conducted by a state or foreign country; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or

Page 1397

foreign country, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Any other law to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use within a state or a political subdivision of that state in a lottery conducted by that state or a political subdivision of that state or within a foreign country in a lottery conducted under the authority of law of such foreign country, or any advertising materials relative to such printed materials, if such equipment, devices, or other materials are for shipment out of the State of Georgia to authorized persons conducting lotteries in such states or foreign countries. This part shall in no way prohibit communications between persons in this state and persons in other states or foreign countries relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state to authorized representatives from other states or foreign countries conducting lotteries. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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GAMBLING PROHIBITIONS NOT APPLICABLE TO CERTAIN GAMES OR DEVICES; CRANE GAME MACHINES. Code Section 16-12-35 Amended. No. 512 (House Bill No. 281). AN ACT To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices; to provide for requirements in connection therewith; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, is amended by adding at the end thereof new subsections (d), (e), and (f) to read as follows: (d) (1) Nothing in this part shall apply to a crane game machine or device meeting the requirements of paragraph (2) of this subsection. (2) A crane game machine or device acceptable for the purposes of paragraph (1) of this subsection shall meet the following requirements: (A) The machine or device must be designed and manufactured only for bona fide amusement purposes and must involve at least some skill in its operation; (B) The machine or device must reward a winning player exclusively with merchandise contained within the machine itself and such merchandise must be limited to noncash prizes, toys, or novelties, each of which has a wholesale value not exceeding ten times the cost

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of playing the machine or device or $5.00, whichever is less; (C) The player of the machine or device must be able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy, or novelty; (D) The player of the machine or device must be made aware of the total time which the machine or device allows during a game for the player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy, or novelty; (E) The claw or grasping device must not be of a size, design, or shape that prohibits picking up or grasping a prize, toy, or novelty contained within the machine or device; and (F) The machine or device must not be classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (e) Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with merchandise limited to noncash prizes, toys, and novelties, each of which has a wholesale value of not more than ten times the cost charged to play the game or device or $5.00, whichever is less. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (f) Any person owning or possessing an amusement game or device described in subsection (d) or (e) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for a noncash prize,

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or novelty received as a reward in playing any such amusement game or device shall be guilty of a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. GEORGIA ADMINISTRATIVE PROCEDURE ACT LICENSEES; HEARINGS; REVIEW OF INFORMATION POSSESSED BY AN AGENCY. Code Section 50-13-18 Amended. No. 513 (House Bill No. 329). AN ACT To amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the Georgia Administrative Procedure Act for licensing, so as to provide licensees review of certain information possessed by an agency prior to a license hearing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the Georgia Administrative Procedure Act for licensing, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) (1) In contested cases which could result in the revocation, suspension, or limitation of a license, when a licensee makes a general or specific request for exculpatory, favorable, or arguably favorable information that is relative to pending allegations concerning a license, an agency must

Page 1401

furnish the requested information, indicate that no such information exists, or refuse to furnish the information requested prior to a hearing. An agency shall not be required to release information which is made confidential by state or federal law, until such requested information has been determined to be exculpatory, favorable, or arguably favorable pursuant to the in camera procedure specified in paragraph (2) of this subsection. (2) Once an agency has furnished exculpatory, favorable, or arguably favorable information, has indicated that no such information exists, or has refused to furnish such information, the licensee may request a prehearing in camera inspection of the remainder of the investigative file by the person or persons presiding over the hearing. Such person or persons shall furnish the licensee with all material that would aid in the licensee's defense that is exculpatory, favorable, or arguably favorable. Such person or persons shall seal a copy of the entire investigative file in order to preserve it in the event of an appeal. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. BAILABLE OFFENSES JUDICIAL OFFICER; FAMILY VIOLENCE. Code Section 17-6-1 Amended. No. 514 (House Bill No. 448). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain

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offenses are bailable only before a judicial officer when such offenses involve family violence and substantial injury; to provide for definitions; to provide that a schedule of bails shall reflect whether domestic violence is involved; 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 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, is amended by striking subsection (f) of said Code section in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Such schedule of bails shall require increased bail if the offense involved an act of family violence, as defined in Code Section 19-13-1. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used, except that any offense involving an act of family violence, as defined in Code Section 19-13-1, and involving serious injury to the victim shall be bailable only before a judicial officer when the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as hereinafter authorized should be made. Upon setting bail in any case involving family violence, the judicial officer shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as may be deemed necessary to prevent further acts of violence, harassment, or intimidation of witnesses. These conditions may include, but are not limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements. As used in this Code section, the term `serious injury' means bodily harm capable of being perceived by a person other than the victim

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and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. INSURANCE LIFE OR ACCIDENT AND SICKNESS PLANS; SELF-INSURED PLANS FOR HEALTH, DENTAL, SHORT-TERM DISABILITY, OR WORKERS' COMPENSATION BENEFITS; ADMINISTRATORS; LICENSING. Code Title 33, Chapter 23, Article 3 Enacted. No. 515 (House Bill No. 776). AN ACT To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans and certain self-insured plans providing health, dental, short-term disability, or workers' compensation benefits; to provide a definition; to provide exceptions; to provide for licenses and renewals; to provide for applications and fees; to provide for grounds for refusal, suspension, or revocation of a license; to provide for hearings and appeals; to provide for surety bonds; to provide for examinations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, is amended by adding following Article 2 a new Article 3 to read as follows: ARTICLE 3 33-23-100. As used in this article, the term `administrator' means any person who collects charges, fees, or premiums from, or who adjusts or settles claims on, residents of this state in connection with life or accident and sickness insurance coverage or annuities; self-insured plans providing health, dental, or short-term disability benefits; and self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34 other than any of the following entities as long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;

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(7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; or (11) A person who adjusts or settles claims in the normal course of his practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities. 33-23-101. (a) No person shall act as or hold himself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which he is acting as an administrator, unless such person holds a license as an administrator issued by the Commissioner. The license shall be renewable for such term and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the administrator to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for an administrator's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner.

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(c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (d) of this Code section, he finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies or contracts; (7) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (8) Is not in good faith carrying on business as an administrator; or (9) Has shown lack of trustworthiness or lack of competence to act as an administrator. (d) Before any administrator's license shall be suspended or revoked or the renewal of the license refused as prescribed under this Code section, the Commissioner shall give notice of his intention to do so, by registered or certified mail to the applicant for or holder of the license; and the Commissioner shall set a date not less than 20 days from the date of mailing the notice when the applicant or licensee may appear to be heard and produce evidence. In the conduct of the hearing, the

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Commissioner or any deputy commissioner specially designated by him for that purpose shall have power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the applicant or licensee. Upon the conclusion of the hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the findings sent by registered or certified mail to the applicant or licensee. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought, within two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. (f) Any applicant whose application for an administrator's license has been rejected for any reason enumerated in paragraphs (1) through (9) of subsection (a) of this Code section, upon request therefor in writing within ten days after notice of such rejection, shall be entitled to a hearing as provided for by this Code section; and the procedure set forth by this Code section shall apply to the same. (g) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of this title. (h) The Commissioner may impose, by rule or regulation, additional reasonable qualifications necessary to obtain a license as an administrator. 33-23-102. (a) Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force while so licensed a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on

Page 1408

the bond shall be established by the rule or regulation of the Commissioner. (b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner. 33-23-103. Administrators shall be subject to examination by the Commissioner in the same manner as insurance agents and adjusters in accordance with Chapter 2 of this title. 33-23-104. Requirements and procedures for written agreements, payments to administrators, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administrators, may be established by rule or regulation of the Commissioner. 33-23-105. The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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HIGHWAYS, BRIDGES, AND FERRIES TOLLWAYS OR HIGHWAYS PROVIDING ACCESS TO ISLANDS WITH PUBLIC BEACHES; PARKING FEES; COLLECTION. Code Section 32-10-71 Amended. No. 516 (House Bill No. 782). AN ACT To amend Code Section 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee; to authorize the Department of Transportation to assist in the collection of such fees; to provide for reimbursement to the department and the authority by the local government; to authorize the Department of Transportation, when consistent with federal law and regulations, the authority to allow local governments to set and collect a parking fee for persons using certain state highways; to authorize the State Tollway Authority to collect a parking fee on the state highway system; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee; to provide for reimbursement to the 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 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, is amended by designating the existing language of Code Section 32-10-71 as subsection (a) and by adding new subsections (b) and (c) to read as follows: (b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance,

Page 1410

repair, or restoration, the State Tollway Authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract. (c) When a state highway provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the Department of Transportation may, if consistent with federal law and regulations, authorize the local government to set and collect a parking fee for the purpose of providing funding for such maintenance, repair, or restoration. The department is authorized to allow the authority to collect such parking fee on the state highway system, provided that the collection point shall lie within the corporate limits of the local government setting the parking fee. The authority is authorized to contract with the local government for the collection of the fee. The local government shall reimburse the authority for any costs associated with executing the terms of the contract. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

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HEALTH RADIATION STERILIZATION SERVICES; BOND; TANNING FACILITIES; DEFINITIONS; WARNING SIGNS; EQUIPMENT AND MAINTENANCE REQUIREMENT; PROTECTIVE GEAR; RECORDS; CIVIL ACTIONS; VARIANCES. Code Section 31-13-6 Amended. Code Title 31, Chapter 38 Enacted. No. 517 (House Bill No. 894). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to require any existing general or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies; to provide for definitions; to provide for exemptions; to provide for construction, operation, and maintenance of tanning facilities; to provide for warning signs and the content of such signs; to provide for tanning equipment requirements and maintenance; to provide for stand-up booths and protective goggles; to provide for statements to be signed by consumers; to provide for records to be maintained by owners or operators of tanning facilities; to prohibit use of tanning equipment by minors; to provide for exceptions; to provide for penalties; to authorize the maintenance of civil actions by consumers damaged by violations; to provide for the recovery of damages, court costs, and attorney's fees; to provide for applications for and the granting of variances; to provide for construction with regard to regulatory authority; to provide for immunity from liability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Code Section 31-13-6, relating to the bonding of licensees, and inserting in lieu thereof a new Code Section 31-13-6 to read as follows:

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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 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; provided, however, that a bond not less than $5 million shall be required for any licensee offering commercial radiation sterilization services, excluding hospitals, blood banks, and physicians' offices. (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

Page 1413

to this Code section shall not apply to the state or any agency of the state. Section 2. Said title is further amended by adding at the end thereof a new chapter to read as follows: CHAPTER 38 31-38-1. As used in this chapter, the term: (1) `CFR' means Code of Federal Regulations. (1.1) `Consumer' means any individual who is provided access to a tanning facility as defined in this chapter. (2) `Individual' means any human being. (3) `Operator' means any individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. (4) `Person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. (5) `Tanning equipment' means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. (6) `Tanning facility' means any location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. `Tanning facility' includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment.

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(7) `Ultraviolet radiation' means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers. 31-38-2. (a) Any person is exempt from the provisions of this chapter to the extent that such person: (1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and (2) Does not use the equipment described in paragraph (1) of this subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose of tanning or other treatment. (b) Any physician licensed by the Composite State Board of Medical Examiners is exempt from the provisions of this chapter to the extent that such physician uses, in the practice of medicine, medical diagnostic and therapeutic equipment which emits ultraviolet radiation. (c) Any individual is exempt from the provisions of this chapter to the extent that such individual owns tanning equipment exclusively for personal, noncommercial use. 31-38-3. Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. 31-38-4. (a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment. (b) The warning sign required in subsection (a) of this Code section shall use upper and lower case letters which are at least two inches and one inch in height, respectively, and shall have the following wording:

Page 1415

DANGER - ULTRAVIOLET RADIATION -Follow instruction. -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. -Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. -Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. -If you do not tan in the sun, you are unlikely to tan from the use of this product. MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED 15 MINUTES. According to the research and clinical experience of the American Academy of Dermatology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning. 31-38-5. (a) The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.

Page 1416

(b) Each assembly of tanning equipment shall be designated for use by only one consumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus 10 percent of the maximum timer interval for the product. (c) Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit. (d) Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps. 31-38-6. Tanning booths designed for stand-up use shall also comply with the following additional requirements: (1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin; (2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person; (3) Access to booths shall be of rigid construction with doors which are nonlatching and open outwardly; and (4) Booths shall be equipped with handrails and non-slip floors. 31-38-7. (a) The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment. (b) The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5).

Page 1417

(c) Tanning facility operators shall ensure that consumers wear the protective goggles required by this Code section. (d) The tanning facility owner or operator shall ensure that the protective goggles required by this Code section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing. 31-38-8. (a) The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof. Such report shall be maintained for a period of not less than three years and shall be available for inspection and copying by any consumer. The report shall include: (1) The name of the affected individual; (2) The name and location of the tanning facility and identification of the specific tanning equipment involved; (3) The nature of the actual or alleged injury; and (4) Any other information relevant to the actual or alleged injury to include the date and duration of exposure. (b) The tanning facility owner or operator shall not allow minors to use tanning equipment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the parent or legal guardian at the tanning facility before the minor may use the equipment or facility. (c) The tanning facility owner or operator shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution. (d) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.

Page 1418

31-38-9. Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. 31-38-10. In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. Any recovery under this Code section shall also include attorney's fees and court costs. It is the intent of the General Assembly in this Code section to provide consumers with an additional remedy to encourage enforcement of this chapter through private rights of action. 31-38-11. Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator shall be in writing and shall be drawn as narrowly as possible. 31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the administrator from exercising any of his duties, powers, or authority under any other law. The administrator shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991.

Page 1419

HEALTH CARE FACILITIES ACQUISITION OR RESTRUCTURING; NOTIFICATION OF STATE HEALTH PLANNING AGENCY; CERTIFICATES OF NEED; PENALTIES; INDIGENT PATIENTS. Code Section 31-6-40.1 Enacted. Code Section 31-6-47 Amended. No. 518 (Senate Bill No. 209). AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to require notification of certain acquisitions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indigent persons and provide penalties relating thereto; to change certain exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by adding after Code Section 31-6-40 a new Code section to read as follows: 31-6-40.1. (a) Any person who acquires a health care facility by stock or asset purchase, merger, consolidation, or other lawful means shall notify the agency of such acquisition, the date thereof, and the name and address of the acquiring person. Such notification shall be made in writing to the agency within 45 days following the acquisition and the acquiring person may be fined by the agency in the amount of $500.00 for each day that such notification is late. Such fine shall be paid into the state treasury.

Page 1420

(b) The agency may limit the time periods during which it will accept applications for the following health care facilities: (1) Skilled nursing facilities; (2) Intermediate care facilities; and (3) Home health agencies, to only such times after the agency has determined there is an unmet need for such facilities. The agency shall make a determination as to whether or not there is an unmet need for each type of facility at least every six months and shall notify those requesting such notification of that determination. (c) The agency may require that any applicant for a certificate of need agree to provide a specified amount of clinical health services to indigent patients as a condition for the grant of a certificate of need. A grantee or successor in interest of a certificate of need or an authorization to operate under this chapter which violates such an agreement, whether made before or after July 1, 1991, shall be liable to the agency for a monetary penalty in the amount of the difference between the amount of services so agreed to be provided and the amount actually provided. Any penalty so recovered shall be paid into the state treasury. (d) Penalties authorized under this Code section shall be subject to the same notices and hearing for the levy of fines under Code Section 31-6-45. Section 2. Said chapter is further amended by striking paragraph (9) of subsection (a) of Code Section 31-6-47, relating to exemptions, and inserting in its place the following: (9) Expenditures for the acquisition of existing health care facilities by stock or asset purchase, merger, consolidation, or other lawful means unless the facilities are owned or operated by or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or

Page 1421

(C) Hospital authority, as defined in Article 4 of Chapter 7 of this title; (9.1) Expenditures for the restructuring of or for the acquisition by stock or asset purchase, merger, consolidation, or other lawful means of an existing health care facility which is owned or operated by or on behalf of any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection only if such restructuring or acquisition is made by any entity described in subparagraph (A), (B), or (C) of paragraph (9) of this subsection;. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. UNDERGROUND STORAGE TANKS ENVIRONMENTAL ASSURANCE FEE; LIMIT OF CHARGES. Code Section 12-13-10 Amended. No. 520 (Senate Bill No. 385). AN ACT To amend Code Section 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, so as to raise the allowable fee from 0.1 per gallon to 1.0 per gallon; 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 12-13-10 of the Official Code of Georgia Annotated, relating to environmental assurance fees, is

Page 1422

amended by striking subsection (a) of said Code section and inserting in lieu thereof the following: (a) In order to participate in the liability limitations and reimbursement benefits of the Underground Storage Tank Trust Fund, a potential claimant shall pay to the division his or her share of an environmental assurance fee on each gallon of petroleum products imported into this state. Such fees shall be established by the board in such amount as is sufficient to assure the funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from a release of regulated substances from an underground storage tank, at a rate not to exceed 1.0 per gallon. This fee shall be collected by the terminal operator upon request of the owner or operator when the petroleum is removed from a terminal by the person who sells the petroleum, or if the petroleum product will never be stored in a terminal in this state then by the importer thereof, and paid to the department. Proof of such payment shall be provided the owner or operator. Exchanges of petroleum products on a gallon-for-gallon basis within a terminal shall be exempt from this fee. Petroleum product which is subsequently exported from this state is exempt from this fee. 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, 1991.

Page 1423

STATE STRUCTURAL PEST CONTROL COMMISSION LICENSES; RESEARCH FEES; UNIVERSITY OF GEORGIA. Code Section 43-45-8 Amended. No. 521 (Senate Bill No. 416). AN ACT To amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, so as to expand the licensing powers of the commission; to provide for a research fee; to provide the manner in which the research fee shall be established; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to the general powers and duties of the State Structural Pest Control Commission, is amended by striking paragraph (4) which reads as follows: (4) Issue licenses to business entities qualifying under this chapter, which licenses shall be renewable biennially. Each place of business of each business entity is required to obtain a license;, and inserting in lieu thereof the following: (4) Issue licenses to each place of business of each business entity qualifying under this chapter. Such licenses shall be renewable biennially and the license fee shall be in an amount established by the commission. In addition to the license fee per se, the commission is authorized to establish a research fee on each license in an amount sufficient to provide a minimum of $30,000.00 per year and up to $50,000.00 per year for the purpose of supporting the work of a research position in urban pest control at the University of Georgia. As a source of information for considering the amount of the research fee to be established,

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the commission shall be furnished within 30 days of the end of each fiscal year by the chairman of the Division of Entomology at the University of Georgia with a statement of the total costs associated with the research position for the preceding year and a description of the urban research projects to be conducted over the following two fiscal years. The commission shall advise the chairman of the Entomology Division at the University of Georgia on the projects proposed to be conducted; however, the final selection of projects shall be the sole responsibility of the chairman of the entomology division. Information provided to the commission on costs associated with the position shall be for advisory purposes only and the commission shall be solely responsible for establishment and collection of the research fee within the limits established above and for transferring such fees to the University of Georgia. If the University of Georgia discontinues such research position at any time, the commission shall discontinue its collection of the research fee and any unexpended funds held by the commission shall be transferred to the state treasury. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. COMMISSIONER OF INSURANCE FINANCIAL REGULATORY CAPABILITIES AND AUTHORITY. Code Title 33 Amended. No. 522 (Senate Bill No. 347). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to comprehensively revise and enhance the financial regulatory capabilities of the Commissioner of Insurance; to revise the Commissioner's

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authority to suspend immediately under certain conditions the certificate of authority of an insurer; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsurance; to provide for compliance with Chapter 11 of said title with respect to the investments of insurers; to provide standards, definitions, procedures, and financial conditions associated therewith; to provide a regulatory framework regarding certain acquisitions involving insurers and holding company systems; to provide exceptions; to provide for notices and waiting periods; to provide competitive standards; to provide for orders of the Commissioner; to provide sanctions for violations; to modernize provisions governing transactions between affiliates in holding company systems; to provide standards; to provide for the powers of the Commissioner over affiliate transactions; to revise and modernize comprehensively the regulatory framework concerning the rehabilitation, reorganization, conservation, and liquidation of insurers; to provide a short title; to provide for construction and purposes; to provide for application and definitions; to provide for the commencement and jurisdiction of delinquency proceedings; to provide for receivers and their powers and duties; to provide sanctions for failure to cooperate; to provide for application; to enumerate duties of insurers; to provide for filings, orders, and judicial review; to provide procedures associated thereto; to provide for the contents and grounds of petitions; to provide rehabilitation and liquidation procedures; to provide powers and duties of a liquidator; to provide for notices; to provide for action relative to fraudulent transactions, preferences, and claims; to provide for offsetting claims; to provide for the recovery of assets and receivables; to provide for disbursement of assets; to provide for claims; to provide priorities of distribution; to provide for court supervision; to provide for proceedings relative to foreign or alien insurers; to provide for powers and duties of ancillary receivers; to provide for court supervision and procedures; to provide for the regulation of managing general agents of insurers; to provide for licensure; to provide for contractual provisions; to provide for examinations and reviews; to provide for notices; to provide sanctions; to provide for construction; to provide a regulatory framework for business transacted with a producer controlled property and casualty insurer; to provide definitions; to provide for the governance of transactions; to provide for violations and procedures relative thereto; to provide for the regulation and licensure of

Page 1426

reinsurance intermediaries; to provide definitions; to provide prohibitions; to provide for conditions of licensure; to provide for transactions and the duties of brokers and insurers; to provide for transactions and duties involving managers and reinsurers; to provide for examinations and reviews; to provide sanctions; to provide for other matters relative to the foregoing; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking Code Section 33-3-18, which reads as follows: 33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer as to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state., and inserting in its place a new Code Section 33-3-18 to read as follows: 33-3-18. The Commissioner may, without advance notice or a hearing thereon, suspend immediately the certificate of authority of any insurer: (1) As to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state; (2) Whose authority to do business in any state has been revoked, suspended, or restricted in any way by the public insurance supervisory official of such state; or (3) If upon examination or at any other time it appears in the Commissioner's discretion that:

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(A) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds; (B) The insurer exceeded its powers granted under its certificate of authority and applicable law; (C) The insurer has failed to comply with the applicable provisions of this title; (D) The business of the insurer is being conducted fraudulently; or (E) The insurer gives its consent. Section 2. Said title is further amended by adding immediately following Code Section 33-3-21.2, relating to the analysis of certain loss and loss adjustment expense reserves, a new Code section, to be designated Code Section 33-3-21.3, to read as follows: 33-3-21.3. (a) This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state. (b) (1) Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall file annually on or before March 1 of each year with the National Association of Insurance Commissioners a copy of its annual statement convention blank along with such additional filings as prescribed by the Commissioner for the preceding year. The information filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the Commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual statement filing subsequently filed with the Commissioner shall also be filed with the National Association of Insurance Commissioners. (2) Foreign insurers that are domiciled in a state which has a law substantially similar to paragraph (1) of

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this subsection shall be deemed in compliance with this subsection. (c) In the absence of actual malice, members of the National Association of Insurance Commissioners; their duly authorized committees, subcommittees, and task forces; their delegates; employees of the National Association of Insurance Commissioners; and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Commissioner under the authority of this Code section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, analysis, and dissemination of the data and information collected from the filings required under this Code section. (d) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department with an expectation of confidentiality by the National Association of Insurance Commissioners' Insurance Regulatory Information System shall be confidential and may not be disclosed by the department. (e) The Commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within any extension of time which the Commissioner, for good cause, may have granted. Section 3. Said title is further amended by striking Code Section 33-7-14, relating to the reinsurance of risks, in its entirety and inserting in its place a new Code Section 33-7-14 to read as follows: 33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), or (5) of this subsection. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) of this subsection must also be met.

Page 1429

(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this state. An accredited reinsurer is one which: (A) Files with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits to this state's authority to examine its books and records; (C) Is licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance in at least one state; and (D) Files annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement and: (i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and

Page 1430

licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Paragraph (1) of this subsection shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4) (A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million. In the case of a group of individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; and the group shall make available to the Commissioner an annual certification of the

Page 1431

solvency of each underwriter by the group's domiciliary regulator and its independent public accountants. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant. (C) Such trust shall be established in a form approved by the Commissioner. The trust instruments shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing

Page 1432

the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and (6) If the assuming insurer is not licensed or accredited to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give such court jurisdiction, and will abide by the final decision of such court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if such an obligation is created in the agreement. (b) A reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by

Page 1433

the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of the ceding company on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c) (1) For purposes of paragraph (3) of subsection (b) of this Code section, `qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;

Page 1434

(B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A `qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies. Section 4. Said title is further amended by adding at the end of Chapter 11, relating to investments of insurers, a new Code Section 33-11-43 to read as follows: 33-11-43. Notwithstanding any provision of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77 r-1, to the contrary, any insurer subject to the provisions of this title shall comply with all provisions, restrictions, and limitations concerning investments provided in this chapter. Section 5. Said title is further amended by adding immediately following Code Section 33-13-3, relating to the acquisition of control of or merger with a domestic insurer, a new Code section, to be designated Code Section 33-13-3.1, to read as follows:

Page 1435

33-13-3.1. (a) As used in this Code section, the term: (1) `Acquisition' means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers. (2) `Involved insurer' includes an insurer which either acquires or is acquired, is affiliated with an acquirer or acquired, or is the result of a merger. (b) (1) Except as exempted in paragraph (2) of this subsection, this Code section applies to any acquisition in which there is a change in control of an insurer authorized to do business in this state. (2) This Code section shall not apply to the following: (A) An acquisition subject to approval or disapproval by the Commissioner pursuant to Code Section 33-13-3; (B) A purchase of securities solely for investment purposes so long as such securities are not used by voting or otherwise to cause or attempt to cause the substantial lessening of competition in any insurance market in this state. If a purchase of securities results in a presumption of control under paragraph (3) of Code Section 33-13-1, it is not solely for investment purposes unless the commissioner of the insurer's state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and such disclaimer action or affirmative finding is communicated by the domiciliary commissioner to the Commissioner of this state; (C) The acquisition of a person by another person when both persons are neither directly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Commissioner in accordance with paragraph (1) of subsection

Page 1436

(c) of this Code section 30 days prior to the proposed effective date of the acquisition. However, such preacquisition notification is not required for exclusion from this Code section if the acquisition would otherwise be excluded from this Code section by any other subparagraph of this paragraph; (D) The acquisition of already affiliated persons; (E) An acquisition if, as an immediate result of the acquisition: (i) In no market would the combined market share of the involved insurers exceed 5 percent of the total market; (ii) There would be no increase in any market share; or (iii) In no market would: (I) The combined market share of the involved insurers exceed 12 percent of the total market; and (II) The market share increases by more than 2 percent of the total market. For the purpose of this subparagraph, the term `market' means a direct written insurance premium in this state for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in this state; (F) An acquisition for which a preacquisition notification would be required pursuant to this Code section due solely to the resulting effect on the ocean marine insurance line of business; or (G) An acquisition of an insurer whose domiciliary commissioner affirmatively finds that such insurer is in failing condition; there is a lack of feasible alternative to improving such condition; the public benefits of

Page 1437

improving such insurer's condition through the acquisition exceed the public benefits that would arise from not lessening competition; and such findings are communicated by the domiciliary commissioner to the Commissioner of this state. (c) An acquisition covered by subsection (b) of this Code section may be subject to an order pursuant to subsection (e) of this Code section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Commissioner shall give confidential treatment to information submitted under this subsection in the same manner as provided in Code Section 33-13-7. (1) The preacquisition notification shall be in such form and contain such information as prescribed by the National Association of Insurance Commissioners relating to those markets which, under subparagraph (b)(2)(E) of this Code section, cause the acquisition not to be exempted from the provisions of this Code section. The Commissioner may require such additional material and information as he deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of subsection (d) of this Code section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in this state accompanied by a summary of the education and experience of such person indicating his or her ability to render an informed opinion; and (2) The waiting period required shall begin on the date of receipt of the Commissioner of a preacquisition notification and shall end on the earlier of the thirtieth day after the date of such receipt or termination of the waiting period by the Commissioner. Prior to the end of the waiting period, the Commissioner on a one-time basis may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the thirtieth day after receipt of such additional information by the Commissioner or termination of the waiting period by the Commissioner.

Page 1438

(d) (1) The Commissioner may enter an order under paragraph (1) of subsection (e) of this Code section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be substantially to lessen competition in any line of insurance in this state or tend to create a monopoly therein or if the insurer fails to file adequate information in compliance with subsection (c) of this Code section. (2) In determining whether a proposed acquisition would violate the competitive standard of paragraph (1) of this subsection, the Commissioner shall consider the following: (A) Any acquisition covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standards: (i) If the market is highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 4 percent 4 percent or more 10 percent 2 percent or more 15 percent 1 percent or more; or (ii) If the market is not highly concentrated and the involved insurers possess the following shares of the market: Insurer A Insurer B 5 percent 5 percent or more 10 percent 4 percent or more 15 percent 3 percent or more 19 percent 1 percent or more A highly concentrated market is one in which the share of the four largest insurers is 75 percent or more of the market. Percentages not shown in the tables are

Page 1439

interpolated proportionately to the percentages that are shown. If more than two insurers are involved, exceeding the total of the two columns in the table is primafacie evidence of violation of the competitive standard in paragraph (1) of this subsection. For the purpose of this subparagraph, the insurer with the largest share of the market shall be deemed to be Insurer A; (B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the two largest to the eight largest, has increased by 7 percent or more of the market over a period of time extending from any base year five to ten years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this Code section involving two or more insurers competing in the same market is prima-facie evidence of violation of the competitive standard in paragraph (1) of this subsection if: (i) There is a significant trend toward increased concentration in the market; (ii) One of the insurers involved is one of the insurers in a grouping of such large insurers showing the requisite increase in the market share; and (iii) Another involved insurer's market is 2 percent or more; (C) For the purposes of this paragraph: (i) The term `insurer' includes any company or group of companies under common management, ownership, or control; (ii) The term `market' means the relevant product and geographical markets. In determining the relevant product and geographical markets, the Commissioner shall give due consideration to, among other things, the definitions or guidelines, if

Page 1440

any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of business, such line being that used in the annual statement required to be filed by insurers doing business in this state, and the relevant geographical market is assumed to be this state; and (iii) The burden of showing prima-facie evidence of violation of the competitive standard rests upon the Commissioner; (D) Even though an acquisition is not prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Commissioner may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an acquisition is prima-facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry into the market and exit from the market. (3) An order may not be entered under paragraph (1) of subsection (e) of this Code section if: (A) The acquisition will yield substantial economies of scale or economies in resource utilization that cannot be feasibly achieved in any other way, and the public benefits which would arise from such economies exceed the public benefits which would arise from not lessening competition; or (B) The acquisition will substantially increase the availability of insurance, and the public benefits of such

Page 1441

increase exceed the public benefits which would arise from not lessening competition. (e) (1) (A) If an acquisition violates the standards of this Code section, the Commissioner may enter an order: (i) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (ii) Denying the application of an acquired or acquiring insurer for a license to do business in this state. (B) Such an order shall not be entered unless: (i) There is a hearing; (ii) Notice of such hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and (iii) The hearing is concluded and the order is issued no later than 60 days after the end of the waiting period. Every order shall be accompanied by a written decision of the Commissioner setting forth his findings of fact and conclusions of law. (C) An order entered under this paragraph shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such plan or other information, the Commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this Code section would be remedied and the order vacated or modified. (D) An order pursuant to this paragraph shall not apply if the acquisition is not consummated.

Page 1442

(2) Any person who violates a cease and desist order of the Commissioner under paragraph (1) of this subsection and while such order is in effect, may after notice and hearing and upon order of the Commissioner, be subject, at the discretion of the Commissioner, to any one or more of the following: (A) A monetary penalty of not more than $10,000.00 for every day of violation; or (B) Suspension or revocation of such person's license. (3) Any insurer or other person who fails to make any filing required by this subsection and who also fails to demonstrate a good faith effort to comply with any such filing requirement shall be subject to a fine of not more than $50,000.00. Section 6. Said title is further amended by striking Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates generally, in its entirety and inserting in its place a new Code Section 33-13-5 to read as follows: 33-13-5. (a) (1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (A) The terms shall be fair and reasonable; (B) Charges or fees for services performed shall be reasonable; (C) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied; (D) The books, accounts, and records of each party to all such transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including such accounting information as is necessary to support the reasonableness of the charges or fees to the respective parties; and

Page 1443

(E) The insurer's surplus with regard to policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs. (2) The following transactions involving a domestic insurer and any person in its holding company system may not be entered into unless the insurer has notified the Commissioner in writing of its intention to enter into such transaction at least 30 days prior thereto, or such shorter period as the Commissioner may permit, and the Commissioner has not disapproved it within such period: (A) Sales, purchases, exchanges, loans or extensions of credit, guarantees, or investments, provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus as regards policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes such loans or extensions of credit with the agreement or understanding that the proceeds of such transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer making such loans or extensions of credit provided such transactions are equal to or exceed: with respect to nonlife insurers, the lesser of 3 percent of the insurer's admitted assets or 25 percent of surplus with regard to policyholders; or with respect to life insurers, 3 percent of the insurer's admitted assets; each as of December 31 next preceding; (C) Reinsurance agreements or modifications thereto in which the reinsurance premium or a change in the insurer's liabilities equals or exceeds 5 percent of the insurer's surplus with regard to policyholders, as of December 31 next preceding, including those agreements

Page 1444

which may require as consideration the transfer of assets from an insurer to a nonaffiliate, if an agreement or understanding exists between the insurer and nonaffiliate that any portion of such assets will be transferred to one or more affiliates of the insurer; (D) All management agreements, service contracts, and all cost-sharing agreements; and (E) Any material transactions, specified by regulation, which the Commissioner determines may adversely affect the interests of the insurer's policyholders. Nothing contained in this paragraph shall be deemed to authorize or permit any transactions which, in the case of an insurer who is not a member of the same holding company system, would be otherwise contrary to law. (3) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Commissioner determines that such separate transactions were entered into over any 12 month period for such purpose, he may exercise his authority under Code Section 33-13-9 or Code Section 33-13-100. (4) The Commissioner, in reviewing transactions pursuant to paragraph (2) of this subsection, shall consider whether the transactions comply with the standards set forth in paragraph (1) of this subsection and whether they may adversely affect the interests of policyholders. (5) The Commissioner shall be notified within 30 days of any investment of the domestic insurer in any one corporation if the total investment in such corporation by the insurance holding company system exceeds 10 percent of such corporation's voting securities. (b) (1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution

Page 1445

to its shareholders until 30 days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or the Commissioner shall have approved such payment within such 30 day period. (2) For the purposes of this subsection, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of 10 percent of such insurer's surplus with regard to policyholders as of December 31 next preceding, or the net gain from operations of such insurer, if such insurer is a life insurer, or the net income, if such insurer is not a life insurer, not including realized capital gains, for the 12 months period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous two calendar years that has not already been paid out as dividends. This carry forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years. (3) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner's approval thereof, and such a declaration shall confer no rights upon shareholders until the commissioner has approved the payment of such a dividend or distribution or the commissioner has not disapproved such payment within the 30 day period referred to in paragraph (1) of this subsection. (c) For purposes of this chapter, in determining whether an insurer's surplus with regard to policyholders is reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered:

Page 1446

(1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria; (2) The extent to which the insurer's business is diversified among the several lines of insurance; (3) The number and size of risks insured in each line of business; (4) The extent of the geographical dispersion of the insurer's insured risks; (5) The nature and extent of the insurer's reinsurance program; (6) The quality, diversification, and liquidity of the insurer's investment portfolio; (7) The recent past and projected future trend in the size of the insurer's investment portfolio; (8) The surplus with regard to policyholders maintained by other comparable insurers; (9) The adequacy of the insurer's reserves; and (10) The quality and liquidity of investments in affiliates. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in his judgment such investment so warrants. Section 7. Said title is further amended by striking Chapter 37, relating to rehabilitation, reorganization, conservation, and liquidation of insurers, in its entirety and inserting in its place a new Chapter 37 to read as follows: CHAPTER 37 ARTICLE 1 33-37-1. (a) This chapter shall be known and may be cited as the `Insurers Rehabilitation and Liquidation Act.'

Page 1447

(b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law. (c) This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section. (d) The purpose of this chapter is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interferance with the normal prerogatives of the owners and managers of insurers, through: (1) Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures; (2) Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry; (3) Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation; (4) Equitable apportionment of any unavoidable loss; (5) Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of personal jurisdiction over debtors of the insurer outside this state; (6) Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and (7) Providing for a comprehensive scheme for the rehabilitation and liquidation of insurance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.

Page 1448

33-37-2. The proceedings authorized by this chapter may be applied to: (1) All insurers who are doing or have done an insurance business in this state and against whom claims arising from that business may exist now or in the future; (2) All insurers who purport to do an insurance business in this state; (3) All insurers who have insureds resident in this state; (4) All other persons organized or in the process of organizing with the intent to do an insurance business in this state; (5) All nonprofit service plans and all fraternal benefit societies; (6) All title insurance companies; and (7) All prepaid health care delivery plans, health care plans, and health maintenance organizations. 33-37-3. As used in this chapter, the term: (1) `Ancillary state' means any state other than a domiciliary state. (2) `Commissioner' means the Commissioner of Insurance. (3) `Creditor' means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) `Delinquency proceeding' means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer and any summary proceeding under Code Section 33-37-9. `Formal delinquency proceeding' means any liquidation or rehabilitation proceeding.

Page 1449

(5) `Doing business' includes any of the following acts, whether effected by mail or otherwise: (A) The issuance or delivery of contracts of insurance to persons resident in this state; (B) The solicitation of applications for such contracts or other negotiations preliminary to the execution of such contracts; (C) The collection of premiums, membership fees, assessments, or other consideration for such contracts; (D) The transaction of matters subsequent to execution of such contracts and arising out of them; or (E) Operating under a license or certificate of authority, as an insurer, issued by the Insurance Department. (6) `Domiciliary state' means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry. (7) `Fair consideration' means: (A) When in exchange for property or obligation as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an antecedent debt is satisfied; or (B) When property or obligation is received in good faith to secure a present advance or antecedent, debt in amount not disproportionately small as compared to the value of the property or obligation obtained. (8) `Foreign country' means any other jurisdiction not in any state. (9) `General assets' means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified

Page 1450

persons or classes of persons. As to specifically encumbered property, `general assets' includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors in more than a single state shall be treated as general assets. (10) `Guaranty association' means the Georgia Insurers Insolvency Pool created by Chapter 36 of this title, the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title, and any other similar entity now or hereafter created by the General Assembly for the payment of claims of insolvent insurers. `Foreign guaranty association' means any similar entities now in existence in or hereafter created by the legislature of any other state. (11) `Insolvency' or `insolvent' means: (A) For an insurer issuing only assessable fire insurance policies: (i) The inability to pay any obligation within 30 days after it becomes payable; or (ii) If an assessment is made within 30 days after an obligation becomes payable, the inability to pay such obligation 30 days following the date specified in the first assessment notice issued after the date of loss; (B) For any other insurer, the inability to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of: (i) Any capital and surplus required by law for its organization; or (ii) The total par or stated value of its authorized and issued capital stock; and

Page 1451

(C) As to any insurer licensed to do business in this state as of July 1, 1991, which does not meet the standard established under subparagraph (B) of this paragraph, for a period not to exceed three years from July 1, 1991, the inability to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of this title. For purposes of this paragraph, `liabilities' shall include, but not be limited to, reserves required by statute or by regulations or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto. (12) `Insurer' means any person who has done, purports to do, is doing, or is licensed to do an insurance business and is or has been subject to liquidation, rehabilitation, reorganization, supervision, the authority of, or conservation by any state insurance regulatory official. For purposes of this chapter, any other persons included under Code Section 33-37-2 shall be deemed to be insurers. (13) `Preferred claim' means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer. (14) `Receiver' means receiver, liquidator, rehabilitator, or conservator as the context requires. (15) `Reciprocal state' means any state other than this state in which in substance and effect Code Sections 33-37-17, 33-37-51, 33-37-52, and 33-37-54 through 33-37-56 are in force, and in which provisions are in force requiring that the commissioner or equivalent official be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. (16) `Secured claim' means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims

Page 1452

which have become liens upon specific assets by reason of judicial process. (17) `Special deposit claim' means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets. (18) `State' means any state, district, or territory of the United States. (19) `Transfer' shall include the sale and every other and different mode, direct or indirect, of disposing of or of parting with property, an interest therein, the possession thereof or of fixing a lien upon property or upon an interest therein, whether absolutely or conditionally, voluntarily, or by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor. 33-37-4. (a) No delinquency proceeding shall be commenced under this chapter by anyone other than the Commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (b) No court of this state shall have jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter. (c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to Code Section 9-11-4 or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state: (1) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an

Page 1453

insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; (3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; (4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or (5) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation. (d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state. (e) Any action authorized in this Code section shall be brought in the Superior Court of Fulton County. 33-37-5. (a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (1) The transaction of further business;

Page 1454

(2) The transfer of property; (3) Interference with the receiver or with a proceeding under this chapter; (4) Waste of the insurer's assets; (5) Dissipation and transfer of bank accounts; (6) The institution or further prosecution of any actions or proceedings; (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders; (8) The levying of execution against the insurer, its assets or its policyholders; (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or (11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter. (b) The receiver may apply to any court outside of the state for the relief described in subsection (a) of this Code section. 33-37-6. (a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer or any other persons with authority over or in charge of any segment of the insurer's affairs shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. The term `person' as used in this Code section shall include any person who exercises control directly or indirectly

Page 1455

over activities of the insurer through any holding company or other affiliate of the insurer. `To cooperate' shall include, but shall not be limited to, the following: (1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and (2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control. (b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. (c) This Code section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings or other orders. (d) Any person included within subsection (a) of this Code section who fails to cooperate with the Commissioner, or any person who obstructs or interferes with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the Commissioner issued validly under this chapter may: (1) Be sentenced to pay a fine not exceeding $10,000.00 or to undergo imprisonment for a term of not more than one year, or both; or (2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000.00 and shall be subject further to the revocation or suspension of any insurance licenses issued by the Commissioner. 33-37-7. Every proceeding commenced under the laws in effect before July 1, 1991, shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding in this chapter, except that in the discretion of the Commissioner the proceeding may be continued, in whole or in part, as

Page 1456

it would have been continued had this chapter not been enacted. 33-37-8. No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding; (2) Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority; (3) Be returned to the control of its shareholders or private management; or (4) Have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. ARTICLE 2 33-37-9. (a) The Commissioner may file in the superior court of the county in which the insurer is domiciled or in the Superior Court of Fulton County a petition alleging, with respect to a domestic insurer: (1) That there exists any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this chapter; (2) That the interests of policyholders, creditors, or the public will be endangered by delay; and

Page 1457

(3) The contents of an order deemed necessary by the Commissioner. (b) Upon a filing under subsection (a) of this Code section, the court may issue forthwith, ex parte, and without a hearing the requested order which shall direct the Commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer and of the premises occupied by it for transaction of its business and until further order of the court, enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the Commissioner. (c) The court shall specify in the order what its duration shall be which shall be such time as the court deems necessary for the Commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order. (d) Entry of a seizure order under this Code section shall not constitute an anticipatory breach of any contract of the insurer. (e) An insurer subject to an ex parte order under this Code section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than 15 days after the request. A hearing under this subsection may be held privately in chambers and it shall be so held if the insurer proceeded against so requests. (f) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be

Page 1458

given. An order that notice be given shall not stay the effect of any order previously issued by the court. 33-37-10. In all proceedings and judicial reviews thereof under Code Section 33-37-9, all records of the insurer, other documents, and all Insurance Department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the court, after hearing arguments from the parties in chambers, shall order otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the superior court shall be held by him in a confidential file. ARTICLE 3 33-37-11. The Commissioner may apply by petition to the Superior Court of Fulton County for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that the further transaction of business would be hazardous financially to its policyholders, creditors, or the public; (2) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer; (3) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, employee, or other person, if the person has been found after notice and hearing by the Commissioner to be dishonest or untrustworthy in a way affecting the insurer's business; (4) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person

Page 1459

or persons found after notice and hearing to be untrustworthy; (5) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director, trustee, employee, or other person, has refused to be examined under oath by the Commissioner concerning its affairs, whether in this state or elsewhere, and after reasonable notice of the fact, the insurer has failed promptly and effectively to terminate the employment and status of the person and all his influence on management; (6) After demand by the Commissioner under Code Section 33-2-11 or under this chapter, the insurer has failed promptly to make available for examination any of its own property, books, accounts, documents, or other records or those of any subsidiary or related company within the control of the insurer or those of any person having executive authority in the insurer so far as they pertain to the insurer; (7) Without first obtaining the written consent of the Commissioner, the insurer has transferred, or attempted to transfer, in a manner contrary to Chapter 13 of this title, substantially its entire property or business or has entered into any transaction the effect of which is to merge, consolidate, or reinsure substantially its entire property or business in or with the property or business of any other person; (8) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator, or sequestrator, or similar fiduciary of the insurer or its property otherwise than as authorized under the insurance laws of this state, and such appointment has been made or is imminent, and such appointment might oust the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings under this chapter; (9) Within the previous four years the insurer has willfully violated its charter or articles of incorporation, its bylaws, any provision of this title, or any valid order of the Commissioner;

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(10) The insurer has failed to pay within 60 days after due date any obligation to any state or any subdivision thereof or any judgment entered in any state, if the court in which such judgment was entered had jurisdiction over such subject matter except that such nonpayment shall not be a ground until 60 days after any good faith effort by the insurer to contest the obligation has been terminated, whether it is before the Commissioner or in the courts, or the insurer has systematically attempted to compromise or renegotiate previously agreed settlements with its creditors on the ground that it is financially unable to pay its obligations in full; (11) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law and, after written demand by the Commissioner, has failed to give an adequate explanation immediately; or (12) The board of directors or the holders of a majority of the shares entitled to vote or a majority of those individuals entitled to the control of insurers request or consent to rehabilitation under this chapter. 33-37-12. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the Commissioner and his successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the superior court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator. (b) Any order issued under this Code section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a

Page 1461

report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (d) of Code Section 33-37-13 will be prepared by the rehabilitator and the timetable for doing so. (c) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation of retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation is done by the rehabilitator pursuant to Code Section 33-37-13. 33-37-13. (a) The Commissioner as rehabilitator may appoint one or more special deputies who shall have all the powers and responsibilities of the rehabilitator granted under this Code section, and the Commissioner may employ such clerks and assistants as deemed necessary. The compensation of the special deputy, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the Commissioner with the approval of the court and shall be paid out of the funds or assets of the insurer. The persons appointed under this Code section shall serve at the pleasure of the Commissioner. The Commissioner, as rehabilitator, may, with the approval of the court, appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in rehabilitation proceedings conducted under this chapter. (b) In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of the insurance department out of the first available money of the insurer.

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(c) The rehabilitator may take such action as he deems necessary or appropriate to reform and revitalize the insurer. He shall have all the powers of the directors, officers, and managers whose authority shall be suspended, except as they are redelegated by the rehabilitator. He shall have full power to direct and manage, to hire and discharge employees subject to any contract rights they may have, and to deal with the property and business of the insurer. (d) If it appears to the rehabilitator that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, he may pursue all appropriate legal remedies on behalf of the insurer. (e) If the rehabilitator determines that reorganization, consolidation, conversion, reinsurance, merger, or other transformation of the insurer is appropriate, he shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this Code section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, the plan proposed may include the imposition of liens upon the policies of the company if all rights of shareholders are first relinquished. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies for such period and to such an extent as may be necessary. (f) The rehabilitator shall have the power under Code Sections 33-37-25 and 33-37-26 to avoid fraudulent transfers. 33-37-14. (a) Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the

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interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer. (b) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. (c) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation. 33-37-15. (a) Whenever the Commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public or would be futile the Commissioner may petition the superior court for an order of liquidation. A petition under this subsection shall have the same effect as a petition under Code Section 33-37-16. The superior court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer or such costs and other expenses of defense as justice may require. (b) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six months at any time after the appointment of the rehabilitator and the

Page 1464

rehabilitator has not filed an application for approval of a plan under subsection (d) of Code Section 33-37-13, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency. (c) The rehabilitator may at any time petition the superior court for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the superior court finds that rehabilitation has been accomplished and that grounds for rehabilitation under Code Section 33-37-11 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business. The superior court may also make that finding and issue that order at any time upon its own motion. 33-37-16. The Commissioner may petition the superior court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis: (1) Of any ground for an order of rehabilitation as specified in Code Section 33-37-11, whether or not there has been a prior order directing the rehabilitation of the insurer; (2) That the insurer is insolvent; or (3) That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public. 33-37-17. (a) An order to liquidate the business of a domestic insurer shall appoint the Commissioner and his successors in office liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the superior court and the recorder of deeds of the county in which its

Page 1465

principal office or place or business is located, or, in the case of real estate, with the recorder of deeds of the county where the property is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. (b) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in Code Sections 33-37-18 and 33-37-36. (c) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein. (d) At the time of petitioning for an order of liquidation, or at any time thereafter, the Commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and hearing as it deems proper, the court may make the declaration. (e) Any order issued under this Code section shall require financial reports to the court by the liquidator. Financial reports shall include at a minimum the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one year of the liquidation order and at least annually thereafter. (f) (1) Within ten days of July 1, 1991, or, if later, within five days after the initiation of an appeal of an order of liquidation, which order has not been stayed, the Commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of an appeal. Such plan shall provide for the continued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds

Page 1466

alleged in support of the order of liquidation including the ground of insolvency. In the event the defendant company's financial condition will not, in the judgment of the Commissioner, support the full performance of all policy claims obligations during the appeal pendency period, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants as the Commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan submitted by the Commissioner and if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the Commissioner or any of his deputies, agents, clerks, assistants, or attorneys by any party based on preference in an appeal pendency plan approved by the court. (2) The appeal pendency plan shall not supersede or affect the obligations of any insurance guaranty association. (3) Any such plans shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, in the event that the liquidator pays claims from assets of the estate, which would otherwise be the obligations of any particular guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, in the event an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty association, including reasonable administrative expenses in connection therewith relating to obligations of the company, shall be repaid in full, together with interest at the judgment rate of interest or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations. 33-37-18. (a) All policies, including bonds and other noncancelable business, other than life or accident and sickness insurance or annuities, in effect at the time of issuance of

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an order of liquidation shall continue in force only for the lesser of: (1) A period of 30 days from the date of entry of the liquidation orders; (2) The expiration of the policy coverage; (3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy; (4) The date on which the liquidator effects a transfer of the policy obligation pursuant to paragraph (9) of subsection (a) of Code Section 33-37-20; or (5) The date proposed by the liquidator and approved by the court to cancel coverage. (b) An order or liquidation under Code Section 33-37-17 shall terminate coverages at the time specified in subsection (a) of this Code section for purposes of any other statute. (c) Policies of life or accident and sickness insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty association or foreign guaranty association. (d) Policies of life or accident and sickness insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (a) and (b) of this Code section. 33-37-19. The Commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the Commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon

Page 1468

the discharge of the liquidator if the insurer is under a liquidation order for some other reason. 33-37-20. (a) The liquidator shall have the power: (1) To appoint a special deputy or deputies to act for him under this chapter and to determine his reasonable compensation. The special deputy shall have all powers of the liquidator granted by this Code section. The special deputy shall serve at the pleasure of the liquidator; (2) To employ employees and agents, actuaries, accountants, appraisers, consultants, and such other personnel as he may deem necessary to assist in the liquidation; (3) To appoint, with the approval of the court, an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the Commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the Commissioner or the court in liquidation proceedings conducted under this chapter; (4) To fix the reasonable compensation of employees and agents, actuaries, accountants, appraisers, and consultants with the approval of the court; (5) To pay reasonable compensation to persons appointed and to defray from the funds or assets of the insurer all expenses of taking possession of, conserving, conducting, liquidating, disposing of, or otherwise dealing with the business and property of the insurer. In the event that the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the Commissioner may advance the costs so incurred out of any appropriation for the maintenance of the insurance department. Any amounts so advanced for expenses of administration shall be repaid to the Commissioner for the use of

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the insurance department out of the first available moneys of the insurer; (6) To hold hearings, to subpoena witnesses to compel their attendance, to administer oaths, to examine any person under oath, and to compel any person to subscribe to his testimony after it has been correctly reduced to writing and, in connection therewith, to require the production of any books, papers, records, or other documents which he deems relevant to the inquiry; (7) To audit the books and records of all agents of the insurer insofar as those records relate to the business activities of the insurer; (8) To collect all debts and moneys due and claims belonging to the insurer, wherever located, and for this purpose: (A) To institute timely action in other jurisdictions, in order to forestall garnishment and attachment proceedings against such debts; (B) To do such other acts as are necessary or expedient to collect, conserve, or protect its assets or property, including the power to sell, compound, compromise, or assign debts for purposes of collection upon such terms and conditions as he deems best; and (C) To pursue any creditor's remedies available to enforce his claims; (9) To conduct public and private sales of the property of the insurer; (10) To use assets of the estate of an insurer under a liquidation order to transfer policy obligations to a solvent assuming insurer, if the transfer can be arranged without prejudice to applicable priorities under Code Section 33-37-41; (11) To acquire, hypothecate, encumber, lease, improve, sell, transfer, abandon, or otherwise dispose of or

Page 1470

deal with any property of the insurer at its market value or upon such terms and conditions as are fair and reasonable. He shall also have power to execute, acknowledge, and deliver any and all deeds, assignments, releases, and other instruments necessary or proper to effectuate any sale of property or other transaction in connection with the liquidation; (12) To borrow money on the security of the insurer's assets or without such security and to execute and deliver all documents necessary to that transaction for the purpose of facilitating the liquidation. Any such funds borrowed may be repaid as an administrative expense and have priority over any other claims in Class 1 under the priority of distribution; (13) To enter into such contracts as are necessary to carry out the order to liquidate and to affirm or disavow any contracts to which the insurer is a party; (14) To continue to prosecute and to institute in the name of the insurer or in his own name any and all suits and other legal proceedings, in this state or elsewhere, and to abandon the prosecution of claims he deems unprofitable to pursue further. If the insurer is dissolved under Code Section 33-37-19, he shall have the power to apply to any court in this state or elsewhere for leave to substitute himself for the insurer as plaintiff; (15) To prosecute any action which may exist in behalf of the creditors, members, policyholders, or shareholders of the insurer against any officer of the insurer or any other person; (16) To remove any or all records and property of the insurer to the offices of the Commissioner or to such other place as may be convenient for the purposes of efficient and orderly execution of the liquidation. Guaranty associations and foreign guranty associations shall have such reasonable access to the records of the insurer as is necessary for them to carry out their statutory obligations;

Page 1471

(17) To deposit in one or more banks in this state such sums as are required for meeting current administration expenses and dividend distributions; (18) To invest all sums not currently needed, unless the court orders otherwise; (19) To file any necessary documents for record in the office of the clerk of the superior court or any other recorder of deeds or record office in this state or elsewhere where property of the insurer is located; (20) To assert all defenses available to the insurer as against third persons, including statutes of limitation, statutes of frauds, and the defense of usury. A waiver of any defense by the insurer after a petition in liquidation has been filed shall not bind the liquidator. Whenever a guaranty association or foreign guaranty association has an obligation to defend any suit, the liquidator shall give precedence to such obligation and may defend only in the absence of a defense by such guaranty associations; (21) To exercise and enforce all the rights, remedies, and powers of any creditor, shareholder, policyholder, or member, including any power to avoid any transfer or lien that may be given by the general law and that is not included within Code Sections 33-37-25 through 33-37-27; (22) To intervene in any proceeding wherever instituted that might lead to the appointment of a receiver or trustee and to act as the receiver or trustee whenever the appointment is offered; (23) To enter into agreements with any receiver or commissioner of any other state relating to the rehabilitation, liquidation, conservation, or dissolution of an insurer doing business in both states; and (24) To exercise all powers now held or hereafter [Illegible Text] upon receivers by the laws of this state not inconsistent with the provisions of this chapter.

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(b) (1) If a company placed in liquidation issued liability policies on a claims made basis, which provided an option to purchase an extended period to report claims, then the liquidator may make available to holders of such policies, for a charge, an extended period in which to report claims. The extended reporting period shall be made available only to those insureds who are unable to secure substitute coverage at a cost not in excess if that charged by the liquidator. The extended period made available by the liquidator shall begin upon termination of any extended period to report claims in the basic policy and shall end at the earlier of the final date for filing of claims in the liquidation proceeding or 18 months from the order of liquidation. (2) The extended period to report claims made available by the liquidator shall be subject to the terms of the policy to which it relates. The liquidator shall make available such extended period within 60 days after the order of liquidation at a charge to be determined by the liquidator subject to approval of the court. Such offer shall be deemed rejected unless the offer is accepted in writing and the charge is paid within 90 days after the order of liquidation. No commissions, premium taxes, assessments, or other fees shall be due on the charge pertaining to the extended period to reports claims. (c) The enumeration, in this Code section, of the powers and authority of the liquidator shall not be construed as a limitation upon him, nor shall it exclude in any manner his right to do such other acts not specifically enumerated or otherwise provided, as may be necessary or appropriate for the accomplishment of or in aid of the purpose of liquidation. (d) Notwithstanding the powers of the liquidator as stated in subsections (a) and (b) of this Code section, the liquidator shall have no obligation to defend claims or to continue to defend claims subsequent to the entry of a liquidation order. 33-37-21. (a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:

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(1) By first-class mail and either by telegram or telephone to the commissioner of insurance of each jurisdiction in which the insurer is doing business; (2) By first-class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation; (3) By first-class mail to all insurance agents of the insurer; (4) By first-class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and (5) By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate. (b) Notice to potential claimants under subsection (a) of this Code section shall require claimants to file with the liquidator their claims together with proper proofs thereof under Code Section 33-37-35, on or before a date the liquidator shall specify in the notice. Although an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c) (1) Notice under subsection (a) of this Code section to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty associations such information concerning the identities and addresses of such policyholders and their policy

Page 1474

coverages as may be within the liquidator's possession or control and otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages. (d) If notice is given in accordance with this Code section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice. 33-37-22. (a) Every person who receives notice in the form prescribed in Code Section 33-37-21 that an insurer which he represents as an agent is the subject of a liquidation order, shall within 30 days of such notice provide to the liquidator, in addition to the information he may be required to provide pursuant to Code Section 33-37-6, the information in the agent's records related to any policy issued by the insurer through the agent and, if the agent is a general agent, the information in the general agent's record related to any policy issued by the insurer through an agent under contract to him, including the name and address of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy or if the agent has had in his possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another. (b) Any agent failing to provide information to the liquidator as required in subsection (a) of this Code section may be subject to payment of a penalty of not more than $1,000.00 and may have his licenses suspended, said penalty to be imposed after a hearing held by the Commissioner. 33-37-23. (a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing

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actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corresponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, he may intervene in the action. The liquidator may defend any action in which he intervenes under this Code section at the expense of the estate of the insurer. (b) The liquidator may, upon or after an order for liquidation, within two years or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act and where in any such case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer within a period of 180 days subsequent to the entry of an order for liquidation or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party. (c) No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the petition is denied. (d) Any guaranty association or foreign guaranty association shall have standing to appear in any court proceeding concerning the liquidation of an insurer if such association is or may become liable to act as a result of the liquidation.

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33-37-24. (a) As soon as practicable after the liquidation order but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be filed in the office of the clerk of the superior court and one copy shall be retained for the liquidator's files. All amendments and supplements shall be similarly filed. (b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation. (c) A submission to the court for disbursement of assets in accordance with Code Section 33-37-33 fulfills the requirements of subsection (a) of this Code section. 33-37-25. (a) Every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair consideration or with actual intent to hinder, delay, or defraud either existing or future creditors. A transfer made or an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter which is fraudulent under this Code section may be avoided by the receiver, except as to a person who in good faith is a purchaser, lienor, or obligee for a present fair equivalent value, and except that any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for such transfer, lien, or obligation, may retain the property, lien, or obligation as security for repayment. The court may, on due notice, order any such transfer or obligation to be preserved for the benefit of the estate, and, in that event, the receiver shall succeed to and may enforce the rights of the purchaser, lienor, or obligee. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee under subsection (c) of Code Section 33-37-27.

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(2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained any liens or persons who might have become bona fide purchasers. (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be avoided by the receiver under subsection (a) of this Code section if: (1) The transaction consists of the termination, adjustment, or settlement of a reinsurance contract in which the reinsurer is released from any part of its duty to pay the originally specified share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a present fair equivalent value for the release; and (2) Any part of the transaction took place within one year prior to the date of filing of the petition through which the receivership was commenced. (d) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. 33-37-26. (a) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to

Page 1478

the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale. (b) After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted: (1) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred; (2) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending; (3) A person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and (4) A person asserting the validity of a transfer under this Code section shall have the burden of proof. Except as elsewhere provided in this Code section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.

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(c) Every person receiving any property from the insurer or any benefit thereof which is a fraudulent transfer under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (d) Nothing in this chapter shall impair the negotiability of currency or negotiable instruments. 33-37-27. (a) (1) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor for or on account of an antecedent debt made or suffered by the insurer within one year before the filing of a successful petition for liquidation under this chapter, the effect of which transfer may be to enable the creditor to obtain a greater percentage of this debt than another creditor of the same class would receive. If a liquidation order is entered while the insurer is already subject to a rehabilitation order, then such transfers shall be deemed preferences if made or suffered within one year before the filing of the successful petition for rehabilitation or within two years before the filing of the successful petition for liquidation, whichever time is shorter. (2) Any preference may be avoided by the liquidator if: (A) The insurer was insolvent at the time of the transfer; (B) The transfer was made within four months before the filing of the petition; (C) The creditor receiving it or to be benefited thereby or his agent acting with reference thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or (D) The creditor receiving it was an officer, any employee, attorney, or other person who was in fact in a position of comparable influence on the insurer to an officer whether or not he held such position or any shareholder holding directly or indirectly more than 5 percent of any class of any equity security issued by the

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insurer or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm's length. (3) Where the preference is voidable, the liquidator may recover the property or, if it has been converted, its value from any person who has received or converted the property, except where a bona fide purchaser or lienor has given less than fair equivalent value he shall have a lien upon the property to the extent of the consideration actually given by him. Where a preference by way of lien or security title is voidable, the court may on due notice order the lien or title to be preserved for the benefit of the estate in which event the lien or title shall pass to the liquidator. (b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee. (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee. (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created. (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition. (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained liens or persons who might have become bona fide purchasers. (c) (1) A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of such proceedings upon the entry or docketing of a judgment or decree or upon attachment, garnishment,

Page 1481

execution, or like process whether before, upon, or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time. (2) A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of subsection (b) of this Code section if such consequences would follow only from the lien or purchase itself or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of subsection (b) of this Code section through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third party or which require any further judicial action or ruling. (d) A transfer of property for or on account of a new and contemporaneous consideration which is deemed under subsection (b) of this Code section to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer for or on account of an antecedent debt if any acts required by the applicable law to be performed in order to perfect the transfer as against liens or bona fide purchasers' rights are performed within 21 days or any period expressly allowed by the law, whichever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan shall have the same effect as a transfer for or on account of a new and contemporaneous consideration. (e) If any lien deemed voidable under paragraph (2) of subsection (a) of this Code section has been dissolved by the furnishing of a bond or other obligation, the surety on which has been indemnified directly or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer or lien shall also be deemed voidable.

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(f) The property affected by any lien deemed voidable under subsections (a) and (e) of this Code section shall be discharged from such lien, and that property and any of the indemnifying property transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on due notice order any such lien to be preserved for the benefit of the estate and the court may direct that such conveyance be executed as may be proper or adequate to evidence the title of the liquidator. (g) The superior court shall have summary jurisdiction of any proceeding by the liquidator to hear and determine the rights of any parties under this Code section. Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including the obligee of a releasing bond or other like obligation. Where an order is entered for the recovery of indemnifying property in kind or for the avoidance of an indemnifying lien, the court, upon application of any party in interest, shall in the same proceeding ascertain the value of the property or lien, and if the value is less than the amount for which the property is indemnity or than the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon payment of its value, as ascertained by the court, to the liquidator within such reasonable times as the court shall fix. (h) The liability of the surety under a releasing bond or other like obligation shall be discharged to the extent of the value of the indemnifying property recovered or the indemnifying lien nullified and avoided by the liquidator or where the property is retained under subsection (g) of this Code section to the extent of the amount paid to the liquidator. (i) If a creditor has been preferred and afterward in good faith gives the insurer further credit without security of any kind for property which becomes a part of the insurer's estate, the amount of the new credit remaining unpaid at the time of the petition may be setoff against the preference which would otherwise be recoverable from him. (j) If an insurer shall, directly or indirectly, within four months before the filing of a successful petition for liquidation under this chapter, or at any time in contemplation of a

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proceeding to liquidate it, pay money or transfer property to an attorney for services rendered or to be rendered, the transactions may be examined by the court on its own motion or shall be examined by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the liquidator for the benefits of the estate, provided that where the attorney is in a position of influence in the insurer or an affiliate thereof, payment of any money or the transfer of any property to the attorney for services rendered or to be rendered shall be governed by the provision of subparagraph (a)(2)(D) of this Code section. (k) (1) Every officer, manager, employee, shareholder, member, subscriber, attorney or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. It is permissible to infer that there is a reasonable cause to so believe if the transfer was made within four months before the date of filing of this successful petition for liquidation. (2) Every person receiving any property from the insurer or the benefit thereof as a preference voidable under subsection (a) of this Code section shall be personally liable therefor and shall be bound to account to the liquidator. (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any person. 33-37-28. (a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be allowed unless he surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.

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(b) A claim allowable under subsection (a) of this Code section by reason of the avoidance, whether voluntary or involuntary, a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused last filing under Code Section 33-37-34 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this Code section. 33-37-29. (a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be setoff and the balance only shall be allowed or paid, except as provided in subsection (b) of this Code section. (b) No setoff shall be allowed in favor of any person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in Code Section 33-37-17, entitle him to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as a setoff; or (3) The obligation of the person is to pay an assessment levied against the members of a mutual insurer or against the subscribers of a reciprocal insurer or is to pay a balance upon the subscription to the capital stock of a stock insurer. 33-37-30. (a) As soon as practicable but not more than two years from the date of an order of liquidation under Code Section 33-37-17 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (1) The reasonable value of the assets of the insurer; (2) The insurer's probable total liabilities;

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(3) The probable aggregate amount of the assessment necessary to pay all claims of creditors and expenses in full, including expenses of administration and costs of collecting the assessment; and (4) A recommendation as to whether or not an assessment should be made and in what amount. (b) (1) Upon the basis of the report provided in subsection (a) of this Code section, including any supplements and amendments thereto, the superior court may levy one or more assessments against all members of the insurer who are subject to assessment; (2) Subject to any applicable legal limits on assessability, the aggregate assessment shall be for the amount that the sum of the probable liabilities, the expenses of administration, and the estimated cost of collection of the assessment, exceeds the value of existing assets, with due regard being given to assessments that cannot be collected economically. (c) After levy of assessment under subsection (b) of this Code section, the liquidator shall issue an order directing each member who has not paid the assessment pursuant to the order, to show cause why the liquidator should not pursue a judgment therefor. (d) The liquidator shall give notice of the order to show cause by publication and by first-class mail to each member liable thereunder mailed to his last known address as it appears on the insurer's records, at least 20 days before the return date of the order to show cause. (e) (1) If a member does not appear and serve duly verified objections upon the liquidator on or before the return date of the order to show cause under subsection (c) of this Code section, the court shall make an order adjudging the member liable for the amount of the assessment against him pursuant to subsection (c) of this Code section, together with costs, and the liquidator shall have a judgment against the member therefor.

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(2) If on or before such return date the member appears and serves duly verified objections upon the liquidator, the Commissioner may hear and determine the matter or may appoint a referee to hear it and make such order as the facts warrant. In the event that the Commissioner determines that such objections do not warrant relief from assessment, the member may request the court to review the matter and vacate the order to show cause. (f) The liquidator may enforce any order or collect any judgment under subsection (e) of this Code section by any lawful means. 33-37-31. The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings regardless of any provision in the reinsurance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer's obligation to the insurer's estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation. 33-37-32. (a) (1) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured. (2) An insured shall be obligated-to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer. (b) Upon satisfactory evidence of a violation of this Code section, the Commissioner may pursue either one or both of the following courses of action:

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(1) Suspend, revoke, or refuse to renew the licenses of such offending party or parties; or (2) Impose a penalty of not more than $5,000.00 for each and every act in violation of this Code section by said party or parties. (c) Before the Commissioner shall take any action as provided in subsection (b) of this Code section, written notice shall be provided to the person, company, association, or exchange accused of violating the law, stating specifically the nature of the alleged violation and fixing a time and place, at least ten days thereafter, when a hearing on the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing, the Commissioner, if he shall find such violation, shall impose such of the penalties under subsection (b) of this Code section as he deems advisable. (d) When the Commissioner shall take action in any or all of the ways set out in subsection (b) of this Code section, the party aggrieved may appeal from said action to the superior court. 33-37-33. (a) Within 120 days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshalled assets, from time to time as such assets become available, to a guaranty association or foreign guaranty association having obligations because of such insolvency. If the liquidator determines that there are insufficient assets to disburse, the application required by this Code section shall be considered satisfied by a filing by the liquidator stating the reasons for this determination. (b) Such proposal shall at least include provisions for: (1) Reserving amounts for the payment of expenses of administration and the payment of claims of secured creditors, to the extent of the value of the security held, and claims falling within the priorities established in Classes 1 and 2 as provided in Code Section 33-37-41;

Page 1488

(2) Disbursement of the assets marshalled to date and subsequent disbursement of assets as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and foreign guaranty associations entitled thereto; (4) The securing by the liquidator from each of the associations entitled to disbursements pursuant to this Code section of an agreement to return to the liquidator such assets, together with income earned on assets previously disbursed, as may be required to pay claims of secured creditors and claims falling within the priorities established in Code Section 33-37-41 in accordance with such priorities. No bond shall be required of any such association; and (5) A full report to be made by each association to the liquidator accounting for all assets so disbursed to the association, all disbursements made therefrom, any interest earned by the association on such assets, and any other matter as the court may direct. (c) The liquidator's proposal shall provide for disbursements to the associations in amounts estimated at least equal to the claim payments under or to be made thereby for which such associations could assert a claim against the liquidator and shall further provide that if the assets available for disbursement from time to time do not equal or exceed the amount of such claim payments made or to be made by the association then disbursements shall be in the amount of available assets. (d) The liquidator's proposal shall, with respect to an insolvent insurer writing life or accident and sickness insurance or annuities, provide for disbursements of assets to any guaranty association or any foreign guaranty association covering life or accident and sickness insurance or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing policies or contracts of insurance under the acts creating such associations. (e) Notice of such application shall be given to the association in and to the commissioners of insurance of each of the

Page 1489

states. Any such notice shall be deemed to have been given when deposited in the United States certified mails, first-class postage prepaid, at least 30 days prior to submission of such application to the court. Action on the application may be taken by the court provided the above-required notice has been given and, provided further that the liquidator's proposal complies with paragraphs (1) and (2) of subsection (b) of this Code section. 33-37-34. (a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires. (b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation, under the following circumstances: (1) The existence of the claim was not known to the claimant and that he filed his claim as promptly thereafter as reasonably possible after learning of it; (2) A transfer to a creditor was avoided under Code Sections 33-37-25 through 33-37-27 or was voluntarily surrendered under Code Section 33-37-28, and that the filing satisfies the conditions of Code Section 33-37-28; and (3) The valuation under Code Section 33-37-40, of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation. (c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where such payments were made and expenses incurred as provided by law.

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(d) The liquidator may consider any claim filed late which is not covered by subsection (b) of this Code section and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full. 33-37-35. (a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; (3) The payments made on the debt, if any; (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim; (5) Any right of priority of payment or other specific right asserted by the claimants; (6) A copy of the written instrument which is the foundation of the claim; and (7) The name and address of the claimant and the attorney who represents him, if any. (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this Code section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included. (c) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) of this Code section and may take

Page 1491

testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence. (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within four months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the liquidator. 33-37-36. (a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency. (b) A claim may be allowed, even if contingent, if it is filed in accordance with Code Section 33-37-34. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under Code Section 33-37-12 or 33-37-17. 33-37-37. (a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator.

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(b) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within 60 days after mailing of the notice required by Code Section 33-37-21, whichever is later, he is an unexcused late filer. (c) The liquidator shall make his recommendations to the court under Code Section 33-37-41 for the allowance of an insured's claim under subsection (b) of this Code section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he shall reconsider the claim on the basis of additional information and amend his recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property based on the lesser of the amount actually recovered from the insured by action or paid by agreement plus the reasonable costs and expense of defense or the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator. (d) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this Code section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c) of this Code section. If any insured's claim is subsequently reduced under subsection (c) of this Code section, the amount

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thus freed shall be apportioned ratably among the claims which have been reduced under this subsection. (e) No claim may be presented under this Code section if it is or may be covered by any guaranty association or foreign guaranty association. 33-37-38. (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the liquidator. If no such filing is made, the claimant may not further object to the determination. (b) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or his attorney and to any other persons directly affected, not less than ten nor more than 30 days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with his recommendation. 33-37-39. Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution; however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term `other person,' as used in this Code section, is not intended to apply to a guaranty association or foreign guaranty association.

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33-37-40. (a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or (2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator. (b) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be allowed as if unsecured. 33-37-41. The priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) Class 1. The costs and expenses of administration during rehabilitation and liquidation, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses;

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(E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) Class 2. Reasonable compensation to employees for services performed to the extent that they do not exceed two months of monetary compensation and represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (3) Class 3. All claims under policies, including such claims of the federal or any state or local government for losses incurred, including third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values shall be treated as loss claims. that portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his employee shall be treated as a gratuity; (4) Class 4. Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as such; (5) Class 5. Claims of the federal or any state or local government except those under Class 3. Claims, including

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those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (8) of this Code section; (6) Class 6. Claims filed late or any other claims other than claims under paragraphs (7) and (8) of this Code section; (7) Class 7. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and (8) Class 8. The claims of shareholders or other owners in their capacity as shareholders. 33-37-42. (a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under Code Section 33-37-38. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (b) The court may approve, disapprove, or modify the report on claims by the liquidator. Such reports as are not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims subject thereafter to later modification or to rulings

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made by the court pursuant to Code Section 33-37-38. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits. 33-37-43. Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court. 33-37-44. (a) All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found shall be maintained by the Commissioner and shall be paid without interest except in accordance with Code Section 33-37-41 to the person entitled thereto or his legal representative upon proof satisfactory to the Commissioner of his right thereto. Any amount on deposit not claimed within six years from the discharge of the liquidator shall be deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited in the general fund of the state. (b) All funds withheld under Code Section 33-37-36 and not distributed shall upon discharge of the liquidator be maintained by the Commissioner and paid by him in accordance with Code Section 33-37-41. Any sums remaining which under Code Section 33-37-41 would revert to the undistributed assets of the insurer shall be transferred to the general fund of the state under subsection (a) of this Code section, unless the Commissioner in his discretion petitions the court to reopen the liquidation under Code Section 33-37-46. 33-37-45. (a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining

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funds that are uneconomic to distribute as may be deemed appropriate. (b) Any other person may apply to the court at any time for an order under subsection (a) of this Code section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee. 33-37-46. After the liquidation proceeding has been terminated and the liquidator discharged, the Commissioner or other interested party may at any time petition the superior court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order. 33-37-47. Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed. 33-37-48. The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership. ARTICLE 4 33-37-49. (a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11;

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(2) That any of its property has been sequestered by official action in its domiciliary state or in any other state; (3) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; or (4) (A) That its certificate of authority to do business in this state has been revoked or that none was ever issued; and (B) That there are residents of this state with outstanding claims or outstanding policies. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of superior court of the county in which the principal business of the company is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) The conservator may at any time petition for and the court may grant an order under Code Section 33-37-50 to liquidate assets of a foreign or alien insurer under conservation or, if appropriate, for an order under Code Section 33-37-52 to be appointed ancillary receiver. (e) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party but, if such motion is denied, all costs shall be assessed against such party. 33-37-50. (a) If no domiciliary receiver has been appointed, the Commissioner may apply to the superior court

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by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or (2) Any of the grounds specified paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49. (b) When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances. (c) If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted. (d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancillary receiver under Code Section 33-37-52. (e) On the same grounds as are specified in subsection (a) of this Code section, the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state.

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(f) The court may order the commissioner, when he has liquidated the assets of a foreign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this Code section. 33-37-51. (a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section 33-37-52. (b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and right of action and all of the books, accounts, and other records of the insurer located in this state at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liquidation order under Code Section 33-37-49 or 33-37-50 or for an ancillary receivership under Code Section 33-37-52 or after approval by the superior court may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require. (c) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.

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33-37-52. (a) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the superior court requesting appointment as ancillary receiver in this state: (1) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in this state so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the appropriate clerk of the superior court in this state imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk. (c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this state may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this state. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state and shall pay the necessary expenses of the proceedings. He shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this Code section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this state. (d) When a domiciliary liquidator has been appointed in this state, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties and powers to those provided in subsection (c) of this Code section for ancillary receivers appointed in this state. 33-37-53. The Commissioner in his sole discretion may institute proceedings under Code Sections 33-37-9 and 33-37-10

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at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state. 33-37-54. (a) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section 33-37-55 with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section 33-37-41. 33-37-55. (a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his recommendation to the court as under Code Section 33-37-42. He shall also arrange a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in

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the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. (c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state. 33-37-56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets. 33-37-57. (a) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located. (b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. (c) The owner of a secure claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor,

Page 1505

or the claim may be discharged by resort to the security in accordance with Code Section 33-37-40, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. 33-37-58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under paragraph (7) of Code Section 33-37-41. Section 8. Said title is further amended by adding immediately following Chapter 46, relating to the certification of private review agents, three new chapters, to be designated Chapters 47, 48, and 49, to read as follows: CHAPTER 47 33-47-1. This chapter shall be known and may be cited as the `Managing General Agents Act.' 33-47-2. As used in this chapter, the term: (1) `Actuary' means a person who is a member in good standing of the American Academy of Actuaries. (2) `Insurer' means any person, firm, association, or corporation duly licensed and authorized in this state to transact insurance. (3) (A) `Managing general agent' means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together

Page 1506

with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or (ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the following persons shall not be considered as managing general agents for the purposes of this chapter: (i) An employee of the insurer; (ii) A United States manager of the United States branch of an alien insurer; (iii) An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) `Producer' means an agent as defined in Chapter 23 of this title. (5) `Underwrite' means the authority to accept or reject risk on behalf of the insurer. 33-47-3. (a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state. (b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an

Page 1507

insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of this chapter. (c) The Commissioner may require the managing general agent to maintain a surety bond in an amount acceptable to him for the protection of the insurer. The Commissioner may require the managing general agent to maintain an errors and omissions policy. 33-47-4. No person, firm, association, or corporation acting in the capacity of a managing general agent shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies the division of such responsibilities, and which contains the following minimum provisions: (1) The insurer may terminate the contract for cause upon written notice to the managing general agent. The insurer may suspend the underwriting authority of the managing general agent during the pendency of any dispute regarding the cause for termination; (2) The managing general agent will render accounts to the insurer detailing all transactions and remit all funds due under the contract to the insurer on not less than a monthly basis; (3) All funds collected for the account of an insurer will be held by the managing general agent in a fiduciary capacity in a bank which is a member of the Federal Reserve System. This account shall be used for all payments on behalf of the insurer. The managing general agent may retain no more than three months' estimated claims payments and allocated loss adjustment expenses; (4) Separate records of business written by the managing general agent will be maintained. The insurer shall have access to and right to copy all accounts and records related to its business in a form usable by the insurer and the Commissioner shall have access to all books, bank accounts, and records of the managing general agent in a

Page 1508

form usable to the Commissioner. Such records shall be retained according to rules and regulations promulgated by the Commissioner; (5) The contract may not be assigned in whole or part by the managing general agent; (6) Appropriate underwriting guidelines including: (A) The maximum annual premium volume; (B) The basis of the rates to be charged; (C) The types of risks which may be written; (D) Maximum limits of liability; (E) Applicable exclusions; (F) Territorial limitations; (G) Policy cancellation provisions; and (H) The maximum policy period; The insurer shall have the right to cancel or nonrenew any policy of insurance subject to the provisions of Chapter 24 of this title which relate to cancellation and nonrenewal of policies. (7) If the contract permits the managing general agent to settle claims on behalf of the insurer: (A) All claims must be reported to the company in a timely manner; (B) A copy of the claim file will be sent to the insurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed an amount determined by the Commissioner or exceeds the limit set by the company, whichever is less;

Page 1509

(ii) Involves a coverage dispute; (iii) May exceed the managing general agent's claims settlement authority; (iv) Is open for more than six months; or (v) Is closed by payment of an amount set by the Commissioner or an amount set by the company, whichever is less; (C) All claim files will be the joint property of the insurer and the managing general agent. However, upon an order of liquidation of the insurer such files shall become the sole property of the insurer or its estate; the managing general agent shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the managing general agent may be terminated for cause upon the insurer's written notice to the managing general agent or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination; (8) Where electronic claims files are in existence, the contract must address the timely transmission of the data; (9) If the contract provides for a sharing of interim profits by the managing general agent, and the managing general agent has the authority to determine the amount of the interim profits by establishing loss reserves or controlling claim payments, or in any other manner, interim profits will not be paid to the managing general agent until one year after they are earned for property insurance business and five years after they are earned on casualty business and not until the profits have been verified pursuant to Code Section 33-47-5; and (10) The managing general agent shall not:

Page 1510

(A) Bind reinsurance or retrocessions on behalf of the insurer, except that the managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines including, for both reinsurance assumed and ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules; (B) Commit the insurer to participate in insurance or reinsurance syndicates; (C) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of insurance for which he is appointed; (D) Without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which shall not exceed 1 percent of the insurer's policyholder's surplus as of December 31 of the last completed calendar year; (E) Collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer, without prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer; (F) Permit its subproducer to serve on the insurer's board of directors; (G) Jointly employ an individual who is employed with the insurer; or (H) Appoint a substitute managing general agent. 33-47-5. (a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each managing general agent with which it has done business.

Page 1511

(b) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification. (c) The insurer shall periodically and at least semiannually conduct an on-site review of the underwriting and claims processing operations of the managing general agent. (d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent. (e) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the Commissioner. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the Commissioner may request. (f) An insurer shall review its books and records each quarter to determine if any producer has become, by operation of paragraph (2) of Code Section 33-47-2, a managing general agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the Commissioner of such determination and the insurer and producer must fully comply with the provisions of this chapter within 30 days of such determination. (g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agents. This subsection shall not apply to relationships governed by Chapter 13 of this title or, if applicable, Chapter 48 of this title. 33-47-6. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting.

Page 1512

A managing general agent may be examined as if it were the insurer. 33-47-7. (a) If the Commissioner finds, after a hearing conducted in accordance with Chapter 2 of this title, that any person has violated any provision of this chapter, the Commissioner may order: (1) For each separate violation, a penalty in an amount not to exceed $10,000.00; (2) Revocation or suspension of the producer's license; and (3) The managing general agent to reimburse the insurer or the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the managing general agent. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review as provided in Chapter 2 of this title. (c) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. CHAPTER 48 33-48-1. This chapter shall be known and may be cited as the `Business Transacted with Producer Controlled Property and Casualty Insurer Act.' 33-48-2. As used in this chapter, the term: (1) `Control' or `controlled' 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

Page 1513

other than a contract for goods or nonmanagement services, or otherwise. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the powers to vote, or holds proxies representing a majority of the outstanding voting securities of any other person. No person shall be deemed to control another person solely by reason of being an officer or director of such other person. (2) `Independent casualty actuary' means a casualty actuary who is a member of the American Academy of Actuaries and who is not affiliated with; an employee, principal, or direct or indirect owner of; or in any way controlled by the insurer or producer. (3) `Licensed property and casualty insurer' or `insurer' means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state and which issues policies covered by Chapter 36 of this title. The following, inter alia, are not licensed property and casualty insurers for the purposes of this chapter: (A) All nonadmitted insurers; (B) All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, P. L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C. Section 3901 et seq. (1982 Supp. 1986) and Chapter 40 of this title; (C) All residual market pools and joint underwriting authorities or associations; and (D) All captive insurers as defined in Chapter 41 of this title. (4) `Producer' means an insurance agent or broker or agents or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than himself or itself.

Page 1514

(5) `Reinsurance intermediary' means any person, firm, association, or corporation who acts as a producer in soliciting, negotiating, or procuring the making of any reinsurance contract or binder on behalf of a ceding insurer or acts as a producer in accepting any reinsurance contract or binder on behalf of an assuming insurer. (6) `Violation' means, for purposes of this chapter, a finding by the Commissioner that: (A) The controlling producer did not materially comply with Code Section 33-48-3; (B) The controlled insurer, with respect to business placed by the controlling producer, engaged in a pattern of charging premiums that were lower than those being charged by such insurer or other insurers for similar risks written during the same period and placed by noncontrolling producers. When determining whether premiums were lower than those prevailing in the market, the Commissioner shall take into consideration applicable industry or actuarial standards at the time the business was written; (C) The controlling producer failed to maintain records, sufficient: (i) To demonstrate that such producer's dealings with its controlled insurer were fair and equitable and in compliance with Chapter 13 of this title; (ii) To accurately disclose the nature and details of its transactions with the controlled insurer, including such information as is necessary to support the charges or fees to the respective parties; (D) The controlled insurer, with respect to business placed by the controlling producer, either failed to establish or deviated from its underwriting producers;

Page 1515

(E) The controlled insurer's capitalization at the time the business was placed by the controlling producer and with respect to such business was not in compliance with criteria established by the Commissioner or this title; or (F) The controlling producer or the controlled insurer failed to comply substantially with Chapter 13 of this title and any rules and regulations promulgated by the Commissioner pursuant to such chapter. 33-48-3. (a) No producer which has control of a licensed property and casualty insurer may directly or indirectly place business with such insurer in any transaction in which such producer, at the time the business is placed, is acting as such on behalf of the insured for any compensation, commission, or other thing of value, unless: (1) There is a written contract between the controlling producer and the insurer, which contract has been approved by the board of directors of the insurer; (2) Such producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between such producer and the controlled insurer. Such disclosure, signed by the insured, shall be retained in the underwriting file until the filing of the report on examination covering the period in which the coverage is in effect. Except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured; (3) All funds collected for the account of the insurer by the controlling producer must be paid, net of commissions, cancellations, and other adjustments, to the insurer no less often than quarterly; (4) In addition to any other required loss reserve certification, the controlled insurer shall annually, on April 1

Page 1516

of each year, file with the Commissioner an opinion of an independent casualty actuary or other independent loss reserve specialist acceptable to the Commissioner reporting loss ratios for each line of business written and attesting to the adequacy of loss reserves established for losses incurred, including losses incurred but not reported, and outstanding as of the end of the current year on business placed by such producer; (5) The controlled insurer shall annually report to the Commissioner the amount of commissions paid to such producer, the percentage such amount represents of the net premiums written, and comparable amounts and percentages paid to noncontrolling producers for placements of the same kinds of insurance; and (6) Every controlled insurer shall have an audit committee of the board of directors composed of independent directors. Prior to approval of the annual financial statement, the audit committee shall meet with management, the insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve specialist acceptable to the Commissioner to review the adequacy of the insurer's loss reserves. (b) No reinsurance intermediary which has control of an assuming insurer may directly or indirectly place business with such insurer in any transaction in which such reinsurance intermediary is acting as a broker on behalf of the ceding insurer. No reinsurance intermediary which has control of a ceding insurer may directly or indirectly accept business from such insurer in any transaction in which such reinsurance intermediary is acting as a producer on behalf of the assuming insurer. The prohibitions in this subsection shall not apply to a reinsurance intermediary which makes a full and complete written disclosure to the parties of its relationship with the assuming or ceding insurer prior to completion of the transaction. 33-48-4. (a) (1) If the Commissioner has reason to believe that a controlling producer has committed or is committing an act which could be determined to be a violation, as defined in subsection (f) of Code Section 33-48-2, he

Page 1517

shall serve upon the controlling producer a statement of the charges and notice of a hearing to be conducted in accordance with Chapter 2 of this title at a time not less than 30 days after the service of the notice and at a place fixed in the notice. (2) At such hearing, the Commissioner must establish that the controlling producer engaged in a violation, as defined in subsection (f) of Code Section 33-48-2. The controlling producer shall have an opportunity to be heard and to present evidence rebutting the charges and to establish that the insolvency of the controlled insurer arose out of events not attributable to the violation. The decision, determination, or order of the Commissioner shall be subject to judicial review pursuant to Chapter 2 of this title. (3) Upon the finding, pursuant to the proceeding set forth above that the controlling producer committed a violation, as defined in subsection (f) of Code Section 33-48-2, and the controlling producer failed to establish that such violation did not substantially contribute to the insolvency, the controlling producer shall reimburse the Georgia Insurers Insolvency Pool or the Georgia Life and Health Insurance Guaranty Association for all payments made for losses, loss adjustment, and administrative expenses on the business placed by such producer in excess of gross earned premiums and investment income earned on premiums and loss reserves for such business. (4) Nothing contained in this Code section shall affect the right of the Commissioner to impose any other penalties provided for in this title. (b) Nothing contained in this chapter is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties. CHAPTER 49 33-49-1. This chapter shall be known and may be cited as the `Reinsurance Intermediary Act.' 33-49-2. As used in this chapter, the term:

Page 1518

(1) `Actuary' means a person who is a member in good standing of the American Academy of Actuaries. (2) `Controlling person' means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed the management, control, or activities of the reinsurance intermediary. (3) `Insurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance law as an insurer. (4) `Licensed producer' means an agent, broker, or reinsurance intermediary licensed pursuant to the applicable provision of this title. (5) `Qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (6) `Reinsurance intermediary' means a reinsurance intermediary broker or a reinsurance intermediary manager as these terms are defined in paragraphs (7) and (8) of this Code section. (7) `Reinsurance intermediary broker' or `broker' means any person, other than an officer or employee of the ceding insurer, firm, association, or corporation who solicits,

Page 1519

negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer. (8) `Reinsurance intermediary manager' or `manager' means any person, firm, association, or corporation who has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such reinsurer whether known as a reinsurance intermediary manager, manager, or other similar term. Notwithstanding the above, for the purposes of this chapter the following persons shall not be considered as reinsurance intermediary managers with respect to such reinsurer: (A) An employee of the reinsurer; (B) A United States manager of the United States branch of an alien reinsurer; (C) An underwriting manager which, pursuant to contract, manages all the reinsurance operations of the reinsurer, is under common control with the reinsurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written; or (D) The manager of a group, association, pool, or organization of insurers which engages in joint underwriting or joint reinsurance and who is subject to examination by the commissioner of insurance of the state in which the manager's principal business office is located. (9) `Reinsurer' means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of this title as an insurer with the authority to assume reinsurance. (10) `To be in violation' means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter.

Page 1520

33-49-3. (a) No person, firm, association, or corporation shall act as a broker in this state if the broker maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation: (1) In this state, unless such broker is a licensed producer in this state; or (2) In another state, unless such broker is a licensed producer in this state or another state having a law substantially similar to this law or unless such broker is licensed in this state as a nonresident reinsurance intermediary. (b) No person, firm, association, or corporation shall act as a manager: (1) For a reinsurer domiciled in this state, unless such manager is a licensed producer in this state; (2) In this state, if the manager maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation in this state, unless such manager is a licensed producer in this state; (3) In another state for a nondomestic insurer, unless such manager is a licensed producer in this state or another state having a law substantially similar to this law or such person is licensed in this state as a nonresident reinsurance intermediary. (c) The Commissioner may require a manager subject to subsection (b) of this Code section to: (1) File a bond in an amount from an insurer acceptable to the Commissioner for the protection of the reinsurer; and (2) Maintain an errors and omissions policy in an amount acceptable to the Commissioner.

Page 1521

(d) (1) The Commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this chapter. Any such license issued to a firm or association will authorize all the members of such firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such authorized persons shall be named in the application and any supplements thereto. Any such license issued to a corporation shall authorize all of the officers, and any designated employees and directors thereof, to act as reinsurance intermediaries on behalf of such corporation, and all such authorized persons shall be named in the application and any supplements thereto. (2) If the applicant for a reinsurance intermediary license is a nonresident, such applicant, as a condition precedent to receiving or holding a license, shall designate the Commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and also shall furnish the Commissioner with the name and address of a resident of this state upon whom notices or orders of the Commissioner or process affecting such nonresident reinsurance intermediary may be served. Such licensee shall promptly notify the Commissioner in writing of every change in its designated agent for service of process, and such change shall not become effective until acknowledged by the Commissioner. (e) The Commissioner may refuse to issue a reinsurance intermediary license if in his judgment the applicant; any person named on the application; any member, principal, officer, or director of the applicant; or any controlling person of such applicant is not trustworthy to act as a reinsurance intermediary or that any of the foregoing has given cause for revocation or suspension of such license or has failed to comply with any prerequisite for the issuance of such license. Upon written request therefor, the Commissioner will furnish a summary of the basis for refusal to issue a license, which document shall be privileged and not subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records.

Page 1522

(f) Licensed attorneys at law of this state when acting in their professional capacity as such shall be exempt from this Code section. 33-49-4. Transactions between a broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization specifying the responsibilities of each party. The authorization shall, at a minimum, provide that: (1) The insurer may terminate the broker's authority at any time; (2) The broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the broker, and remit all funds due to the insurer within 30 days of receipt; (3) All funds collected for the insurer's account will be held by the broker in a fiduciary capacity in a bank which is a qualified United States financial institution; (4) The broker will comply with Code Section 33-49-5; (5) The broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. 33-49-5. (a) For at least ten years after expiration of each contract of reinsurance transacted by the broker, the broker will keep a complete record for each transaction showing: (1) The type of contract, limits, underwriting restrictions, classes or risks, and territory;

Page 1523

(2) The period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation; (3) Reporting and settlement requirements of balances; (4) The rate used to compute the reinsurance premium; (5) The names and addresses of assuming reinsurers; (6) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the broker; (7) Related correspondence and memoranda; (8) Proof of placement; (9) Details regarding retrocessions handled by the broker including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (10) Financial records, including, but not limited to, premium and loss accounts; and (11) When the broker procures a reinsurance contract on behalf of a licensed ceding insurer; (A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (B) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative. (b) The insurer will have access and the right to copy and audit all accounts and records maintained by the broker related to its business in a form usable by the insurer.

Page 1524

33-49-6. (a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a broker on its behalf unless such person is licensed as required by subsection (a) of Code Section 33-49-3. (b) An insurer may not employ an individual who is employed by a broker with which it transacts business unless such broker is under common control with the insurer and subject to Chapter 13 of this title. (c) The insurer shall annually obtain a copy of statements of the financial condition of each broker with which it transacts business. 33-49-7. Transactions between a manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. At least 30 days before such reinsurer assumes or cedes business through such producer, a true copy of the approved contract shall be filed with the Commissioner for approval. The contract shall, at a minimum, provide that: (1) The reinsurer may terminate the contract for cause upon written notice to the manager. The reinsurer may immediately suspend the authority of the manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; (3) All funds collected for the reinsurer's account will be held by the manager in a fiduciary capacity in a bank which is a qualified United States financial institution as defined in paragraph (5) of Code Section 33-49-2. The manager may retain no more than three months' estimated claims payments and allocated loss adjustment expenses.

Page 1525

The manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten years after expiration of each contract of reinsurance transacted by the manager, the manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks; (C) Reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the manager, as permitted by subsection (d) of Code Section 33-49-9, including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the manager places a reinsurance contract on behalf of a ceding insurer:

Page 1526

(i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that such reinsurer has delegated binding authority to the representative; (5) The reinsurer will have access and the right to copy all accounts and records maintained by the manager related to its business in a form usable by the reinsurer; (6) The contract cannot be assigned in whole or in part by the manager; (7) The manager will comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks; (8) The rates, terms, and purposes of commissions, charges, and other fees which the manager may levy against the reinsurer are set forth; (9) If the contract permits the manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the Commissioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the manager's claims settlement authority;

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(iv) Is open for more than six months; or (v) Is closed by payment of the lesser of an amount set by the Commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and manager. However, upon an order of liquidation of the reinsurer such files shall become the sole property of the reinsurer or its estate; the manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the manager may be terminated for cause upon the reinsurer's written notice to the manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the manager, that such interim profits will not be paid until one year after the end of each underwriting period for property business and five years after the end of each underwriting period for casualty business or a later period set by the Commissioner for specified lines of insurance and not until the adequacy of reserves on remaining claims has been verified pursuant to subsection (c) of Code Section 33-49-9; (11) The manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically and at least semi-annually conduct an on-site review of the underwriting and claims processing operations of the manager; (13) The manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with such insurer pursuant to this contract; and

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(14) Within the scope of its actual or apparent authority the acts of the manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting. 33-49-8. The manager shall not: (1) Cede retrocessions on behalf of the reinsurer, except that the manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules; (2) Commit the reinsurer to participate in reinsurance syndicates; (3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed; (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1 percent of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year; (5) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer; (6) Jointly employ an individual who is employed by the reinsurer unless such manager is under common control with the reinsurer subject to Chapter 13 of this title; or (7) Appoint a submanager. 33-49-9. (a) A reinsurer shall not engage the services of any person, firm, association, or corporation to act as a manager

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on its behalf unless such person is licensed as required by subsection (b) of Code Section 33-49-3. (b) The reinsurer shall annually obtain a copy of statements of the financial condition of each manager which such reinsurer has engaged prepared by an independent certified accountant in a form acceptable to the Commissioner. (c) If a manager establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the manager. This opinion shall be in addition to any other required loss reserve certification. (d) Binding authority for all retrocessional contracts or participation in reinsurance syndicates shall rest with an officer of the reinsurer who shall not be affiliated with the manager. (e) Within 30 days of termination of a contract with a manager, the reinsurer shall provide written notification of such termination to the Commissioner. (f) A reinsurer shall not appoint to its board of directors, any officer, director, employee, controlling shareholder, or subproducer of its manager. This subsection shall not apply to relationships governed by Chapter 13 or Chapter 48 of this title. 33-49-10. (a) A reinsurance intermediary shall be subject to examination by the Commissioner. The Commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the Commissioner. (b) A manager may be examined as if it were the reinsurer. 33-49-11. (a) A reinsurance intermediary, insurer, or reinsurer found by the Commissioner, after a hearing conducted in accordance with Chapter 2 of this title, to be in violation of any provision of this chapter, shall:

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(1) For each separate violation, pay a penalty in an amount not exceeding $10,000.00; (2) Be subject to revocation or suspension of its license; and (3) If a violation was committed by the reinsurance intermediary, such reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to such violation. (b) The decision, determination, or order of the Commissioner pursuant to subsection (a) of this Code section shall be subject to judicial review pursuant to Chapter 2 of this title. (c) Nothing contained in this section shall affect the right of the Commissioner to impose any other penalties provided in this title. (d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights to such persons. Section 9. (a) This Act shall become effective on July 1, 1991. (b) Section 2 of this Act shall apply to all reinsurance cessions after July 1, 1991, which have had an inception, anniversary, or renewal date not less than six months after July 1, 1991. (c) Sections 3 and 4 of this Act shall apply to transactions between affiliates or subsidiaries taking place on or after July 1, 1991.

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(d) Section 6 of this Act shall become effective on July 1, 1991; provided, however, that persons required to be licensed under Section 6 shall have until January 1, 1992, to procure such license. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1991. QUALITY BASIC EDUCATION ACT HIGH SCHOOL GENERAL EDUCATION PROGRAM; BASE PROGRAM TO BE COMPARED AGAINST; LOCAL FAIR SHARE FUNDS; MEDIA CENTERS; CAPITAL OUTLAY FUNDS. Code Title 20, Chapter 2, Article 6 Amended. Code Section 20-2-850 Amended. No. 523 (Senate Bill No. 217). 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 provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to modify the program weights assigned to instructional programs under the Quality Basic Education Formula; to change certain provisions relative to the calculation of the local fair share funds that may be required of any local school system; to provide for compliance by local school systems with the 90 percent minimum expenditure control relative to the salary and operational costs of direct instruction and the salary and materials' costs of media centers; to change certain minimum expenditure requirements for the middle grades program; to change certain cross-references; to provide for limitations on receiving certain capital outlay funds by school systems where a majority of the voters voting were against incurring bonded

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indebtedness to construct a school or schools for the purpose of high school consolidation; to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to change certain cross-references; to provide for other matters relative to the foregoing; to repeal certain sections of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the Quality Basic Education Act; 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 subsection (a) of Code Section 20-2-152, relating to special education services, and inserting in its place a new subsection (a) to read as follows: (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handicapping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special

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education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. Section 2. Said article is further amended by striking subsections (a) and (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in their respective places new subsections to read as follows: (a) The high school general education program is declared to be the base program against which 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 high school general education program in Code Sections 20-2-182 through 20-2-186. 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 1.338 (2) Primary grades program (1-3) 1.257

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(3) Upper elementary grades program (4-5) 1.016 (4) Middle grades program (6-8) 1.019 (5) High school general education program (9-12) 1.000 (6) High school nonvocational laboratory program (9-12) 1.223 (7) Vocational laboratory program (9-12) 1.343 (8) Program for the handicapped: Category I 2.270 (9) Program for the handicapped: Category II 2.612 (10) Program for the handicapped: Category III 3.307 (11) Program for the handicapped: Category IV 5.319 (12) Program for intellectually gifted students: Category V 1.592 (13) Remedial education program 1.305 Section 3. Said article is further amended by striking subsection (a) of Code Section 20-2-164, relating to local fair share funds, and inserting in its place a new subsection (a) to read as follows: (a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated

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pursuant to subsection (c) of Code Section 20-2-161. The amount of each local school system's local fair share shall be calculated as follows: (1) Multiply the most recent equalized adjusted school property tax digest for the local school system by.4; (2) From the product calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and (3) Multiply the remainder calculated in paragraph (2) of this subsection by.005. Section 4. Said article is further amended by striking in their entirety paragraphs (1) and (2) of subsection (a) of Code Section 20-2-167, relating to the method of computing the total funds needed for direct instructional costs and media center costs, and inserting in lieu thereof new paragraphs (1) and (2) 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 (h) 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 purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and operational cost portions shall become effective on July 1, 1992. For each local school system

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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 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

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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 purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effective on July 1, 1992. 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 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 5. Said article is further amended by striking Code Section 20-2-182, relating to the payment of salaries and benefits reflected in program weights, and inserting in its place a new Code Section 20-2-182 to read as follows: 20-2-182. (a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education

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Program for all enrolled students, subject to appropriation by the General Assembly. (b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, 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 aides. Further, the program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program, when multiplied by the base amount, 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. (d) The program weight for the middle grades program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services. (e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students. (f) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect

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sufficient funds to pay the beginning salaries of laboratory supervisors in each program. (g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia. (h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) 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

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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 employee's 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 with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. (i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education. Section 5.1. Said article is further amended in Code Section 20-2-260, relating to capital outlay funds under said article,

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the Quality Basic Education Act, by adding at the end of said Code section a new subsection (o) to read as follows: (o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, then for a period of four school years immediately following the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subsections (i) and (j) of this Code section. The provisions of this subsection apply to bond elections held at any time after January 1, 1989. Section 6. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by striking subsections (b) and (c) of Code Section 20-2-850, relating to the accumulation of sick leave and personal leave, and inserting in their respective places new subsections to read as follows: (b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (g) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months.

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(c) (1) The sick leave and the accumulation of unused sick leave and the payments for unused sick leave provided for by this part shall be subject to subsection (g) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave and payments for unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds. (2) A local board of education may establish and set policies and procedures for a sick leave bank or pool of voluntarily contributed employee sick leave days. Participating employees shall make equal contributions to the bank or pool. Such employees may draw sick leave days from the bank or pool as provided by adopted local board of education policy. Section 7. Section 2 and subsection (b) of Section 6 of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the Quality Basic Education Act, are repealed. Section 7.1. This Act shall become effective July 1, 1991, except that Section 5.1 of this Act shall become effective upon this Act's approval by the Governor or upon this Act's becoming law without such approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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QUALITY BASIC EDUCATION ACT INSTRUMENTS, PROCEDURES, AND POLICIES TO ASSESS EFFECTIVENESS; TYPES OF ASSESSMENTS. Code Section 20-2-281 Amended. No. 524 (Senate Bill No. 328). AN ACT To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the Quality Basic Education Act, so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; 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 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the Quality Basic Education Act, is amended by striking Code Section 20-2-281, relating to methods of assessment of effectiveness, and inserting in its place a new Code Section 20-2-281 to read as follows: 20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assessments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. Writing assessments shall be administered to students in

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grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking skills. (b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP). The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at designated grade levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a

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pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement. (c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program. (d) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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EDUCATION CERTIFICATION OF SCHOOL PERSONNEL; TRANSFER OF FUNCTIONS TO THE PROFESSIONAL STANDARDS COMMISSION. Code Title 20, Chapter 2 Amended. Code Section 47-3-1 Amended. No. 525 (House Bill No. 589). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Department of Education, and State School Superintendent and to the Professional Standards Commission and executive secretary thereof certain functions relating to the certification of school personnel; to provide for programs and payment approval by the commission; to change an abbreviation; to abolish the existing Professional Standards Commission and recreate and reconstitute such commission; to provide for administrative matters and funding; to change certain terms and qualifications of members; to provide for appointments and confirmation; to provide for purposes; to provide for functions of the commission; to provide for existing certificates and classifications; to provide for commission expenses and meetings; to provide for an executive secretary and for employees; to provide for transfer of officers, employees, and agents to the commission and their status, position, rights, and retirement system membership; to provide for transfer of tangible property to the commission; to provide for succession to rules, regulations, policies, procedures, and administrative orders; to provide for rights, privileges, entitlements, and duties of parties to certain agreements and transactions; to provide for intent; to change the provisions relating to fees; to amend said Title 20 and Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions regarding the Teachers Retirement System of Georgia, so as to change certain statutory references to conform to the previously described transfers and changes; to change certain provisions relating to investigations and disciplinary recommendations of the Professional Practices Commission; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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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 Part 10 of Article 17 of Chapter 2, relating to the Professional Practices Commission, and inserting in its place a new part to read as follows: Part 10 20-2-981. This part shall be known and may be cited as the `Georgia Professional Standards Act.' 20-2-982. (a) The following constitute the major purposes of this part: (1) To simplify and make more efficient the process of certifying educational personnel in Georgia; (2) To attract the highest possible number of qualified personnel to become educators in Georgia; (3) To promote the hiring of qualified educators from other states to work in Georgia schools; and (4) To improve the level of preparation of educators, both pre-service and in-service, by requiring for purposes of certification those essential skills and that knowledge needed to deliver effective education. 20-2-983. (a) The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner

Page 1548

as the original appointments. If a member for any reason discontinues employment in the category from which he or she was appointed, that person is no longer eligible to serve on the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. (b) The membership of the commission shall consist of: (1) Nine teachers, not more than one of whom shall be from a state or regionally accredited private school, holding a valid professional certificate; including at least two classroom teachers assigned within the grades kindergarten through five, two classroom teachers assigned within the grades six through eight, and two classroom teachers assigned within grades nine through 12; (2) Two administrators actively engaged in administration and holding a valid professional certificate; (3) Two faculty members from state or regionally approved teacher education institutions; (4) Two members of local boards of education; and (5) Three representatives of business or other private sector groups with an interest in improving Georgia public schools. (c) Appointments shall be made by the Governor with consideration given to nominees submitted by professional educator organizations and other education organizations. (d) All members of the commission, except representatives of teacher education institutions, members of local boards of education, and the representatives of business or other private sector groups, shall hold valid professional Georgia teaching

Page 1549

certificates and shall have been actively engaged in teaching or providing related educational, administrative, or supervisory services in an approved school or approved institution of higher education with state or regionally approved teacher education programs for at least three years immediately preceding appointment. All members of the commission shall be residents of the State of Georgia. 20-2-984. (a) The commission shall create and implement standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, including the following: (1) Procedures for limiting the number and types of certificates to the fewest possible consistent with providing qualified teachers for Georgia's schools; (2) In-service training and related requirements needed to renew or maintain certification; (3) Multiple or alternative routes to professional teacher certification; and (4) Requirements, including appropriate examinations and assessments, for acquiring and maintaining certification pursuant to Code Section 20-2-200. (b) The commission shall recommend to the board of regents and private colleges and universities standards and procedures for preparing educational personnel to qualify for initial and renewable certification to practice in the public schools of Georgia, including the following: (1) Pre-service preparation; (2) Approval of teacher education programs, both graduate and undergraduate; (3) Approval of programs of alternative certification; and

Page 1550

(4) The creation of innovative programs designed to increase the number of minority teachers entering the profession. (c) All certificates in force in this state which were issued by the state board prior to July 1, 1991, shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations or until their terms or conditions are modified by action of the commission. All such certificates issued by the state board prior to July 1, 1991, shall be deemed to have been issued by the commission for purposes of any law or regulation relating to such certificates. (d) The commission shall not make any recommendations relating to or have authority over the compensation, benefits, or working conditions of educational personnel in the public schools of Georgia. 20-2-985. (a) The commission shall annually select from its membership a chairman and vice-chairman by ballot. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the commission. A majority of such quorum shall have authority to act upon any matter properly brought before the commission. (b) The commission shall keep minutes of its meetings and make an annual written report available for inspection. 20-2-986. Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of official commission business, but such expenses shall not exceed $59.00 per day and mileage at the same rate as state officials and employees. No member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 20 days during each calendar year, except that there shall be no limitation on the number of meeting days for one year after July 1, 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission

Page 1551

duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the member's performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred. 20-2-987. (a) The Governor shall appoint an executive secretary to the commission who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the Governor. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent. (b) 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. All employer contributions to said retirement systems and for social security for said employees shall be paid from funds appropriated for the operation of the commission. (c) The commission shall, on and after July 1, 1991, assume possession and control of all records, papers, equipment, supplies, and all other tangible property possessed and controlled by the Department of Education as of June 30, 1991, in its performance of functions or duties transferred to the commission under this part or under any other provisions of the 1991 Act which enacted this part. Further, all officers, employees, and agents of the Department of Education who, on June 30, 1991, are employed in the performance of a function or duty which shall be vested in the commission on July 1, 1991, by this part or any other provisions of the 1991 Act which enacted this part shall be automatically transferred to the commission. The status, position, and rights of persons so transferred shall not be affected by the transfer, in and of itself, and

Page 1552

such persons shall retain, inter alia, all rights of rank or grade, rights to annual leave, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. (d) The commission shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education which are in effect on June 30, 1991, and which relate to the functions transferred to the commission by this part or any other provisions of the 1991 Act which enacted this part. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (e) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1991, by the Department of Education and which pertain to the functions transferred to the commission by this part or any other provisions of the 1991 Act which enacted this part shall continue to exist and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the commission. In all such instances, the commission shall be substituted for the Department of Education and the commission shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. 20-2-988. (a) The Professional Standards Commission shall evaluate transcripts and issue certificates for all educational personnel seeking certification. (b) The commission shall follow policies consistent with general education objectives established under Georgia statutes. (c) The commission shall have the authority to hear the public, the teaching profession, and professional groups and associations on any matter of concern under the jurisdiction of the commission. (d) The commission has the authority to appoint panels of educators, including public school classroom teachers, to

Page 1553

serve as members of teams visiting institutions and school systems having teacher education programs for purposes associated with the process of approving said programs. The commission shall also have the authority to review any report of such teams and to determine whether or not programs proposed for its approval meet its adopted criteria. 20-2-989. The funds necessary for the operation of the commission shall come from funds specifically appropriated or otherwise made available to the Professional Standards Commission. 20-2-990. (a) The classifications established by the State Board of Education pursuant to Code Section 20-2-200 shall remain in effect until such time as the commission creates classifications for certificated personnel under the terms of this part. Such new classifications will clearly describe the relationship between pre-existing classifications established by the board and the new classifications established by the commission. Until such time as the new classifications are approved, the commission is empowered to approve, grant, deny, or withhold certificates under the existing classifications established by the state board. (b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians and those functions associated by the development and administration of the teacher certification test. Section 2. Said title is further amended by striking Code Section 20-2-102, relating to qualifications of school superintendents, and inserting in its place a new Code section to read as follows: 20-2-102. (a) Before any person shall be qualified or eligible to hold the office of county or independent school superintendent, the person shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that the person be a citizen of the county or independent school district if appointed by the board of education of the county or independent school system. The person shall have earned and

Page 1554

hold a five-year degree from a regionally accredited college or university. The person shall have had not less than three years of actual teaching or education administration experience and shall be of good moral character and shall never have been convicted of any crime involving moral turpitude. The person shall possess the minimum valid fifth year leadership certificate issued by the Professional Standards Commission. (b) To be eligible to qualify for election in the primary election or in the general election, a candidate for election as county school superintendent shall present to the officer before whom such candidate has qualified to seek the office of county school superintendent verification from the executive secretary of the Professional Standards Commission that the candidate meets the certification qualifications of this Code section. (c) This Code section shall not apply to any person who has served at least one term as a superintendent. (d) If the position is appointive, the person shall present to the local board of education verification from the executive secretary of the Professional Standards Commission that the person meets the certification qualifications of this Code section. Section 3. Said title is further amended by striking Code Section 20-2-108, relating to certification of school superintendents, and inserting in its place a new Code section to read as follows: 20-2-108. Each county school superintendent shall be certified and classified by the Professional Standards Commission as teachers are now classified and certified under Code Section 20-2-282. The superintendents shall receive salaries according to a schedule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent be less than $70.00 per month, such salaries to be paid monthly out of the school funds of the state; and in addition thereto, the county board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just.

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Section 4. Said title is further amended by striking Part 6 of Article 6 of Chapter 2 thereof, relating to school employment and personnel, and inserting in its place a new part to read as follows: Part 6 Subpart 1 20-2-200. (a) The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for revoking or denying a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term `certificated professional personnel' is defined as all professional personnel certificated by the commission and county or regional librarians. (b) (1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the 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 commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate

Page 1556

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 commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission 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 Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or (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

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accrediting association as determined solely by the Professional Standards Commission, 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 commission 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. (7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. (c) The Professional Standards Commission 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

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teacher 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. (d) The Professional Standards Commission 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 (3) Has obtained satisfactory results on tests and assessments pursuant to subsection (b) of this Code section otherwise required of applicants for such certification. (e) (1) The Professional Standards Commission shall charge the following fees to persons who file applications

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with the commission under its regulations adopted pursuant to the authority of this Code section: (A) For an applicant for initial certification who is not currently employed 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 but who is not currently employed in Georgia public or private schools 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools 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

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(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application. (3) The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection. (e) As used in this part, unless the context indicates otherwise, the term `commission' means the Professional Standards Commission established under Part 10 of Article 17 of this chapter. 20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed a course of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, `children who have special educational needs' is defined as such children as defined by Code Section 20-2-152. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certification and salary increases. (b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate

Page 1561

course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual. (c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff. 20-2-202. All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 when such tests or assessments are required to qualify for other provisions as set forth in this article or by Professional Standards Commission policy or regulation. 20-2-203. All renewable certificates granted by the Professional Standards Commission shall have a validity period of five years. 20-2-204. (a) As used in this Code section, the term: (1) `Aide' is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs

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routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma. (2) `Licensed personnel' is defined as paraprofessionals and aides. (3) `Paraprofessional' is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma. (4) `Permitted personnel' is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The Professional Standards Commission shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a license or permit for good cause after an investigation is conducted and notice and hearing is provided the license or permit holder. Subpart 2 20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation

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records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a statewide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability. 20-2-211. (a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board. (b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing

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his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless such employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1. (c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned. (d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education. A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states. 20-2-212. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of

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satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. 20-2-213. The State Board of Education is authorized and directed to devise career ladder programs for teachers and other certificated professional personnel which provide such personnel who demonstrate above average or outstanding competencies relative to their respective positions and exhibit

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above average or outstanding performance in executing their assigned responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level that is typically expected for their ability shall be included in the performance criteria for any of the respective personnel categories when specified by the state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder programs, along with the recommendations of the career ladder task force, to the General Assembly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall grant sufficient funds to each local unit of administration to pay the salary supplements of all personnel awarded supplements under the career ladder programs, subject to appropriation by the General Assembly. 20-2-214. The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly. 20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of `in loco parentis,' except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board of Education to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students

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or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section. 20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the Professional Standards Commission. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the commission to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education. 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

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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 5. Said title is further amended by striking Code Section 20-2-230, relating staff development programs, and inserting in its place a new Code section to read as follows: 20-2-230. (a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations. (b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the `Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops annually to provide such instruction and to

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present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office. Section 6. Said title is further amended by striking Code Section 20-2-695, relating to attendance officers employed in lieu of visiting teachers, 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 Professional Standards Commission for the certification of visiting teachers. Section 7. Said title is further amended by striking Code Section 20-2-792, relating to definitions regarding the Professional Practices Commission; Code Section 20-2-793, relating to composition of the commission; Code Section 20-2-794, relating to qualifications of members of the commission; Code Section 20-2-796, relating to investigations by the commission; and Code Section 20-2-797, relating to recommendations of the commission as to disciplinary actions; and inserting in their respective places the following: 20-2-792. As used in this part, the term: (1) `Commission' means the Professional Practices Commission.

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(2) `Educator' means teachers and other professional educators of this state who hold certificates issued by the Professional Standards Commission. (3) `Local board' means the board of education of any local school system. (4) `Local school system' means any county school system or any independent school system of a municipality. (5) `Local superintendent' means the school superintendent of any local school system. (6) `State board' means the State Board of Education. (7) `State Superintendent' means the State School Superintendent. (8) `Teaching' means any professional service rendered or performed by an educator. 20-2-793. (a) A Professional Practices Commission is created which shall be composed of 17 members as follows: four elementary schoolteachers, four secondary schoolteachers, one elementary school principal, one secondary school principal, two local superintendents, one representative of the Department of Education, who shall be exempt from paragraphs (3) and (4) of subsection (a) of Code Section 20-2-794, and four professional educators, who shall represent the Georgia education profession at large. (b) A panel of three nominees for each position on the commission shall be submitted to the State Superintendent by the recognized state-wide professional education organizations. From the submitted list of nominees, the State Superintendent shall recommend the appointment of an educator for membership on the commission to the state board, which shall appoint such nominee to the commission for a term of three years. A commissioner shall be eligible for reappointment, but no person shall serve on the commission for more than two full terms. (c) The commission may remove any commissioner from office for neglect of duty, incompetency, or revocation or suspension

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of his or her certificate issued by the Professional Standards Commission or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the state board shall appoint a successor as provided in this Code section to serve the unexpired term. 20-2-794. (a) To be eligible for appointment as a member of the commission, a person shall: (1) Be a citizen of the United States and a resident of this state; (2) Be certified to teach in this state; (3) Be employed in the public schools of this state at the time of appointment; and (4) Have been employed as an educator in the public schools of this state for at least five years immediately preceding his or her appointment. (b) Immediately after appointment, each member of the commission shall take or subscribe to a written oath or affirmation required by law for state officers. (c) Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member of the commission who is an employee of the Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member of the commission and employs a person to replace such member during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred.

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(d) When acting in good faith in the course of their duties at meetings or hearings of the commission, members shall be privileged in their utterances. 20-2-796. (a) Upon request as provided in subsection (b) of this Code section, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board, the commission, the Professional Standards Commission, or a local board; or (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, the Professional Standards Commission, the state board, or a local board. (b) The commission shall not be authorized, on its own motion, to make an investigation pursuant to subsection (a) of this Code section but may make such an investigation: (1) Upon the request of a local board; (2) Upon the request of the state board or the Professional Standards Commission; or (3) Upon the request of one or more individual residents of this state. (c) If the commission agrees to make an investigation pursuant to a request made under paragraphs (2) and (3) of subsection (b) of this Code section and if the proposed investigation involves one or more educators employed by a local board, the commission shall, prior to beginning such investigation, notify, in writing, the local board employing the educators of the following:

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(1) The names and addresses of the parties making the complaint that gave rise to the proposed investigation; (2) The names of the educators employed by the local board who are proposed to be investigated; and (3) An explanation of the complaint made against the educators employed by the local board. (d) In making an investigation authorized by this Code section, the commission shall: (1) Be authorized to conduct probable cause and plenary hearings; (2) Have the power to administer oaths and affirmations; and (3) Have the power to issue subpoenas in the name of the commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the superior courts. In the event any person fails or refuses to obey a subpoena issued under this paragraph, such failure or refusal shall constitute contempt of the commission. Upon application by the commission to the superior court of the county wherein such person resides or is found, the superior court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding $300.00 or by imprisonment not exceeding 20 days or by both such fine and imprisonment and to enter such other orders and take such other action as may be necessary to enforce compliance with and obedience to the subpoena. At such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena. 20-2-797. (a) Upon its completion of any investigation authorized by Code Section 20-2-796, the commission may furnish to the local board, the state board, the Professional Standards Commission, or any combination thereof, findings

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of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators involved if the commission, in its investigation, found that the complaints against the educators were not justified. If the commission, in its investigation, found justification for the complaints against the educators involved, it may recommend any combination of the following actions: (1) That the educators be warned or reprimanded; (2) That the contracts of the educators be terminated, suspended, or not renewed; or (3) That the certificates of the educators be suspended or revoked. (b) In addition to making recommendations pursuant to subsection (a) of this Code section, the commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations to the state board, to the Professional Standards Commission, or to local boards which will promote an improvement in the teaching profession. The commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers provided by subsection (d) of Code Section 20-2-796 may not be exercised pursuant to the authority of this subsection. Section 8. Said title is further amended by striking Code Section 20-2-833, relating to payments to student teacher supervisors, and inserting in its place a new Code section to read as follows: 20-2-833. (a) As used in this Code section, the term: (1) `Student teaching' means the full-time component of a teacher education program in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system, state

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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 Professional Standards Commission 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 Professional Standards Commission to persons who have completed a supervising teacher or teacher support specialist program approved by the commission. (b) The Professional Standards Commission 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 determined by the Professional Standards Commission and in the following amounts: (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 specialist certificate shall receive $50.00 for each such quarter or semester.

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(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 9. Said title is further amended by striking subsection (a) of Code Section 20-2-850, relating to teachers' sick leave, and inserting in its place a new subsection to read as follows: (a) Each person employed in any public school system of this state in the capacity of teacher, student services support personnel, or administrative and supervisory personnel, hereinafter referred to in this part as `personnel,' as classified by the Professional Standards Commission pursuant to subsection (a) of Code Section 20-2-200, except county or regional librarians, shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed contract month, and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days, except for additional days which may be accumulated for the purposes provided for in Code Section 20-2-853. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days. Section 10. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-942, relating to nonrenewal of teacher contracts, and inserting in its place a new paragraph to read as follows: (4) `Teacher' means any professional school employee certificated by the Professional Standards Commission.

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Section 11. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by striking from Code Section 47-3-1, relating to definitions regarding the Teachers Retirement System of Georgia, paragraph (8.1) and inserting in its place a new paragraph to read as follows: (8.1) `Certified professional personnel' means employees of the State Board of Education or the Professional Standards Commission who, by policy of the State Board of Education, are required to possess a valid professional certificate issued by the Professional Standards Commission. Section 12. This Act shall become effective on July 1, 1991, except that this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval only for purposes of the Governor's making the initial appointments to the Professional Standards Commission. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. GEORGIA EDUCATION AUTHORITY (UNIVERSITY) DEFINITION; MEMBERSHIP. Code Sections 20-3-151 and 20-3-152 Amended. No. 526 (Senate Bill No. 167). AN ACT To amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the Georgia Education Authority (University) Act, so as to change certain definitions; to change the membership of the Georgia Education Authority (University); to provide for related matters; to

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provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the Georgia Education Authority (University) Act, is amended by striking paragraph (4) of subsection (a) of Code Section 20-3-151, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Project' means one or a combination of two or more of the following or any equipment therefor: housing accommodations; buildings and facilities intended for use as classrooms; laboratories; libraries; dormitories; and instructional, administrative, and recreational facilities for students, faculty, officers, and employees of any institution or unit under the control of the board of regents; and all structures, electric, gas, steam, and water utilities, and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any unit which is a part of the university system. Section 2. Said article is further amended by striking subsection (a) of Code Section 20-3-152, relating to the membership of the Georgia Education Authority (University), and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created a body corporate and politic to be known as the Georgia Education Authority (University), which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title said body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of six members, as follows: the Governor, an appointee of the Governor who is not the Attorney General, the state auditor, the chairman of the board of regents, the director of the Office of Planning and Budget, and the chancellor of the university system.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. EDUCATION STATE BOARD OF EDUCATION; LOCAL SCHOOL DISTRICTS; BONDED INDEBTEDNESS; NOTIFICATION; PAYMENT. Code Sections 20-2-170 and 20-2-480 Enacted. No. 527 (House Bill No. 792). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system; to permit local school systems' notification of the State Board of Education of the issuance of bonded indebtedness and direction to the State Board of Education to withhold sufficient moneys, if necessary, to pay such bonded indebtedness; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end of Part 4 of Article 6 a new Code Section 20-2-170 to read as follows:

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20-2-170. If the State Board of Education has received the notification from any local school system or district described in Code Section 20-2-480 and if at any time the State Board of Education is notified by the sinking fund custodian, trustee, or paying agent for bonded indebtedness of such school district or system that the school district or system has failed to effect the punctual payment of the principal of or interest on such indebtedness, the State Board of Education is authorized to and shall withhold from any state appropriation to which such school district or system may be entitled and apply so much thereof as shall be necessary to the payment of the principal of and interest on such indebtedness then due. Section 2. Said chapter is further amended by adding at the end of Part 3 of Article 9 a new Subpart 3 to read as follows: Subpart 3 20-2-480. (a) Prior to the issuance of any bonded indebtedness, the governing body of any county school district or system, any independent school district or system, or any area school district or system may notify the State Board of Education of the proposed issuance of such indebtedness and authorize and direct the State Board of Education to withhold from such school district or system sufficient moneys from any state appropriation to which such school district or system may be entitled and apply so much as shall be necessary to the payment of the principal of and interest on such indebtedness then due. (b) The notice and authorization referred to in subsection (a) of this Code Section shall set forth the following information: (1) The proposed date of issuance of the bonded indebtedness; (2) Each payment date with respect to such indebtedness and the principal of and interest on such indebtedness coming due on each such date; and (3) The name and address of the financial institution serving as custodian, trustee, or paying agent for such

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indebtedness to whom any payment by the State Board of Education should be made. 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 17, 1991. CONDITIONED AIR CONTRACTORS LICENSES; CONTINUING EDUCATION; REGISTRATION. Code Sections 43-14-6, 43-14-9, and 43-14-16 Amended. No. 528 (House Bill No. 295). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education relating to conditioned air contracting; to provide for procedures; to require a minimum number of hours of continuing education; to authorize certain continuing education courses; to provide for approval of certain courses and the exclusion of certain other courses; to provide for waivers; to provide for rules and regulations; to provide an exception; to provide for applicability; to require conditioned air contractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and proposal forms and certain

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advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connection with conditioned air systems shall be required to be licensed by the appropriate licensing authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding at the end of Code Section 43-14-6, relating to the powers of the various divisions under the State Construction Industry Licensing Board, a new subsection (d) to read as follows: (d) (1) With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education of not more than four hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological advances, business management,

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or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved. (2) All provisions of this subsection relating to continuing professional education shall be administered by the division. (3) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (4) The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer. (6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal. Section 2. Said chapter is further amended by striking in its entirety Code Section 43-14-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows: 43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business. (b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and newspapers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms.

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Section 3. Said chapter is further amended by adding at the end of Code Section 43-14-16, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsections (j) and (k) to read as follows: (j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality. (k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed conditioned air contractor duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, lowvoltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board. Section 4. This Act shall become effective January 1, 1992. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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TORTS VOLUNTEER TRANSPORTATION SERVICES; IMMUNITY. Code Section 51-1-42 Enacted. No. 530 (House Bill No. 555). AN ACT To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services; 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. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code Section 51-1-42 to read as follows: 51-1-42. (a) As used in this Code section, the term: (1) `Charitable organization' means any charitable unit of a religious or civic group, including those supported wholly or partially by private donations. (2) `Human service agency' means any human service unit, clinic, senior citizens program, congregate meal center, or day-care center for the elderly, whether supported wholly or partially from public funds. (3) `Volunteer transportation' means motor vehicle transportation provided by an individual under the direction, sponsorship, or supervision of a human service agency or a charitable organization. A volunteer may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services but shall not receive compensation for his or her time.

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(b) Any person who provides volunteer transportation for senior citizens shall not be liable for any civil damages for any injury to such senior citizens arising out of or resulting from such transportation if such person was acting in good faith within the scope of his or her official actions and duties and unless the conduct of such person amounts to willful and wanton misconduct. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. WORKERS' COMPENSATION ASBESTOS EXPOSURE; FILING OF CLAIM; TIME PERIOD. Code Section 34-9-281 Amended. No. 531 (House Bill No. 406). AN ACT To amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to revise the time period for filing of claims resulting from exposure to asbestos; to provide that this Act shall not operate to revive any claim barred prior to July 1, 1991; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, is amended by striking paragraph (2) of subsection (b) in its entirety and inserting in its place a new paragraph (2) to read as follows:

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(2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment; provided however, that an employee with asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date of first disablement after diagnosis of such disease to file a claim for disablement. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death. Section 2. This Act shall not operate to revive any claim barred prior to July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. ALCOHOLIC BEVERAGES OPEN CONTAINERS PROHIBITED WHILE OPERATING MOTOR VEHICLE. Code Section 40-5-57 Amended. Code Section 40-6-253 Enacted. No. 532 (House Bill No. 11). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty; to provide that any person found guilty of possession of such open

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container shall be assessed two points against his license; 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 in its entirety subparagraph (c)(1)(A) of Code Section 40-5-57, relating to points assessed for certain offenses, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving 4 points Unlawful passing of a school bus 6 points Improper passing on a hill or a curve 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points Exceeding the speed limit by 34 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points Too fast for conditions 0 points Possessing an open container of an alcoholic beverage while driving 2 points All other moving traffic violations which are not speed limit violations 3 points

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Section 2. Said title is further amended by inserting at the end of Article 11 of Chapter 6, relating to miscellaneous rules of the uniform rules of the road, a new Code Section 40-6-253 to read as follows: 40-6-253. (a) As used in this Code section, `open container' means any container which is immediately capable of being consumed from or the seal of which has been broken. (b) No person shall possess an open container of any alcoholic beverage while operating a vehicle in this state. For the purposes of this Code section, an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (c) Any person who violates this Code section is subject to a fine not to exceed $200.00. (d) A county or municipal corporation ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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GEORGIA STATE GAMES COMMISSION MEMBERS; TERMS; COMPENSATION; SITES. Code Sections 50-12-43, 50-12-44, 50-12-45, and 50-12-48 Amended. No. 533 (House Bill No. 804). AN ACT To amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission; to provide for additional members; to provide for initial and regular terms of office; to provide for compensation and expenses; to change the provisions relating to the powers and duties of the commission; to provide for the selection of sites and change the provisions relating thereto; to change the provisions relating to reports and budgets; 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 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, is amended by striking Code Section 50-12-43, relating to membership of the Georgia State Games Commission, and inserting in lieu thereof a new Code Section 50-12-43 to read as follows: 50-12-43. (a) The commission shall consist of members to be appointed as follows: (1) The Governor shall appoint one member from each congressional district in this state; (2) The President of the Senate shall appoint two members from the state at large; and (3) The Speaker of the House of Representatives shall appoint two members from the state at large.

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(b) The members shall be selected because of their experience and interest in physical fitness and amateur athletics and shall share a commitment to promote amateur athletics in the state. The terms of the 12 members of the commission who were in office on January 1, 1991, shall expire on December 31, 1993. As soon as legally permissible after January 1, 1991, the President of the Senate and the Speaker of the House of Representatives shall each appoint one additional member to the commission for initial terms expiring on December 31, 1993. In the event the number of members of the United States House of Representatives from Georgia is increased following the United States decennial census of 1990, the Governor shall appoint an appropriate number of additional members to the commission and such members shall have initial terms expiring on December 31, 1993. Successors to members whose terms expire on December 31, 1993, shall be appointed for initial terms as follows: (1) Members appointed by the Governor from odd-numbered congressional districts, one member appointed by the President of the Senate and one member appointed by the Speaker of the House of Representatives shall have initial terms beginning on January 1, 1994, and ending December 31, 1995; and (2) Members appointed by the Governor from even-numbered congressional districts, one member appointed by the President of the Senate and one member appointed by the Speaker of the House of Representatives shall have initial terms beginning on January 1, 1994, and ending December 31, 1997. Successors to such members and future successors shall be appointed immediately prior to the expiration of a term of office, shall take office on January 1 following their appointment, and shall have terms of office of four years each and until their respective successors are appointed. Members shall be eligible for reappointment for an unlimited number of terms. (c) Members shall elect a chairman who shall be a member of the commission. The commission shall meet regularly at the call of the Governor or the chairman. A majority of the total number of members to which the commission is entitled shall

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constitute a quorum. The commission shall adopt such rules and regulations as are necessary and proper to govern its procedure and business. (d) In the event of the death, disability, resignation, removal, or refusal to serve of any member, the appointing official of that member shall appoint a qualified person to fill the unexpired term. (e) Each member of the commission shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. Section 2. Said article is further amended by striking Code Section 50-12-44, relating to promotion of physical fitness and sports, which reads as follows: 50-12-44. To promote physical fitness and sports, the commission shall: (1) Promote the development of a program of statewide amateur athletic competition to be known as the `Georgia State Games'; (2) Promote the development of Olympic training centers within the state. Such centers shall be managed by a Georgia State Games and Olympic training centers direct-support organization under contract with the Department of Human Resources as further provided in Code Section 50-12-45. The commission shall assure that state and local governmental entities and other entities cooperate to the extent feasible in providing existing facilities for use in Olympic training; (3) Promote national and international amateur athletic competitions; (4) Recommend rules for adoption and establish policies for the operation of the Georgia State Games, the

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promotion of national and international amateur athletic competitions, and the development of Olympic training centers; (5) Maintain liaison with the Department of Education, county and independent boards of education, private and parochial schools, physical fitness commissions of the several political subdivisions of this state, and comparable agencies of other states or of the federal government; (6) Develop, foster, and coordinate services and programs of physical fitness and amateur sports for the people of this state; (7) Sponsor physical fitness and amateur sports workshops, clinics, conferences, and other similar activities; (8) Give recognition to outstanding developments and achievements in, and contributions to, physical fitness and amateur sports; (9) Stimulate physical fitness research; (10) Collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and amateur sports; (11) Assist public, private, and parochial schools in developing health and physical fitness programs for students; (12) Encourage local governments and communities to develop local physical fitness programs and amateur athletic competitions; (13) Develop programs to promote personal health and physical fitness in cooperation with medical, dental, and other similar professional societies; (14) Enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations to promote and improve physical fitness and amateur sports programs;

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(15) Hire a director and staff sufficient to accomplish its goals and supply all necessary office space, equipment, and supplies; and (16) Accept from the federal government or any instrumentality thereof or from any person, firm, or corporation in the name of and for the state, services, equipment, supplies, materials, or funds by way of gift or grant for any purposes provided by this article., and inserting in lieu thereof a new Code Section 50-12-44 to read as follows: 50-12-44. The commission shall have the following powers and duties in addition to other powers and duties set forth in this article: (1) To develop and stage a program of state-wide amateur athletic competitions to be known as the `Georgia State Games'; (2) To enter into contracts with both public and private parties in connection with the exercise of powers and duties of the commission; (3) To procure insurance coverage for participants in its programs; (4) To appoint and select officers, agents, and employees, including professional and administrative staff; (5) To enlist the support of individuals, civic groups, amateur and professional sports associations, and other organizations in promoting, conducting, and staging the Georgia State Games and in promoting and improving physical fitness in amateur sports programs; (6) To enter into agreements for the development, marketing, promotion, staging, television and radio broadcasting or reproduction of: (A) The Georgia State Games; and

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(B) The official Georgia State Games emblem, posters, and any other artistic, orthographic, or visual representations or designations relating to the Georgia State Games; (7) To accept monetary grants, gifts, and proceeds arising from any contracts of the commission from the federal government; state government; any county, municipality, or local government; any board, bureau, commission, agency, authority, or establishment of any such government; or any individual, group of individuals, or any other organization, public or private; and to hold, invest, and disburse such grants, gifts, and proceeds and the income derived from the grants, gifts, and proceeds in carrying out the objectives and purposes of the commission; (8) To accept from the federal government or any instrumentality thereof or any other public or private person, firm, or corporation in the name of and for the state services, equipment, supplies, and materials by way of gift or grant for any purpose provided by this article; (9) To promote the development of Olympic training centers within the state. Such centers shall be managed by a Georgia State Games and Olympic training centers direct-support organization under contract with the Department of Natural Resources as further provided in Code Section 50-12-45. The commission shall assure that state and local governmental entities and other entities cooperate to the extent feasible in providing existing facilities for use in Olympic training; (10) To promote national and international amateur athletic competitions; (11) To recommend rules for adoption and establish policies for the operation of the Georgia State Games, the promotion of national and international amateur athletic competitions, and the development of Olympic training centers; (12) To maintain liaison with the Department of Education, county and independent boards of education, private

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and parochial schools, physical fitness commissions of the several political subdivisions of the state, and comparable agencies of other states or of the federal government; (13) To sponsor physical fitness and amateur sports workshops, clinics, conferences, and other similar activities; (14) To give recognition to outstanding developments and achievements in, and contributions to, physical fitness and amateur sports; (15) To collect and disseminate physical fitness and sports information and initiate advertising campaigns promoting physical fitness and amateur sports; (16) To encourage local governments and communities to develop local physical fitness programs and amateur athletic competition; and (17) To adopt, alter, or repeal its 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 commission may deem necessary or expedient in facilitating its business. Section 3. Said article is further amended by striking Code Section 50-12-45, relating to assistance by a direct-support organization and contracts, and inserting in lieu thereof a new Code Section 50-12-45 to read as follows: 50-12-45. (a) The commission may authorize a direct-support organization as defined by Code Section 50-12-40 to assist the operation of the Georgia State Games, the promotion of national and international amateur athletic competitions, and the development of Olympic training centers. The direct-support organization shall operate under contract with the Department of Natural Resources. (b) The contract between the direct-support organization and the Department of Natural Resources shall, at a minimum, provide for:

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(1) Approval of the articles of incorporation of the direct-support organization by the commission, and for the governance of the direct-support organization by members appointed by the commission and approved by the Governor; (2) Submission of an annual budget for the approval of the commission and the Governor. The budget shall be in accordance with rules adopted by the commission; (3) Certification by the Governor or his designee, after conducting an annual financial and performance review, that the direct-support organization is operating in compliance with the terms of the contract and in a manner consistent with the goals of the commission and in the best interest of the state. Such certification shall be made to the commission annually and reported in the official minutes of a meeting of the commission; (4) The release and conditions for the expenditure of any state revenues; (5) The reversion to the state of funds held in trust by the direct-support organization if the contract is terminated; and (6) The fiscal year of the direct-support organization as beginning on July 1 and ending June 30 in each and every year. (c) The Georgia State Games shall be patterned after the Summer Olympic games with variations as necessitated by the availability of facilities, equipment, and expertise. The games shall be designed to encourage the participation of athletes representing a broad range of age groups, skill levels, and Georgia communities. Participants shall be residents of this state. Regional competitions shall be held throughout the state, and the top qualifiers in each sport shall proceed to the final competitions to be held at a site in the state having the necessary facilities and equipment for conducting the competitions.

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(d) The commission shall determine the frequency of the Georgia State Games and shall select the sites of the final competition and regional competitions. Section 4. Said article is further amended by striking Code Section 50-12-48, relating to reports and budgets of the Georgia State Games Commission, and inserting in lieu thereof a new Code Section 50-12-48 to read as follows: 50-12-48. The commission shall make an annual report of its activities to the Governor and to the General Assembly, with any recommendations which it may wish to make. 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 17, 1991. OIL SPILLS IMMUNITY FROM LIABILITY FOR PERSONS RESPONDING; REMOVAL COSTS; RESPONSIBLE PARTIES. Code Title 12, Chapter 5, Article 7 Enacted. No. 534 (Senate Bill No. 179). AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain

Page 1599

responsible parties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding at the end thereof a new article, to be designated Article 7, to read as follows: ARTICLE 7 12-5-500. As used in this article, the term: (1) `Damages' means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened discharge of oil. (2) `Discharge' means any emission, other than natural seepage, whether intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (3) `Federal on-scene coordinator' means the federal official designated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D or the official designated by the lead agency to coordinate and direct removal under subpart E of the National Contingency Plan. (4) `National Contingency Plan' means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, 31 U.S.C. 1321(d), as amended by the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990). (5) `Oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

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(6) `Person' means an individual, corporation, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body. (7) `Removal costs' means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. (8) `Responsible party' means a responsible party as defined under Section 1001 of the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990). 12-5-501. (a) Notwithstanding any other provision of law, a person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by any state official with responsibility for oil spill response. (b) Subsection (a) of this Code section shall not apply: (1) To a responsible party; (2) With respect to personal injury or wrongful death; (3) If the person is grossly negligent or engages in willful misconduct; or (4) To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.). (c) A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.

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(d) Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. HEALTH LONG-TERM CARE FACILITIES; RESIDENTS; ABUSE OR EXPLOITATION; REPORTING; LIABILITY. Code Sections 31-8-85 and 31-8-86 Amended. No. 535 (Senate Bill No. 212). AN ACT To amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, so as to change the provisions relating to immunity from liability; to change the provisions relating to confidentiality; to provide for legislative intent and for rules to prevent certain conflicts or loss of funds; 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 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of residents in long-term care facilities, is amended by striking in its entirety Code Section 31-8-85, relating to immunity from liability, and inserting in its place a new Code Section 31-8-85 to read as follows:

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31-8-85. (a) Any agency or person who in good faith makes a report or provides information or evidence pursuant to this article shall be immune from liability for such actions. (b) Neither the department nor its employees, when acting in good faith and with reasonable diligence, shall have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with the collection or release of information pursuant to this article and neither shall be subject to suit based upon any such claims. Section 2. Said article is further amended by striking in its entirety Code Section 31-8-86, relating to confidentiality, and inserting in its place a new Code Section 31-8-86 to read as follows: 31-8-86. The identities of the resident, the alleged perpetrator, and persons making a report or providing information or evidence shall not be disclosed to the public unless required to be revealed in court proceedings or upon the written consent of the person whose identity is to be revealed or as otherwise required by law. Upon the resident's or his representative's request, the department shall make information obtained in an abuse report or complaint and an investigation available to an allegedly abused or exploited resident or his representative for inspection or duplication, except that such disclosure shall be made without revealing the identity of any other resident, the person making the report, or persons providing information by name or inference. For the purpose of this Code section, the term `representative' shall include any person authorized in writing by the resident or appointed by an appropriate court to act upon the resident's behalf. The term `representative' also shall include a family member of a deceased or physically or mentally impaired resident unable to grant authorization; provided, however, such family members who do not have written or court authorization shall not be authorized by this Code section to receive the resident's health records as defined in Code Section 31-33-1. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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NURSING HOMES LISTS AND NOTICES OF DEFICIENCIES. Code Section 31-7-2.1 Amended. Code Section 31-7-3.2 Enacted. No. 536 (Senate Bill No. 213). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nursing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to provide for administrative sanctions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, is amended by striking in its entirety Code Section 31-7-2.1, relating to adoption of rules and regulations, and inserting in its place a new Code section to read as follows: 31-7-2.1. (a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions shall have and use in order to properly care for their patients. (b) The department shall compile and distribute, upon request, to interested persons a monthly list of those nursing homes and intermediate care homes surveyed, inspected, or

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investigated during the month, indicating each facility for which deficiencies have been cited by the department, and indicating where reports of the cited deficiencies and information regarding any sanctions imposed can be obtained. The department shall also make available the survey reports upon written request. Section 2. Said chapter is further amended by adding after Code Section 31-7-3.1 a new Code section to read as follows: 31-7-3.2. (a) A nursing home or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency for which the facility has received notice of the imposition of any sanction available under federal or state laws or regulations, except where a plan of correction is the only sanction to be imposed. (b) A notice required under subsection (a) of this Code section shall be of a size and format prescribed by the department and shall contain the following: (1) A list of each cited deficiency which has resulted in the notice being required; (2) A description of any actions taken by or of any notices of intent to take action issued by federal or state entities as a result of such cited deficiencies; (3) The telephone numbers of the state and community long-term care ombudsman programs; and (4) A statement that a copy of the notice may be obtained upon written request accompanied by a self-addressed stamped envelope. (c) A notice required by subsection (a) of this Code section shall be posted at the facility giving the notice: (1) In an area readily accessible and continuously visible to the facility's residents and their representatives;

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(2) Within 14 days after the facility receives notification of imposition of a sanction for a cited deficiency which requires the notice; and (3) Until the department has determined such cited deficiencies no longer exist, at which time the notice may be removed. (d) In addition to the posted notice required by subsection (c) of this Code section, a notice, containing the information set forth in subsection (b) of this Code section, shall also be provided by the facility upon written request. The facility shall be responsible for mailing a copy of such notice when the written request is accompanied by a postage paid self-addressed envelope. (e) Each applicant to a facility shall receive upon written request with his application a copy of the most recent notice which has been distributed pursuant to this subsection. The facility may inform the applicant of any corrective actions taken in response to the cited deficiencies contained in such notice. (f) In the event that the facility previously has been required to have posted or provided notice of the same cited deficiency arising from the same act, occurrence, or omission, this Code section should not be construed to require the facility to post or provide duplicate notice of such cited deficiency so long as the notice is made in a manner consistent with subsections (b) and (c) of this Code section. (g) In the case of a violation of this Code section, the department may impose administrative sanctions as otherwise provided by law in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (h) The department may promulgate rules and regulations to implement the provisions of this Code section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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MODEL BASIC HEALTH INSURANCE PLAN COMMISSIONER OF INSURANCE; DEVELOPMENT; PROMOTION OF USE. Code Title 33, Chapter 47 Enacted. No. 537 (House Bill No. 642). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan; to provide for features of such plan; to authorize the Commissioner to obtain information and assistance in order to develop such plan; to authorize the Commissioner to promote and encourage the use of such plan; 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 the regulation of insurance, is amended by adding a new chapter, to be designated Chapter 47, to read as follows: CHAPTER 47 33-47-1. This chapter shall be known and may be cited as the `Georgia Basic Health Insurance Plan.' 33-47-2. It is the intent of this chapter to authorize the Commissioner of Insurance to establish a model health insurance plan or policy which will be affordable to Georgians who cannot afford standard market policies of accident and sickness insurance and to increase the availability of health insurance coverage by encouraging the promotion of this type of plan or policy by accident and sickness insurers licensed to transact such insurance in this state.

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33-47-3. The Commissioner shall develop a model basic health insurance plan which shall include, but shall not be limited to, the following features: (1) Eligibility criteria designed to permit persons with income levels below 250 percent of the federal poverty level to participate in the plan; (2) Eligibility requirements which exclude from participation in the plan persons with basic or major medical accident and sickness coverage and persons who are eligible for coverage under the Medicaid or medicare programs; and those who have voluntarily canceled their accident and sickness coverage in the last year; (3) Coverage for primary health care services designed to prevent the need for more expensive health care services; (4) Premium levels which are significantly lower than premium levels for standard market policies of accident and sickness insurance and based upon the plan being operated at no profit to the insurer; (5) Cost containment features which may include, but not be limited to, preadmission certification for inpatient and selected outpatient services, second medical opinions for nonemergency surgery, limitations on services and providers, and the use of preferred provider arrangements; and (6) Nominal copayment provisions, reasonable lifetime benefit maximums, and nominal deductible amounts. 33-47-4. (a) The Commissioner shall be authorized to request information and data from any available source and to request the assistance of accident and sickness insurers and providers of health care services in order to develop the model basic health care plan.

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(b) The Commissioner shall be authorized to encourage and promote the marketing of the model basic health insurance policy by accident and sickness insurers in this state. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. INSURANCE FRAUD; FELONY OFFENSE; FRAUDULENT INSURANCE ACT; DEDUCTIBLES; UNINSURED MOTORIST COVERAGE; STANDARD INSURANCE RATES; APPROVAL; PREMIUM DISCOUNTS; PERSONAL INJURY PROTECTION COVERAGE; SETTLEMENT OF CLAIMS. Code Title 33 Amended. No. 538 (Senate Bill No. 110). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise substantially provisions relative to insurance fraud and motor vehicle insurance; to provide that the offense of insurance fraud shall be a felony offense; to revise the definition of fraudulent insurance act; to provide for the notification of law enforcement agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency; to provide for deductibles with regard to uninsured motorist insurance; to revise provisions relative to uninsured motorist coverage and the requirement of physical contact with regard to cases in which the owner or operator of a motor vehicle causing damage is unknown; to provide a standard for insurance rates for personal private passenger motor vehicle insurance; to provide for the filing of rates, rating plans, rating systems, underwriting rules, and policy or bond forms used in writing personal private passenger

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motor vehicle insurance with the Commissioner of Insurance; to provide for the approval by the Commissioner of such rates, rating plans, rating systems, or underwriting rules prior to their use; to provide time limits for approval or disapproval; to provide for the submission of information to support a rate filing; to provide for certain exemptions; to provide for certain powers, duties, and authority of the Commissioner of Insurance with respect to the foregoing; to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies; to provide for intent; to revise provisions relative to the nonrenewal or cancellation of automobile or motorcycle insurance policies; to authorize administrative hearings and procedures in connection with such hearings; to provide for remedies and penalties; to comprehensively revise Chapter 34 of such title, the Georgia Motor Vehicle Accident Reparations Act; to repeal provisions requiring personal injury protection insurance coverage and related provisions; to delete references to personal injury protection insurance coverage; to authorize the Commissioner to provide procedures for settlement of first-party property damage claims under personal private passenger motor vehicle insurance policies; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to delete references and revise references to required motor vehicle insurance coverage under Chapter 34 of Title 33; to amend Part 8 of Article 8 of Chapter 14 of Title 44, relating to liens of hospitals, so as to delete a reference to Chapter 34 of Title 33; to provide for the continuation of certain coverages under motor vehicle insurance policies; to provide for notices and procedures relative thereto; to provide for rules and regulations; to provide for the filing of rates, forms, and rules; to provide for the reduction of certain motor vehicle insurance rates; to provide for hearings and orders and procedures relative thereto; to provide for other matters relative to the foregoing; 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: Part 1 Section 1.1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by striking paragraph (2) of subsection (c) of Code Section 33-1-9,

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relating to the offense of insurance fraud, in its entirety and inserting in its place a new paragraph (2) to read as follows: (2) Where the claim, benefit, or money referred to in subsection (a) of this Code section exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both. Section 1.2. Said title is further amended by striking subsection (a) of Code Section 33-1-16, relating to the investigation of fraudulent insurance acts, and inserting in its place a new subsection (a) to read as follows: (a) For the purposes of this Code section, a person commits a `fraudulent insurance act' if he: (1) Knowingly and with intent to defraud presents, causes to be presented, or 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, or a claim for payment or other benefit pursuant to an insurance policy, 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; or (2) Knowingly and willfully transacts any contract, agreement, or instrument which violates this title. Section 1.3. Said title is further amended by striking subsection (g) of Code Section 33-1-16, relating to the investigation of fraudulent insurance acts, and inserting in lieu thereof new subsections (g) and (h) to read as follows: (g) Notwithstanding the provisions of subsection (f) of this Code section, when an insurer or an insured knows or has reasonable grounds to believe that a person committed a fraudulent insurance act and which the insurer reasonably believes not to have been reported to a law enforcement agency

Page 1611

in this state, then, for the purpose of notification and investigation, the insurer or an agent authorized by an insurer to act on its behalf or the insured may notify such law enforcement agency of such knowledge or reasonable belief and provide such information relevant to the fraudulent insurance act, including, but not limited to, insurance policy information, including the application for insurance; policy premium payment records; history of previous claims made by the insured; and other information relating to the investigation of the claim, including statements of any person, proofs of loss, and notice of loss. In the absence of fraud or bad faith, no insurer or agent authorized by an insurer to act on its behalf, law enforcement agency, or their respective employees or an insured shall be subject to any civil liability for libel, slander, or related cause of action by virtue of filing reports or for releasing or receiving any information pursuant to this subsection. For the purposes of this Code section, the term `law enforcement agency' shall mean and include any federal, state, county, or consolidated police or law enforcement department and any prosecuting official of the federal, state, county, local, or consolidated government. For the purposes of this Code section, the term `insured' shall mean and include any person who is a named insured or beneficiary under a policy or contract of insurance or a person who is not a named insured or beneficiary under a policy or contract of insurance due to the fraudulent action of another but who in good faith believes himself to be such an insured or beneficiary. (h) 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 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,

Page 1612

with personnel employed by the Commissioner under this Code section in the duties imposed upon them by law. Section 1.4. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 33-7-11, relating to motor vehicle insurance coverage of claims against uninsured motorists, in its entirety and inserting in its place a new paragraph (2) to read as follows: (2) The coverages for bodily injury or death or for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows: (A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner; (B) For injury to or destruction of property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner; (C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00; (D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and (E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible. Section 1.5. Said title is further amended by striking paragraph (2) of Code Section 33-9-4, relating to the standards

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applicable to the making and use of rates, in its entirety and inserting in its place a new paragraph (2) to read as follows: (2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided; Section 1.6. Said title is further amended by striking subsections (b) and (c) of Code Section 33-9-21, relating to the filing of certain rates, plans, rating systems, or underwriting rules with the Commissioner of Insurance, and inserting in their places new subsections (b) through (f), respectively, to read as follows: (b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be authorized to extend such 45 day period by ten business days at his discretion. If a filing is disapproved, notice of such disapproval order shall be given, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may affirm, modify, or reverse his previous action. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection

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shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval. (c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished. (d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date for all insurance other than personal private passenger motor vehicle insurance. No rate, rating plan, rating system, or underwriting rule required to be filed under this subsection will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date. (e) When a rate filing of an insurer required under subsection (d) of this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his intent to conduct such examination,

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the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title. (f) Notwithstanding the provisions of subsection (d) of this Code section, in the event the filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) of this Code section is not necessary, in the judgment of the Commissioner, to accomplish the purposes of this chapter as set forth in Code Section 33-9-1, then the Commissioner may exempt all domestic, foreign, and alien insurers from being required to file such rate, rating plan, rating system, or underwriting rule. Section 1.7. Said title is further amended by adding at the end of Chapter 9, relating to the regulation of rates, underwriting rules, and related organizations, three new Code sections, to be designated Code Sections 33-9-42, 33-9-43, and 33-9-44, to read as follows: 33-9-42. (a) For each personal or family-type policy of private passenger 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, first-party medical, and collision coverages to the policyholder if all named drivers, as listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfy the requirements of subsection (b) of this Code section. (b) Reductions in premiums shall be available if all named drivers: (1) Have committed no traffic offenses for the prior three years;

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(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 or commercial or noncommercial driving schools approved by and under the jurisdiction of the Department of Public Safety; (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 each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault. (d) Provided however only named drivers over the age of 25 shall have to meet the requirements of only the requirements of 1 and 2 on page 12 on lines 29 through 32. (e) 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

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and accessible wherever practicable as determined by the department to licensed drivers throughout the state. (f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner. (g) 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 of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Public Safety shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) of this Code section, at any location in this state. (h) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section. 33-9-43. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, 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;

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(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; (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (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'; and (4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification. (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 determined to have been at fault;

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(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 40-5-55 and that suspension has not been reversed, if appealed from. 33-9-44. It is specifically intended that the discounts provided in Code Section 33-9-42 and 33-9-43 shall be provided by the insurer to any person who qualifies for such discounts. It is further intended that any similar discounts granted to qualified persons under Chapter 34 of this title as such chapter existed on September 30, 1991, shall not be discontinued nor duplicated by the enactment of Code Sections 33-9-42 and 33-9-43 for policies in effect on September 30, 1991. Section 1.8. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (b) to read as follows: (2) `Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a

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continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew. Section 1.9. Said title is further amended by striking paragraph (2) of subsection (e) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (e) to read as follows: (2) The insurer shall specify in writing the reason or reasons for such nonrenewal as required by Chapter 39 of this title. Section 1.10. Said title is further amended by striking subparagraph (e)(3)(H) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new subparagraph (e)(3)(H) to read as follows: (H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy or solely for claims paid or payable pursuant to the policy during the preceding 36 month period which did not aggregate in an amount in excess of $750.00; Section 1.11. Said title is further amended by adding at the end of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, a new subsection (o) to read as follows:

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(o) An insured may file a written request for a hearing before the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal and shall be accompanied by a filing fee to be prescribed by rule of the Commissioner. The filing fee may be waived by the Commissioner in the event the payment of such fee would cause economic hardship to the insured. A hearing shall be scheduled within 20 days of said request unless the Commissioner determines from the facts stated in the request that such request is without merit. A written determination must be issued by the Commissioner within ten days of the date of the hearing. During the pendency of such proceedings, the policy shall continue in full force and effect and the Commissioner may order the insured to tender any premiums due for such continued coverage to the Commissioner to be held in escrow. The Commissioner shall either order that the policy be renewed or may uphold the nonrenewal or cancellation and shall order the disposition of any premium payments held in escrow in accordance with the decision in the case. The Commissioner may also order such penalties as he determines are appropriate in the event of an abusive nonrenewal or cancellation. Except as otherwise specifically provided in this subsection, all hearings conducted pursuant to this subsection shall be conducted pursuant to provisions of Chapter 2 of this title. In any hearing or investigation conducted pursuant to this subsection, the Commissioner shall be authorized to investigate the issue of whether the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation procedures and, in the event of a determination that the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation procedures, to order such remedies and penalties as he deems appropriate and as are authorized by law. Section 1.12. Said title is further amended by striking Chapter 34, known as the Georgia Motor Vehicle Accident Reparations Act, in its entirety and inserting in its place a new Chapter 34 to read as follows: 33-34-1. This chapter shall be known and may be cited as the `Georgia Motor Vehicle Accident Reparations Act.'

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33-34-2. As used in this chapter, the term: (1) `Motor vehicle' means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle. (2) `Owner' means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee. (3) `Self-insurer' means any owner who has on file with the Commissioner of Insurance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter. 33-34-3. (a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months. (2) All insurers authorized to transact or transacting insurance in this state or controlling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehicle liability insurance

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coverage or any other similar coverage in any state or Canadian province shall include in the policies or contracts of insurance a provision which provides at least the minimum liability coverage required under Code Section 33-34-4 with respect to motorists insured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state. (3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum liability coverage required by Code Section 33-34-4 from providing such coverage for its insured motorists who are involved in motor vehicle accidents in this state and, to the extent that such coverage is provided, such policies or contracts shall be deemed to provide the minimum liability coverage required by this chapter. (4) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies. (b) Nothing in Code Section 33-34-4 shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum liability coverage required by that Code section. (c) Policies purporting to satisfy the requirements of Code Section 33-34-4 shall contain a provision which states that,

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notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum liability coverage required. (d) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the operator is an insured shall be afforded by the liability policy insuring the said operator and any liability policy under which the owner is an insured shall afford excess coverages. If the liability policy under which the owner is an insured and which affords excess coverage contains a provision which eliminates such excess coverage based on the existence of coverage provided in the operator's liability policy, such provision of the owner's liability policy shall be void. (e) Each policy of motor vehicle liability insurance issued in this state on or after October 1, 1991, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 30 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after October 1, 1991, shall be deemed to include and construed as including the provision regarding the notice requirements provided in this subsection. 33-34-4. No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage

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liability under Chapter 9 of Title 40, the `Motor Vehicle Safety Responsibility Act.' 33-34-5. No motor vehicle shall be licensed by this state until the owner or insured has furnished proof in the form provided in this Code section to the licensing authorities that there is in effect the minimum liability insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a minimum term of six months. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this Code section; however, such information as pertains to the minimum liability insurance coverage shall contain the certification of the applicant that minimum liability insurance is in force. 33-34-6. (a) No insurer issuing motor vehicle liability or collision insurance policies in this state shall require a person making a claim against an insured under one of such policies to utilize a particular person, firm, or corporation to repair a motor vehicle in order to settle a property damage liability or collision claim, if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source. (b) This Code section shall be applicable to all motor vehicle liability policies issued in this state after October 1, 1991. 33-34-7. Upon the death of or termination of the marital relationship of a named insured under a personal lines policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the

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absence of such a provision in such a policy the policy shall be deemed to contain such a provision. 33-34-8. The Commissioner shall provide by rule or regulation procedures for the expeditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies. Such procedures may include, but shall not be limited to: (1) Loss of use reimbursements; (2) Cost of repairs; (3) Determination of fair market value on total losses; (4) Use of aftermarket parts; (5) Time limitations for payments of claims for property damage by insureds; and (6) Establishment of a panel for arbitration of disputed property damage claims where such claims involve total losses. Part 2 Section 2.1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) and paragraph (1) of subsection (c) of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, in their entirety and inserting in their respective places a new subsection (b) and paragraph (1) of subsection (c) to read as follows: (b) If such accident is the proximate cause of death or a serious injury, 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. (1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage

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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: Section 2.2. Said title is further amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions as used in Chapter 9 of Title 40, in its entirety and inserting in its place 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; or (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 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. Section 2.3. Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, is amended by striking Code Section 44-14-474, relating to exemptions, in its entirety and inserting in its place a new Code Section 44-14-474 to read as follows: 44-14-474. This part shall not apply to any moneys becoming due under Chapter 9 of Title 34.

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Part 3 Section 3.1. Except as provided in Section 3.3 of this Act, this Act shall become effective on October 1, 1991, and shall apply to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991. Except for an otherwise permissible cancellation of a policy of motor vehicle insurance, coverages payable without regard to fault in motor vehicle insurance policies in existence on October 1, 1991, shall remain in effect until changed by specific request of the policyholder and reflected by endorsement to the policy or until the renewal date of the policy; provided, however, the insurer shall be required to send written notice to the policyholder of any changes in coverage to be effective upon renewal of the policy as a result of this Act not less than 60 days prior to the renewal date of the policy. Written notice to the policyholder shall be accomplished in such form and manner as prescribed by the Commissioner of Insurance. Section 3.2. (a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commissioner of Insurance for such examination and approval as is required by law. The Commissioner shall not approve such filings unless such filings contain optional medical payments coverage. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent, as compared to rates in effect for coverages required to be offered by the former Georgia Motor Vehicle Accident Reparations Act, with the exception of physical damage coverages, as specified in paragraph (3) of subsection (a) of former Code Section 33-34-5 and third-party property damage coverages. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received. (b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner

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for a hearing to grant relief from the rate filing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing conducted pursuant to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this subsection, the Commissioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provisions of subsection (a) of this section. Section 3.3. (a) Section 3.1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgation of rules and regulations by the Commissioner of Insurance. (b) Section 3.2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (c) This Act shall become effective for all purposes on October 1, 1991. Section 3.4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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STATE BOARD OF EDUCATION DELEGATION OF CERTAIN POWERS TO STATE SCHOOL SUPERINTENDENT; DUTY-FREE LUNCH PERIODS; PILOT PROJECTS; EVALUATIONS. Code Sections 20-2-212.1 and 20-2-218 Enacted. Code Sections 20-2-11, 20-2-154, 20-2-250, and 20-2-282 Amended. No. 539 (Senate Bill No. 71). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent; to provide for a duty-free lunch period for teachers; to provide for the exchanging of lunch periods for compensation or benefits; to prevent the lengthening of the school day as a result of required duty-free lunch periods; to provide for statutory construction with regard to certain appropriations; to change the eligibility requirements for remedial education programs; to provide for salary increases for persons selected as Georgia Teacher of the Year and for statutory construction; to provide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects; to provide for reports; to change the functions subject to certain comprehensive evaluations; to provide for the designation of schools which exceed expectations and exempt them from evaluation for certain functions; to provide for certain schools and districts which have had standards reviews; 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. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-11, relating to supervision of the Department of Education by the State Board of

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Education, and inserting in its place a new Code section to read as follows: 20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the Superintendent in the payment of salaries and travel expense of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department. Section 1.1. Said chapter is further is amended by striking subsection (a) of Code Section 20-2-154, relating to remedial education, and inserting in its place a new subsection to read as follows: (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section: (1) Students in grades two through five and nine through 12 may be eligible for services if they meet two or more of the following criteria: (A) The student has been through the formal student support team process and has documented

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evidence to support the placement in remedial education; (B) The student has been retained in the grade; (C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins - Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297); (D) The student has been recommended by the teacher who has documented any of the following student information: (i) Low performance in the reading series system; (ii) Low performance in the math series; or (iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or (E) Current test information in the student file indicates the student has a score at or below the 25 percentile; and (2) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies. No more than 25 percent of the school population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of

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students receiving free and reduced price lunches exceeds 50 percent. Section 1.2. Said chapter is further amended by adding immediately following Code Section 20-2-212, a new Code section to read as follows: 20-2-212.1. Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher. Section 2. Said chapter is further amended by adding after Code Section 20-2-217, relating to professional and staff development stipends, a new Code section to read as follows: 20-2-218. (a) Every teacher who is employed in grades K-5 for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of this duty-free lunch period shall be mandated to the extent that state financial support is provided to each school district for such purposes for the fiscal year 1992 only. (b) Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher's lunch period for any compensation or benefit mutually agreed upon by the

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employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school. (c) The implementation of this Code section may not result in a lengthened school day. (d) If necessary where due to extreme economic conditions or an unforeseen and unavoidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week. (e) Notwithstanding any of the foregoing provisions of this Code section to the contrary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5. Section 3. Said chapter is further amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows: (d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appropriate recommendations to the state board. (2) Pilot projects must meet the following criteria:

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(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education; (B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate; (C) Ensure that the plan for the pilot project becomes a component of the local strategic plan; (D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs; (E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount that would have been required under the original formula calculations and expenditure requirements; and (F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade.

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(3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations and Education committees of the House of Representatives and the Senate. Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, and inserting in its place a new paragraph to read as follows: (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in subsection (e.1) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units: (A) The extent to which the strategic plan has been effectively implemented; (B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;

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(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and (I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. Section 5. Said chapter is further amended by adding between subsections (e) and (f) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, a new subsection to read as follows: (e.1) The state board shall, subject to the requirements of subparagraph (a)(1)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 25 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated `high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraphs (a)(1)(B), (a)(1)(C), or (a)(1)(I) of this Code section, as long as the school maintains the designation `high-achieving school.' Schools and school districts which have had

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a standards review within the last four years will continue on the five-year cycle as mandated by law. Section 6. This Act shall become effective July 1, 1991, but Section 3 of this Act shall become effective July 1, 1991, for the 1992-1993 school year. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. BUSINESS RECORDS REQUIRED BY LAW DESTRUCTION ALLOWED AFTER THREE YEARS; DEFINITIONS. Code Title 10, Chapter 11 Enacted. No. 540 (House Bill No. 208). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law may be destroyed after three years without constituting an offense under such law; to provide for definitions; 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:

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Section 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at the end thereof a new Chapter 11 to read as follows: CHAPTER 11 10-11-1. As used in this chapter, the term: (1) `Business record' means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by handwriting, typewriting, printing, photostat, photograph, magnetic impulse, mechanical or electronic recording, or another form of data compilation. (2) `Reproduction' means a counterpart of an original business record created by production from the same impression on the same matrix as the original; photograph, including an enlargement or miniature; mechanical or electronic rerecording; chemical reproduction; or another technique that accurately reproduces the original. 10-11-2. Unless a specific period is designated by law for their preservation, business records which persons pursuant to the laws of this state are required to keep or preserve may be destroyed after the expiration of three years from the making of such records without constituting an offense under such laws. This Code section does not apply to minute books of corporations or to records of sales or other transactions involving weapons or poisons capable of use in the commission of crimes. 10-11-3. If, in the regular course of business, a person makes reproductions of original business records, the preservation of such reproductions constitutes compliance with any laws of this state requiring that business records be kept or preserved. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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ADOPTION AFFIDAVITS AND PETITIONS; SURRENDERS; DEPARTMENT OF HUMAN RESOURCES; CERTIFICATE OF ADOPTION; ADVERTISING PROHIBITED; DECREES OF ADOPTION. Code Title 19, Chapter 8 Amended. Code Section 49-5-12 Amended. No. 541 (House Bill No. 604). AN ACT To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements relating to affidavits and adoption petitions; to change certain provisions regarding the executions of surrenders; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources; to provide for applications and fees for criminal records checks; to change who may request a certificate of adoption; to change when adoption records may be examined; to provide for agents of the department and placement agencies and their functions, authority, power, duties, and immunities; to change the provisions prohibiting advertising and inducements; to provide for legislative intent; to validate, ratify, and confirm certain decrees of adoption; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, so as to provide for statutory construction regarding certain prohibitions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsections (c) and (h) of Code Section 19-8-5, relating to adoptions by third parties, and inserting in their respective places the following:

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(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of 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. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Section 2. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-6, relating to steparent adoptions, and inserting in their respective places new subsections to read as follows: (c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Section 3. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-7, relating to adoptions by relatives, and inserting in their respective places new subsections to read as follows: (c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof. (h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner shall execute

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an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 19-8-13, relating to filing adoption petitions, and inserting in its place a new paragraph to read as follows: (1) The petition shall set forth: (A) The name, age, marital status, 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; (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. Section 5. Said chapter is further amended by adding at the end of said Code Section 19-8-13 a new subsection to read as follows: (g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-90, obtaining and attaching to the petition a certified copy of the order terminating parental

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rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits. Section 6. Said chapter is further amended by striking Code Section 19-8-14, relating to time of hearing, and inserting in its place a new Code section to read as follows: 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. Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry. Section 7. Said chapter is further amended by adding at the end of Code Section 19-8-16, relating to investigations of the petitioner, a new subsection to read as follows: (d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and make application for such records check as required by the department. Section 8. Said chapter is further amended by striking subsection (b) of Code Section 19-8-20, relating to forwarding of decrees to the department, and inserting in its place a new subsection to read as follows: (b) At any time after the entry of the decree of adoption, upon the request of an adopted person who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting

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adopted person or 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. Section 9. Said chapter is further amended by adding at the end of subsection (f) of Code Section 19-8-23, relating to recording the records of adoption, a new paragraph to read as follows: (12) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function. Section 10. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to recording the records of adoptions, and inserting in its place a new subsection to read as follows: (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 and after the department and the appropriate child-placing agency have received at least 30 days'

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prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, 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 notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. 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. Section 11. Said chapter is further amended by striking subsection (c) of Code Section 19-8-24, prohibiting advertisements, and inserting in its place a new subsection to read as follows: (c) (1) Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to: (A) Adopt a child or children; or (B) Place that individual's child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorney's

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name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subsection (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication. Section 12. Said chapter is further amended by striking Code Section 19-8-25, relating to the effect of prior consents or surrenders, and inserting in its place a new Code section to read as follows: (a) 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. (b) It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this chapter to adoption proceedings pending on July 1, 1990. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to July 1, 1990, shall be valid if the adoption conformed to the requirements of this chapter either as they existed on June 30, 1990, or on July 1, 1990, and each such adoption decree is hereby ratified and confirmed. Section 13. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, is amended by striking subsection (q) thereof and inserting in its place a new subsection to read as follows: (q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1,

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violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to: (1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Chapter 8 of Title 19. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991.

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GEORGIA CHILD CARE COUNCIL CREATION; DUTIES; COMPOSITION; MEETINGS; DIRECTOR; DUTIES; FUNDING. Code Title 49, Chapter 5, Article 11 Enacted. No. 542 (House Bill No. 399). 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 create the Georgia Child Care Council and provide for its duties and composition; to provide for the council members' appointment, confirmation, qualifications, terms, removal, oaths, vacancies, and compensation; to provide for the organization, meetings, and quorum of the council; to provide for a director of the council and the duties thereof; to provide for funding and administrative matters; 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. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new article to read as follows: ARTICLE 11 49-5-240. As used in this article, the term: (1) `Council' means the Georgia Child Care Council created pursuant to Code Section 49-5-241. (2) `Federal Act' means the `Child Care and Development Block Grant Act of 1990,' pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). 49-5-241. (a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those

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members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The fifteen voting members shall be appointed as follows: (1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state; (4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (5) One member shall represent registered family daycare homes, as defined in Code Section 49-5-3; (6) One member shall represent licensed or commissioned church or synagogue day-care centers; (7) One member shall be an expert or have special academic or research responsibilities in early childhood development; (8) One member shall represent a child care resource and referral agency; (9) One member shall represent a Head Start organization; and (10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House.

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The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. The appointive members shall serve for a term which expires June 30, 1994. (c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly. (d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such person's term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such person's membership on the council. (f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties of office. 49-5-242. (a) The Governor shall annually appoint a chairman and vice chairman of the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quarter and may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairman or a majority of the members of

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the council. The council shall meet at such times and at such designated places in the state as it may determine. (c) Nine members of the council shall constitute a quorum. (d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reimbursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses. 49-5-243. There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general policy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by monies available under the federal act. 49-5-244. The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council shall: (1) Provide a mechanism for the planning and coordination of child care programs among the agencies of the state and local levels; (2) Inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care; (3) Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act;

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(4) Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and at a minimum meeting the reporting requirements of the federal act; (5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the council and the realization of the Georgia child care plan to promote quality, affordable, and accessible child care for Georgia's children; (10) Develop requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act; (11) Promote consumer education to parents to help them select child care including the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. This Act shall be automatically repealed July 1, 1994. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 17, 1991. GEORGIA HOUSING AND FINANCE AUTHORITY CREATION; GENERAL PURPOSES; GEORGIA RESIDENTIAL FINANCE AUTHORITY ABOLISHED. Code Title 8, Chapter 3 Amended. Code Title 50, Chapter 26 Enacted. No. 543 (Senate Bill No. 95). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Residential Finance Authority; to provide for designation of the Georgia Housing and Finance Authority as the State Office of Housing; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Housing and Finance Authority; to provide for the Georgia Housing and Finance Authority to be a successor entity to the Georgia Residential Finance Authority; to provide for the general purposes of the Georgia Housing and Finance Authority with respect to financing and financial assistance for housing and enterprises; to provide for the membership, powers, duties, operations, obligations, rights, and liabilities of said authority; to provide for related matters; to make conforming amendments in various provisions of the Official Code of Georgia Annotated; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I Section 1-1. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing in general, is amended by striking in its entirety Article 3, relating to residential and family farm mortgages and housing and the Georgia Residential Finance Authority, and inserting in its place a new Article 3 to read as follows: ARTICLE 3 8-3-170. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing related matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Housing and Finance Authority as the State Office of Housing and assigns it the following powers and duties: (1) To be responsible for the planning, development, and implementation of a coordinated state housing program; (2) To provide technical and financial assistance on housing and housing related matters throughout the state; (3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly; (4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes;

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(5) To coordinate activities and work in conjunction with the Farmers Home Administration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and (6) To coordinate housing related activities and work in conjunction with private, federal, or quasi-governmental entities, which entities shall include, but not be limited to, the Federal Housing Administration, the United States Department of Veterans Affairs, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association. 8-3-171. The General Assembly affirms the state's policy to provide decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1990 session and continuing every even-numbered year thereafter. The report shall identify housing needs and housing accomplishments and outline plans for achieving the state housing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and any urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be required to assist the State Office of Housing to prepare its reports and perform its functions. Section 1-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 26 to read as follows: CHAPTER 26 50-26-1. This chapter shall be known and may be cited as the `Georgia Housing and Finance Authority Act.' 50-26-2. (a) The General Assembly finds that:

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(1) There exists an inadequate supply of, and a pressing need for, financing and financial assistance to ensure the provision or preservation of safe, decent, energy efficient, and affordable housing and an adequate system of housing finance for housing and housing related concerns within this state; and (2) There exists an inadequate supply of, and a pressing need for, financing and financial assistance to enterprises which desire to locate or improve or expand in the state, particularly those enterprises which desire to locate in the more rural areas of the state. (b) It is declared to be the public policy of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing employment and alleviation of unemployment in all phases of enterprise and housing; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance. (c) The General Assembly finds that the public policies of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assistance, either direct or indirect; that such public financing can best be provided by the creation of a state housing and finance authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or revenue bonds to provide financing for enterprises, for housing, and for housing finance; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted. (d) It is the intent of the General Assembly to create an instrumentality that can facilitate economic development and housing and housing finance throughout the state through its ability to access global capital markets and thereby provide credit to worthy businesses engaged in enterprises and located in or desiring to locate in this state or to provide housing or housing finance in this state on terms competitive with those available to businesses engaged in enterprises or available to

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those involved in housing or housing finance that are able to access directly such capital markets. (e) It is further the intent of the General Assembly that the authority created by this chapter work directly with and assist financial institutions and local development authorities in this state in creating, offering, delivering, and servicing such additional financing alternatives to businesses engaged in enterprises and to businesses and individuals involved in housing or housing finance. 50-26-3. The authority shall receive all assets of, and the authority shall be responsible for any contracts, leases, agreements, or other obligations of, the Georgia Residential Finance Authority. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for performance thereon as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. 50-26-4. As used in this chapter, the term: (1) `Authority' means the Georgia Housing and Finance Authority or any subsidiary corporation created by the board of directors of the Georgia Housing and Finance Authority pursuant to this chapter. (2) `Bonds' or `revenue bonds' means any bonds, revenue bonds, or other evidences of indebtedness of a securities nature, including refunding bonds, issued by the authority and offered to the public. (3) `Business' means any lawful activity engaged in for profit or not for profit, whether organized as a corporation; a partnership, either general or limited; a sole proprietorship; or otherwise. (4) `Cost of project,' `cost of any project,' or `cost of an enterprise' means, as the context may require, all, including but without limiting the generality of the foregoing, of the following:

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(A) All costs of acquisition, by purchase or otherwise, and all costs of installation, modification, repair, reconditioning, renovation, remodeling, extension, rehabilitation, or preservation incurred in connection with any project or part of any project; (B) All costs of real property, fixtures, equipment, or personal property used in or in connection with or necessary or convenient for any project or any facility or facilities related thereto, including, but not limited to, cost of land, interests in land, options to purchase, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates or the cost of securing any of the foregoing; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in connection with or necessary or convenient for any project or facility; (C) All financing charges, including, but not limited to, premiums and prepayment penalties, interest accrued before acquisition or refinancing of a project, loan or loan guarantee fees, and fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during operation of, or after completion of a project or facility; (D) The cost of architectural, engineering, legal, financing, surveying, planning, environmental reports and inspections, accounting services, and any and all other necessary technical personnel or other expenses necessary or incident to planning, providing, or determining the need for or the feasibility or practicability of a project or financial assistance to or financing of a project; (E) All fees for legal, accounting, bond, underwriting, trustee, paying agent, option provider, credit enhancement, and fiscal agent services for bondholders under any bond resolution, trust agreement, indenture, or similar instrument or agreement and all expenses incurred by any of the above;

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(F) The cost of plans and specifications for any project; (G) The cost of title insurance and title examinations with respect to any project; (H) Administrative costs, expenses, and fees rendered or incurred with respect to any project; (I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves; and (J) All costs of servicing any loans made or acquired. (5) `Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, or distributing goods; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shopping center, retail store or shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter. (6) `Facilities' means any real property, personal property, or mixed property of any and every kind. (7) `Housing' means a specific work or undertaking, whether acquisition, new construction, or rehabilitation, which is: (A) designed or financed for the primary purpose of providing safe, decent, energy efficient, appropriate, and affordable dwelling accommodations for persons and families of low or moderate income; or (B) designed or financed for special needs populations, including, but without limiting the generality of the foregoing, the aged, the infirm, the

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mentally disabled, the mentally ill, and the physically disabled; such undertakings may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as recreational, administrative, health care, commercial, community, and staff facilities as the authority deems incidental, necessary, convenient, or desirable appurtenances; retirement homes, centers, and related facilities; nursing homes and related facilities; residential care facilities for the elderly or disabled; and long-term or life-care facilities for the elderly or disabled; or (C) without regard to income, for those geographic areas in which, in the opinion of the authority, the development, preservation, or improvement of housing is necessary for the purposes of: (i) economic development or expansion; or (ii) retaining in or attracting to such area qualified human resources essential to industrial, business, commercial, and residential operations and development. Such undertakings may be either single-family dwellings or multifamily dwellings, energy improvements thereto, or other improvements thereto and may include cooperatives, condominiums, transitional housing, homeless shelters, single-room occupancy housing, and any other building which provides residential opportunities. (8) `Housing finance' means the purchase or acquisition of mortgages or participations therein; the making of loans or grants for housing; the administration of federal housing programs; the underwriting, servicing, and administration of mortgages or participations therein; and the allocation and administration of tax credits pertaining to housing. (9) `Local government' or `local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (10) `Operating capital' means the cost of general operation and administration of a business for a temporary period, not to exceed one year.

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(11) `Project' means housing and facilities used in connection therewith; housing finance; or facilities to be used by any enterprise other than those used in connection with the sale of goods at retail. (12) `State' means the State of Georgia. 50-26-5. (a) There is created a body corporate and politic to be known as the Georgia Housing and Finance Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority is assigned to the Department of Community Affairs for administrative purposes only. (c) The authority shall consist of 12 members, ten of whom are public members appointed by the Governor, with the remaining two members being the director of the Office of Planning and Budget and the Governor or the designee of the Governor. The public members shall be appointed with a view toward equitable geographic distribution and interest and expertise in one or more of the project areas. The public members are subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and are subject to removal for violation of the code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. (d) Three of the initial public members shall be appointed for an initial term of four years, three of the initial public members shall be appointed for an initial term of three years, and four of the initial public members shall be appointed for an initial term of two years. All subsequent terms shall be for four years. Each member shall hold office for the term of his or her appointment and until his or her successor shall be appointed and duly qualified. Any member may succeed himself or herself. All vacancies in the membership of the authority, whether caused by expiration of term of office, death, resignation, removal, or otherwise, shall be filled by appointment by the Governor. The term of any member appointed to fill an

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unexpired term shall be the remainder of the term of the member he or she replaced. (e) The authority shall elect from its membership a chair, a vice chair, a secretary, and such other officers as it may determine from time to time. Such officers shall serve for such terms as shall be prescribed by the bylaws of the authority or until their respective successors are elected and qualified. No member of the authority shall hold more than any one office of the authority. (f) The public members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chair, in which event such compensation shall be limited to 100 days during any one fiscal year. The ex officio members shall receive reimbursement for actual expenses incurred in the performance of their duties. (g) Except for the issuance of bonds, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee of the authority such powers and duties as it may deem proper. (h) The authority shall appoint an executive director who shall be the chief administrative officer of the authority and serve as an ex officio nonvoting member of the board of directors. (i) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or

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otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, or financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (j) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 50-26-6. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his or her authority, is subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or (2) Carrying out any of the powers given in this chapter. 50-26-7. (a) The powers of the authority shall be vested in the members of the board of directors in office from time to time; and a majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. (b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members. (c) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all duties of the board. 50-26-8. (a) The authority shall have any and all powers necessary or convenient to its usefulness in carrying out and effectuating the purposes and provisions of this chapter which are not in conflict with the Constitution of this state, including, but without limiting the generality of the foregoing, the following powers:

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(1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal; (3) To adopt, amend, and repeal bylaws, rules and regulations, and policies and procedures for the regulation of its affairs and the conduct of its business, the election and duties of officers and employees of the authority, and such other matters as the authority may determine; (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses; (5) To procure or to provide insurance against any loss in connection with its programs, property, and other assets; (6) To borrow money and to issue notes and bonds and other obligations to accomplish its public purposes and to provide for the rights of the lenders or holders thereof; (7) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, intangible property, revenues, income, charges, fees, or other funds and to execute any lease, trust indenture, trust agreement, resolution, agreement for the sale of the authority's bonds, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such bonds, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; the state, on behalf of itself and each political subdivision, public body corporate and politic, or taxing district therein, waives any right it or

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such political subdivision, public body corporate and politic, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (8) To purchase notes or participations in notes evidencing loans which are secured by mortgages or security interests and to enter into contracts in that regard; (9) To extend credit, to make loans, to participate in the making of loans, to enter into commitments for the purchase of mortgages or participations, to acquire and contract to acquire mortgages or participations, to provide credit enhancement, and to provide or procure insurance; (10) To collect fees and charges in connection with its bonds, loans, commitments, insurance, credit enhancement, and servicing, including, but not limited to, reimbursement of costs of financing; (11) To sell mortgages and security interests at public or private sale; to negotiate modifications or alterations in mortgage and security interests; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such mortgage or security interest at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations; (12) To service mortgages and to make and execute contracts for the servicing of mortgages made or acquired by the authority and to pay reasonable compensation for such servicing; (13) To make and execute contracts, agreements, and other instruments, including interest rate swap or currency

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swap agreements, and to take such other actions and do such other things as the authority may deem appropriate to provide credit enhancement for any of its bonds; (14) To receive and use the proceeds of any tax levied by the state or a local government or taxing district of the state enacted for the purposes of providing credit enhancement or for any other purpose for which the authority may use its own funds pursuant to this chapter; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) To acquire real and personal property in its own name to promote any of the public purposes of the authority or for the administration and operation of the authority; (17) To provide and administer grant moneys for any of the public purposes of the authority and to comply with all conditions attached thereto; (18) To contract for any period, not exceeding 50 years, with the state, any institution, department, agency, or authority of the state, or any local government within the state for the use by the authority of any facilities or services of any such entity or for the use by any such entity of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such entity with which the authority contracts are authorized by law to undertake; (19) To invest any accumulation of its funds, including, but without limiting the generality of the foregoing, funds received from the issuance of bonds and any sinking funds or reserves in any manner as it determines is in its best interests and to purchase its own bonds and notes; (20) To hold title to any project financed by it, but it shall not be required to do so;

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(21) To establish eligibility standards for financing and financial assistance and technical assistance authorized for projects under this chapter; (22) To sell or otherwise dispose of unneeded or obsolete equipment or property of every nature and every kind; (23) To lease as lessor any facility or any project for such rentals and upon such terms and conditions as the authority considers advisable and not in conflict with this chapter; (24) To sell by installment or otherwise to sell by option or contract for sale and to convey all or any part of any item of any project or facility for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this chapter; (25) To manage property, intangible, real, and personal, owned by the authority or under its control by lease or by other means; (26) To do any and all things necessary, desirable, convenient, or incidental for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the Constitution and laws of this state, including: (A) The power to retain accounting and other financial services; (B) The power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; (C) The power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and

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(D) The power to act as self-insurer with respect to any loss or liability and to create insurance reserves; (27) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. The members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such shall not constitute a conflict of interest. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; (28) To lease any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; and no such lease agreement shall be deemed to be a contract subject to any law requiring that contracts shall be let only after receipt of competitive bids; (29) To provide advisory, technical, consultative, training, management, educational, and project assistance services to the state and any institution, department, agency, or authority of the state, to any local government, or to any nonprofit or for profit business, corporation, partnership, association, sole proprietorship, or other entity or enterprise and to enter into contracts with the foregoing to provide such services; and the state, any institution, department, agency, or authority of the state, and any local government are authorized to enter into contracts with the

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authority for such services, to perform all duties required by the contract, and to pay for such services as may be provided them; (30) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insurance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; and (31) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority. (b) The powers enumerated in each paragraph of subsection (a) of this Code section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this Code section and elsewhere in this chapter and no such power limits or restricts any other power of the authority. (c) This chapter, being for the welfare of this state and being for the welfare of its citizens, shall be liberally construed to effect the purposes specified in this chapter. (d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Affairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished

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upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enterprise proposed to be financed by a local authority. 50-26-9. (a) The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, or authority of the state; any political subdivision of the state; or any other public agency, public corporation or public authority or otherwise for: (1) enterprises; (2) housing; and (3) housing finance. (b) 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 bonds or income derived by the holders of the evidence of such indebtedness or bonds is, for purposes of federal taxation, includable in the taxable income of the recipients of such payments or is otherwise not exempt from the imposition of such taxation on the recipient. (c) No bonds, notes, or other obligations of, and no indebtedness incurred by, the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, that the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to

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pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. (e) The state does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged or funds for the payment of such are fully provided. The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-26-10. (a) The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the `Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter is necessary to the performance of any act authorized in this chapter; nor is any such act subject to referendum. (b) The authority shall fix such rates, fees, and charges for loans and for use of its services and facilities as is sufficient in the aggregate (when added to any other grants or funds available to the authority) to provide funds for the payment of the interest on and principal of all bonds payable from said revenues and to meet all other encumbrances upon such revenues as

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provided by any agreement executed by the authority in connection with the exercise of its powers under this chapter and for the payment of all operating costs and expenses which shall be incurred by the authority, including provisions for appropriate reserves, except for funds appropriated to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund with respect to any bonds issued by the authority as guaranteed revenue debt; provided, however, that such costs and expenses shall include any reimbursement to the State of Georgia Guaranteed Revenue Debt Common Reserve Fund because of any payments made from such fund for any guaranteed revenue debt issued by the authority. (c) The use and disposition of the authority's revenue is subject to the provisions of the resolutions authorizing the issuance of any bonds payable therefrom or of the trust agreement or indenture, if any, securing the same. The authority may designate any of its bonds as general obligations or may limit the source of repayment pursuant to the resolution authorizing the issuance of the bonds. (d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced. (e) Bonds may be issued under this chapter in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 40 years from their respective dates; may bear interest at such rate or rates, payable at such time or

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times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form, either coupon or registered or book entry; may be issued in such specific amounts; may carry such registration, conversion, and exchangeability privileges; may be declared or become due before the maturity date thereof; may provide such call or redemption privileges; may have such rank or priority; may be the subject of a put or agreement to repurchase by the authority or others; may be resold by the authority, once acquired, without the acquisition being considered the extinguishment of the bonds; may be issued for a project or for more than one project, whether or not such project is identified at the time of bond issuance; and may contain such other terms, covenants, assignments, and conditions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. The authority may sell such bonds in such manner, at such price or prices, and on such terms and conditions as the authority determines. (f) The bonds must be signed by the chair or vice chair of the authority; the corporate seal of the authority must be impressed, imprinted, or otherwise reproduced on the bonds; and the bonds must be attested by the signature of the secretary or assistant secretary of the authority. The signatures of the officers of the authority and the seal of the authority on any bond issued by the authority may be facsimile if the instrument is authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under authority of this chapter bearing signatures or facsimiles of signatures of officers of the authority in office on the date of the signing thereof are valid and binding, not-withstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon have ceased to be officers of the authority. Pending the preparation of the definitive bonds, interim certificates, in such form and with such provisions as the authority may determine, may be issued to the purchasers of bonds to be issued under this chapter. (g) The provisions of this chapter and of any bond resolution, indenture, or trust agreement entered into pursuant to this chapter are a contract with every holder of the bonds; and the duties of the authority under this chapter and under any

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such bond resolution, indenture, or trust agreement are enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity. (h) The authority may provide for the replacement of any bond which becomes mutilated, lost, or destroyed in the manner provided by the resolution, indenture, or trust agreement. (i) (1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $985 million, excluding bonds and notes issued to refund outstanding bonds and notes. (2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes. (3) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the `Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority. (j) All bonds issued by the authority under this chapter shall be issued and shall be validated by the Superior Court of Fulton County, Georgia, under and in accordance with the procedures set forth in Code Sections 36-82-73 through 36-82-83, which comprise a portion of the `Revenue Bond Law,' as now or hereafter in effect, except as provided in this chapter. Notes and other obligations of the authority may be, but are not required to be, so validated. (k) All bonds must bear a certificate of validation signed by the clerk of the Superior Court of Fulton County, Georgia. Such signature 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 is

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original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (l) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation and confirmation shall be as follows for each bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 for each bond over 500. (m) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest (which may be fixed or may fluctuate or otherwise change from time to time) specified in such notices and the petition and complaint or may state that, if the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (n) Prior to issuance, all bonds shall be subject to the approval of the Georgia State Financing and Investment Commission. (o) Any other law to the contrary notwithstanding, this chapter shall govern all civil claims, proceedings, and actions respecting debt of the authority evidenced by bonds. 50-26-11. The bonds authorized by this chapter are securities in which: (1) All public officers and bodies of this state;

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(2) All local governments of this state; (3) All insurance companies and associations and other persons carrying on an insurance business; (4) All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; (5) All administrators, guardians, executors, trustees, and other fiduciaries; and (6) All other persons whomsoever who are authorized to invest in bonds or other obligations of this state may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are also securities which may be deposited with and shall be received by all public officers and bodies of this state and local governments for any purpose for which deposit of the bonds or other obligations of this state is authorized. 50-26-12. (a) All or any part of the gross or net revenues and earnings derived from any particular loan or loans and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular loan or loans for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any indenture or trust agreement pertaining to such bonds. (b) Such funds so pledged, from whatever source received, may include funds received from one or more of all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or indenture or trust agreement, which sinking funds may be pledged to and charged with the payment of: (1) The interest on such bonds as such interest becomes due;

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(2) The principal of the bonds as the same mature; (3) The necessary charges of any trustee, paying agent, or registrar for such bonds; (4) Any premium on bonds retired on call or purchase; and (5) Reimbursement of a credit enhancement provider who has paid principal of or premium or interest on any bond. (c) The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same. 50-26-13. (a) Any issue of bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. (b) The resolution providing for the issuance of bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rates, fees, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include covenants setting forth the duties to the authority regarding the custody, safeguarding, and application of all

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funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or proceeds of insurance carried thereon. In addition, such resolution, trust agreement, or indenture may include covenants providing for the operation, maintenance, repair, and insurance of any facility or capital improvements constructed or acquired with loan proceeds. (d) All expenses incurred in carrying out any trust agreement or indenture under this Code section may be treated as a part of the cost of financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture. 50-26-14. (a) All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or other obligations, as grants or other contributions, or as revenues and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority shall, in the resolution providing for the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the earnings and revenues to be received to any officer 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 chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide. (b) The authority may pledge for the payment of its bonds such assets, funds, and properties as the resolution providing for the issuance of its bonds may provide. Any such pledge made by the authority is valid and binding from the time when the pledge is made; the moneys or properties so pledged and thereafter received by the authority are immediately subject to the lien of such pledge without any physical delivery thereof or further act; and the lien of any such pledge is valid and binding as against all parties having claims of any kind against the authority, irrespective of whether such parties have notice thereof. No resolution or any other instrument by which a pledge is created need be recorded. 50-26-15. (a) The state auditor shall make an annual audit of the books, accounts, and records of the authority with

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respect to its receipts, disbursements, contracts, mortgages, leases, assignments, loans, and all other matters relating to its financial operations. The state auditor shall place the audit report on file in his or her office, make the report available for inspection by the general public, and shall submit a copy of the report to the General Assembly. (b) In addition to the annual audit report, the authority shall render to the state auditor every six months a report setting forth in detail a complete analysis of the activities, indebtedness, receipts, and financial affairs of the authority. 50-26-16. The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have bonds or other obligations outstanding, unless adequate provision has been made for the payment thereof. On termination of the existence of the authority, all its rights and properties shall pass to and be vested in the State of Georgia. 50-26-17. (a) The authority may directly acquire, manage, develop, and dispose of real property and improvements thereon as it deems necessary or desirable to provide adequate housing within the state. (b) The authority may issue bonds for reverse equity mortgages to enable the elderly to maintain a decent and appropriate residence while providing necessary cash for living expenses. (c) 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 housing units in the metropolitan statistical areas of this state and at least one-third of the total proceeds available for mortgage loans shall be set aside to finance housing units outside of the metropolitan statistical areas of this state. The time period for the geographic set aside shall be 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

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housing units financed by the authority. No geographic distribution requirement shall apply to refunding bonds or recycled proceeds or to qualified mortgage bonds issued to spur economic and housing development in a discrete geographic area. (d) The authority may receive and administer any and all federal funds, state funds, or funds, grants, or gifts from other sources which are intended to promote the availability or affordability of housing and housing finance within the state. (e) The authority is the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law; provided, however, that any urban residential finance authority is permitted to issue mortgage credit certificates but only if the urban residential finance authority adopts purchase price and income limits consistent with those adopted by the Georgia Housing and Finance Authority for the mortgage credit certificate program. (f) Code Section 44-14-5 shall not be applicable to mortgage loans purchased, made, or otherwise financed by the authority. 50-26-18. Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic development for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establishment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; or to establish revolving funds from which short-term or long-term loans can be made to such businesses, but only if in all such cases the proceeds of the loans to such enterprises are utilized to construct facilities of or to make capital improvements to facilities of an enterprise; and to do all things deemed by the authority to be necessary, convenient,

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and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Part II Section 2-1. Code Section 8-3-301 of the Official Code of Georgia Annotated, relating to definitions pertaining to the State Housing Trust Fund for the Homeless, is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: (1) `Authority' means the Georgia Housing and Finance Authority created in Code Section 50-26-5. Section 2-2. Code Section 36-82-182 of the Official Code of Georgia Annotated, relating to definitions pertaining to the Georgia Allocation System, is amended by striking paragraph (19) and inserting in its place a new paragraph (19) to read as follows: (19) `Georgia Housing and Finance Authority' means the authority established under Chapter 26 of Title 50. Section 2-3. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by striking the term Georgia Residential Finance Authority and inserting in its place the term Georgia Housing and Finance Authority: (1) Code Section 8-3-306, relating to the State Housing Trust Fund for the Homeless Commission; (2) Subsection (b) of Code Section 8-3-310, relating to disbursement of funds from the State Housing Trust Fund for the Homeless; (3) Subsection (b) of Code Section 16-9-55, relating to criminal offenses involving public housing; (4) Paragraph (23) of subsection (a) of Code Section 36-41-5, relating to powers of urban residential finance authorities;

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(5) Code Section 36-41-12, relating to competition between urban residential finance authorities and the Georgia Residential Finance Authority; (6) Code Section 36-82-190, relating to reservations from the housing share of the Georgia Allocation System; (7) Paragraph (1) of subsection (b) of Code Section 36-82-195, relating to policy guidelines for the Georgia Allocation System; (8) Subsection (j) of Code Section 44-14-5, relating to prohibited practices in residential real estate transactions; (9) Paragraph (2) of subsection (a) of Code Section 50-8-13, relating to administrative assignment of agencies to the Department of Community Affairs; (10) Paragraph (9) of Code Section 50-17-21, relating to definitions pertaining to the Georgia State Financing and Investment Commission. Part III Section 3-1. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991.

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MOTOR VEHICLE LICENSE PLATES 1996 OLYMPIC GAMES COMMEMORATIVE PLATES; LICENSING AGREEMENTS. Code Section 40-2-46 Enacted. No. 544 (House Bill No. 261). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia; to authorize the Fiscal Affairs Subcommittees of the House of Representatives and the Senate to negotiate and execute licensing agreements or other agreements for this purpose; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding at the end thereof a new Code Section 40-2-46 to read as follows: 40-2-46. (a) The City of Atlanta and the State of Georgia having been selected by the International Olympic Committee to host the 1996 Olympic Games, there shall be issued beginning in 1992 special license plates to commemorate the holding of the 1996 Olympic Games. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the 1996 Olympic Games. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar years 1991 through 1996, any motor vehicle owner who is a resident of Georgia, upon complying

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with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of not more than $50.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Notwithstanding any contrary provisions of Code Section 40-2-31, such special license plates may be used until December 31, 1996, and until such date as the owner is required to reregister the vehicle in 1997; and revalidation decals shall, upon payment of an annual renewal fee of not more than $25.00 in addition to all other fees required by law, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34, be issued for such special license plates in calendar years 1992 through 1996, as provided in subsection (d) of Code Section 40-2-31. In calendar years 1992 through 1996 such special license plates may be transferred between vehicles as provided in Code Section 40-2-80. (d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Olympic logo on license plates or as may otherwise be necessary or appropriate to implement this Code section. The Fiscal Affairs Subcommittees of the House of Representatives and the Senate are authorized, on behalf of the state, to negotiate and execute any such licensing agreement or other agreement necessary or appropriate to the implementation 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 18, 1991.

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GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY MEMBERS; QUALIFICATIONS. Code Section 50-23-3 Amended. No. 545 (Senate Bill No. 96). AN ACT To amend Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 50-23-3 of the Official Code of Georgia Annotated, relating to creation of the Georgia Environmental Facilities Authority, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of industry, trade, and tourism, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as he remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the expiration of these terms, the terms of all succeeding members shall be for four years.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY ADDITIONAL MEMBERS; TERMS. Code Section 10-9-6 Amended. No. 546 (Senate Bill No. 100). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the Geo. L. Smith II Georgia World Congress Center Act, so as to add two members to the board of governors of the authority; to change provisions relating to the selection and term of service of members; 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 10 of the Official Code of Georgia Annotated, the Geo. L. Smith II Georgia World Congress Center Act, is amended by striking subsection (a) of Code Section 10-9-6, relating to the board of governors, and inserting in its place a new subsection (a) to read as follows: (a) The board of governors of the authority shall consist of 11 members. Each member shall serve for a term of four years, with the beginning and ending dates of terms to be specified

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by the Governor except that the two additional positions shall be appointed for initial terms ending July 1, 1993, but their successors shall be appointed for four year terms. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991. PERSONS REPRESENTING STATE DEPARTMENTS, AGENCIES, BOARDS, COMMISSIONS, OR AUTHORITIES REGISTRATION; FEE EXEMPTION. Code Section 28-7-2 Amended. No. 547 (House Bill No. 268). AN ACT To amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee; to provide for an exception; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing persons or organizations before the General Assembly, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-7-2 to read as follows: 28-7-2. (a) Every person representing, with or without compensation, any person, firm, corporation, association, or organization or who is designated to represent any department, board, agency, commission, or authority of state government for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name of the person, firm, corporation, association, or organization or the state department, board, agency, commission, or authority that he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to enter promptly therein the names of the parties appearing and on whose behalf they appear. Such docket shall be open to inspection. (b) Each person registering with the Secretary of State shall pay to him a registration fee of $5.00, provided that a person who represents any department, board, agency, commission, or authority of state government shall be exempted from payment of such registration fee. As soon as practicable after registering any such person, the Secretary of State shall issue to him an identification card which shall have printed thereon the name of the registered person and the person, firm, corporation, association, or organization or state department, board, agency, commission, or authority he represents, provided that, when any such person represents more than one person, firm, corporation, association, or organization or state department, board, agency, commission, or authority, such identification card shall have printed thereon the name of the registered person

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and the words `REGISTERED AGENT.' Any such person, while in the state capitol during such times as the General Assembly shall be in session, shall have said identification on his person and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each house of the General Assembly those persons who have registered with him, along with the respective persons, firms, corporations, or associations or state departments, boards, agencies, commissions, or authorities they represent. During sessions of the General Assembly, the Secretary of State shall periodically report to each house those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibility of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the respective rules committees shall have the responsibility of reporting such violations to appropriate officials. (c) Subsections (a) and (b) of this Code section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either house of the General Assembly. (d) Subsections (a) and (b) of this Code section shall not be construed to apply to any person who appears before a committee of either or both houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not otherwise required to comply with subsections (a) and (b) of this Code section. (e) Subsections (a) and (b) of this Code section shall not apply to any employee of any department, board, agency, commission, or authority of state government appearing before a legislative committee at the committee's request or to any person who furnishes information upon the specific request of a

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member of the General Assembly or of a department head or constitutional officer representing that department or office. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991. STONE MOUNTAIN MEMORIAL ASSOCIATION ADDITIONAL MEMBERS; TERMS OF OFFICE. Code Section 12-3-193 Amended. No. 548 (Senate Bill No. 98). AN ACT To amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, so as to add two members to the association; to change provisions relating to the selection and terms of service of members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Association, is amended by striking subsections (a) and (b) of Code Section 12-3-193, relating to members of the association and related matters, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The association shall be composed of the commissioner of natural resources and seven members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor

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shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, 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. (b) The constitutional officers named to the association shall immediately enter upon their duties without further act or formality, and the persons appointed by the Governor shall be confirmed by the Senate as provided by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991.

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LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ADDITIONAL MEMBERS; TERMS OF SERVICE. Code Section 12-3-312 Amended. No. 549 (Senate Bill No. 99). AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, is amended by striking Code Section 12-3-312, relating to members of the authority, and inserting in its place a new Code Section 12-3-312 to read as follows: 12-3-312. (a) The authority shall consist of nine members as follows: the commissioner of natural resources and eight additional members appointed by the Governor as follows: (1) Five members from the state at large; (2) One member from Forsyth County; (3) One member from Hall County; and (4) One member from Gwinnett County. Each member appointed by the Governor under this Code section shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Governor, and until his successor is appointed and has qualified.

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(b) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary, but it is under no obligation to do so. (d) Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (f) All members of the authority shall immediately enter upon their duties without further act or formality. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1991.

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JAMES EARL CARTER, JR. TRIBUTE COMMISSION CREATION. No. 51 (House Resolution No. 402). A RESOLUTION Creating the James Earl Carter, Jr. Tribute Commission; and for other purposes. WHEREAS, Honorable James Earl Carter, Jr., former United States President and Governor of the State of Georgia, became one of Georgia's most influential leaders; and WHEREAS, born in Sumter County in 1924, Jimmy Carter graduated from the United States Naval Academy and achieved an outstanding scholastic record throughout his education; and WHEREAS, he served our nation in the Navy, working under the guidance of Admiral Hyman Rickover in the development of the nuclear navy; and WHEREAS, upon his father's death in 1953, he resigned his commission and returned to Plains, Georgia, to work on his own farm and to continue a small business of his father's selling fertilizer and farm supplies; and WHEREAS, he gained great political experience as the chairman of the Sumter County School Board and as a state Senator, later serving as Governor for four years during which time Georgia made great strides in the areas of education, mental health, and social services and in state organization; and WHEREAS, during his term of office as President of the United States, he earned respect for his work on a national energy policy and on the creation of the Department of Education; and WHEREAS, during his term of office as President of the United States, he elevated the issue of human rights to an international level and was respected for numerous foreign policy achievements, including the Camp David Accords, the Panama Canal Treaty, the Strategic Arms Limitation Talks with the Soviet

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Union, and the opening of diplomatic relations with the People's Republic of China; and WHEREAS, the results of his dedicated public service are still felt in the United States, the State of Georgia, and throughout the world through his work with Habitat for Humanity, the Carter Center, and as an international observer; and WHEREAS, it is fitting and proper that a proper tribute be created as a lasting testimony to his contributions to Georgia and the United States. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the James Earl Carter, Jr. Tribute Commission to be composed of six members as follows: two members shall be private citizens appointed by the Governor; two members shall be private citizens appointed by the Speaker of the House of Representatives; and two members shall be private citizens appointed by the President of the Senate. The Governor shall designate one of his appointees as chair of the commission. The commission is empowered to provide for the creation of an appropriate tribute on state property to the Honorable James Earl Carter, Jr. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished. Approved April 18, 1991.

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ELECTRIC UTILITIES INTEGRATED RESOURCE PLANNING; DEFINITIONS; PLANS; FILINGS; CONTENTS; CERTIFICATION; PUBLIC SERVICE COMMISSION; SUPERVISION. Code Title 46, Chapter 3A Enacted. No. 550 (House Bill No. 280). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities; to provide for definitions; to provide for an integrated resource plan, filings and contents thereof, hearings thereon, fees therefor, and action by the Public Service Commission thereon; to require certification prior to construction or sale of electric plants, long-term power purchases, expenditures for demand-side capacity options, and certain increases or decreases in capacity; to provide for applications for certificates and the contents thereof, fees therefor, and hearings thereon; to provide for a statement of intent; to provide for commission orders and failure to act; to provide for contents of and certain actions relating to certificates; to provide for certificate reexaminations and the powers of the commission and recovery rights of the utility with regard thereto; to provide for recovery of construction costs, for ongoing review of construction and for revisions, actions by the commission relating to construction, and investment recovery; to provide for recovery of costs and other returns for plant construction, certificated power purchases, and demand-side capacity options; to provide for sharing of certain benefits; to provide for the basis of commission decisions and judicial review thereof but otherwise limit relitigation; to provide for rates; to provide for presumptions; to limit certificate preemption of certain matters; to provide for inapplicability and examptions; 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:

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Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities, is amended by adding immediately following Chapter 3 a new Chapter 3A to read as follows: CHAPTER 3A 46-3A-1. As used in this chapter: (1) `Capacity resource' means an electric plant, a longterm power purchase, or a demand-side capacity option. (2) `Commission' means the Georgia Public Service Commission. (3) `Construction' means clearing of land, excavation, or other substantial activity leading to the operation of an electric plant other than planning, land surveying, land acquisition, subsurface exploration, design work, licensing or other regulatory activity, contracting for construction, or environmental protection measures and activities associated therewith. (4) `Demand-side capacity option' means a program proposed by a utility or the commission for the reduction of future electricity requirements the utility's Georgia retail customers would otherwise impose, including, but not limited to, conservation, load management, cogeneration, and renewable energy technologies. (5) `Electric plant' means any facility, or the portion of a facility, that produces electricity or that, at the time application for certification is made pursuant to this chapter, is intended to produce electricity for a utility's Georgia retail customers. `Electric plant' includes the realty and ancillary facilities for the construction of the plant. (6) `Long-term power purchase' means a purchase of electric capacity and energy for a period exceeding one year, the principal purpose of which is to supply the requirements of the Georgia retail customers of a utility. (7) `Plan' means an integrated resource plan which contains the utility's electric demand and energy forecast

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for at least a 20 year period, contains the utility's program for meeting the requirements shown in its forecast in an economical and reliable manner, contains the utility's analysis of all capacity resource options, including both demand-side and supply-side options, and sets forth the utility's assumptions and conclusions with respect to the effect of each capacity resource option on the future cost and reliability of electric service. The plan shall also: (A) Contain the size and type of facilities which are expected to be owned or operated in whole or in part by such utility and the construction of which is expected to commence during the ensuing ten years or such longer period as the commission deems necessary and shall identify all existing facilities intended to be removed from service during such period or upon completion of such construction; (B) Contain practical alternatives to the fuel type and method of generation of the proposed electric generating facilities and set forth in detail the reasons for selecting the fuel type and method of generation; (C) Contain a statement of the estimated impact of proposed and alternative generating plants on the environment and the means by which potential adverse impacts will be avoided or minimized; (D) Indicate in detail the projected demand for electric energy for a 20 year period and the basis for determining the projected demand; (E) Describe the utility's relationship to other utilities in regional associations, power pools, and networks; (F) Identify and describe all major research projects and programs which will continue or commence in the succeeding three years and set forth the reasons for selecting specific areas of research;

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(G) Identify and describe existing and planned programs and policies to discourage inefficient and excessive power use; and (H) Provide any other information as may be required by the commission. (8) `Supply-side capacity option' means an electric plant, a long-term power purchase, or any other source of additional energy. (9) `Utility' means any electric supplier whose rates are fixed by the commission. 46-3A-2. (a) On or before January 31, 1992, and at least every three years thereafter as may be determined by the commission, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan. At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan. After the hearing, the commission shall determine whether: (1) The utility's forecast requirements are based on substantially accurate data and an adequate method of forecasting; (2) The plan identifies and takes into account any present and projected reductions in the demand for energy which may result from measures to improve energy efficiency in the industrial, commercial, residential, and energy-producing sectors of the state; and (3) The plan adequately demonstrates the economic, environmental, and other benefits to the state and to customers of the utility, associated with the following possible measures and sources of supply: (A) Improvements in energy efficiency;

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(B) Pooling of power; (C) Purchases of power from neighboring states; (D) Facilities which operate on alternative sources of energy; (E) Facilities that operate on the principle of cogeneration or hydro-generation; and (F) Other generation facilities and demand-side options. (c) Within 120 days after the filing of each integrated resource plan, the commission shall approve and adopt an integrated resource plan. 46-3A-3. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is included in the retail rate base or which has been certified, enter into a long-term purchase of electric power, or make expenditures for a demandside capacity option for serving the utility's Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, sale, purchase, or expenditure. (b) No utility shall increase or decrease the capacity of: (1) A generating unit of an electric power plant; (2) A long-term power purchase; or (3) A demand-side capacity option by more than 15 percent of its demonstrated capacity in megawatts for serving the utility's Georgia retail customers without first obtaining a certificate or an amendment to a certificate, as appropriate, that public convenience or necessity requires or will require such increase or decrease; provided, however, no certificate shall be required if the increase or decrease is caused by a rule, regulation, or law mandated by any duly constituted local, state, or federal governmental body or

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agency or is caused by power pooling, forced or maintenance outages, or short-term sales for a period of less than one year. 46-3A-4. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that the proposed resource is proposed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility, that the certificate is required by the public convenience and necessity, and that the certificate complies with the provisions of this chapter and the rules of the commission. (b) The utility's application for a certificate shall be accompanied by its current integrated resource plan, whether or not previously filed. (c) The utility's application for a certificate shall contain a cost-benefit analysis covering the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource proposed to be certificated shall be presented in such reasonable detail as the commission may require. 46-3A-5. (a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter. (b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shall conduct a public hearing on the application. Within 300 days after filing of the first such application and within 180 days after filing of each application thereafter, the commission shall issue an order adopting a forecast of future Georgia retail electricity requirements of the utility and describing in what manner the prospective certificate relates to the integrated resource plan and either granting the requested certificate or denying the requested certificate and authorizing a specific alternative means of supplying the requirements found by the commission to exist. Each certificate shall describe the capacity resource, its approximate construction or implementation schedule, and its approved cost. If the commission fails to so act within 300 days after the first such application has been made and within 180 days after each subsequent application has been made, the forecast

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application and certificate shall be deemed granted by operation of law. (c) Within 60 days after the filing of an integrated resource plan or an application has been made with the commission for a certificate or amendment, the commission shall establish a fee therefor and notify the applicant thereof. The fee amount so established shall be in an amount reasonably necessary to defray the expense of the commission in reviewing the plan or determining whether to grant the application, including but not limited to the expense of conducting any certification proceedings required for such application. The fee so established shall not be recoverable from ratepayers of the applicant if the application or certification is denied nor shall the fee for review of the plan or any subsequent amendment thereto be recoverable from ratepayers. Such fee must be remitted to the commission before the commission may take any further action upon the application. For purposes of any time periods established in subsection (b) of this Code section and subsection (c) of Code Section 46-3A-2, an application shall be deemed to have been filed only when the fee established therefor has been remitted to the commission. In the event a joint application is filed by more than one utility, a single such fee only shall be required. The funds assessed and collected pursuant to this subsection shall be deposited in the state's general fund. 46-3A-6. Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine whether new forecasts of future requirements require the modification of the construction, purchase, sale, or expenditure for a certificated capacity resource. If upon such reexamination the commission finds that the certificated capacity resource is no longer needed or that any additional certificated capacity resource is needed to assure a reliable supply of electric power and energy for the utility's Georgia retail customers, the commission may modify or revoke the certificate. If the utility cancels, abandons, or increases some or all of the capacity resource as a result of such modification or revocation of the certificate, it may recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its

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investment in such capacity resource, along with the cost of carrying the unamortized portion of that investment, net of actual salvage value, to the extent such investment is verified as made pursuant to the certificate. The commission shall disallow such investment and costs resulting from fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct. 46-3A-7. (a) So long as the commission has not modified or revoked the certificate for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to add to its rate base upon completion of the plant construction costs that do not exceed 100 percent of those approved by the commission under Code Section 46-3A-5, Code Section 46-3A-6, or subsection (b) of this Code section, that construction cost amount may be excluded from the rate base only on the basis of fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct. Inclusion of costs in excess of 100 percent of those approved by the commission shall not be permitted unless shown by the utility to have been reasonable and prudent. (b) In addition to the review of the continuing need for an electric plant under construction prescribed in Code Section 46-3A-6, the commission, upon its own motion, may conduct or the utility may request that the commission conduct an ongoing review of such construction as it proceeds. Every one to three years, or at such lesser intervals upon the direction of the commission or request of the utility, the applicant shall file a progress report and any proposed revisions in the cost estimates, construction schedule, or project configuration. Within 180 days of such filing, the commission shall verify and approve or disapprove expenditures made pursuant to the certificate and shall approve, disapprove, or modify any proposed revisions. If the commission fails to so act within 180 days after such filing, the previous expenditures and any proposed revisions shall be deemed approved by operation of law. (c) If the commission verifies expenditures as made pursuant to a certificated capacity resource, that verification forecloses subsequent exclusion of those costs from the utility's rate base, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.

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(d) If the commission disapproves of all or part of the proposed revisions and the utility cancels construction of some or all of the facility as a result of the disapproval, the utility may recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its actual investment, net of actual salvage value, in the partially completed portion of the facility along with the cost of carrying the unamortized balance of that investment to the extent such investment is verified as made pursuant to the certificate. 46-3A-8. The approved or actual cost, whichever is less, of purchase of any certificated long-term power purchase shall be recovered in rates by the utility, along with an additional sum as determined by the commission to encourage such purchases. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers. 46-3A-9. The approved or actual cost, whichever is less, of any certificated demand-side capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission to encourage the development of such resources. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers. 46-3A-10. In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission's decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modified by the commission shall result in a presumption of prudence. The commission's findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters incidental to construction of electric generating plants.

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46-3A-11. This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission. Section 2. This Act shall become effective on January 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1991. GAS UTILITIES RATES; ACCOUNTING METHODS. Code Section 46-2-26.4 Enacted. No. 551 (House Bill No. 514). 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 provide accounting methods to be used by gas utilities in rate-making proceedings; 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. 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 between Code Sections 46-2-26.3 and 46-2-27 a new Code Section 46-2-26.4 to read as follows:

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46-2-26.4. (a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility. (b) In any proceeding to determine the rates to be charged by a gas utility, the gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 month period commencing five months from the proposed effective date of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1991.

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CONSUMERS' UTILITY COUNSEL PERFORMANCE AND MANAGEMENT AUDITS; ASSISTANTS, PERSONNEL, AND EXPERTS; REPEAL DATE. Code Sections 46-10-3.1, 46-10-6, and 46-10-9 Amended. No. 552 (Senate Bill No. 101). AN ACT To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change provisions relative to performance and management audits; to change provisions relative to employment of assistants, consultants, experts, professionals, and other persons; to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking Code Section 46-10-3.1, relating to performance and management audits, and inserting in its place a new Code section to read as follows: 46-10-3.1. Prior to January 1, 1993, and again prior to January 1, 1995, the state auditor shall perform a performance and management audit of the consumers' untility counsel. A copy of the performance and management audit shall be submitted by January 1, 1993, and January 1, 1995, to the Industry Committee of the House of Representatives and to the Finance and Public Utilities Committee of the Senate, or to their respective successor committees having jurisdiction over the subject matter. Section 2. Said chapter is further amended by striking Code Section 46-10-6, relating to employment of personnel, and inserting in its place a new Code section to read as follows:

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46-10-6. The counsel is authorized to employ such assistants as he may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, as may be necessary to carry out his duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the office of the Governor for such purposes. The consumers' utility counsel shall keep suitable and proper records of all such expenditures and shall provide the same to the administrator as of the first of each month. The compensation of the counsel and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes. Section 3. Said chapter is further amended by striking in its entirety Code Section 46-10-9, relating to the automatic repeal of the chapter, and inserting in lieu thereof a new Code Section 46-10-9 to read as follows: 46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective April 1, 1995. Section 4. This Act shall become effective June 30, 1991. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1991.

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INCOME TAXESCREDITS; EMPLOYERS PROVIDING BASIC SKILLS EDUCATION TO EMPLOYEES. Code Section 48-7-41 Enacted. No. 553 (House Bill No. 263). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxation, so as to provide a credit against income taxes otherwise due to certain employers who provide certain basic skills education to certain employees; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxation, is amended by adding immediately after Code Section 48-7-40 a new Code section 48-7-41 to read as follows: 48-7-41. (a) As used in this Code section, the term: (1) `Approved basic skills education' means employer provided or employer sponsored education that meets the following conditions: (A) It enhances reading, writing, or mathematical skills up to and including the twelfth-grade level for employees who are otherwise unable to function effectively on the job due to deficiencies in those areas or who would otherwise be displaced because such skill deficiencies would inhibit their training for new technology; (B) It is approved and certified by the Department of Technical and Adult Education; and

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(C) The employer does not require the employee to make any payment for the education, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) `Cost of education' means direct instructional costs as defined by the Department of Technical and Adult Education including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) `Employee' means any employee resident in this state who is employed for at least 24 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) `Employer' means any employer upon whom an income tax is imposed by this chapter. (5) `Employer provided' refers to approved basic skills education offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) `Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved basic skills education that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved basic skills education program. The amount of the tax credit shall be equal to one-third of the costs of education per full-time equivalent student, or $150.00 per full-time equivalent student, whichever is less, for each employee who has successfully completed an approved basic skills education program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of education. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed the amount of the taxpayer's

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income tax liability for the taxable year as computed without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the approved basic skills education provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved basic skills education pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved basic skills education. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored basic skills education programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, and progressive levels of instruction and standardized measures of employee evaluation to determine successful completion of a course of study. Section 2. This Act shall become effective January 1, 1992, and shall apply with respect to taxable years beginning on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991.

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RURAL FACILITIES ECONOMIC DEVELOPMENT ACT DEFINITIONS; COMMITTEES; PLANS; FUNDS; OVERSIGHT; ECONOMIC AND CIVIC DEVELOPMENT. Code Title 50, Chapter 8, Article 9 Enacted. No. 554 (House Bill No. 488). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties; to provide a short title; to provide legislative findings; to provide definitions; to provide for facilities development committees in less developed counties; to provide for the appointment and terms of members; to provide for the designation of such committees; to provide for duties of such committees; to provide for conflict resolution; to provide for the submission, review, and approval or disapproval of certain facilities development plans; to provide for the appropriation of funds; to provide for duties and responsibilities of certain county governing authorities; to provide for oversight; to provide for the development of certain facilities in less developed counties for economic and civic development; to provide for annual reports and accounting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by inserting at the end thereof a new Article 9 to read as follows: ARTICLE 9 50-8-210. This article shall be known and may be cited as the `Rural Facilities Economic Development Act.' 50-8-211. The General Assembly finds that in recent years rural Georgia has undergone a severe economic recession.

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It is evident that an investment in the economic situation of the state's most distressed counties would result not only in an improvement in the quality of life for the citizens of those counties but also in the economic health of the entire state by increasing the state's total economic growth. There is a serious need in those less developed counties for jobs and for many fundamental community facilities which are essential to an improved quality of life and an equal opportunity for economic development. The facilities needs of each less developed county are individually specific and the citizens of each such community will as a part of the growth strategies program determine which needs are of most importance and worth to their community. Those economically distressed counties in many cases have exhausted all available funding resources in an attempt to help themselves but still do not have the economic ability to supply their facilities needs without substantial assistance from the state. It is therefore essential that the General Assembly provide funding assistance to make possible the construction of such facilities as each county may determine necessary, based on need, priorities, merit, and planning, to improve the quality of life and economic development in the most economically distressed counties of this state. 50-8-212. As used in this article, the term: (1) `Board' means the Board of Community Affairs. (2) `Commissioner' means the commissioner of community affairs. (3) `Comprehensive plan' means any plan by a county or municipality relating to the facilities needs of such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department in accordance with Article 1 of this chapter. (4) `Conflict' means any conflict, dispute, or inconsistency relating to a local plan or to the priority of the facilities needs in a local plan arising within a facilities development committee created pursuant to this article.

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(5) `Department' means the Department of Community Affairs. (6) `Facility' or `facilities' means a capital improvement designed to assist the less developed county in economic development including, but not limited to, the areas of transportation networks; water supply and treatment, sewer, waste-water treatment, and solid waste disposal facilities; public safety, fire protection, and emergency medical services; recreational, general government, and educational facilities; and libraries and other cultural structures. (7) `Less developed county' means any county designated pursuant to Code Section 50-8-213. Any area so designated shall, for the purposes of this article, be considered a less developed area for a period of not less than ten years. (8) `Local plan' means the plan of any less developed county and the municipalities lying therein which plan consolidates and prioritizes the facilities needs contained in the various comprehensive plans of the less developed county and the municipalities lying therein. (9) `Regional development center' means a regional development center created pursuant to the provisions of Article 2 of this chapter. 50-8-213. (a) Not later than July 1, 1992, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner shall rank and designate as less developed counties the lower 25 percent of all counties in this state using a combination of the following factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and

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(4) Average weekly manufacturing wage according to the most recent data available. (b) The commissioner shall be authorized to include in the designation provided for in subsection (a) of this Code section any county which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area. 50-8-214. (a) There is created in each less developed county a facilities development committee to be composed as follows: (1) Three members appointed by the governing authority of the less developed county, one who is a member of such authority, and one who is from the private sector, and one who may but need not serve in the county government who shall serve as chairman of the committee; and (2) Two members appointed by the governing authority of each municipality lying within the less developed county, one who is a member of such authority and one who is from the private sector. (b) All members shall reside within the less developed county or the municipality from which they are appointed and shall serve without compensation. (c) Members shall serve terms of four years and may be reappointed. 50-8-215. (a) Each facilities development committee shall be known by the name of the county followed by the words `Facilities Development Committee.' (b) The commissioner shall establish policies and procedures by rule or regulation for the facilities development committees necessary for said committees to perform the duties provided by this article.

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(c) Each regional development center within which a less developed county lies is authorized and directed to assist the facilities development committee in the development of a local plan. 50-8-216. (a) Each facilities development committee, in conjunction with the regional development center in which the less developed county is located, shall review the comprehensive plans for facilities needs prepared by the less developed county and each municipality lying therein pursuant to the provisions of Article 2 of this chapter and shall consolidate such comprehensive plans and prepare a local plan which prioritizes the combined facilities needs contained in each comprehensive plan. Such local plan may be amended from time to time pursuant to procedures established pursuant to subsection (b) of Code Section 50-8-215 to change the priorities or add new facilities. No facility shall be added to a local plan unless it has previously been made a part of the comprehensive plan of either the less developed county or a municipality lying therein pursuant to Article 2 of this chapter. (b) Not later than the first day of July of the year following its creation, each facilities development committee shall provide the commissioner with the local plan of facility development developed pursuant to subsection (a) of this Code section. 50-8-217. In the event any conflict arises in or with the facilities development committee in the preparation and submission of a local plan, such conflict shall be resolved by the department in the manner provided by subsection (d) of Code Section 50-8-7.1. 50-8-218. No less developed county shall be eligible to receive a grant pursuant to this article until a local plan has been submitted. The commissioner shall provide by rule or regulation for the submission of local plans and the administration of grant applications and shall establish criteria for the types of facilities which would qualify for a grant under this article; provided, however, that such criteria shall realistically reflect the diverse facility needs of the various less developed counties for economic development. The commissioner shall submit such criteria to the General Assembly at the next regular

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session following July 1, 1991, and such criteria shall become effective only when ratified by joint resolution of the General Assembly. The power of the commissioner to promulgate such criteria shall be deemed to be dependent upon such ratification. 50-8-219. (a) The commissioner shall review each plan to determine compliance with the criteria established pursuant to Code Section 50-8-218 and within 30 days from the date of submission of the plan shall approve or disapprove such plan. If the commissioner disapproves any plan, he shall provide a detailed reason for such recommendation and may suggest such changes to the plan as he deems appropriate. (b) Any county may apply to the board for review of a disapproved plan. The board shall review each such plan and, within 30 days from the date of receipt of the commissioner's recommendation, shall either approve or disapprove the plan. If the plan is disapproved, the board shall provide the facilities development committee with a detailed reason for such disapproval and may suggest such changes to the plan as would result in the approval of the plan. 50-8-220. (a) Each less developed county shall be entitled to receive from the state matching grants in an equal amount pursuant to this article for the implementation of all or part of its local plan of facilities development as approved by the board in the order of priority as established in its local plan, subject to the provisions of Code Section 50-8-222 and subject to the availability of funds appropriated by the General Assembly for such grants. (b) The governing authority of the less developed county shall be responsible for receiving such funds, which it shall maintain separate from all other county funds, and shall be responsible for implementing the plan of development. (c) The governing authority of the less developed county shall be authorized to perform all functions necessary to implement the local plan of facilities development including, without limitation, purchasing or leasing property and entering into such contracts as may be necessary for such purpose.

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(d) The funds granted pursuant to this Code section may be used as received or in conjunction with funds from any other available source, and they may be used in conjunction with any leasing authority granted to the less developed county or in conjunction with any revolving loan fund, or both, and may be used as matching funds for any federal or state grant. 50-8-221. Each facilities development committee shall have oversight authority of each local plan of facilities development, and the governing authority of the less developed county shall submit annually to the department a detailed written progress report and full accounting of receipts and expenditures. 50-8-222. (a) The department shall direct the distribution of any appropriated funds to the governing authority of the less developed county, as provided in Code Section 50-8-220; provided, however, that the less developed county and the municipalities within the less developed counties shall annually match any appropriated funds in a ratio of $1.00 local funds for every $9.00 appropriated funds. (b) The commissioner shall consolidate the annual progress reports and accounting of funds submitted by the facilities development committees and submit a consolidated report and accounting to the General Assembly not later than December 31 of each year. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991.

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MOUNTAINS AND RIVER CORRIDORS PROTECTION; STANDARDS; DEPARTMENT OF NATURAL RESOURCES; DUTIES. Code Section 12-2-8 Amended. No. 555 (House Bill No. 643). AN ACT To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors; to define certain terms; to provide for the content of minimum standards for regulated activities within river corridors; to provide for the content of minimum standards for land-disturbing activities within protected mountain areas; to provide for the powers and duties of the Department of Natural Resources with regard to such minimum standards; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, is amended by striking Code Section 12-2-8, relating to the promulgation of minimum standards and procedures for the protection of the natural resources, environment, and vital areas of the state, in its entirety and inserting in its place a new Code Section 12-2-8 to read as follows: 12-2-8. (a) The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The natural resources, environment, and vital areas of the state are also of vital importance to the state and its citizens. The state has an essential public interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. The purpose of this Code section

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is to provide for the department to serve these essential public interests of the state. This Code section shall be liberally construed to achieve its purpose. This Code section is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(1) and Article IX, Section II, Paragraphs III and IV. (b) The department is therefore authorized to develop minimum standards and procedures, in accordance with paragraph (2) of subsection (b) of Code Section 50-8-7.1 and in accordance with the procedures provided in Code Section 50-8-7.2 for the promulgation of minimum standards and procedures, for the protection of the natural resources, environment, and vital areas of the state, including, but not limited to, the protection of mountains, the protection of river corridors, the protection of watersheds of streams and reservoirs which are to be used for public water supply, for the protection of the purity of ground water, and for the protection of wetlands, which minimum standards and procedures shall be used by local governments in developing, preparing, and implementing their comprehensive plans as that term is defined in paragraph (3) of subsection (a) of Code Section 50-8-2. (c) As used in this Code section, the term: (1) `Land-disturbing activity' means any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family residence, and the cutting of firewood for personal use. (2) `Mountain' or `protected mountain' means all land area 2,200 feet or more above mean sea level that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area. (3) `River corridor' means all land not regulated under Code Sections 12-5-440 through 12-5-457, and Coastal

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Marshland Protection Act, in the areas of a perennial stream or watercourse with an average annual flow of at least 400 cubic feet per second as defined by the United States Geologic Survey and being within 100 feet on both sides of the river as measured from the river banks at mean high water. (d) The minimum standards and procedures for watershed protection referred to in subsection (b) of this Code section shall specifically include, but shall not be limited to, buffer areas along streams and reservoirs, land development densities, and land use activities. The department may adopt differing minimum standards and procedures of watershed protection based on the size of the watershed, the size or flow volume of the stream or reservoir, and whether or not the actual use of the municipal water supply is existing or proposed. (e) The minimum standards and procedures for protection of ground water referred to in subsection (b) of this Code section shall also specifically include, but shall not be limited to, land use activities and development densities for the protection of ground water. The department may adopt differing minimum standards and procedures for ground-water purity protection based on the relative sizes, depths, and water volumes of various aquifers and based on the relative susceptibility of ground water to contamination by various land use activities and development densities. (f) The minimum standards and procedures for protection of wetlands referred to in subsection (b) of this Code section shall include, but shall not be limited to, land use activities, land development densities, and activities which involve alteration of wetlands. The department may adopt differing minimum standards and procedures for wetlands protection based on the size or type of wetlands, the need to protect endangered or protected species or other unusual resources, and the need for a particular land use activity which will affect a wetland. (g) The department shall, by January 1, 1992, promulgate the miminum standards and procedures for protection of river corridors referred to in subsection (b) of this Code section including, but not limited to, regulated activities within river

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corridor areas. In promulgating such standards, the department may classify river corridor areas and activities by type, size, and other factors relevant to the advancement of the policies and purposes of this Code section. Such standards shall include, but are not limited to, the following: (1) Perennial river corridors shall be protected by the following criteria: (A) A natural vegetative buffer area shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks; provided, however, that nothing in such standards shall prohibit or be construed to prohibit the building of a single-family dwelling, including the usual appurtenances thereto, within said area subject to the following conditions: (i) such dwelling must be in compliance with all other local zoning regulations; (ii) a septic tank or tanks serving such dwelling may be located in said area but the drainfield for any such tank or tanks must be outside said area; and (iii) any such dwelling must be located on a tract containing at least two acres of land and there shall be only one such dwelling on each such two acre or larger tract; and (B) Except as expressly provided otherwise in subparagraph (A) of this paragraph, septic tanks and septic tank drainfields are prohibited within such set back area; and (C) Such criteria shall provide for encroachments into the buffer area as needed for the construction of public roads and public utility crossings of river corridors and must meet all applicable requirements of Chapter 7 of this title, the `Erosion and Sedimentation Act of 1975', and of any applicable local ordinances on soil erosion and sedimentation control. (2) Local governments shall identify existing river corridors and shall adopt river corridor protection plans as part of their planning process. Local governments may exempt from the planning process:

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(A) Land uses existing prior to the promulgation of a river corridor protection plan from the criteria of the river corridor protection plan; (B) Mining activities permitted by the Department of Natural Resources pursuant to Part 3 of Article 2 of Chapter 4 of this title, the `Georgia Surface Mining Act of 1968,' from the criteria of the river corridor protection plan; and (C) Utilities from the buffer and set back area criteria of the river corridor protection plan if such utilities cannot feasibly be located outside of such areas, provided: (i) The utilities shall be located as far from the stream bank as reasonably possible; (ii) The installation and maintenance of the utilities shall be such as to protect the integrity of the buffer and set back areas as well as is reasonably possible; and (iii) The utilities shall not impair the drinking quality of the stream water; and (D) Specific forestry and agricultural activities from buffer and set back criteria in accordance with the following conditions: (i) The activity shall be consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission; and (ii) The activity shall not impair the drinking quality of the stream water as defined by the federal Clean Water Act of 1977 (P.L. 95-217); (3) River corridors shall be appropriately identified and mapped in the land use plans developed by local and regional governments. Such land use plans shall address, at

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a minimum, the following considerations with regard to river corridors: (A) Whether the impact the land use plan has on an area would adversely affect the public health, safety, welfare, or the property of others; (B) Whether the area is unique or significant in the conservation and movement of flora and fauna including threatened, rare, or endangered species; (C) Whether alteration or the effects of alteration to river corridors will adversely affect the function, including the flow or quality of water, cause erosion or shoaling, or have an adverse impact on navigation; (D) Whether modification or the effects of modification by a project would adversely affect fishing or recreational use of river corridors; (E) Whether an alteration or the effects of alteration would be temporary in nature; (F) Whether the project contains significant state historical and archaeological resources, defined as `Properties on or Eligible for the National Register of Historic Places'; and (G) Whether alteration of river corridors would have a measurably adverse impact on adjacent sensitive natural areas; (4) (A) Land use plans shall provide the following acceptable uses of river corridors without long-term impairment of functions: (i) Timber production and harvesting; (ii) Wildlife and fisheries management; (iii) Waste-water treatment; (iv) Recreation;

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(v) Natural water quality treatment or purification; (vi) Agriculture production and management; and (vii) Other uses including those permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act. (B) The following uses shall not be acceptable: (i) Receiving areas for toxic or hazardous waste or other contaminants; (ii) Hazardous or sanitary waste landfills; and (iii) Other uses unapproved by local governments; (5) The provisions of this subsection shall apply to each local government which contains within its boundaries any river corridor. (h) The department shall, by January 1, 1992, promulgate the minimum standards and procedures for protection of mountains referred to in subsection (b) of this Code section including, but not limited to, land-disturbing activities within protected mountain areas. Such standards shall include, but are not limited to: (1) The proposed land-disturbing activity must meet all applicable requirements of Chapter 7 of this title, the `Erosion and Sedimentation Act of 1975,' and of any applicable local ordinances on soil erosion and sedimentation control; (2) Where one or more septic tanks are to be used for individual sewage disposal, the proposed land-disturbing activity must meet all applicable requirements imposed by the local governing authority;

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(3) Where one or more wells are to be used for individual water supply, the proposed land-disturbing activity must meet all applicable requirements of Part 3 of Article 3 of Chapter 5 of this title, the `Water Well Standards Act of 1985,' the requirements of the rules and regulations of the Department of Human Resources regarding individual or nonpublic wells, and any more stringent requirements imposed by the local governing authority; (4) If sewage treatment is to be provided by any means other than one or more individual septic tanks, the sewage treatment must meet all applicable requirements of Article 2 of Chapter 5 of this title, the `Georgia Water Quality Control Act'; (5) If a public water supply system is to be provided, the water supply system must meet all applicable requirements of Part 5 of Article 3 of Chapter 5 of this title, the `Georgia Safe Drinking Water Act of 1977'; (6) No single-family residences may be constructed at a density of more than one per acre, but no such acre shall be less than 100 feet wide at the building site, except that this density restriction shall not apply to: (A) Any lot of less than one acre if such lot was as of July 1, 1991, owned and described as a discrete parcel of real property according to the instrument of title of the person or persons owning the lot on July 1, 1991; or such lot was as of July 1, 1991, shown as a discrete parcel of real property on a plat of survey properly recorded in the real property records of the clerk of superior court by the person or persons owning the lot on July 1, 1991; or (B) Any land or part of any land which was contained in or subject to any master plan, planned unit development, special approved development plan, or any other development plan if such plan was filed with and approved by the local governing authority prior to July 1, 1991, pursuant to a duly enacted planning and zoning ordinance; provided, further, that any such planning and zoning ordinance must have provided for rules

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and procedures and governed lot sizes, density, types of buildings, and other limitations usually associated with the implementation of local zoning ordinances; (7) No multifamily residences may be constructed at a density of more than four dwelling units per acre, except where there is a public water supply and sewerage system available to this property then the density may be increased to no more than six dwelling units per acre, but no such acre shall be less than 100 feet wide at the building site; (8) Any application for a building permit to construct a commercial structure shall contain a detailed landscaping plan. Such landscaping plan shall identify all trees which are to be removed that exceed eight inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground and shall contain a plan for replacement of any such trees that are removed. Such application shall also include a topographical survey of the project site and an assessment of the impact that the project will have on the environment of the protected mountain after it has been completed and is in operation. Nothing in this paragraph shall be construed to require commercial structures to comply with the density provision of paragraphs (6) and (7) of this subsection; (9) No structure may extend more than 40 feet, as measured from the highest point at which the foundation of such structure intersects the ground, above the uppermost point of the crest, summit, or ridge top of the protected mountain on which the structure is constructed; provided, however, that this height restriction shall not apply to water, radio, or television towers or any equipment for the transmission of electricity or to minor vertical projections of a parent building, including chimneys, flagpoles, flues, spires, steeples, belfries, cupolas, antennas, poles, wires, or windmills; and (10) No person engaging in land-disturbing activity shall remove more than 50 percent of the existing trees which exceed eight inches in diameter as measured at a point on such tree four and one-half feet above the surface of the ground unless such person has filed with the application

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a plan of reforestation developed by a registered forester. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991. ENVIRONMENTAL POLICY ACT DEFINITIONS; PURPOSES. Code Title 12, Chapter 16, Enacted. No. 556 (Senate Bill No. 97). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the Environmental Policy Act; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental effects of proposed state projects; to provide effective dates; 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 16 to read as follows: CHAPTER 16 12-16-1. This chapter shall be known and may be cited as the `Environmental Policy Act.' 12-16-2. The General Assembly finds that:

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(1) The protection and preservation of Georgia's diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the state and is a matter of the highest public priority; (2) State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals, and environmental, historical, and cultural resources; (3) Environmental evaluations should be a part of the decision-making processes of the state; and (4) Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the state. 12-16-3. As used in this chapter, the term: (1) `A proposed governmental action which may significantly adversely affect the quality of the environment' means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state's air, land, water, plants, animals, historical sites or buildings, or cultural resources. Such actions shall not include: (A) emergency measures undertaken in response to an immediate threat to public health or safety; or (B) activities in which government agency participation is ministerial in nature, involving no exercise of discretion on the part of the government agency. (2) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) `Division' means the Environmental Protection Division of the Department of Natural Resources.

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(4) `Environmental effects report' means a report on a proposed governmental action which may significantly adversely affect the quality of the environment. (5) `Government agency' means any department, board, bureau, commission, authority, or other agency of the state. (6) `Land-disturbing activity' means scraping, plowing, clearing, dredging, grading, excavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit or placement of or alteration to any structure on or eligible for the Georgia Register of Historic Places; provided, however, that agricultural practices involving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and forestry land management practices, including harvesting of less than five acres of trees over two inches in diameter at breast height, are excluded from the definition of land-disturbing activity. (7) `Proposed governmental action' means any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of state owned land, or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term proposed governmental action does not include, among other things, the following: (A) Any action or undertaking of a nongovernmental entity, even if that action or undertaking requires a permit, license, or other approval by a government agency; (B) Any action or undertaking of a municipality, a county, or an authority of a municipality or county, unless more than 50 percent of the total cost is funded by a grant of a government agency or a grant of more than $250,000.00 is made by a government agency;

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(C) The permitting or licensing by a government agency of an action or undertaking; (D) The promulgation and implementation of rules and regulations by a government agency; (E) The sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or (F) Litigation decisions made by a government agency. (8) `Responsible official' means the official or body in charge of or authorized to act on behalf of a government agency. 12-16-4. (a) The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report including, but not limited to, a discussion of: (1) The environmental impact of the proposed governmental action; (2) Alternatives to the proposed governmental action, including no action; (3) Any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken; (4) Mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action;

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(5) The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value; (6) The effect of the proposed governmental action on the quality and quantity of water supply; (7) The effect of the proposed governmental action on energy use or energy production; and (8) Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages. (b) Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource. (c) At least 45 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared. The responsible official shall provide a copy of the environmental effects report and all other comments to the director. The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions, and individuals, upon request. 12-16-5. (a) If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or his designee in each county where the proposed governmental action for which an environmental effects report has been prepared or any part thereof is to take place. The responsible official or his designee may, in the sole discretion of

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the responsible official, hold a public hearing in each such county at any time after 30 days from the date of publication of the notice has elapsed even if less than 100 requests are received in writing from residents of the State of Georgia but only one public hearing in a county shall be required regardless of whether it is a mandatory or discretionary hearing. (b) The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the responsible official shall decide whether to proceed with the proposed governmental action as originally proposed, whether to proceed with changes, or whether not to proceed. Notice of the decision of the responsible official shall be given in writing to the director and published in the legal organ of each county in which the proposed governmental action or any part thereof is to occur. (c) The decision of the responsible official to proceed with the proposed governmental action shall not create a cause of action in any person, corporation, association, county, or municipal corporation; provided, however, the actions of the responsible official in the procedure of giving notice by publication of the environmental effects report and notice by publication of the decision made based upon the report and public comments, if any, may be challenged pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' if the responsible official acts on behalf of a government agency which is subject to that act or by mandamus otherwise; but any such challenge must be commenced within 30 days after the date notice of the responsible official's decision made pursuant to subsection (b) of this Code section is first published in a legal organ of any affected county or counties. 12-16-6. All government agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this chapter, including the guidelines issued pursuant to Code Section 12-16-8, and shall propose to the Governor not later than January 1, 1992, such measures as may be necessary to bring their authority, regulations, policies,

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and procedures into conformity with the intent, purposes, and procedures set forth in this chapter. 12-16-7. Nothing in this chapter shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it, except those specified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal agency; or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or federal agency. A government agency shall be deemed to have complied with the requirements of this chapter for a proposed governmental action that requires and has received federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969, as amended, and its implementing regulations. 12-16-8. Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this chapter, including, but not limited to, provisions for: (1) Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment; (2) Comment upon the proposed governmental action by public and private organizations and individuals; (3) The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment but the cumulative effect of the proposed government actions on the environment is significantly adverse or if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions; and (4) The possibility of the preparation of modified environmental effects reports on remaining decisions significantly adversely affecting the quality of the environment

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that are parts of actions begun before but not completed before July 1, 1991. Section 2. For the purposes of the issuance of guidelines pursuant to the provisions of quoted Code Section 12-16-8 of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall become effective for all purposes on July 1, 1991. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991. GEORGIA AIR QUALITY ACT OF 1978 PERMITS; FEES; PENALTIES. Code Section 12-9-9 Amended. Code Section 12-9-24 Enacted. No. 557 (House Bill No. 709). AN ACT To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, The Georgia Air Quality Act of 1978, so as to change provisions relating to fees charged as a condition of any permit required by the chapter; to express legislative intent; to add a provision for criminal penalties for violations of the chapter; 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 9 of Title 12 of the Official Code of Georgia Annotated, The Georgia Air Quality Act of 1978, is amended by striking Code Section 12-9-9, relating to fees charged

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as a condition of any permit required by the chapter, and inserting in its place a new Code section to read as follows: 12-9-9. (a) The owner or operator of any stationary source shall pay to the division as a condition of any permit required under this chapter or under Ga. L. 1967, p. 581, as amended, an annual fee, or its equivalent over some other period, sufficient to cover: (1) The reasonable cost of reviewing and acting upon any application for a permit under this chapter; (2) The reasonable cost incurred after July 1, 1978, of implementing and enforcing the terms and conditions of any permit issued under this chapter or under Ga. L. 1967, p. 581, as amended, regardless of whether the permit was issued before or after July 1, 1978; provided, however, such cost shall not include any court cost or other costs associated with any judicial enforcement action; (3) Emissions and ambient monitoring; (4) Preparing generally applicable regulations or guidance; (5) Modeling, analyses, and demonstrations; and (6) Preparing inventories and tracking emissions. (b) The total amount of fees collected shall not be less than $25.00 per ton of emissions allowed in the permit of each regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990 unless, as provided under the federal act, a lesser amount is approved by the United States Environmental Protection Agency as fulfilling the requirements of the federal act. No fee shall be collected for more than 4,000 tons per year of any individual regulated pollutant emitted by any source or any group of sources located within a contiguous area and under common control. No fee shall be collected for the emission of carbon monoxide which is not a regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990.

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(c) The fee collected shall be increased consistent with the need to cover the costs authorized in subsection (a) of this Code section by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this subsection the Consumer Price Index is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12 month period ending on August 31 of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used. (d) The director may reduce any permit fee required under this chapter to take into account the financial resources of small business stationary sources as defined under the federal act or regulations promulgated pursuant thereto. (e) The owner or operator of any stationary source shall, in addition to the fees provided for in subsections (a) through (c) of this Code section, pay any cost or expense associated with public notices or notifications required pursuant to this chapter or the federal act. (f) Collection of fees pursuant to this Code section shall preclude collection of any air quality control permit fees by any other state or local governmental authority. (g) Collection of fees pursuant to this Code section will not begin prior to July 1, 1992, and is contingent upon implementation by the United States Environmental Protection Agency of a requirement of fee collection by the permitting authority under rules promulgated pursuant to Section 502(b)(3) of the federal Clean Air Act Amendments of 1990. (h) The General Assembly declares its intent that the fee provisions of this Code section shall be consistent with and shall meet the requirements of the federal Clean Air Act Amendments of 1990 but shall not duplicate the fees charged thereunder. The General Assembly further declares its intent to ensure that any permit fee collected by the division shall be utilized solely to cover all reasonable direct and indirect costs

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required to support the permit program as set forth in the federal Clean Air Act Amendments of 1990. Section 2. Said chapter is further amended by adding thereto a new Code Section 12-9-24, relating to criminal penalties, to read as follows: 12-9-24. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991. DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION; DIRECTOR; ENVIRONMENTAL ADVISORY COUNCIL; CREATION. Code Section 12-2-2 Amended. No. 558 (House Bill No. 274). AN ACT To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council; to provide for appointment and terms of the members of such council; to provide for the duties and responsibilities of the council; to provide an

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expense allowance for such members; to provide for related matters; to repeal conflicting laws; and for other purposes. Section 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters pertaining to the Environmental Protection Division of the Department of Natural Resources, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) The division shall have a director who shall be both appointed and removed by the Board of Natural Resources with the approval of the Governor. The director shall appoint an assistant director of the division. The director and the assistant director shall be qualified professionals, competent in the field of environmental protection. The director and the assistant director shall be in the unclassified service. In the event of a vacancy in the office of the director or in his absence or if he is disabled, the assistant director shall perform all the duties of the director. The director shall be responsible for enforcing the environmental protection laws of Georgia. The director shall hire the personnel for the division and shall supervise, direct, account for, organize, plan, and execute the functions vested in the division. (2) (A) The Governor shall appoint an Environmental Advisory Council. The council shall consist of 15 members who shall be representative of professional and lay individuals, organizations, and governmental agencies associated or involved with environmental matters. The term of each member of the council shall be for two years, provided that of the members first appointed, seven shall be appointed for terms of one year and eight for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms. (B) The council shall advise the Governor, the board, and the director as to the efficacy of the state's environmental protection programs, the need for legislation relating to the environment, the need for expansion or reduction of specific environmental programs, and the need for specific changes in the state's environmental protection programs. The council may review

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and prepare written comments on proposed state plans and on standards, rules, and regulations proposed by the division. Such comments may be submitted to the director, the board, and any other individual or agency deemed appropriate. (C) Members of the council shall serve without compensation but shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal car or a travel allowance of actual transportation cost if traveling by public carrier as that received by all other state officials and employees. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1991. GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY SOURCE REDUCTION DEFINED; COMPOSITION; EXECUTIVE DIRECTOR; POWERS AND DUTIES. Code Sections 12-8-101, 12-8-102, 12-8-103, and 12-8-112.1 Amended. No. 559 (Senate Bill No. 94). AN ACT To amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to define a certain term; to change the composition of such authority; to provide for the appointment of an executive director of such authority; to amend the powers and duties of such authority; to provide a statement of

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policy; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, is amended by inserting following paragraph (3) of Code Section 12-8-101, relating to definitions applicable to such article, a new paragraph (4) to read as follows: (4) `Source reduction' means one or a combination of two or more of the following: programs and activities which encourage or facilitate the substitution of nonhazardous or less hazardous materials for hazardous materials in processes which generate hazardous waste; programs or activities which encourage or facilitate changes in processes which generate hazardous waste so as to reduce the volume and toxicity of hazardous waste generated; programs or activities which encourage or facilitate reuse and recycling of generated hazardous waste; and other programs and activities which may encourage or facilitate a reduction in the volume of hazardous waste generated or which requires disposal, such programs or activities to include, but not be limited to, technical assistance, process and materials audits, promotion of markets for waste, education and information programs, and recommendation of changes in the treatment of hazardous waste so as to further reduce potential contamination of the environment. Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 12-8-102, relating to the creation and composition of such authority, which reads as follows: (b) The authority shall consist of: (1) The Governor; (2) The Lieutenant Governor; (3) An appointee of the Lieutenant Governor; (4) The Secretary of State;

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(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 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., and inserting a new subsection (b) to read as follows: (b) The authority shall consist of: (1) Two appointees of the Speaker of the House of Representatives, neither of whom is the Attorney General and neither of whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity; (2) Two appointees of the Lieutenant Governor, neither of whom is the Attorney General and neither of

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whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity; (3) Eight appointees of the Governor, none of whom is the Attorney General and at least five of whom are generally knowledgeable in one or more areas of environmental protection, the environment or natural resources, or are engaged in a scientific or academic endeavor which is related to the environment including, but not limited to, biology, chemistry, biochemistry, physics, geology, hydrogeology, law, or waste management and none of whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity; (4) Three appointees from the faculty or staff of the University System 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 and none of whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity. 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. Section 3. Said article is further amended by striking in its entirety subsection (c) of said Code Section 12-8-102 and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) The term of office of the appointees of the Speaker of the House of Representatives, the appointees of the Lieutenant Governor, the appointees of the 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 such member's term, the appropriate appointing official shall appoint someone to serve out that term. Section 4. Said article is further amended by inserting at the end thereof a new subsection (g) of said Code Section 12-8-102 to read as follows: (g) The Governor shall appoint an executive director of the authority, subject to confirmation by the members of the authority. The executive director shall serve at the pleasure of the Governor and shall be the chief administrative officer of the authority. The executive director of the authority shall not be paid a salary greater than the salary of the commissioner of natural resources. Section 5. Said article is further amended by striking in its entirety paragraph (7) of Code Section 12-8-103, relating to the powers and duties of such authority, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) To accept loans or grants of money or materials or property of any kind from the United States of America or the State of Georgia or any agency or instrumentality thereof or any public or private entity, upon such terms and conditions as the United States of America or the State of Georgia or such agency or instrumentality thereof or such public or private entity may impose; Section 6. Said article is further amended by striking in its entirety Code Section 12-8-112.1, relating to a statement of state policy, which reads 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.

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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., and inserting in lieu thereof the following: 12-8-112.1. It is the policy of the State of Georgia that priority in state hazardous waste management programs be given to source reduction. The authority shall plan and develop programs and activities to encourage and facilitate source reduction efforts. The authority is authorized to charge for the use of its facilities and its services so as to further this policy. 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 22, 1991. COMPREHENSIVE ASSESSMENT OF GEORGIA'S RIVERS ASSISTANCE OF UNITED STATES DEPARTMENT OF THE INTERIOR URGED. No. 52 (House Resolution No. 110). A RESOLUTION Urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers; pledging the full support of the General Assembly for such assessment; designating the Department

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of Natural Resources as coordinator of such assessment; and for other purposes. WHEREAS, the ecological health of the rivers of this state is endangered and many of these rivers are in significant distress; and WHEREAS, past legislative attempts to protect our river corridors, while properly directed, have been hampered by an absence of complete information concerning the condition and resource values of such rivers; and WHEREAS, the health of our river corridors is vital to the economic well-being as well as the quality of life in this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body urges the United States Department of the Interior National Park Service to assist with the completion of a comprehensive assessment of the rivers of this state. BE IT FURTHER RESOLVED that this body pledges its full support to such an assessment and directs the Department of Natural Resources to work with the United States Department of the Interior National Park Service in completing such an assessment and in compiling the resulting data for use by this body in developing comprehensive river corridor protection legislation. 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 United States Department of the Interior National Park Service and to Georgia's United States congressional delegation. Approved April 22, 1991.

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JOINT WORKERS' COMPENSATION TASK FORCE CREATION. No. 53 (House Resolution No. 290). A RESOLUTION Creating the Joint Workers' Compensation Task Force; 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 recognized 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; and WHEREAS, during the 1990 regular session of the General Assembly, House Resolution 810 created the Joint Workers' Compensation Study Committee to undertake a thorough study and revision of the above-mentioned problems of Georgia's workers' compensation system and it is necessary that further study occur during the 1991 interim. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Workers' Compensation Task Force to be composed of 14 members. Three members shall be members of the House of Representatives appointed by the Speaker of the House of Representatives. Three members shall be members of the Senate appointed by the President of the Senate. Two members shall be representatives of business appointed by the Governor and two members shall be representatives

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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. The Governor shall designate one of the members to serve as chairman of the task force. 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 task force. The chairman shall call all meetings of the task force except the initial meeting which shall be called by the Governor. BE IT FURTHER RESOLVED that the task force 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 task force 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 task force shall recommend any actions or legislation which it deems necessary or appropriate. BE IT FURTHER RESOLVED that the task force 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. BE IT FURTHER RESOLVED that the members of the task force, 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 10 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 task force shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any,

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on or before December 31, 1991. The task force shall stand abolished on December 31, 1991. Approved April 23, 1991. ABUSE OF GOVERNMENTAL OFFICE DEFINITION; BRIBERY; PUBLIC OFFICIALS AND EMPLOYEES. Code Section 16-10-2 Amended. No. 560 (Senate Bill No. 72). AN ACT To amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change the definition of such offense; to provide that a public official who directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value for himself or herself or any other person or entity by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action commits the offense of bribery; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, is amended by striking in its entirety Code Section 16-10-2, relating to the offense of bribery, and inserting in lieu thereof a new Code Section 16-10-2 to read as follows: 16-10-2. (a) A person commits the offense of bribery when:

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(1) He or she gives or offers to give to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consideration to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment; or (2) A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action. (b) A person convicted of the offense of bribery shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than 20 years, or both. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991.

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PROBATION CONFINEMENT IN A SPECIAL ALTERNATIVE INCARCERATIONPROBATION BOOT CAMP UNIT OF THE DEPARTMENT OF CORRECTIONS. Code Section 42-8-35.1 Amended. No. 561 (Senate Bill No. 177). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to provide that as a condition of probation, certain probationers may be required to complete satisfactorily a program of incarceration or confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections for a period of 90 days from the time of initial confinement in the unit; to change certain provisions relating to the delivery of probationers to the designated unit of the Department of Corrections; to repeal certain provisions relating to the transmittal of certain documents applicable to the probationer; to change other provisions relating to special alternative incarceration; to repeal conflicting laws; to provide an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, is amended by striking in its entirety Code Section 42-8-35.1, relating to special alternative incarceration, and inserting in lieu thereof a new Code Section 42-8-35.1 to read as follows: 42-8-35.1. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced for offenses committed on or after January 1, 1984, to a period of time of not less than one year on probation as a condition of probation must satisfactorily complete a program of confinement in a `special alternative incarcerationprobation boot camp' unit of the department for a period of 90 days from the time of initial confinement in the unit.

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(b) Before a court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 30 years of age at the time of sentencing, and that the department has granted provisional approval of the placement of the individual in the `special alternative incarcerationprobation boot camp' unit. (c) In every case where an individual is sentenced under the terms of this Code section, the sentencing court shall, within its probation order, direct the department to arrange with the sheriff's office in the county of incarceration to have the individual delivered to a designated unit of the department within a specific date not more than 15 days after the issuance of such probation order by the court. (d) At any time during the individual's confinement in the unit, but at least five days prior to his expected date of release, the department will certify to the trial court as to whether the individual has satisfactorily completed this condition of probation. (e) Upon the receipt of a satisfactory report of performance in the program from the department, the trial court shall release the individual from confinement in the `special alternative incarcerationprobation boot camp' unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991.

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PROBATE COURT CLERKS; DOCKETS; COURT COSTS; SEARCH OR ARREST WARRANTS; BAD CHECKS; FEE. Code Sections 15-9-37, 15-9,60, and 15-10-82 Amended. No. 562 (House Bill No. 537). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerks of the probate courts or the probate judges acting as clerks shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keeping; to change the court costs for certain services; to change the fee for an application for a search or arrest warrant or a bad check citation; 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 Code Section 15-9-37, relating to duties of clerks or probate judges acting as clerks, in its entirety and inserting in lieu thereof the following: 15-9-37. (a) It is the duty of clerks of the probate courts, or the judges of the probate courts acting as such: (1) To issue all citations required by law and to administer all oaths incident to the business of the court; (2) To grant temporary letters of administration; (3) To grant marriage licenses;

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(4) To issue all writs of fieri facias for costs on all judgments of the judge or other process necessary to enforce them; (5) To issue subpoenas for witnesses and all similar process in connection with a trial; (6) To issue any paper or process by order of the judge and bearing teste in his name; (7) To keep fair and regular minutes of each session of the court entered in a suitable book and perform such other services as the judge may require; but any minutes, dockets, or other records required to be kept as records of the probate court under this paragraph or paragraph (8) of this Code section or under any other law may be combined into one or more suitable books, as the ends of justice require, but in any case shall be indexed, permanent, economical, and accessible to the public; (8) To keep in their offices a suitable book for each of the following purposes: (A) Record of wills; (B) Record of all letters of administration and guardianship; (C) Record of all bonds given by administrators and guardians; (D) Record of all appraisements, inventories, and schedules; (E) Record of all accounts of sales; (F) Record of all current accounts authorized to be made to the judge, together with the vouchers accompanying the same; (G) Record of all marriage licenses and the returns thereon;

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(H) Record of all official bonds required to be recorded in the office of the judge; and (I) Docket in which to enter all applications and other proceedings, in the order they are made, which shall be called in like order at each session; (9) To procure and preserve for public inspection a complete file of all newspaper issues in which their advertisements actually appear; (10) To keep their books and papers arranged, filed, labeled, and indexed, as clerks are required to do; (11) To give transcripts likewise as clerks are required to do, and when the judge of the probate court and the clerk are the same person, so to state in the certificates; (12) To keep and maintain facilities for the filing of wills of persons who are still alive; and (13) To perform any other duty required of them by law or which is indispensable to those required. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk or a probate judge acting as such be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk or a probate judge acting as such elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Section 2. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 15-9-60, relating to costs in the probate courts, in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:

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(a) The judges of the probate courts are entitled to the following court costs for specific services: (1) Temporary letters of administration: Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing; bond taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost $ 41.00 (2) Permanent letters of administration: Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence, and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost 49.00 (3) Cost of probating wills in common form: Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost 38.00

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(4) Cost of probating in solemn form: Filing will for purpose of probating `in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost 50.00 (5) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary): Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost 6.00 (6) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property): Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost 41.00

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(7) Year's support: All services of the probate court (except sheriff service and advertising), excluding recording cost 49.00 Recording certificate in superior court 4.00 (8) Conveying or encumbering a year's support: Whole service, excluding recording cost 33.00 (9) Division in kind: Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost 49.00 (10) Compromise claim: Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost 33.00 (11) Returns Annual and final: Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, guardians, and trustees; oath; and order admitting, return to record:

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Of all estates worth not more than $5,000.00, excluding recording cost 20.00 Of all estates worth more than $5,000.00, excluding recording cost 25.00 (12) Dismission of administrator, executor, or guardian: Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; excluding recording cost 31.00 (13) Habeas corpus: Receiving application; docketing and filing application; issuance of writ; filing answer of respondent; excluding recording cost 31.00 (14) Order of title: Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; order; excluding recording cost 22.00 (15) Establishment of lost papers: Receiving application; docketing and filing application; granting citation or notice; order; excluding recording cost 22.00

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(16) Constitutional homesteads: For the whole service in setting apart of homestead of realty and personalty when not litigated 25.00 Where objections are filed and heard, in addition to the proceedings 9.00 Surveyor, actual charge made (not included in fee base) (17) Statutory homestead (pursuant to Code Section 44-13-100): For whole services in setting apart short homestead exemption 16.00 (18) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42): Short homestead, $300.00 limit 5.00 (19) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37): For whole service in connection with each mental illness case 56.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 30.00 (20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent: For whole service, including hearing ($45.00) and appointment of guardianship ($30.00) 94.00

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(21) Inventory and appraisement: Whole service for inventory, excluding recording cost 13.00 Whole service for appraisement, excluding recording cost 13.00 (22) Sale of realty, personalty, or perishable property under administration or guardianship: Sale of perishable personalty, excluding recording cost 31.00 (23) Leave of sale of realty and nonperishable personalty: Public sale 31.00 Private sale 50.00 (24) Sale bill: Whole service for same, excluding recording cost 5.00 (25) No administration: Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, intestacy of decedent, his heirs and his being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc.; and issuing order of `No Administration Necessary'; excluding recording cost 47.00

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(26) Petition for attorney's fee: Receiving application; filing and docketing the same; services in hearing and determining allegations of applications; and order; excluding recording cost 31.00 (27) Public safety patrol trial: Holding trial 10.00 Receiving written application for warrant 6.00 (28) Petition for change of birth certificate: Whole service for same 30.00 (b) The judges of the probate courts are entitled to the following court costs for general services: (1) Recording, per page $ 1.50 (2) All pleadings, amendments, motions, etc., excluding recording cost per page 4.00 (3) Photostatic copies (for use as plain copies or as parts of cert. copies), per page .25 (4) All contested hearings (uncontested hearings included in base fee), per day 31.00 (5) All contested hearings (uncontested hearings included in base fee), per one-half day or less 19.00

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(6) Exemplified copies, base fee 3.00 Cost per page .25 (c) The judges of the probate courts are entitled to the following court costs for miscellaneous services: (1) Applicant to pay all publication costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed $ 13.00 (2) For every case litigated before the judge of the probate court where no costs are prescribed, per day 31.00 (3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half-day minimum charge 19.00 (4) For filing and docketing any application, petition, or case where no costs are prescribed 13.00 (5) For every order passed where no costs are prescribed (provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository) 3.00 (6) For each affidavit where no case is pending before judge of the probate court .50 (7) For issuing process against a person for not making return 16.00 (8) For rule nisi 12.50

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(9) For each subpoena 1.00 (10) For hearing election contests, to be taxed as cost per day 25.00 (11) For certificate of residency 4.00 (12) For recording marks and brands 4.00 (13) For bond when necessary 6.00 (14) For recording vouchers .25 (15) Base fee for entering an appeal and transmitting the proceeding to superior court 9.00 Cost per page of document 1.50 (Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.) (16) For filing and recording an official bond of county officers (to be paid by county) 4.00 (17) For taking and recording oath of county officer (to be paid by county) 4.00 (18) For each fi. fa. issued by the clerk of the probate court 3.00 (19) For seal and certificate 4.00 (20) Disabled veterans, certificate of eligibility, filing fee 1.00

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(21) For every explosive permit 5.00 (22) For every peddler's license 1.50 (23) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate 4.00 (24) For services in making settlement of accounts of executors, administrators, and guardians (when contested) 31.00 (25) For registration of corporation, business profession, or commodity subject to special tax, each 1.00 (26) For every pistol license issued 15.00 (27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box 28.00 (28) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriff's service, or advertising; base cost does not include a certified copy) 31.00 (29) For examining book and giving extract or fact that information sought is not therein 2.00 (30) For safekeeping a will 5.00 (31) For petition to encroach if amount of encroachment is $500.00 or less 9.00 (32) For petition to encroach over $500.00 16.00

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(33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service 56.00 (34) For granting letters to successor executor 38.00 (35) For petition to determine heirs 50.00 (36) For petition to enter safe-deposit box 16.00 (37) For receiving marriage application, issuing marriage license, and recording (whole service) 10.00 (38) For petition to accept funds for custody of minors, incompetents, and missing heirs (percentage of funds deposited) 5% (39) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed. Section 3. Said title is further amended by striking Code Section 15-10-82, relating to the fee for hearing an application for a search or arrest warrant or a bad check citation, and inserting in lieu thereof the following: 15-10-82. For hearing an application for an arrest or search warrant or bad check citation, the fee charged shall not exceed $10.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice.

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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 23, 1991. DRIVERS' LICENSES SUSPENSION OR REVOCATION; CONVICTION OF MARIJUANA POSSESSION; SUSPENSION PERIOD; REINSTATEMENT. Code Section 40-5-75 Amended. No. 563 (House Bill No. 123). 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 misdemeanor possession of marijuana; to provide 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 provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-75, relating to suspension of drivers'

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licenses for possession of controlled substances or marijuana, in its entirety and inserting in lieu thereof a new Code Section 40-5-75 to read as follows: 40-5-75. (a) The driver's license of any person convicted of possession of a controlled substance or marijuana in violation of subsection (b) of Code Section 16-13-2 or 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 not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of the assessment component and either the education/intervention component or the intensive intervention component of a DUI alcohol or drug use risk reduction program as prescribed by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 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 (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall, except as provided in subsection (c) of this Code section, constitute a conviction; (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 the intensive intervention component of a DUI

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alcohol or drug use risk reduction program as prescribed by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $35.00 or $25.00 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 submitted within two years of the license suspension and 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 (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;

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(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 (b) of Code Section 16-13-2 or 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; provided, however, that, effective January 1, 1992, if, at the time of conviction of unlawful possession of a controlled substance or marijuana, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license. (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. 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 education/intervention components of a First Offender DUI Alcohol or Drug Use Risk Reduction Program. 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

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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 components of a DUI alcohol or drug use risk reduction program and a restoration fee of $35.00 or $25.00 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 pursuant 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 be reinstated only 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 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

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$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 (b) of Code Section 16-13-2 or subsection (a) or (j) of Code Section 16-13-30 shall be deemed a conviction for purposes of this Code section. (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 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 23, 1991.

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GEORGIA AVIATION HALL OF FAME BOARD; OVERVIEW COMMITTEES; POWERS AND DUTIES; FUNDS. Code Section 50-12-71 Amended. Code Title 50, Chapter 12, Article 4, Part 3, Subpart 2 Enacted. No. 564 (House Bill No. 140). AN ACT To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to change the composition of the Georgia Aviation Hall of Fame Board; to provide for the Industry Committee of the House of Representatives and the Economic Development Committee of the Senate to act and serve as the overview committees of the Georgia Aviation Hall of Fame; to provide for the powers and duties of the committees; 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 committees; to provide for the securing of professional services; to provide for powers and duties of the Georgia Aviation Hall of Fame Board, 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 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, is amended by striking in their entirety subsections (a) and (c) of Code Section 50-12-71, relating to the composition of the Aviation Hall of Fame Board, and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) The board shall be composed of 17 members to be appointed as follows:

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(1) Sixteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; four members for initial terms of four years; and two members provided for in 1991 for initial terms of five years. Seven of the members appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and (2) One member shall be appointed by the Commander of the Warner Robins Air Logistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by the Governor for terms of six years. This member may reside in any area of the state. (c) Of the 17 members of the board, at least 11 members shall have experience in and be representative of the aviation industry or profession. Initial appointments shall be made prior to July 1, 1989, except that the additional members provided for in 1991 shall be appointed prior to October 1, 1991. In the event a vacancy occurs in the membership of the board, the Governor shall promptly fill the same for the unexpired term. A majority of the members shall constitute a quorum for the transaction of business. Section 2. Said article is further amended by designating Code Sections 50-12-70 through 50-12-74 as Subpart 1 of Part 3 and adding at the end of Part 3 a new Subpart 2 to read as follows: Subpart 2 50-12-75. The Industry Committee of the House of Representatives and the Economic Development Committee of the Senate shall act and serve as overview committees of the Georgia Aviation Hall of Fame. The committees shall periodically inquire into and review the operations of the Georgia Aviation Hall of Fame, as well as periodically review and evaluate the success with which the Georgia Aviation Hall of Fame Board is

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accomplishing its statutory duties and functions as provided in Subpart 1 of this part. 50-12-76. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committees, shall assist the committees in the discharge of their duties as set forth in this subpart. The committees may secure the services of independent accountants, engineers, and consultants to assist them in carrying out their duties. 50-12-77. The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, and other state agencies in order that the charges of the committees, set forth in this subpart, may be timely and efficiently discharged. The board shall submit to the committees such reports and data as the committees shall reasonably require of the board in order that the committees may adequately perform their functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Aviation Hall of Fame or the Georgia Aviation Hall of Fame Board. The committees shall, on or before the first day of January of each year, and at such other times as they deem necessary, submit to the General Assembly a report of their findings and recommendations based upon the review of the Georgia Aviation Hall of Fame, as set forth in this subpart. 50-12-78. In the discharge of their duties, the committees shall evaluate the performance of the Georgia Aviation Hall of Fame Board consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 50-12-79. (a) The committees are authorized to expend state funds available to the committees for the discharge of their duties. Said funds may be used for the purposes of paying for services of independent accountants, engineers, and consultants,

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and paying all other necessary expenses incurred by the committees in performing their duties. (b) The members of the committees shall receive the allowances authorized for legislative members of interim legislative committees. (c) The funds necessary for the purposes of the committees shall come from the funds appropriated to and available to the legislative branch of government. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. DRIVER'S LICENSE RECEIPT IN LIEU OF BAIL; VALIDATION PERIOD. Code Section 17-6-11 Amended. No. 565 (House Bill No. 187). AN ACT To amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, so as to provide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid; 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 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, is amended by striking subsection (a) of said Code section

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in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, including any offense under Code Section 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days unless otherwise extended by the court. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter. 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 23, 1991.

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ARREST FAMILY VIOLENCE; REPORT; INSPECTION OF RECORD. Code Section 17-4-20.1 Enacted. No. 566 (House Bill No. 449). AN ACT To amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated; to provide for the contents of such report; to provide for compilation of statistics; to provide for review and copying of reports by defendants; to provide that reports made when no arrest is made shall not be open to inspection; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, is amended by adding a new Code Section 17-4-20.1 to read as follows: 17-4-20.1. (a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely, or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.

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(b) Where complaints of family violence are received from two or more opposing parties, the officer shall evaluate each complaint separately to attempt to determine who was the primary aggressor. If the officer determines that one of the parties was the primary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider: (1) Prior family violence involving either party; (2) The relative severity of the injuries inflicted on each person; (3) The potential for future injury; and (4) Whether one of the parties acted in self-defense. (c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled `Family Violence Report.' The report shall include the following: (1) Name of the parties; (2) Relationship of the parties; (3) Sex of the parties; (4) Date of birth of the parties; (5) Time, place, and date of the incident; (6) Whether children were involved or whether the act of family violence was committed in the presence of children; (7) Type and extent of the alleged abuse; (8) Existence of substance abuse;

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(9) Number and types of weapons involved; (10) Existence of any prior court orders; (11) Number of complaints involving persons who have filed previous complaints; (12) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating circumstances for why an arrest was not made; (13) Whether the victim was apprised of available remedies and services; and (14) Any other information that may be pertinent. (d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant. (e) Each police department, including local precincts and county sheriff departments, shall report all family violence incidents, both arrests and nonarrests, to the Georgia Crime Information Center, which shall compile statistics of family violence crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991.

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PROSECUTING ATTORNEY'S COUNCIL ADMINISTRATIVE OR CLERICAL PERSONNEL; COMPENSATION. Code Section 15-18-44 Amended. No. 567 (House Bill No. 679). AN ACT To amend Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to the powers and duties of the Prosecuting Attorneys' Council, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retirement compensation from a county or municipal retirement plan for past 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. Code Section 15-18-44 of the Official Code of Georgia Annotated, relating to the powers and duties of the Prosecuting Attorneys' Council, is amended by striking subsection (d) and inserting in lieu thereof the following: (d) The council may not provide compensation from its funds to any administrative or clerical personnel employed by the council if the personnel are then receiving retirement compensation from the Trial Judges and Solicitors Retirement Fund, the Peace Officers' Annuity and Benefit Fund, the Sheriffs' Retirement Fund of Georgia, the Superior Court Clerks' Retirement Fund of Georgia, the Superior Court Judges Retirement Fund of Georgia, or any other retirement fund created by state law to provide compensation for past services as a judicial officer, prosecuting attorney, court officer, or law enforcement officer except for county or municipal retirement funds.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. FORFEITURE ILLEGAL HUNTING OF DEER; SUPERIOR COURT; RETAINING PROPERTY FOR USE. Code Section 27-3-48 Amended. No. 568 (House Bill No. 811). AN ACT To amend Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdivision of 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. Code Section 27-3-48 of the Official Code of Georgia Annotated, relating to unlawful killing of wildlife at night and condemnation of property, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following: (c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting

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of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of the petition shall be served upon the person or persons having custody or possession of the property at the time of the confiscation or seizure and, if known, upon any owner or lessee of the property and any person having a duly recorded security interest in or lien upon the property. If the owner, lessee, or person or persons having custody or possession of the property at the time of seizure are unknown or reside out of the state or depart the state or cannot after due diligence be found within the state or conceals himself or themselves so as to avoid service, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. The publication shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express or implied, of the owner, the judge of the superior court where the civil action is pending may, by order, retain the property for official use by any agency or political subdivision of this state or order that the property be sold after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers;

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(3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of the property; and (4) If any money remains, to the general funds of the county. The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. THERAPEUTIC RECREATION PERSONNEL LICENSES AND CERTIFICATION; STATE BOARD OF RECREATION EXAMINERS; COMPOSITION; EXAMINATIONS. Code Title 43, Chapter 41 Amended. No. 569 (Senate Bill No. 107). AN ACT To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board; to grant the board the authority to establish minimum curriculum for qualifying educational programs; to provide prerequisites to admission to examination; to clarify the grounds for disciplinary action; to provide definitions; to repeal certain provisions relating to certification and registration of members

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of the armed forces and relating to discrimination; to provide for grounds for revocation of a certificate or license; to provide for the expiration date of a certificate or license; to provide for temporary licenses and permits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Recreation Examiners, is amended by striking Code Section 43-41-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-41-1 to read as follows: 43-41-1. As used in this chapter, the term: (1) `Board' means the State Board of Recreation Examiners established under this chapter. (2) `Master therapeutic recreation specialist' means a person licensed to supervise and to administer the practice of therapeutic recreation as defined in this Code section and whose license is in good standing. (3) `Practice of therapeutic recreation' means, but is not limited to, the following: (A) Assessment of leisure functions; determining an individual's present level of recreative and leisure behavior and performance by using standardized procedures which include history taking; observation; staff, client, and family interviews; tests of leisure interests and motor, perceptual, social, and learning skills; and activity analysis for the purpose of preparing an individually prescribed leisure plan which will be goal oriented and stated in behavioral terms and will provide a schedule of service and evaluation; and (B) Providing therapeutic recreation services, which is a process that uses recreation services for intervention in an aspect of physical, emotional, or social behavior to bring about a desired change in that

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behavior and to promote the growth and development of that individual. (4) `Recreation administrator' means the executive head or management level position administering a permanent full-time recreation or park program for this state or county or municipality, or any agency thereof, or for any public institution. (5) `Recreation leader' means a person responsible for implementing recreation activities under the supervision of a recreation administrator or supervisor. (6) `Recreation supervisor' means a person responsible for the planning, organizing, and supervising of a part of a program administered by a recreation administrator. (7) `Therapeutic recreation specialist' means a person licensed to supervise and implement the practice of therapeutic recreation. (8) `Therapeutic recreation technician' means a person who is licensed to work under the supervision of therapeutic recreation specialists or master therapeutic recreation specialists in the practice of therapeutic recreation. Section 2. Said chapter is further amended by striking Code Section 43-41-3, relating to the composition of the board, and inserting in lieu thereof a new Code Section 43-41-3 to read as follows: 43-41-3. (a) The Governor shall appoint all members to the nine-member board. (b) Two members of the board shall be certified recreation administrators, two members shall be certified recreation supervisors, one member shall be a master therapeutic recreation specialist, two members shall be therapeutic recreation specialists, one member shall be actively providing academic instruction of therapeutic recreation majors at an accredited college or university and shall be licensed at a professional level, and one member shall be a consumer.

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(c) All appointments shall be for terms of three years. All members shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall serve after the expiration of their respective terms until their respective successors shall be appointed and shall qualify, and vacancies occurring in the membership of the board shall be filled for the unexpired terms only in the same manner that appointments to the board are made. Section 3. Said chapter is further amended by striking Code Section 43-41-5, relating to the general duties of the board, and inserting in lieu thereof a new Code Section 43-41-5 to read as follows: 43-41-5. The board shall have the following duties and responsibilities: (1) Administer a plan of permissive certification for recreation administrators, recreation supervisors, and recreation leaders, mandatory licensure for therapeutic recreation professionals in a medically based agency or institution, and permissive licensure for therapeutic recreation professionals in a municipal, county, or other nonmedically based agency or setting; (2) Make such rules and regulations as may be necessary for the carrying out of the plan; (3) Establish and modify qualifications and hold examinations for certification of recreation administrators, recreation supervisors, and recreation leaders and for licensure of therapeutic recreation technicians, therapeutic recreation specialists, and master therapeutic recreation specialists; (4) Conduct, or assist in conducting, research and studies of problems relating to professional standards among those engaged in recreation work and recommend changes and improvements therein;

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(5) Formulate proper application forms, certificates, licenses, and other materials pertinent to the plan; and (6) Establish the minimum curriculum requirements to constitute a degree in therapeutic recreation or a degree in recreation with an option or emphasis in therapeutic recreation. Section 4. Said chapter is further amended by striking Code Section 43-41-6, relating to prerequisites to examination for license as a therapeutic recreation technician, which reads as follows: 43-41-6. In order to be eligible to take the license examination for a therapeutic recreation technician, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field such as physical education, drama, arts and crafts, art, dance, or music from an accredited college or university, and six months of supervised work experience in therapeutic recreation; (3) Has an associate degree in therapeutic recreation; (4) Has an associate degree in recreation and six months supervised work experience in a therapeutic recreation program; (5) Has an associate degree in a related field and one year of professionally supervised work experience in a therapeutic recreation program; or (6) Has completed an approved high school education or its equivalent, as is proved by a diploma or equivalency certificate; has one year of professionally supervised work experience in a therapeutic recreation program; and has earned two National Therapeutic Recreation Society

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approved continuing professional development units in therapeutic recreation topics., in its entirety and inserting in lieu thereof the following: 43-41-6. (a) In order to be eligible to take the therapeutic recreation technician license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree in a related field, as defined by the board, from an accredited college or university and six months of supervised work experience in therapeutic recreation; (3) Has an associate degree in therapeutic recreation from an accredited college or university; (4) Has an associate degree in recreation from an accredited college or university and six months of supervised work experience in therapeutic recreation; (5) Has an associate degree in a related field, as defined by the board, from an accredited college or university and one year of professionally supervised work experience in therapeutic recreation; or (6) Has a high school diploma or equivalency certificate, one year of supervised work experience in therapeutic recreation, and two continuing professional development units in approved therapeutic recreation topics. (b) In order to be eligible to take the therapeutic recreation technician license examination after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university;

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(2) Has a baccalaureate degree in a related field, as defined by the board, from an accredited college or university and either six months of supervised work experience in therapeutic recreation or five quarter hours or three semester hours in approved therapeutic recreation topics; (3) Has an associate degree in therapeutic recreation from an accredited college or university; (4) Has an associate degree in recreation from an accredited college or university and either six months of supervised work experience in therapeutic recreation or five quarter hours or three semester hours in approved therapeutic recreation topics; (5) Has an associate degree in a related field, as defined by the board, from an accredited college or university and either one year of supervised work experience in therapeutic recreation or ten quarter hours or six semester hours in approved therapeutic recreation topics; or (6) Has a high school diploma or equivalency certificate, one year of supervised work experience in therapeutic recreation, and five continuing professional development units in approved therapeutic recreation topics. Section 5. Said chapter is further amended by striking Code Section 43-41-7, relating to prerequisites to admission to examination for license as a therapeutic recreation technician specialist, which reads as follows: 43-41-7. In order to be eligible to take the license examination for a therapeutic recreation specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation and an option or emphasis in therapeutic recreation; (2) Has a baccalaureate degree from an accredited college or university with a major in recreation and has one year of professionally supervised work experience in a therapeutic

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recreation program and five continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Society; or (3) Has a baccalaureate degree from an accredited college or university with a major in a field related to therapeutic recreation and has two years' professionally supervised work experience in the therapeutic recreation field and ten continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Association., in its entirety and inserting in lieu thereof the following: 43-41-7. (a) In order to be eligible to take the therapeutic recreation specialist license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation, as defined by the board; (2) Has a baccalaureate degree from an accredited college or university with a major in recreation, one year of professionally supervised work experience in therapeutic recreation, and five continuing professional development units in approved therapeutic recreation topics; (3) Has a baccalaureate degree from an accredited college or university with a major in a related field, as defined by the board, two years of professionally supervised work experience in therapeutic recreation, and ten continuing professional development units in approved therapeutic recreation topics; or (4) Has previously been licensed as a therapeutic recreation technician, pursuant to Code Section 43-41-6, and has ten years' experience as a therapeutic recreation technician as of July 1, 1991.

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(b) In order to be eligible to take the therapeutic recreation specialist license examination after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has either a baccalaureate degree or a master's degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation; or (2) Has a baccalaureate degree from an accredited college or university with a major in recreation and either one year of professionally supervised work experience in therapeutic recreation and five quarter hours or three semester hours in therapeutic recreation content courses or six months' professionally supervised work experience in therapeutic recreation and ten quarter hours or six semester hours in therapeutic recreation content courses. (c) Any person who is enrolled in an accredited university or college, expects to graduate from said university or college within six months of the date of filing an application to take the examination, and otherwise satisfies the board's criteria for taking the examination shall be eligible to take the therapeutic recreation specialist license examination; provided, however, that the board shall not release the applicant's grade on the examination unless the applicant provides the board with satisfactory evidence of graduation within seven months of the date of filing the application for said examination with the board. Section 6. Said chapter is further amended by striking Code Section 43-41-8, relating to prerequisites to admission to examination for license as a master therapeutic recreation specialist, which reads as follows: 43-41-8. In order to be eligible to take the license examination for a master therapeutic recreation specialist, the applicant must present, in addition to the requirements of Code Section 43-41-12, satisfactory evidence that the applicant: (1) Has a master's degree from an accredited college or university with:

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(A) A major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and two years' professionally supervised work experience in a therapeutic recreation program; or (B) A major in recreation and three years' professionally supervised work experience in a therapeutic recreation program and 15 continuing professional development units in therapeutic recreation topics approved by the National Therapeutic Recreation Association; or (2) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and seven years' professionally supervised work experience in a therapeutic recreation program and 20 quarter hours or 12 semester credits in therapeutic recreation related topics., in its entirety and inserting in lieu thereof the following: 43-41-8. (a) In order to be eligible to take the master therapeutic recreation specialist license examination prior to July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has a master's degree from an accredited college or university with: (A) A major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic recreation and two years of work experience in therapeutic recreation; or (B) A major in recreation and three years of work experience in therapeutic recreation and 15 continuing professional development units in approved therapeutic recreation topics; (2) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation with an option or emphasis in therapeutic

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recreation, seven years of work experience in therapeutic recreation, and 20 quarter hours or 12 semester credits in therapeutic recreation related topics; or (3) Has previously been licensed as a therapeutic recreation specialist, pursuant to Code Section 43-41-7, and has ten years' experience as a therapeutic recreation specialist as of July 1, 1991. (b) In order to be eligible to take the master therapeutic recreation specialist license examination after July 1, 1993, the applicant must present satisfactory evidence that the applicant: (1) Has both a master's degree and a baccalaureate degree in therapeutic recreation from an accredited college or university and two years' full-time experience in therapeutic recreation; (2) Has a master's degree in therapeutic recreation and a baccalaureate degree in recreation, each degree from an accredited college or university, and three years' full-time experience in therapeutic recreation; (3) Has a master's degree in recreation and a baccalaureate degree in therapeutic recreation, each degree from an accredited college or university, and four years' full-time experience in therapeutic recreation; (4) Has a master's degree in therapeutic recreation and a baccalaureate degree in a related field, as defined by the board, each degree from an accredited college or university, and five years' full-time experience in therapeutic recreation: (5) Has a master's degree in a related field, as defined by the board, and a baccalaureate degree in therapeutic recreation, each degree from an accredited college or university, and six years' full-time experience in therapeutic recreation; (6) Has a master's degree in therapeutic recreation and a baccalaureate degree in a nonrelated field, each

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degree from an accredited college or university, and seven years' full-time experience in therapeutic recreation; or (7) Has a baccalaureate degree in therapeutic recreation from an accredited college or university, seven years' full-time experience in therapeutic recreation, and 20 quarter hours or 12 semester hours of graduate work in approved therapeutic recreation topics. Section 7. Said chapter is further amended by striking Code Section 43-41-9, relating to prerequisites to admission to examination for license as a recreation administrator, and inserting in lieu thereof a new Code Section 43-41-9 to read as follows: 43-41-9. (a) In order to be eligible to take an examination for certification as a recreation administrator, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university and a minimum of 12 months' full-time recreation experience; (2) Has a baccalaureate degree from an accredited college or university in a related field, as defined by the board, and a minimum of 24 months' full-time recreation experience; (3) Has a baccalaureate degree from an accredited college or university and a minimum of 36 months' full-time recreation experience; or (4) Has ten or more years' full-time recreation or park specialty experience in an administrative or management capacity normally requiring possession of a baccalaureate degree. (b) In meeting the qualifications required for paragraphs (2), (3), and (4) of subsection (a) of this Code section, an applicant may substitute 30 quarter hours or 20 semester hours from an accredited college or university in recreation for 12 months' recreation experience.

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Section 8. Said chapter is further amended by striking Code Section 43-41-10, relating to prerequisites to admission to examination for license as a recreation supervisor, and inserting in lieu thereof a new Code Section 43-41-10 to read as follows: 43-41-10. (a) In order to be eligible to take an examination for certification as a recreation supervisor, the applicant must present satisfactory evidence that the applicant: (1) Has a baccalaureate degree in recreation from an accredited college or university; (2) Has a baccalaureate degree from an accredited college or university in a related field, as defined by the board, and a minimum of 12 months' full-time recreation experience; (3) Has a baccalaureate degree from an accredited college or university and a minimum of 24 months' full-time recreation experience; or (4) Has four years' full-time recreation or park specialty experience in a supervisory capacity normally requiring possession of a baccalaureate degree. (b) Any person who is enrolled in an accredited university or college, expects to graduate from said university or college within six months of the date of filing an application to take the examination, and otherwise satisfies the board's criteria for taking the examination shall be eligible to take an examination for certification as a recreation supervisor; provided, however, that the board shall not release the applicant's grade on the examination unless the applicant provides the board with satisfactory evidence of graduation within seven months of the date of filing the application for said examination with the board. Section 9. Said chapter is further amended by striking Code Section 43-41-11, relating to prerequisites to admission to examination for certification and registration as a recreation leader, which reads as follows:

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43-41-11. In order to be eligible to take an examination for certification and registration as a recreation leader, every applicant shall: (1) Hold a high school diploma and have a minimum total of 30 months' recreation experience; (2) Have completed two years of successful college study and have a minimum total of 12 months' recreation experience; or (3) Be the holder of an associate degree in recreation., in its entirety and inserting in lieu thereof the following: 43-41-11. In order to be eligible to take an examination for certification as a recreation leader, the applicant must present satisfactory evidence that the applicant: (1) Has an associate degree in recreation; (2) Has 90 quarter hours or 60 semester hours from an accredited college or university and either 12 months' parttime recreation experience or six months' full-time recreation experience; or (3) Has a high school diploma or equivalency certification and either 24 months' part-time recreation experience or 12 months' full-time recreation experience. Section 10. Said chapter is further amended by striking Code Section 43-41-13, relating to examination procedure, and inserting in lieu thereof a new Code Section 43-41-13 to read as follows: 43-41-13. Examinations may be given by written, oral, and practical tests, accompanied by interviews and other evaluation aids as shall be determined by the board; and at least two examinations shall be given in each calendar year if an application is made therefor. Every applicant successfully passing an examination shall receive a certificate or license and be registered accordingly.

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Section 11. Said chapter is further amended by striking in its entirety Code Section 43-41-14, relating to certification and registration of members of the armed forces, and inserting in lieu thereof the following: 43-41-14. Reserved. Section 12. Said chapter is further amended by striking in its entirety Code Section 43-41-15, relating to discrimination, and inserting in lieu thereof the following: 43-41-15. Reserved. Section 13. Said chapter is further amended by striking Code Section 43-41-16, relating to grounds for rejection and revocation of a certificate or license, and inserting in lieu thereof a new Code Section 43-41-16 to read as follows: 43-41-16. The board may refuse to issue a certificate or license or revoke any certificate or license issued by it if the person applying for or holding such certificate or license has: (1) Been convicted of an offense involving moral turpitude or any felony; (2) Made any willful statement or impersonated any other person or permitted or aided any other person to impersonate him or her in connection with any application for examination for licensure or for certification and registration; (3) Been found to be negligent or incompetent in performing the duties of any position held by the person; (4) Sold or fraudulently obtained or furnished any therapeutic recreation diploma, license, renewal, record, or any means of certification or licensure in therapeutic recreation, or aided or assisted therein; (5) Fraudulently represented himself or herself as a therapeutic recreation professional or technician under cover of any diploma, license, or record unlawfully or fraudulently obtained, signed, or issued; or

Page 1799

(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct materially affects the fitness of the licensee or certificate holder or applicant to practice the profession regulated by this chapter or which conduct is likely to jeopardize the interest of the public. This conduct need not have resulted in actual injury to any person nor have been directly related to the practice of recreation or therapeutic recreation, but shows that the individual in question 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 in the field of recreation or therapeutic recreation, including, but not limited to, failing to comply with the ethical codes of the National Recreation and Park Association, the National Therapeutic Recreation Society, and the American Therapeutic Recreation Association. Section 14. Said chapter is further amended by striking Code Section 43-41-17, relating to the expiration date of certificates, and inserting in lieu thereof a new Code Section 43-41-17 to read as follows: 43-41-17. (a) Except for temporary certificates and licenses issued under Code Section 43-41-18, all certificates and licenses issued under this chapter shall be valid for up to two years and shall be renewable biennially. (b) To be eligible for license renewal, the applicant must have completed the number of continuing professional development units prescribed by the board. Section 15. Said chapter is further amended by striking Code Section 43-41-18, relating to temporary licenses and permits, and inserting in lieu thereof a new Code Section 43-41-18 to read as follows: 43-41-18. A temporary certificate or license to practice as a recreator or therapeutic recreator within this state may be granted in accordance with the provisions of the rules and regulations of the board.

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Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. DEPARTMENT OF TECHNICAL AND ADULT EDUCATION EMPLOYEE CONTRIBUTIONS TO FUND FOR TECHNICAL AND ADULT EDUCATION; PAYROLL DEDUCTIONS. Code Section 20-4-11 Amended. No. 570 (Senate Bill No. 180). AN ACT To amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to authorize said board to establish a plan for the employees of the Department of Technical and Adult Education to make voluntary contributions through payroll deduction to a certain fund for technical and adult education; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking the word and where it appears at the end of paragraph (6); by striking the period appearing at the end of paragraph (7) and inserting in lieu thereof the following:

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;and and by adding at the end of said Code section a new paragraph (8) to read as follows: (8) To establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall: (A) Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and (B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST EXCLUSION OF CERTAIN PARCELS; STANDARD ON ASSESSMENT-RATIO STUDIES; USE. Code Section 48-5-274 Amended. No. 571 (Senate Bill No. 201). AN ACT To amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized

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adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to provide that certain parcels shall not be included in the sales ratio study; to provide that personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies; 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. Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, is amended by striking paragraph (5) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel: (A) Title to which was transferred pursuant to the exercise of the power of eminent domain; (B) Title to which was transferred in a non-arm's length sale as defined by the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors; or

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(C) Title to which was transferred in a sale for investment or development purposes and whose sales price is not reflective of current use of said property. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county. Section 2. Said Code section is further amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The average ratio of assessed value to true value of county property to be established by the state auditor for the purposes of paragraph (5) of subsection (a) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. Personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine other unusable transactions and the representative number of parcels and usable transactions necessary to establish accurately the average ratio described in paragraph (5) of subsection (a) of this Code section. Section 3. This Act shall become effective January 1, 1992, and shall be applicable to each equalized adjusted school

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property tax established and maintained by the state auditor after January 1, 1992. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION GAS PIPELINE OR DISTRIBUTION SYSTEM OF A MUNICIPALITY; ACQUISITION; PURCHASE PRICE; RATE BASE. Code Section 46-4-25 Amended. No. 572 (Senate Bill No. 202). AN ACT To amend Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the commission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired when an applicant seeks to acquire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes, subject to the depreciation thereafter allowed upon such system; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 46-4-25 of the Official Code of Georgia Annotated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience

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and necessity, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) If the applicant seeks a certificate of public convenience and necessity authorizing the applicant to acquire a gas pipeline or distribution system of a municipal corporation, the commission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired. Issuance by the commission of a certificate of public convenience and necessity authorizing such acquisition is a determination by the commission, among other things, that the purchase price is the measure of the value of the system to be included in the applicant's rate base for rate-making purposes, subject to the depreciation thereafter allowed upon such system. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. MOTOR VEHICLE CHOP SHOP AND STOLEN AND ALTERED PROPERTY ACT ENACTMENT; OFFENSES; FORFEITURE PROCEEDINGS; CIVIL ACTIONS; CERTIFICATES OF TITLE. Code Title 16, Chapter 8, Article 4 Enacted. No. 573 (Senate Bill No. 230). AN ACT To amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the Motor Vehicle Chop Shop and Stolen and Altered Property Act; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties; to provide for forfeiture of any motor vehicle or any motor vehicle part,

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tool, item, or instrumentality used or possessed in violation of this Act; to provide for duties and powers of seizing law enforcement agencies; to provide for forfeiture proceedings; to provide for methods of disposition of forfeited motor vehicles, parts, or other items; to provide for disposition of proceeds from the sale of such forfeited items; to provide for exceptions; to provide for towing and storage charges for motor vehicles subject to forfeiture proceedings; to provide for retention of records; to provide for issuance of new or salvage certificates of title, vehicle identification numbers, or other identifying records under certain conditions; to provide for a civil cause of action; to provide for relief which may be granted in a civil action; to provide for injunctive relief; to provide for treble damages; to provide for estoppel; to provide for notice; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by adding a new Article 4 to read as follows: ARTICLE 4 16-8-80. This article shall be known and may be cited as the `Motor Vehicle Chop Shop and Stolen and Altered Property Act.' 16-8-81. (a) The General Assembly finds and declares the following: (1) The annual number of reported motor vehicle thefts has exceeded 1 million. Approximately 50 percent of all larcenies reported to law enforcement authorities in the United States are directed against motor vehicles. The recovery rate of stolen motor vehicles has decreased significantly during the most recent decade; (2) Thefts of motor vehicles and the disposition of stolen motor vehicles and motor vehicle parts are becoming more professional in nature. Such theft and disposition activities have attracted criminal elements which have used

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intimidation and violence as a means of obtaining increased control of such activities; (3) The theft of motor vehicles has brought increased and unnecessary burdens to motor vehicle users and taxpayers, as the national financial cost of motor vehicle related theft offenses currently approaches $5 billion annually; (4) Prosecutors should give increased emphasis to the prosecution of persons committing motor vehicle thefts, with particular emphasis given to professional motor vehicle theft operations and to persons engaged in the dismantling of stolen motor vehicles for the purpose of trafficking in stolen motor vehicle parts; and (5) Traditional law enforcement strategies and techniques that concentrate on bringing criminal penalties to bear on motor vehicle thieves, but do not focus on chop shops that are heavily involved in the dismantling of stolen motor vehicles or the distribution of motor vehicle parts and that do not enlist the assistance of private enforcement and use civil sanctions, are inadequate to control motor vehicle theft, as well as related offenses. Comprehensive strategies must be formulated; more effective law enforcement techniques must be developed; evidentiary, procedural, and substantive laws must be strengthened; and criminal penalties and civil sanctions must be enhanced. (b) The General Assembly, therefore, concludes that for the protection of the general public interest, the `Motor Vehicle Chop Shop and Stolen and Altered Property Act' shall be enacted. 16-8-82. As used in this article, the term: (1) `Chop shop' means any building, lot, or other premise where one or more persons knowingly engage in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud in order to either:

Page 1808

(A) Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identification, including the vehicle identification number of such motor vehicle or motor vehicle part, in order to misrepresent the identity of such motor vehicle or motor vehicle part or to prevent the identification of such motor vehicle or motor vehicle part; or (B) Sell or dispose of such motor vehicle or motor vehicle part. (2) `Motor vehicle' includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including, but not limited to, farm machinery and construction equipment. (3) `Person' includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. (4) `Unidentifiable' means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques. (5) `Vehicle identification number' includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.

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16-8-83. (a) Any person who knowingly and with intent: (1) Owns, operates, or conducts a chop shop; (2) Transports any motor vehicle or motor vehicle part to or from a location knowing it to be a chop shop; or (3) Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part either to or from a location knowing it to be a chop shop shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than ten years, by a fine of not more than $100,000.00, or by both such fine and imprisonment. (b) Any person who knowingly alters, counterfeits, defaces, destroys, disguises, falsifies, forges, obliterates, or removes a vehicle identification number with the intent to misrepresent the identity or prevent the identification of a motor vehicle or motor vehicle part 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, by a fine of not more than $50,000.00, or by both such fine and imprisonment. (c) (1) Any person who buys, disposes, sells, transfers, or possesses a motor vehicle or motor vehicle part with knowledge that the vehicle identification number of the motor vehicle or motor vehicle part has been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed 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, by a fine of not more than $50,000.00, or by both such fine and imprisonment. (2) The provisions of paragraph (1) of this subsection shall not apply to a motor vehicle scrap processor who, in the normal legal course of business and in good faith, processes a motor vehicle or motor vehicle part by crushing, compacting, or other similar methods, provided that any vehicle identification number is not removed from the

Page 1810

motor vehicle or motor vehicle part prior to or during any such processing. (3) The provisions of paragraph (1) of this subsection shall not apply to any owner or authorized possessor of a motor vehicle recovered by law enforcement authorities after having been stolen or where the condition of the vehicle identification number of the motor vehicle or motor vehicle part is known to or has been reported to law enforcement authorities. It shall be presumed that law enforcement authorities have knowledge of all vehicle identification numbers on a motor vehicle or motor vehicle part which are altered, counterfeited, defaced, disguised, falsified, forged, obliterated, or removed when law enforcement authorities deliver or return the motor vehicle or motor vehicle part to its owner or authorized possessor after it has been recovered by law enforcement authorities after having been reported stolen. (d) A person commits the offense of attempted operation of a chop shop when, with the intent to commit a violation proscribed by subsection (a), (b), or (c) of this Code section, the person does any act which constitutes a substantial step toward the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. (e) A person commits the offense of conspiracy when, with the intent that a violation proscribed by subsection (a), (b), or (c) of this Code section be committed, the person agrees with another to the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. No person may be convicted of conspiracy under this subsection unless an act in furtherance of such agreement is alleged and proved to have been committed by that person or a co-conspirator.

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(f) A person commits the offense of solicitation when, with the intent that a violation proscribed by subsection (a), (b), or (c) of this Code section be committed, the person commands, encourages, or requests another to commit a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. (g) A person commits the offense of aiding and abetting when, either before or during the commission of a violation proscribed by subsection (a), (b), or (c) of this Code section and with the intent to promote or facilitate such commission, the person aids, abets, agrees, or attempts to aid another in the planning or commission of a violation proscribed by subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. (h) A person is an accessory after the fact who maintains, assists, or gives any other aid to an offender while knowing or having reasonable grounds to believe the offender has committed a violation under subsection (a), (b), or (c) of this Code section; and such person shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years, by a fine of not more than $25,000.00, or by both such fine and imprisonment. (i) No prosecution shall be brought and no person shall be convicted of any violation under this Code section where the acts of such person otherwise constituting a violation were done in good faith in order to comply with the laws or regulations of any state or territory of the United States or of the United States government. (j) The sentence imposed upon a person convicted of any violation of this Code section shall not be reduced to less than one year of imprisonment for a second conviction or less than five years for a third or subsequent conviction, and no sentence imposed upon a person for second or subsequent conviction of

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any violation of this Code section shall be suspended or reduced until such person shall have served the minimum period of imprisonment provided for in this Code section. A person convicted of a second or subsequent violation of this Code section shall not be eligible for probation, parole, furlough, or work release. (k) (1) In addition to any other punishment, a person who violates this Code section shall be ordered to make restitution to the lawful owner or owners of the stolen motor vehicle or vehicles or the stolen motor vehicle part or parts, to the owner's insurer to the extent that the owner has been compensated by the insurer, and to any other person for any financial loss sustained as a result of a violation of this Code section. (2) For purposes of this Code section, the term: (A) `Financial loss' shall include, but not be limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs, and claims payments. (B) `Lawful owner' shall include an innocent bona fide purchaser for value of a stolen motor vehicle or motor vehicle part who does not know that the motor vehicle or part is stolen or an insurer to the extent that such insurer has compensated a bona fide purchaser for value. (3) The court shall determine the extent and method of restitution required under this subsection. In an extraordinary case, the court may determine that the best interests of the victim and justice would not be served by ordering restitution. In any such case, the court shall make and enter specific written findings on the record concerning the extraordinary circumstances presented which mitigated against restitution. 16-8-84. (a) Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Code Section 16-8-83 may be seized by a member of a state or

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local law enforcement agency upon process issued by any court of competent jurisdiction. (b) Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if: (1) The seizure is made in accordance with any applicable law or regulation; (2) The seizure is incident to inspection under an administrative inspection warrant; (3) The seizure is incident to a search made under a search warrant; (4) The seizure is incident to a lawful arrest; (5) The seizure is made pursuant to a valid consent to search; (6) The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under Code Section 16-8-86; or (7) There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public. (c) When property is seized pursuant to this Code section, the seizing agency may: (1) Place the property under seal; or (2) Remove the property to a place selected and designated by the seizing agency. 16-8-85. (a) The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to defraud and the rightful owner is known or can be identified and located: (1) Any tool;

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(2) Any implement; or (3) Any instrumentality, including, but not limited to, any motor vehicle or motor vehicle part, whether or not owned by the person from whose possession or control it was seized, which is used or possessed either in violation of Code Section 16-8-83 or to promote or facilitate a violation of Code Section 16-8-83. (b) Any motor vehicle, other conveyance, or motor vehicle part used by any person as a common carrier is subject to forfeiture under this Code section where the owner or other person in charge of the motor vehicle, other conveyance, or motor vehicle part is a consenting party to a violation of Code Section 16-8-83. (c) (1) Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or instrumentality is not subject to forfeiture under this Code section by reason of any act or omission which the owner proves to have been committed or omitted without the owner's knowledge or consent. (2) Seizing agencies shall utilize their best efforts to identify any seized motor vehicle or motor vehicle part to determine ownership or the identity of any other person having a right or interest in a seized motor vehicle or motor vehicle part. In its reasonable identification and owner location attempts, the seizing agency shall cause the stolen motor vehicle files of the Georgia Bureau of Investigation to be searched for stolen or wanted information on motor vehicles similar to the seized motor vehicle or consistent with the seized motor vehicle part. (3) Where a motor vehicle part has an apparent value in excess of $1,000.00: (A) The seizing agency shall consult with an expert of the type specified in paragraph (4) of Code Section 16-8-82; and (B) The seizing agency shall also request searches of the on-line and off-line files of the National Crime Information Center and the National Automobile Theft

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Bureau when the Georgia Bureau of Investigation and Georgia Crime Information Center files have been searched with negative results. (d) A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by a bona fide security interest is subject to the interest of the secured party where the secured party neither had knowledge of nor consented to the act or omission forming the ground for the forfeiture. (e) Property, as described in subsection (a) of Code Section 16-8-85, which is seized and held for forfeiture shall not be subject to replevin and is subject only to the order and judgments of a court of competent jurisdiction hearing the forfeiture proceedings. (f) (1) A prosecutor in the county where the seizure occurs shall bring an action for forfeiture in a court of competent jurisdiction. The forfeiture action shall be brought within 60 days from the date of seizure except where the prosecutor in the sound exercise of discretion determines that no forfeiture action should be brought because of the rights of property owners, lienholders, or secured creditors or because of exculpatory, exonerating, or mitigating facts and circumstances. (2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency. (3) Notice of the forfeiture proceeding shall be given to any other such person as may appear, from the facts and circumstances, to have any right, title, or interest in or to the property. (4) The owner of the property or any person having or claiming, right, title, or interest in the property may within

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60 days after the mailing of such notice file a verified answer to the complaint and may appear at the hearing on the action for forfeiture. (5) The prosecutor shall show at a forfeiture hearing, by a preponderance of the evidence, that such property was used in the commission of a violation of Code Section 16-8-83 or was used or possessed to facilitate such violation. (6) The owner of such property may show by a preponderance of the evidence that the owner did not know, and did not have reason to know, that the property was to be used or possessed in the commission of any violation or that any of the exceptions to forfeiture are applicable. (7) Unless the prosecutor shall make the showing required of it, the court shall order the property released to the owner. Where the prosecutor has made such a showing, the court may order that: (A) The property be destroyed by the agency which seized it or some other agency designated by the court; (B) The property be delivered and retained for use by the agency which seized it or some other agency designated by the court; or (C) The property be sold at public sale. (g) A copy of a forfeiture order shall be filed with the sheriff of the county in which the forfeiture occurs and with each federal or state department or agency with which such property is required to be registered. Such order, when filed, constitutes authority for the issuance to the agency to whom the property is delivered and retained for use or to any purchaser of the property of a certificate of title, registration certificate, or other special certificate as may be required by law in consideration of the condition of the property. (h) Proceeds from sale at public auction, after payment of all reasonable charges and expenses incurred by the agency designated by the court to conduct the sale in storing and selling

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the property, shall be paid into the general fund of the county of seizure. (i) No motor vehicle, either seized under Code Section 16-8-84 or forfeited under Code Section 16-8-85, shall be released by the seizing agency or used or sold by an agency designated by the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number is corrected by the issuance and affixing of either an assigned or replacement vehicle identification number plate as may be appropriate under laws or regulations of this state. (j) No motor vehicle part having any altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed vehicle identification number may be disposed of upon forfeiture except by destruction thereof, except that this subsection shall not apply to any such motor vehicle part which is assembled with and constitutes part of a motor vehicle. (k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored. (l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored.

Page 1818

(m) When a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of $1,000.00 or less, the seizing agency shall authorize the disposal of the motor vehicle or motor vehicle part, provided that no such disposition shall be made sooner than 60 days after the date of seizure. (n) The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part shall be deposited into the general fund of the state, county, or municipal corporation employing the seizing agency after deduction of any reasonable and necessary towing and storage charges. (o) Seizing agencies shall utilize their best efforts to arrange for the towing and storing of motor vehicles and motor vehicle parts in the most economical manner possible. In no event shall the owner of a motor vehicle or a motor vehicle part be required to pay more than the minimum reasonable costs of towing and storage. (p) A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable shall be held subject to the order of the court in which the criminal action is pending or, if a request for its release from such custody is made, until the prosecutor has notified the defendant or the defendant's attorney of such request and both the prosecution and defense have been afforded a reasonable opportunity for an examination of the property to determine its true value and to produce or reproduce, by photographs or other identifying techniques, legally sufficient evidence for introduction at trial or other criminal proceedings. Upon expiration of a reasonable time for the completion of the examination, which in no event shall exceed 14 days from the date of service upon the defense of the notice of request for return of property as provided in this subsection, the property shall be released to the person making such request after satisfactory proof of such person's entitlement to the possession thereof. Notwithstanding the foregoing, upon application by either party with notice to the other, the court may order retention of the property if it determines that retention is necessary in the furtherance of justice. (q) When a seized vehicle is forfeited, restored to its owner, or disposed of as unidentifiable, the seizing agency shall

Page 1819

retain a report of the transaction for a period of at least one year from the date of the transaction. (r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of revenue, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser. 16-8-86. (a) The Attorney General, any prosecutor, or any aggrieved person may institute a civil action against any person in a court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this article. If the plaintiff in such action proves the alleged violation, or its threat, by a preponderance of the evidence, any court of competent jurisdiction after due provision for the rights of innocent persons shall grant relief by entering any appropriate order or judgment, including, but not limited to: (1) Ordering any defendant to be divested of any interest in any property; (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including prohibiting any defendant from engaging in the same type of endeavor as the defendant was engaged in previously; (3) Ordering the suspension or revocation of a license, permit, or prior approval granted by any public agency or any other public authority; or (4) Ordering the surrender of the charter of a corporation organized under the laws of this state or the revocation of a certificate authorizing a foreign corporation to conduct business within this state upon a finding that the board of

Page 1820

directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct made unlawful by this article and that, for the prevention of future criminal conduct, the public interest requires the charter of the corporation be surrendered and the corporation dissolved or the certificate to conduct business in this state revoked. (b) In a proceeding under this Code section, injunctive relief shall be granted in conformity with the principles that govern the granting of relief from injury or threatened injury in other cases, but no showing of special or irreparable injury shall have to be made. Pending final determination of a proceeding under this Code section, a temporary restraining order or a preliminary injunction may be issued upon a showing of immediate danger of significant injury, including the possibility that any judgment for money damages might be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the execution of proper bond against injury for an injunction improvidently granted. (c) Any person injured, directly or indirectly, by conduct constituting a violation by any person of Code Section 16-8-83 shall, in addition to any other relief, have a cause of action for threefold the actual damages sustained by the person. (d) A final judgment or decree rendered against the defendant in any civil or criminal proceeding shall estop the defendant in any subsequent civil action or proceeding brought by any person as to all matters to which the judgment or decree would be an estoppel as between the parties to the civil or criminal proceeding. (e) Notwithstanding any other provision of law providing for a shorter period of limitations, a civil action under this Code section may be commenced at any time within five years after the conduct made unlawful under Code Section 16-8-83 terminates or the cause of action accrues or within any longer statutory period that may be applicable. If any action is brought by a prosecutor to punish, prevent, or restrain any activity made unlawful under Code Section 16-8-83, the running of the period of limitations shall be suspended during the

Page 1821

pendency of such action and for two years following its termination. (f) Personal service of any process in an action under this Code section may be made upon any person outside the state if the person has engaged in any conduct constituting a violation of Code Section 16-8-83 in this state. The person shall be deemed to have thereby submitted to the jurisdiction of the courts of this state for the purposes of this subsection. (g) Obtaining any civil remedy under this Code section shall not preclude obtaining any other civil or criminal remedy under this article or any other provision of law. Civil remedies under this Code section are supplemental and not exclusive. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. LOCAL GOVERNMENTS REIMBURSEMENT; DEFENSE; OFFICERS AND EMPLOYEES; CRIMINAL ACTS. Code Section 45-9-21 Amended. No. 574 (Senate Bill No. 279). AN ACT To amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1822

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, is amended by striking Code Section 45-9-21, relating to furnishing a defense to officers and employees of municipalities, counties, and other public bodies in lieu of insurance, and inserting in its place a new Code section to read as follows: 45-9-21. (a) In lieu of obtaining the insurance or indemnity referred to in Code Section 45-9-20 or in addition thereto, such municipalities, counties, and other public bodies may, in their discretion, as a part of the compensation and terms of employment of members of the governing bodies of such municipalities, counties, and other public bodies, and of supervisors, administrators, employees, or other elected or appointed officers, adopt policies whereby the municipality, county, and other public body will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county, or other public body, or against supervisors, administrators, employees, or other elected or appointed municipal or county officers, arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights. (b) The governing authority of a municipality, county, or other public body shall not be authorized to furnish a defense to any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest. (c) Notwithstanding the provisions of subsection (b) of this Code section, the governing authority of a municipality, county, or other public body shall be authorized to reimburse any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest for all or a part of the cost of the defense of such person if

Page 1823

such person is found not guilty of such crime or if the charges against such person are dismissed or nolle prossed. (d) A municipality, county, or other public body may expend state, federal, and local funds to effectuate the provisions of this Code section, including, but not limited to, attorney's fees, court costs, deposition costs, witness fees and compensation, and all other like costs, expenses, and fees. 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 23, 1991. JUVENILE COURTS PROBATION AND INTAKE SERVICES; TRANSFER TO THE DEPARTMENT OF HUMAN RESOURCES; TRANSFER OF EMPLOYEES. Code Section 15-11-9.1 Enacted. No. 575 (Senate Bill No. 335). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1824

Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding after Code Section 15-11-9 a new Code section to read as follows: 15-11-9.1. (a) As used in this Code section, the term: (1) `Department' means the Department of Human Resources. (2) `Probation and intake employees' means any probation officer specified in Code Section 15-11-7 and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this article, other than a juvenile court judge, associate juvenile court judge, or court service worker. (3) `Probation and intake services' means those services provided by probation and intake employees for the juvenile court of a county. (b) After June 30, 1992, the intake and probation services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and fully funded through the department. The intake and probation employees of juvenile courts of those counties whose intake and probation services are transferred pursuant to this Code section shall become employees of the department on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) The intake and probation services of the juvenile court of a county may be transferred to the department pursuant to this Code section by local Act of the General Assembly which approves such transfer and becomes effective after June 30, 1992.

Page 1825

Section 2. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. EDUCATION CHILDREN; PATIENTS OR CLIENTS IN LICENSED FACILITY; MENTALLY RETARDED; FREE PUBLIC INSTRUCTIONAL PROGRAM. Code Section 20-2-133 Amended. No. 576 (Senate Bill No. 348). AN ACT To amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the objectives and purposes of the Quality Basic Education Act, so as to provide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the objectives and purposes of the Quality Basic Education Act, is amended by striking Code Section 20-2-133, relating to free public instruction

Page 1826

and eligibility for such instruction, in its entirety and inserting in its place a new Code Section 20-2-133 to read as follows: 20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164; provided, further, that no child placed by the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days and no child who is a patient in a facility licensed by this state to deliver intermediate care for the mentally retarded who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b) of this Code section and no child who is in the physical custody of the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students. (b) (1) Except for a child who is in the physical custody of the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any

Page 1827

child placed by the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility. (2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the

Page 1828

Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Human Resources and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held. (3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days. (B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another. (4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the

Page 1829

contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grants will be determined and made pursuant to regulations adopted by the State Board of Education. (6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child. (7) The State Department of Education, the Department of Human Resources, and the local units of administration where Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions

Page 1830

of this Code section applicable to children and youth in the physical custody of the Department of Human Resources. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. MOTOR VEHICLE INSURANCE PREMIUM DISCOUNTS; DEFENSIVE DRIVERS; HONOR STUDENTS. Code Sections 33-9-42 and 33-9-43 Enacted. Code Sections 33-34-16, 33-34-16.1, 33-34-16.2, and 33-34-16.3 Repealed. No. 577 (House Bill No. 145). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students; to authorize certain premium reductions by insurers; to revise eligibility requirements for good student premium discounts; to repeal provisions authorizing certain rates for good drivers; to provide that a defensive driver premium reduction shall be given if all named drivers listed on the policy meet certain requirements; to provide the type of motor vehicle insurance coverages to which the premium reductions shall apply; to provide for information regarding discounts to be supplied to the Commissioner of Insurance upon his request; to provide a definition; to repeal conflicting laws; and for other purposes.

Page 1831

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, is amended by adding immediately following Code Section 33-9-41 two new Code sections, to be designated Code Sections 33-9-42 and 33-9-43, to read as follows: 33-9-42. (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, personal injury protection, and collision coverages to the policyholder if 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 satisfy the requirements of subsection (b) of this Code section. (b) Reductions in premiums shall be available if all named 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; (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

Page 1832

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 the principal driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided all named drivers under such policy do not commit a traffic offense or have 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. (e) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner. (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 of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state.

Page 1833

(g) For the purposes of this Code section, `personal injury protection' means the basic coverages described in paragraph (2) of subsection (a) of Code Section 33-34-4. (h) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section. 33-9-43. (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, personal injury protection, 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; (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (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'; and

Page 1834

(4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification. (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 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 40-5-55 and that suspension has not been reversed, if appealed from.

Page 1835

(d) For the purposes of this Code section, `personal injury protection' means the basic coverages described in paragraph (2) of subsection (a) of Code Section 33-34-4. Section 2. Chapter 34 of Title 33, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by striking Code Sections 33-34-16, 33-34-16.1, 33-34-16.2, and 33-34-16.3, which read as follows: 33-34-16. (a) For each personal or family-type policy of motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer 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; (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

Page 1836

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. (e) Each insurer providing premium discounts under this Code section shall report quarterly to the Commissioner the amounts of such discounts in a form acceptable to the Commissioner. (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 a license or permit or to pay a fee in order to administer a driver improvement program in the state. 33-34-16.1. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery,

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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: (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:

Page 1838

(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 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

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be provided by the insurer to any person who qualifies for such discounts., in their entirety. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991. GUARDIANS INCAPACITATED ADULTS; LIMITED OR PERMANENT DURATION; COMPENSATION AND EXPENSES. Code Sections 29-5-8, 29-5-10, 29-5-11, and 29-5-13 Amended. No. 578 (House Bill No. 417). 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 the establishment of guardianships of limited or permanent duration as part of the proceedings for the appointment of emergency guardians and the conditions and procedures relating thereto; to provide for certain reports and dismissal of petitions; to provide for additional limitations on second petitions and on appeal rights; to change allowable compensation and expenses; 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 Code Section 29-5-8, relating to appointments

Page 1840

of emergency guardians, and inserting in its place a new Code section to read as follows: 29-5-8. (a) In the event that the petitioner alleges that the proposed ward is gravely incapacitated and that an emergency guardian is necessary, such a guardian may be appointed for the person or property, or both, of the ward in accordance with this Code section. In addition to any other procedures, including but not limited to Code Section 29-5-6, if the petitioner also alleges in the emergency petition or amendment thereto that a guardianship of limited or permanent duration will be required following the termination of any emergency guardianship for the proposed ward, such a guardianship of limited or permanent duration may be ordered pursuant to this Code section for the person or property or both of a ward for whom an emergency guardian has been appointed. (b) In addition to the requirements of subsection (a) of Code Section 29-5-6, the petition shall set forth: (1) Such facts as establish an immediate, clear, and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed; or (2) Such facts as establish an immediate, substantial risk of irreparable waste or dissipation of the estate of the proposed ward unless an emergency guardian is appointed. (c) The petition shall be supported by the oath of at least two petitioners or by the affidavit of a physician or psychologist as required in subsection (a) of Code Section 29-5-6. All such affidavits, in addition to setting out from personal knowledge the facts establishing the incapacity of the proposed ward, shall specify such facts as are required by subsection (b) of this Code section to show an emergency situation and shall specify such facts as required for the appointment of a guardian under Code Section 29-5-6 to show any petitioned for guardianship of limited or permanent duration will be necessary following the termination of the emergency guardianship. (c.1) In its review of the petition as set out in subsection (b) of Code Section 29-5-6, if the court finds a lack of probable cause to believe the proposed ward is gravely incapacitated or a

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lack of probable cause to believe that an emergency guardianship is necessary for the reasons indicated in this Code section, the probate court shall dismiss the petition, including but not limited to, any request for a guardianship of limited or permanent duration contained in the petition for emergency guardianship. (d) In its review of the petition as set out in subsection (b) of Code Section 29-5-6, if the court finds that there is probable cause to believe that the proposed ward is gravely incapacitated and that an emergency guardianship is necessary for the reasons indicated in this Code section, the court: (1) Shall order an examination of the proposed ward to be made by a physician licensed to practice medicine under Chapter 34 of Title 43 or by a psychologist licensed to practice under Chapter 39 of Title 43, to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within such time; the examination and report shall be governed by the provisions of paragraphs (3) and (6) of subsection (c) of Code Section 29-5-6; (2) Shall order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Shall immediately appoint counsel to represent the proposed ward at the emergency hearing and at any hearing regarding a guardianship of limited or permanent duration to follow the termination of an emergency guardianship and shall inform counsel of the appointment; (4) If the threatened risk is so immediate and irreparable that any delay is unreasonable and the existence of such a threatened risk is certified by the affidavit 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, shall appoint an emergency guardian to serve until the emergency hearing; (5) In its discretion, may order that, pending the emergency hearing, no withdrawals may be made from any

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account on the authority of the proposed ward's signature without prior approval from the court, if there is a substantial risk of dissipation of any bank or savings and loan account in which the proposed ward has an interest and if the risk is so immediate and the potential harm so irreparable that any further delay would be unreasonable; and (6) Shall order immediate personal service of the petition, notice of the emergency hearing and the appointment of counsel, and any emergency order upon the proposed ward by an officer of the court. (e) After receiving the examination report and at the time indicated in its earlier order, the probate court shall conduct the emergency hearing to determine whether: (1) (A) The conditions indicated in subsection (a) of this Code section exist so as to necessitate the appointment or continuation of the appointment of an emergency guardian; and (B) Only if such conditions necessitate the appointment or continuation of the appointment of an emergency guardian, it appears that any petitioned for guardianship of limited or permanent duration following termination of the emergency guardianship will be required; or (2) Any existing guardianship should be discontinued pending evaluation and the full hearing indicated in subsection (e) of Code Section 29-5-6. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (f) Any emergency guardian appointed under this chapter shall have only those powers and duties specifically enumerated in the order of the probate court; and such powers and duties shall not exceed those absolutely necessary to respond to the immediate, threatened risk to the ward enumerated in the petition pursuant to this Code section. All emergency guardianships

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shall terminate immediately upon whichever of the following events occurs first: (1) The conclusion of the full hearing indicated in subsection (e) of Code Section 29-5-6; (2) The date the portion of an order establishing a guardianship of limited or permanent duration becomes effective under division (g)(2)(B)(iii) of this Code section; (3) Forty-five days after the filing of the petition, unless a hearing is requested under division (g)(2)(B)(iv) of this Code section, in which event the time shall be 55 days after the filing of the petition; or (4) The date specified for such termination in the order appointing the emergency guardian. (g) (1) When the court at the emergency hearing does not find clear and convincing evidence that the proposed ward is gravely incapacitated so as to require an emergency guardianship under the standards therefor indicated in this Code section, the probate court shall dismiss the petition, including but not limited to, any request for a guardianship of limited or permanent duration. (2) When the court at the emergency hearing finds clear and convincing evidence that the proposed ward is gravely incapacitated so as to require an emergency guardianship under the standards therefor indicated in this Code section and: (A) The petition did not request, or the court did not find clear and convincing evidence for a guardianship of limited or permanent duration following the termination of the emergency guardianship, the court shall order the emergency guardianship but shall order any portion of the petition requesting such guardianship of limited or permanent duration to be denied; or (B) (i) The court finds clear and convincing evidence for a petition for guardianship of limited or permanent duration following the termination of

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the emergency guardianship, the court shall order the establishment of both an emergency guardianship and a guardianship of limited or permanent duration. That portion of such order which appoints the emergency guardian shall become effective immediately. That portion of such order which establishes a guardianship of limited or permanent duration shall conform to paragraph (1) of subsection (f) of Code Section 29-5-6 but shall not become effective except as provided in this paragraph. (ii) The order pursuant to division (i) of this subparagraph shall be personally served by an officer of the court upon the ward, and shall be communicated orally in person or communicated by first class mail to the counsel appointed to represent the ward at the emergency hearing, each petitioner or attorney therefor, and those persons required to be notified of court determinations pursuant to subparagraph (b)(2)(C) of Code Section 29-5-6 or those person's attorneys. Any person so notified shall have the right, and the order shall so state, to file with the court written demand for a hearing regarding the proposed guardianship of limited or permanent duration if such demand is filed within 30 days following the date the order is served, communicated orally, or sent by first class mail, as applicable, to that person. (iii) If no timely demand for a hearing is filed as authorized in division (ii) of this subparagraph, that portion of the order establishing the guardianship of limited or permanent duration shall become effective upon the expiration of the time for demanding a hearing on the issue and the emergency guardianship shall then terminate. (iv) If a timely demand for a hearing is filed, as authorized under division (ii) of this subparagraph, the court shall schedule a hearing on those parts of the petition and order calling for or establishing a guardianship of limited or permanent duration, and those parts of such petition and order shall then be

Page 1845

of no further effect. No evaluation other than the examination already conducted for the appointment of an emergency guardian shall be required for the hearing held pursuant to this paragraph, unless an additional evaluation is requested by the person demanding the hearing or is ordered by the court. If such evaluation is requested by the ward, the ward's attorney, or the petitioner, the expenses shall be cast pursuant to Code Section 29-5-13; otherwise, the expenses of said evaluation shall be cast as determined by the court. A copy of the emergency examination report and notice of the hearing shall be served, the date of the hearing shall be set, and the opportunity to respond to the report shall all be as provided in paragraph (1) of subsection (d) of Code Section 29-5-6, except that such service shall be made upon those persons served with the order under division (ii) of this subparagraph. The hearing and rights and procedures related thereto shall be as provided in subsection (e) of Code Section 29-5-6, except that the emergency examination report shall be deemed to be the evaluation report unless the court orders an evaluation report. At such hearing the court may order a guardianship of limited or permanent duration if the court finds clear and convincing evidence that the proposed ward meets the standards established therefor by Code Section 29-5-1 and the rights and procedures relating thereto conform to subsection (f) of Code Section 29-5-6. The powers of a guardian appointed to such guardianship shall be the same as if the guardianship were established pursuant to Code Section 29-5-6. Section 2. Said chapter is further amended by striking Code Section 29-5-10, relating to limitations on second petitions, and inserting in its place a new Code section to read as follows: 29-5-10. When one petition for guardianship under subsection (a) of Code Section 29-5-6 or a petition for protection of rights under subsection (i) of Code Section 29-5-7 or an application for modification or termination of guardianship under Code Section 29-5-9 has been denied or dismissed on the merits by the probate or superior court, no further petition or application

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shall be allowed by the court within two years after the denial or dismissal without a showing of a substantial change in the condition or circumstances of the proposed ward, guardian, or ward. When that portion of a petition for a guardianship of limited or permanent duration under Code Section 29-5-8 has been denied or dismissed thereunder by the probate or superior court, no further petition for a guardianship of limited or permanent duration under Code Section 29-5-8 shall be allowed by the court within two years after the denial or dismissal. Section 3. Said chapter is further amended by striking subsection (a) of Code Section 29-5-11, relating to appeals of guardianship orders, and inserting in its place a new subsection to read as follows: (a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by his attorney, his representatives, or his guardian ad litem, or the petitioner may appeal from any final order of the probate court, except that portion of an order which becomes effective pursuant to division (g)(2)(B)(iii) of Code Section 29-5-8, to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. Section 4. Said chapter is further amended by striking Code Section 29-5-13, relating to compensation and expenses, and inserting in its place a new Code section to read as follows: 29-5-13. (a) The amounts actually necessary or requisite to defray the expenses of any hearing held under this chapter, including those provided by subsections (b), (c), (d), and (e) of this Code section, shall be paid: (1) From the estate of the ward if a guardianship is ordered;

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(2) By the petitioner if no guardianship is ordered; or (3) By the county in which the allegedly incapacitated person has his residence or by the county in which the hearing is held if the allegedly incapacitated person is not a resident of the state. The amounts shall be paid by the appropriate county upon the warrant of the judge of the probate court of the county where the hearing was held. Payment by the county shall be required, however, only if the person who actually presides over the hearing executes an affidavit or includes a statement in his order that the party against whom costs are cast by paragraph (1) or (2) of this subsection appears to lack sufficient assets to defray the expenses. (b) Reserved. (c) For the evaluation or examination required by subsection (c) of Code Section 29-5-6 and subsection (d) of Code Section 29-5-8 or authorized by subdivision (g)(2)(B)(iv) of Code Section 29-5-8, the physician or licensed psychologist shall receive an amount not to exceed $50.00. (d) For the hearing under subsection (e) or subdivision (g)(2)(B)(iv) of Code Section 29-5-8, the sum to be paid to the examining physician or psychologist shall not exceed $75.00 and actual expenses. (e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $75.00 and actual expenses. In appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.1) of this Code section. If the attorney also serves as guardian ad litem, he shall also receive for his services as such the fee specified in subsection (f) of this Code section. (e.1) A probate judge receiving an application for additional fees under subsection (e) of this Code section shall send a copy of that application to the person or entity responsible

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under subsection (a) of this Code section for paying hearing expenses and where the county is responsible for those expenses, to that county's budget officer, as defined in Code Section 36-81-2. If the person or entity to whom that application copy is sent does not file with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may award the requested additional fees with or without a hearing to obtain evidence in the matter other than that which is contained in the application. If the person or entity to whom that application copy is sent files with that judge a written objection to the applied for additional fees within ten days after the date on which the application copy is sent to that person or entity, that judge may not award fees in excess of $50.00 without holding a hearing thereon and obtaining sufficient evidence at that hearing to justify the awarding of those additional fees. The person or entity objecting to the additional fees and the attorney requesting those fees shall receive prior notice of the time, date, and place of the hearing and have an opportunity to present evidence at that hearing regarding the appropriateness of the additional fees. (f) The guardian ad litem shall receive for each day he serves as such the same fee as is paid to witnesses for each day in attendance at superior court. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991.

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AGRICULTURE, AGRICULTURAL OPERATIONS, AGRICULTURAL OR FARM PRODUCTS, CROPS, AND GROWING CROPS DEFINED. Code Section 1-3-3 Amended. No. 579 (Senate Bill No. 311). AN ACT To amend Code Section 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; 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 1-3-3 of the Official Code of Georgia Annotated, relating to definitions in the laws and statutes, is amended by adding new paragraphs (4.1) and (7.1) to read as follows: (4.1) `Agriculture,' `agricultural operations,' or `agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state. (7.1) `Crops' or `growing crops' means fruits and products of all annual or perennial plants, trees, and shrubs and

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shall also include plants, trees, shrubs, and other agricultural products that are produced for sale. 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 23, 1991. WORKERS' COMPENSATION CERTAIN OWNER-OPERATORS OF EQUIPMENT DEEMED INDEPENDENT CONTRACTORS. Code Section 34-9-1 Amended. No. 580 (House Bill No. 773). AN ACT To amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, is amended by striking paragraph (2) 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

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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 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

Page 1852

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 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. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 23, 1991.

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ORDERS NOT TO RESUSCITATE AUTHORITY AND REGULATION; DEFINITIONS; PRESUMPTIONS; CONSENT; IMMUNITY; COURTS; JURISDICTION. Code Title 31, Chapter 38 Enacted. No. 581 (Senate Bill No. 93). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide definitions; to provide for certain presumptions; to provide for the legality of certain orders not to resuscitate; to provide for consent by a patient or certain other persons to such order not to resuscitate; to provide for procedures in the event of a change in a patient's condition; to provide for revocation of such an order; to provide for immunity from criminal and civil action for certain persons under certain circumstances; to provide that an order not to resuscitate shall not affect a policy of life insurance; to provide that no such order shall be required of any patient; to provide that no person's legal right shall be affected by this Act; to provide that a court of competent jurisdiction may authorize an order not to resuscitate under certain conditions; to provide for procedures for a physician who refuses to comply with an order not to resuscitate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting at the end thereof a new Chapter 38 to read as follows: CHAPTER 38 31-38-1. The General Assembly finds that although cardiopulmonary resuscitation has proved invaluable in the reversal of sudden, unexpected death, it is appropriate for an attending

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physician, in certain circumstances, to issue an order not to attempt cardiopulmonary resuscitation of a patient where appropriate consent or authorization has been obtained. The General Assembly further finds that there is a need to establish and clarify the rights and obligations of patients, their families or representatives, and health care providers regarding cardiopulmonary resuscitation and the issuance of orders not to resuscitate. The General Assembly further finds that, in the interest of protecting individual autonomy, cardiopulmonary resuscitation in some circumstances may cause loss of patient dignity and unnecessary pain and suffering. In recognition of the considerable uncertainty in the medical and legal professions as to the legality of implementing orders not to resuscitate, in recognition of the request of the Supreme Court of Georgia for legislative guidance in this area, and in recognition of the dignity and privacy which patients have a right to expect, the General Assembly declares that the laws of the State of Georgia shall recognize the right of patients or other authorized persons to instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation. 31-38-2. As used in this chapter, the term: (1) `Adult' means any person who is 18 years of age or older, is the parent of a child, or has married. (2) `Attending physician' means the physician selected by or assigned to a patient in a health care facility who has primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter. (3) `Authorized person' means any one person from the following list in the order of priority as listed below: (A) Any agent appointed pursuant to Chapter 36 of this title, the `Durable Power of Attorney for Health Care Act'; (B) A spouse;

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(C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (D) A son or daughter 18 years of age or older; (E) A parent; (F) A brother or sister 18 years of age or older. (4) `Candidate for nonresuscitation' means a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the patient; (B) Is in a noncognitive state with no reasonable possibility of regaining cognitive functions; or (C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time. (5) `Cardiopulmonary resuscitation' means only those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) `Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and disadvantages of such an order, and to reach an informed decision regarding the order. (7) `Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title.

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(8) `Minor' means any person who is not an adult. (9) `Order not to resuscitate' means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both. (10) `Parent' means a parent who has custody of a minor. (11) `Patient' means a person who is receiving treatment from, or is a resident of, a health care facility as defined in this Code section. (12) `Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician. 31-38-3. (a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate. (b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient's medical record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such order shall be presumed, unless revoked, to be the direction of such person regarding resuscitation. (c) Nothing in this chapter shall require a health care facility to expand its existing equipment and facilities to provide cardiopulmonary resuscitation. 31-38-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance.

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(b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regardless of that person's mental condition on such future date. (c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. (d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor. (e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that: (1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and (2) An ethics committee or similar panel, as designated by the health care facility, concurs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation. 31-38-5. (a) If the attending physician determines at any time that an order not to resuscitate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved, the physician shall immediately notify the patient or, if the patient does not then have decision-making capacity, an authorized person. If such person declines

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to revoke his consent to the order, the physician shall immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall immediately cancel the order and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (b) If the order not to resuscitate was entered upon the consent of a parent or authorized person and the attending physician who issued the order or, if he is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered upon the consent of an authorized person and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if he is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation. 31-38-6. (a) A patient may, at any time, revoke his consent to an order not to resuscitate by making either a written or an oral declaration to a physician or member of the nursing staff at the health care facility where he is being treated or by any other act evidencing a specific intent to revoke such consent which is communicated to a physician or a member of the health care facility staff. (b) Any parent or authorized person may at any time revoke his consent to an order not to resuscitate a patient by notifying a physician or member of the nursing staff at the health care facility of the revocation of consent in writing, dated and signed, or by orally notifying the attending physician in the presence of a witness 18 years of age or older.

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(c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately include the revocation in the patient's chart, cancel the order, and notify the health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revocation. 31-38-7. (a) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter. (b) No physician, health care professional, health care facility, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physician or person: (1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resuscitate entered pursuant to

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this chapter shall endeavor to advise promptly the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person: (1) Make a good faith attempt to effect the transfer of the patient to another physician who will effectuate the order not to resuscitate; or (2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. 31-38-8. (a) No policy of life insurance shall be legally impaired, modified, or invalidated in any manner by the issuance of an order not to resuscitate notwithstanding any term of the policy to the contrary. (b) A person may not prohibit or require the issuance of an order not to resuscitate for an individual as a condition for such individual's being insured or receiving health care services. 31-38-9. (a) Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chapter are cumulative. (b) Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of an order not to resuscitate under circumstances other than those under which such an order may be issued pursuant to this chapter.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. BUS SHELTERS ERECTED; PUBLIC ROADS; ADVERTISEMENT. Code Section 32-6-51 Amended. No. 582 (Senate Bill No. 158). AN ACT To amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters; to provide conditions and requirements relative thereto; to provide for a definition; 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 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) It shall be unlawful for any person to erect, place, or maintain within the right of way of any public road any sign, signal, or other device except as authorized by subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law., and by adding at the end thereof a new subsection (d) to read as follows: (d) (1) As used in this subsection, the term: (A) `Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities. (B) `Commercial advertisement' means a printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-1-1. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any person wishing to erect and maintain a bus shelter on the right of way of a public road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the Federal-aid system; (B) If the bus shelter is to be located on the right of way of a county road system or a municipal street system, the respective county or municipality must also approve the erection and maintenance of the bus shelter, and for that purpose, a copy of the application to the

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department shall be sent to the respective county or municipality; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a public road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department is declared to be a public nuisance and its removal may be ordered by the department. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department, the department may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. When a bus shelter is located on a county road system or on a municipal street system, the department may delegate its powers under this paragraph to the respective county or municipality, and the respective county or municipality shall cooperate with and assist the department in enforcing the conditions of permits issued by the department pursuant to the provisions of this subsection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right

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of way of a public road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. INSURANCE PUBLIC ADJUSTERS; AUTHORITY; MOTOR VEHICLE ACCIDENTS; REFERRAL TO SPECIFIC ATTORNEY OR HEALTH CARE PROVIDER PROHIBITED; PAYMENTS BY ATTORNEYS OR HEALTH CARE PROVIDERS PROHIBITED; ACCIDENT REPORTS; SOLICITATIONS. Code Section 33-23-58 Amended. Code Section 33-24-53 Enacted. No. 583 (Senate Bill No. 309). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit public adjusters from representing persons for claims arising out of motor vehicle accidents; to restrict public adjusters from suggesting or advising the employment of or giving the name of any specific attorney to any person or from accepting referral fees or compensation from attorneys; to provide for punishment; to restrict attorneys from compensating nonattorneys for referrals or recommendations in motor vehicle accident cases; to restrict health care providers from compensating persons for referrals or recommendations with respect to motor vehicle insurance benefits or claims; to restrict certain persons from access to motor vehicle accident reports; to restrict persons from receiving compensation

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for providing names and addresses of motor vehicle accident victims to attorneys or health care providers; to provide for punishment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-23-58, relating to concurrent licensing of adjusters, four new subsections, to be designated as subsections (c), (d), (e), and (f), to read as follows: (c) A public adjuster shall solicit, advertise for, or otherwise agree to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property, other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses, but excluding claims arising out of any motor vehicle accident. (d) No public adjuster, at any time, shall knowingly: (1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claims, including any motor vehicle accident claims for personal injury, loss of consortium, property damages, or other special damages; (2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or (3) Hire or procure another to do any act prohibited by this subsection.

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(e) For purposes of subsection (c) or (d) of this Code section, the term `public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-40 and persons representing themselves to be public adjusters who are not properly licensed by the commissioner. (f) Any person who violates any provision of subsection (c) or (d) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under Code Section 33-23-62. Section 2. Said title is further amended by adding a new Code Section 33-24-53 to read as follows: 33-24-53. (a) In a claim arising out of a motor vehicle accident, a lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client; except that he may pay for public communications permitted by Standard 5 of Bar Rule 4-102 and the usual and reasonable fees or dues charged by a bona fide lawyer referral service operated by an organization authorized by law and qualified to do business in this state; provided, however, such organization has filed with the State Disciplinary Board, at least annually, a report showing its terms, its subscription charges, agreements with counsel, the number of lawyers participating, and the names and addresses of lawyers participating in the service. Upon conviction of an offense provided for by this subsection, the prosecutor shall certify such conviction to the disciplinary board of the State Bar of Georgia for appropriate action. Such action may include a suspension or disbarment. (b) With respect to a motor vehicle insurance benefit or claim, a health care provider shall not compensate or give anything of value to a person to recommend or secure the provider's service to or employment by a patient or as a reward for having made a recommendation resulting in the provider's service to or employment by a patient, except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense provided for by this subsection, the prosecutor shall certify such conviction to the appropriate

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boards for appropriate action. Such action may include a suspension or revocation of the health care provider's license. (c) With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to examine or obtain a copy of any accident report or related investigative report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request any law enforcement agency to permit examination or to furnish a copy of any such report for commercial solicitation purposes. For purposes of this subsection, a request to examine or obtain a copy of a report is for `commercial solicitation purposes' if made at a time when there is no relationship between the person or his principal requesting the report and any party to the accident, and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. All persons, except law enforcement personnel and persons named in the report, shall be required to submit a separate written request to the law enforcement agency for each report. Such written request shall state the requestor's name, address, and the intended use of the report in sufficient detail that the law enforcement agency may ascertain that the intended use is not for commercial solicitation purposes. The law enforcement agency shall file each written request with the original report. No person shall knowingly make any false statement in any such written request. (d) A person may not receive compensation, a reward, or anything of value in return for providing names, addresses, telephone numbers, or other identifying information of victims involved in motor vehicle accidents to an attorney or health care provider which results in employment of the attorney or health care provider by the victims for purposes of a motor vehicle insurance claim or suit. Attempts to circumvent this Code section through use of any other person, including, but not limited to, employees, agents, or servants, shall also be prohibited. This provision shall not prohibit an attorney or health care provider from making a referral and receiving compensation as is permitted under applicable professional rules of conduct.

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(e) Any person who violates any provision of this Code section shall be guilty of a misdemeanor involving moral turpitude. 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 24, 1991. LAW ENFORCEMENT AGENCY RECORDS INSPECTION OR COPYING FOR USE IN COMMERCIAL SOLICITATIONS PROHIBITED; PENALTY. Code Section 35-1-9 Enacted. No. 584 (Senate Bill No. 376). AN ACT To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit the inspection or copying of certain law enforcement agency records for use in certain commercial solicitation; to provide for applicability; to provide for a criminal penalty; 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 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new

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Code section at the end thereof, to be designated Code Section 35-1-9, to read as follows: 35-1-9. (a) It shall be unlawful for any person to inspect or copy any records of a law enforcement agency to which the public has a right of access under paragraph (4) of subsection (a) of Code Section 50-18-72 for the purpose of obtaining the names and addresses of the victims of crimes or persons charged with crimes or persons involved in motor vehicle accidents or other information contained in such records for any commercial solicitation of such individuals or relatives of such individuals. (b) The provisions of subsection (a) of this Code section shall not prohibit the publication of such information by any news media or the use of such information for any other lawful data collection or analysis purpose. (c) Any person who violates any provision of subsection (a) 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 24, 1991.

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MOTOR VEHICLE RECORDS ACCESS FOR COMMERCIAL PURPOSES. Code Section 40-5-2 Amended. No. 586 (House Bill No. 133). AN ACT To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, is amended by striking subsection (j) in its entirety and inserting in lieu thereof a new subsection (j) to read as follows: (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 or the names or addresses of persons involved in motor vehicle accidents to be used for commercial purposes, except that the department shall furnish such information to any person, company, or entity engaged in the gathering or dissemination of news for the public or to a person involved in research. The department is authorized to establish regulations to implement the requirements of this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991.

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STATE HEALTH PLANNING DEFINITIONS; EXEMPTIONS; CERTIFICATE OF NEED; FINES. Code Sections 31-6-2, 31-6-40, 31-6-45, and 31-6-47 Amended. No. 587 (House Bill No. 508). AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions; to provide for other exemptions; to change provisions relating to fines; 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 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraph (1) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (1) `Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. Section 2. Said chapter is further amended by striking paragraph (5) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (5) `Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography;

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radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization; open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services. Section 3. Said chapter is further amended by striking paragraph (7) of Code Section 31-6-2, relating to definitions, and inserting in its place new paragraphs to read as follows: (7) `Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part of a project, or a capital expenditure project, the cost estimate for which exceeds $900,000.00; or (B) The expenditure or commitment of funds exceeding $500,000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or commitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (7.1) `Diagnostic, treatment, or rehabilitation center' means any professional or business undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital. Section 4. Said chapter is further amended by striking paragraph (8) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (8) `Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities;

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skilled nursing facilities; intermediate care facilities; personal care homes; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1. Section 5. Said chapter is further amended by striking paragraph (14) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows: (14) `New institutional health service' means: (A) The construction, development, or other establishment of a new health care facility; (B) Any expenditure by or on behalf of a health care facility in excess of $900,000.00 which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures for acquisition of an existing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition; (C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47; (D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 12 month period prior to the time such services would be offered; (E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by

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this chapter to any of the types of health care facilities which are covered by this chapter; (F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project; (G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following: (i) Radiation therapy; (ii) Biliary lithotripsy; (iii) Surgery in an operating room environment, including but not limited to ambulatory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physicians who also are of a single specialty and the capital expenditure associated with the construction, development, or other establishment of the clinical health service does not exceed the amount of $1 million; and (iv) Cardiac catheterization; or (H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amounts specified in subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this

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paragraph, and of paragraph (7) of this Code section shall be adjusted annually by an amount calculated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on July 1, 1991, and on each anniversary thereafter of publication of the index. The planning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B), (F), and (H) of this paragraph, division (iii) of subparagraph (G) of this paragraph, and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. Section 5.1. Said chapter is further amended by adding after paragraph (16) of Code Section 31-6-2, relating to definitions, a new paragraph to read as follows: (16.1) `Operating room environment' means an environment which meets the minimum physical plant and operational standards specified on January 1, 1991, for ambulatory surgical treatment centers in Section 290-5-33.10 of the rules of the Department of Human Resources. Section 6. Said chapter is further amended by striking Code Section 31-6-40, requiring a certificate of need for offering health care, and inserting in its place a new Code section to read as follows: 31-6-40. (a) From and after the date this Code section most recently becomes effective, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health

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care facilities which had been found to be needed by the planning agency under any prior provisions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to the date this Code section most recently becomes effective, are allowed to avoid the requirements of any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them. (b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit an application to the planning agency and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter. (c) (1) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to the date this Code section most recently becomes effective and for which services a certificate of need was not required under the provisions of this chapter as they existed prior to the date this Code section most recently becomes effective, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that person obtains an exemption therefor as provided in this subsection. (1.1) Any person who, on the date this Code section most recently becomes effective: (A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (B) Has prior to said date paid in cash or made an irrevocable and secured commitment or obligation of a

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minimum of 30 percent of the price called for under said contract; (C) Has taken delivery and has in operation such new institutional health services on or before January 1, 1992; and (D) Has notified the agency no later than July 1, 1991, of that person's intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the agency for that exemption no later than July 1, 1992. The application shall be in such form and manner as established by the agency to provide sufficient proof that the applicant qualifies for the exemption claimed. The agency shall notify the applicant within 90 days after the required application and proof have been properly submitted that the application for exemption is denied; otherwise, the application shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for exemption has been denied may intervene in the contested case if such person offers those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied. (3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the exemption, but those services may not be offered after October 1, 1992, or any date prior thereto upon which a decision denying the exemption has become final unless:

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(A) The person applied for the exemption as provided in paragraph (2) of this subsection but on October 1, 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption; (B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services. For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made. (4) An exemption obtained pursuant to this subsection may be transferred to another person if the agency is notified thereof within 45 days after the transfer occurs. (5) The agency shall establish procedures for obtaining exemptions under this subsection and shall publish a list not later than October 1, 1992, of all such applications granted or pending on that date. (d) Any person that had formally requested, prior to February 1, 1991, a determination from the agency of the applicability of the certificate of need requirements for a specific project that is subsequently approved by the agency or by appeal of the agency's denial shall be exempt under the provisions of this chapter from the requirement of obtaining a certificate of need for that project. Section 7. Said chapter is further amended by striking subsection (c) of Code Section 31-6-45, relating to revocation of certificates of need and other enforcement actions, and inserting in its place a new subsection to read as follows: (c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate

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of need as required by this chapter, or the certificate of need for such service is revoked according to the provisions of this Code section, a facility or applicant may be fined an amount not to exceed $5,000.00 per day for every day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expenditure or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied shall not be a violation of this chapter and shall not be subject to such a fine. The executive director of the planning agency shall determine, after notice and a hearing, whether the fines provided in this Code section shall be levied. Section 8. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 31-6-47, relating to exemptions, and inserting in its place a new paragraph to read as follows: (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2;. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991.

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HEALTH STRATEGIES COUNCIL CREATION; PURPOSES AND FUNCTIONS; HEALTH POLICY COUNCIL; ABOLISHED. Code Sections 31-6-2, 31-6-20, and 31-6-48 Amended. No. 588 (Senate Bill No. 192). AN ACT To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and confirmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensation; to provide for organization of the council; 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 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraphs (10) and (23) of Code Section 31-6-2, relating to definitions, and inserting in their respective places new paragraphs to read as follows: (10) `Health Strategies Council' or `council' means the body created by this chapter to advise the Health Planning Agency and adopt the state health plan. (23) `State health plan' means a comprehensive program adopted by the Health Strategies Council, approved by the Governor, and implemented by the State of Georgia for the purpose of providing adequate health care services and facilities throughout the state. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 31-6-20, relating to the Health Policy Council, which reads as follows:

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(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., and inserting in its place new subsections to read as follows: (a) There is created a Health Strategies Council to be appointed by the Governor, subject to confirmation by the Senate. Any appointment made when the Senate is not in session shall be effective until the appointment is acted upon by the Senate. The Health Strategies Council shall be the successor to the Health Policy Council. Those members of the previously existing Health Policy Council who are serving as such on January 1, 1991, shall continue to serve until July 1, 1991, at which time their terms shall expire and that council shall be abolished. On and after that date the council shall be composed of 25 members. Of those members, at least one shall be appointed from each congressional district. The council shall be composed as follows: (1) One member representing county governments; (2) One member representing the private insurance industry; (3) Ten members representing health care providers as follows: (A) One member representing rural hospitals; (B) One member representing urban hospitals; (C) One member who is a primary care physician; (D) One member who is a physician in a board certified specialty;

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(E) One member who is a registered professional nurse; (F) One member who is a registered professional nurse who is certified as a nurse practitioner; (G) One member representing nursing homes; (H) One member representing home health agencies; (I) One member representing primary care centers; and (J) One member who is a primary care dentist; (4) Ten consumer representatives who are knowledgeable as to health care needs in the fields they represent but who have no financial interest in the health care industry as follows: (A) One member representing health care needs of women; (B) One member representing health care needs of children; (C) One member representing health care needs of the disabled; (D) One member representing health care needs of the elderly; (E) One member representing health care needs of low-income persons; (F) One member representing health care needs of small business personnel; (G) One member representing health care needs of large business personnel;

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(H) One member representing health care needs of labor organization members; and (I) Two members who represent populations with special health care access problems; (5) Three at-large members. (b) If the state obtains an additional member of the United States House of Representatives as a result of reapportionment, the Governor shall appoint, subject to confirmation by the Senate, from the new congressional district thus created one health care provider member who meets the requirements of subparagraph (a)(3)(J) of this Code section and one consumer member who meets the requirements of subparagraph (a)(4)(I) of this Code section as to a population specified in those subparagraphs which is not then represented on the council. With the addition of these two members, the council shall be composed of 27 members. (c) The members of the council who are appointed to succeed those members whose terms expire July 1, 1991, shall take office July 1, 1991, and 12 of them shall be designated in such appointment to serve initial terms of office of two years and 13 of them shall be designated in such appointment to serve initial terms of office of four years. If two additional members are appointed to the council to represent a new congressional district as provided in subsection (b) of this Code section, one shall be designated to serve an initial term of office which expires when the above initial two-year terms of office expire and one shall be designated to serve an initial term of office which expires when the above initial four-year terms of office expire. After the initial terms provided in this subsection, members of the council shall be appointed to serve for four-year terms of office. Members of the council shall serve out their terms of office and until their respective successors are appointed and qualified. (d) Members of the council shall be subject to removal by the Governor for incompetence, neglect of duty, or for failing to attend at least 75 percent of the meetings of the council in any year. Vacancies on the council shall be filled by appointment by the Governor, subject to confirmation by the Senate.

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(e) The Governor shall appoint the chairman of the council. A majority of the members of the council shall constitute a quorum. Section 3. Said chapter is further amended by striking subsections (b) and (c) of said Code Section 31-6-20, as such subsections existed prior to Section 2 of this Act, and inserting in their places new subsections to read as follows: (f) The members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, 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, which provides for the compensation and allowances of certain state officials. (g) The functions of the council shall be to: (1) Adopt the state health plan and submit it to the Governor for his approval which shall include all of the components of its functions and be regularly updated; (2) Review, comment on, and make recommendations to the planning agency on proposed rules for the administration of this chapter, except emergency rules, prior to their adoption by the planning agency; (3) Monitor the implementation of each of the recommendations of the Governor's Access to Health Care Commission and the Governor's Commission on Obstetrics; (4) Conduct an ongoing evaluation of Georgia's existing health care resources for accessibility, including but not limited to financial, geographic, cultural, and administrative accessibility, quality, comprehensiveness, and cost; (5) Study long-term comprehensive approaches to providing health insurance coverage to the entire population, including modifications of current insurance mechanisms, single-payor insurance systems, and studies of health care systems of other countries; and

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(6) Perform such other functions as may be specified for the council by the planning agency. (h) The council shall prepare an annual report to the Governor and the General Assembly which presents information and updates on the functions outlined in subsection (g) of this Code section. The council shall also prepare an annual report for Georgia's congressional delegation which includes such information and which highlights issues regarding federal laws and regulations influencing Medicaid and medicare, insurance and related tax laws, and long-term health care. (i) The council shall involve and coordinate functions with such state entities as necessary to ensure the coordination of state health policies and programs, including but not limited to the State Health Planning Agency, the Department of Medical Assistance, the Department of Human Resources, the Office of the Commissioner of Insurance, the Office of Planning and Budget, the House Health and Ecology Committee, the House Insurance Committee, the Senate Health and Human Services Committee, the Senate Insurance Committee, the Board of Regents, the Department of Education, and the Department of Community Affairs. Section 4. Said chapter is further amended by striking Code Section 31-6-48, relating to prior units, and inserting in its place a new Code section to read as follows: 31-6-48. The State Health Planning and Development Agency, the State-wide Health Coordinating Council, and the State Health Planning Review Board existing immediately prior to July 1, 1983, are abolished, and their respective successors on and after July 1, 1983, shall be the Health Planning Agency, the Health Policy Council, and the Health Planning Review Board, as established in this chapter, except that on and after July 1, 1991, the Health Strategies Council shall be the successor to the Health Policy Council. For purposes of any existing contract with the federal government, or federal law referring to such abolished agency, council, or board, the successor agency, council, or board established in this chapter shall be deemed to be the abolished agency, council, or board and shall succeed to the abolished agency's, council's, or

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board's functions. The State Health Planning and Development Commission is abolished. Section 5. This Act shall become effective for purposes of making initial appointments to the Health Strategies Council upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective July 1, 1991. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. DRIVING UNDER THE INFLUENCE ASSESSMENT OF DRIVERS; CONCENTRATION LEVEL; PRESUMPTIONS; FINES; PUBLICATION OF NAMES. Code Sections 40-5-1, 40-5-55, 40-5-63, 40-5-68, 40-5-121, 40-6-391, 40-6-391.1, and 40-6-392 Amended. No. 589 (House Bill No. 63). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for assessment of certain drivers after a conviction of or plea of nolo contendere to driving under the influence; to provide for referral to the appropriate component of a DUI Alcohol or Drug Use Risk Reduction Program; to change the alcohol concentration level that constitutes driving under the influence; to change the alcohol concentration level that constitutes driving under the influence for persons under 18 years of age; to change provisions relating to alcohol and drug tests; to change the presumptions which rise from certain alcohol concentrations; to restrict the entry of a plea of nolo contendere by persons under age 18 to a charge of driving under the

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influence; to provide that a portion of the fine imposed for a third or subsequent conviction may be ordered to be used for the defendant's drug or alcohol treatment; to provide for disposition of the driver's license in an accepted plea of nolo contendere; to change certain penalty provisions applicable to driving while driver's license is suspended or revoked; to provide for publication of the name, address, and photograph of each person convicted a third time of driving under the influence of alcohol or drugs; to provide for the contents of such notice; to provide for assessment of costs of publication; to provide for immunity; 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 striking from Code Section 40-5-1, relating to definitions relative to drivers' licenses, paragraphs (7.2) and (12.1), relating to the definitions of a First Offender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender Alcohol or Drug Use Risk Reduction Program, in their entirety and by adding a new paragraph (14) to read as follows: (14) `DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three components: assessment, education/intervention, and intensive intervention. In the case of a first conviction or plea of nolo contendere to a violation of Code Section 40-6-391, the program administers the assessment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/intervention component or the intensive intervention component. Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-55, relating to the implied consent

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for chemical tests, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.10 grams or more at any time within three hours after operating 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. Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-63, relating to suspension of drivers' licenses, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:

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(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 a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a 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

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of his driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources 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. Section 4. Said title is further amended by striking subsection (a) of Code Section 40-5-68, relating to suspension of licenses for failure to complete a DUI alcohol or drug use risk reduction program, in its entirety and inserting in lieu thereof a new subsection (a) 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 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 only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. Section 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-5-121, relating to driving while license is suspended or revoked, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Except when his license has been revoked as a habitual violator under Code Section 40-5-58, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof 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 less than $500.00 nor more than $1,000.00. 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 guilty of a high and aggravated misdemeanor and 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 less than $1,000.00 nor more than $2,500.00. Section 6. Said title is further amended by striking subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; (4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed

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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. Section 7. Said title is further amended by striking subsection (g) of said Code Section 40-6-391 in its entirety and inserting in lieu thereof a new (g) to read as follows: (g) (1) 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. (2) In the sole discretion of the judge, he may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or subsequent conviction conditioned upon the defendant's undergoing an alcohol or drug treatment program approved by the court. Section 8. Said title is further amended by adding at the end of said Code Section 40-6-391 two new subsections (j) and (k) to read as follows: (j) (1) The clerk of the court in which a person is convicted a third time under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency

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at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. (3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. (k) A person under the age of 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.06 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section. Section 9. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of driving under the influence, in its entirety and inserting in lieu thereof a new subsection (d) 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

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complete a 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 satisfactory evidence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. 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 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shall remain suspended until the defendant completes such program. Section 10. Said title is further amended by striking subsections (b) and (c) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (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 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 0.08 grams, such fact shall not give rise to any presumption that the person was

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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 0.08 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 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. (c) (1) 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. (2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) 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 0.06 grams or more in the person's blood, breath, or urine, the

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person shall be in violation of subsection (k) of Code Section 40-6-391. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. DRIVING UNDER THE INFLUENCE HABITUAL VIOLATORS; FORFEITURE OF MOTOR VEHICLE. Code Section 40-6-391.2 Enacted. No. 590 (House Bill No. 66). AN ACT To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who has been declared a habitual violator and whose license has been revoked and who is arrested for driving under the influence; to provide for seizure of contraband vehicles; to provide for procedures; to provide for notice; to provide for defenses; to provide for sale of forfeited vehicles; to provide for exceptions; to provide for distribution of proceeds of such sale; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code section immediately following Code Section 40-6-391.1 to be designated Code Section 40-6-391.2 to read as follows:

Page 1897

40-6-391.2. (a) Except as provided in this Code section, any motor vehicle operated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391 and whose license has been revoked and who is arrested and charged with a violation of Code Section 40-6-391, is declared to be contraband and subject to forfeiture to the state, as provided in this Code section. Provided that said forfeiture shall not be absolute unless the defendant is finally convicted of such offense. (b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized immediately upon discovery by any law enforcement officer, peace officer, or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this article, that said motor vehicle has been declared contraband. Said motor vehicle shall be delivered within 20 days to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent. At any time subsequent to the seizure, the chief officer of the seizing agency, his designee, or the district attorney may release the vehicle upon bond being posted in like manner as authorized in subsection (e) of this Code section. (c) Within 60 days from the date of the seizure, the district attorney of the judicial circuit, or the director on his behalf, shall cause to be filed in the superior court of the county in which the motor vehicle is seized or detained an action for condemnation of such motor vehicle. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the motor vehicle was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the motor vehicle and state its location, present custodian, and the name of the owner, if known, to the duly authorized agent of the state; allege the essential elements of the violation which is claimed to exist; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the motor vehicle described in the action, commanding him to seize the motor vehicle in the action and to hold that motor vehicle for further order of the court. The owner, lessee, or any person having a duly recorded

Page 1898

security interest in or lien on such motor vehicle shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail to said owner or lienholder or a person of suitable age or discretion having charge of said owner's premises. For purposes of this subsection, where forfeiture of a motor vehicle titled or registered in Georgia is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail to the titleholder at the address set out in the title and an additional copy is mailed by certified mail to the firm, person, or corporation which holds the current registration for said motor vehicle, who shall be deemed agent for service for said titleholder, and said complaint is advertised once a week for two weeks as set out in this subsection. If the owner, lessee, or person having a duly recorded security interest in or lien on the contraband motor vehicle is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid notice, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the motor vehicle resulting therefrom, but shall not constitute notice to any person having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid notice. (d) (1) Any party at interest may appear, by answer under oath, and file an intervention or defense within 30 days from the date of service on the condemnee of the action for condemnation. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the motor vehicle seized was not subject to forfeiture under this Code section. (2) A rented or leased vehicle shall not be subject to forfeiture unless it is established in the forfeiture proceedings that the owner of the rented or leased vehicle knew or should have known of or consented to the operation of such motor vehicle in a manner which would subject the vehicle

Page 1899

to forfeiture. Upon learning of the address or phone number of the rental or leasing company which owns such vehicle, the district attorney shall immediately contact the company to inform it that the vehicle is available for the company to take possession. (e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest, after making said defense under subsection (d) of this Code section, to give bond and take possession of the motor vehicle seized. Such motor vehicle shall not be sold or leased without prior approval of the court. In the event the court approves such sale or lease, the proceeds arising therefrom shall be deposited in the registry of the court, pending final adjudication of the forfeiture proceeding. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases. (f) If no defense or intervention is filed within 30 days from the date of service on the condemnee of the petition, judgment shall be entered by the court and the motor vehicle shall be sold. The court may direct that such property be sold by: (1) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or (2) Any commercially feasible means. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for: (1) Any costs incurred in the seizure;

Page 1900

(2) The costs of the court and its officers; and (3) Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle. (h) The interest of an owner, lessee, security interest holder, or lienholder shall not be subject to forfeiture unless the condemnor shows by a preponderence of evidence that such person knew or reasonably should have known that the operator was a habitual violator as set forth in subsection (a) of this Code section and knew or reasonably should have known that such person would operate or was operating the vehicle while in violation of Code Section 40-6-391. (i) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once. Section 2. This Act shall become effective July 1, 1991, and shall apply to motor vehicles used in offenses committed on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991.

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GROUP OR BLANKET ACCIDENT AND SICKNESS INSURANCE MAIL-ORDER PHARMACEUTICAL DISTRIBUTORS; PROHIBITIONS. Code Section 33-30-4.3 Enacted No. 591 (House Bill No. 279). AN ACT To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions concerning the utilization of mail-order pharmaceutical distributors in a group or blanket accident and sickness insurance policy, plan, contract, or fund; to provide a definition; to provide for explanations of payment or reimbursement methods to be issued to insureds; to require a certain provision in a contract between a health care insurer and a mail-order pharmaceutical distributor regarding notice to insureds; to allow other providers of pharmaceutical services the opportunity to accept the terms and conditions of payment or reimbursement applicable to mail-order pharmaceutical distributors; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately following Code Section 33-30-4.2 a new Code section, to be designated Code Section 33-30-4.3, to read as follows: 33-30-4.3. (a) For the purposes of this Code section, the term `health care insurer' means an insurer, including a fraternal benefit society, a health care plan, a nonprofit medical service corporation, a nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of accident and sickness insurance by whatever name called.

Page 1902

(b) A group or blanket accident and sickness insurance policy, plan, contract, or fund may not be issued, delivered, issued for delivery, or renewed by a health care insurer on or after July 1, 1991, if such policy, plan, contract, or fund requires that insureds thereunder obtain pharmaceutical services, including prescription drugs, exclusively from a mail-order pharmaceutical distributor. Insureds who do not utilize a mail-order pharmaceutical distributor shall not be required to pay a different copayment fee or have imposed any varying conditions for the receipt of pharmaceutical services, including prescription drugs, when that payment or condition is not imposed upon those insureds who utilize a mail-order pharmaceutical distributor for those services if the provider of pharmaceutical services utilized by the insured has agreed to the same terms and conditions as applicable to the mail-order pharmaceutical distributor and has agreed to accept payment or reimbursement from the health care insurer at no more than the same amount which would have been paid to the mail-order pharmaceutical distributor for the same pharmaceutical services. (c) Any health care insurer who issues a group or blanket accident and sickness policy, plan, contract, or fund that provides coverage for pharmaceutical services, including prescription drugs, by a mail-order pharmaceutical distributor shall issue to each insured under such policy, plan, contract, or fund an explanation of the payment or reimbursement method applicable to mail-order pharmaceutical distributors as compared to other providers of pharmaceutical services. For those health care insurers which provide benefit booklets to their insureds, the inclusion of such an explanation in any such benefit booklet shall constitute compliance with this subsection. (d) Any health care insurer who contracts with a mail-order pharmaceutical distributor to provide pharmaceutical services, including prescription drugs, under a group or blanket accident and sickness policy, plan, contract, or fund shall include in such contract a provision requiring the mail-order pharmaceutical distributor in its initial written correspondence with an insured to include a notice that the insured may obtain pharmaceutical services, including prescription drugs, from other providers of pharmaceutical services and that the exclusive

Page 1903

utilization of the mail-order pharmaceutical distributor is not required. (e) A provider of pharmaceutical services who desires to provide services to insureds in their service area shall, upon written request to the health care insurer, be provided information pertaining to the terms and conditions applicable to mail-order pharmaceutical services available in such service area. If the provider of pharmaceutical services agrees to such terms and conditions in writing and agrees to be paid or reimbursed at no more than the same amount which would be paid to a mail-order pharmaceutical distributor for the same services, the provider of pharmaceutical services will be paid or reimbursed at no more than the same amount paid to the mail-order pharmaceutical distributor for the same pharmaceutical services. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. AD VALOREM TAXATION CONSERVATION USE PROPERTY; RESIDENTIAL TRANSITIONAL PROPERTY; TIMBER; APPRAISAL, VALUATION, AND ASSESSMENT; MILLAGE RATES; EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST; LOCAL FAIR SHARE FUNDS. Code Title 48, Chapter 5 Amended. Code Sections 12-2-4 and 20-2-164 Amended. No. 592 (House Bill No. 283). 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

Page 1904

provide for current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber; to provide for qualifications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legislative intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the foregoing; to provide for related matters; to provide for additional information required to be published prior to the establishment of millage rates; to provide for enforcement; to provide for procedures with respect to the determination of millage rates; to revise and change certain provisions regarding the establishment of the equalized adjusted school property tax digest; to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to provide for the certification of conservation use property; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to revise and change such provisions with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows: 48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter. Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad

Page 1905

valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows: 48-5-2. As used in this chapter, the term: (1) `Current use value' of bona fide conservation use property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Section 48-5-269. (2) `Current use value' of bona fide residential transitional property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the current use value of bona fide residential transitional property: (A) The current use of such property; (B) Annual productivity; and (C) Sales data of comparable real property with and for the same existing use. (3) `Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information available including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.

Page 1906

(A) In determining the fair market value of a going business where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value. (B) The tax assessor shall consider the following criteria in determining the fair market value of real property: (i) Existing zoning of property; (ii) Existing use of property; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Any other factors deemed pertinent in arriving at fair market value. (C) Fair market value of `historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means: (i) For the first eight years in which the property is classified as `rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2; (ii) For the ninth year in which the property is classified as `rehabilitated historic property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and

Page 1907

(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. (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. (E) Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5. (4) `Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborne commerce through any port located in this state and: (A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or

Page 1908

(B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination. Section 3. Said chapter is further amended by striking Code Section 48-5-6, relating to the return of property at fair market value, and inserting in its place a new Code Section 48-5-6 to read as follows: 48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter. Section 4. Said chapter is further amended by adding immediately following subsection (c.1) of Code Section 48-5-7, relating to assessment of tangible property, new subsections (c.2) and (c.3) to read as follows: (c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value. (c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value. Section 5. Said chapter is further amended by adding at the end of Code Section 48-5-7.1, relating to the preferential assessment of certain agricultural property, a new subsection (s) to read as follows:

Page 1909

(s) Property which is subject to preferential assessment and which is subject to a covenant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once. Section 6. Said chapter is further amended by adding immediately following Code Section 48-5-7.3 two new Code Sections 48-5-7.4 and 48-5-7.5 to read as follows: 48-5-7.4. (a) For purposes of this article, the term `bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows: (1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications: (A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (B) Such property excludes the entire value of any residence located on the property; (C) Such property must be owned by: (i) One or more natural or naturalized citizens;

Page 1910

(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens; (iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; (iv) A family owned farm corporation, the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or (v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and

Page 1911

(E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program;

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(C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended; (E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; and (F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency. (b) The following additional rules shall apply to the qualification of conservation use property for current use assessment: (1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights shall not constitute another type of business; (2) The owner of a tract, lot, or parcel of land totaling less than ten acres may be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership,

Page 1913

receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; and (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment. (c) For purposes of this article, the term `bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a developer, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area. (d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section

Page 1914

unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years. (e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use. (f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1. (g) Except as otherwise provided in this subsection, no property shall maintain its eligibility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (l) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section.

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(i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred. (j) (1) All applications for current use assessment under this Code section, 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 current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part 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 current use assessment under this Code section 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 made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer

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that he is in compliance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section. (l) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (n) The penalty imposed by subsection (l) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an owner who was a party to the covenant. (o) The transfer of a part of the property subject to a covenant for a bona fide conservation use shall not constitute a breach of a covenant if:

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(1) The part of the property so transferred is used for single-family residential purposes, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres; and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period. (p) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; or (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes. (q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:

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(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section; or (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability. (r) Property which is subject to current use assessment under this Code section 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 current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a statewide basis. (s) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees

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and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. 48-5-7.5. (a) Standing timber shall be assessed for ad valorem taxation only once and such assessment shall be made following its harvest or sale as provided for in this Code section. Such timber shall be subject to ad valorem taxation notwithstanding the fact that the underlying land is exempt from taxation, unless such taxation is prohibited by federal law or treaty. Such timber shall be assessed at 100 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to such 100 percent fair market value. Such assessment shall be made in the county where the timber was grown and shall be taxable by that county and any other taxing jurisdiction therein in which the timber was grown. (b) For purposes of this Code section, the term `sale' of timber shall mean the arm's length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon. (c) Lump sum sales. (1) Where standing timber is sold, in an arm's length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation

Page 1920

shall be the lump sum price paid by the purchaser in the arm's length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed for taxation following its future harvest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax commissioner. Such negotiable instrument shall be remitted by the purchaser to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector or tax commissioner a report of the sale showing the lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall promptly be delivered by the tax collector or tax commissioner to the seller. (2) Upon request of the purchaser, the tax collector or tax commissioner shall enter upon or attach to the instrument conveying the standing timber a certification that the ad valorem tax 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 purchaser may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instrument for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument

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discloses on its face the proper certificate showing that the tax has been paid; and the certificate shall be recorded with the instrument. (d) Unit price sales. (1) Any person purchasing standing timber, in an arm's length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value of standing timber paid to the seller and the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested. Such report shall include such data through the last business day of the calendar quarter, the names and addresses of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the total dollar values paid by the purchaser in the arm's length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales transaction as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest. (2) Reports to the tax assessors shall be confidential, shall not be revealed to any person other than authorized tax officials, and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from

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which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest. (f) Other sales and harvests. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable. (g) The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood in each county or multicounty area within 60 days of the end of each calendar quarter. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale. (h) (1) Based on the reports and data provided under subsections (d), (e), (f), and (g) of this Code section, the tax collector or tax commissioner shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner. (2) Any ad valorem tax or penalty which is not timely paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due

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date. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the person responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected. (i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the taxing jurisdiction adopts a millage rate for the current year, whereupon the newly adopted millage rate shall be applicable beginning on the first day of the calendar quarter immediately succeeding the calendar quarter in which the new rate was adopted. (j) Any person who fails to timely make any report or disclosure required by this Code section shall pay a penalty of 50 percent of the tax due, except that if the failure to comply is unintentional and the report or disclosure is filed within 12 months after the due date the amount of the penalty shall be 1 percent for each month or part of a month that the report or disclosure is late. (k) Forms for reports required by this Code section shall be supplied to each county by the department. (l) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented as follows: (A) The difference between the total property tax digest for the county and the total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated; (B) The difference calculated under subparagraph (A) of this paragraph shall be reduced by the fair market value of sold or harvested timber; and (C) If the amount calculated under subparagraph (B) of this paragraph is more than 20 percent of the

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amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the standing timber so removed from the digest. (2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows: (A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992; (B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992; (C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and (D) For tax year 1996 and future tax years, no supplemental assessment shall be received. (m) (1) Any supplemental assessment added to a digest pursuant to subsection (l) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164. (2) The fair market value of timber harvested or sold added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164. Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad

Page 1925

valorem tax rates, and inserting in its place a new Code Section 48-5-32 to read as follows: 48-5-32. (a) 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 calendar 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. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year; 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 amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year. (b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a

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digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report. Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-32, to be designated Code Section 48-5-32.1, to read as follows: 48-5-32.1. (a) As used in this Code section, the term: (1) `Ad valorem tax' or `property tax' means a tax imposed upon the assessed value of property. (2) `Certified tax digest' means that annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner. (3) `Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction. (4) `Mill' means one one-thousandth of a United States dollar. (5) `Millage' or `millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) `Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor. (7) `Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes.

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(8) `Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property. (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph (1).

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(2) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows: `NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). ' Simultaneously with this notice the governing authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection. (5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection.

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(6) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hearings as required in this Code section. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate. Section 9. Said chapter is further amended by striking Code Section 48-5-33, relating to inclusion of standing timber as part of real property, which reads as follows: 48-5-33. 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., and inserting in its place the following: 48-5-33. Reserved. Section 10. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows: 48-5-269. (a) Subject to the limitations contained in Chapter 2 of this title, the commissioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following: (1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;

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(2) Prescription of the form and content of state-wide, uniform appraisal and assessment forms, books, and manuals; (3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and (4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data processing systems and equipment. (b) The commissioner shall promulgate after consultation with the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing the current use value of bona fide conservation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria: (1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitalization of net income, with sales data to be weighted 35 percent and income capitalization values to be weighted 65 percent. Income capitalization values shall be derived from the respective conservation use property classifications, with consideration given to productivity of the respective major geological or geographical regions, and for this purpose: (A) Net income shall be determined for: (i) Crop land by calculating the five-year weighted average of per-acre net income from the major predominant acreage crops harvested in

Page 1931

Georgia, and as used in this division, the term `predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state; (ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and (iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and (B) The capitalization rate shall be based upon: (i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced by regulations 26 C.F.R. 20.2032A-4(e); (ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and (iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, respectively; (2) The state shall be divided into appropriate geographical regions for the purpose of determining any calculation under this subsection; (3) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from its current use value for the previous taxable year or increase or decrease

Page 1932

during a covenant period by more than 25 percent from the first year of the covenant period; and (4) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection. Section 11. Said chapter is further amended by striking subsection (a) of Code Section 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows: (a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows: (1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of timber harvested or sold; (1.1) Determine the locally assessed valuation for timber harvested or sold during the calendar year; (2) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to true

Page 1933

value of the property established by the state auditor in accordance with paragraph (5) of this subsection; (3) Determine the sum of the assessed valuation of the county railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing railroad equipment company properties throughout the state; (3.1) Determine the sum of the assessed current use valuation of the county property tax digest; (4) The total of the sums obtained through the calculations prescribed in paragraphs (1.1), (2), (3), and (3.1) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and (5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred

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within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county. Section 12. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by adding at its end a new subsection (k) to read as follows: (k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property as provided for in Code Section 48-5-7.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section. Section 13. Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to subsection (c) of Code Section 20-2-161. The amount of each local school system's local fair share shall be calculated as follows: (1) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274,

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multiply the difference by.4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274; (2) From the amount calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and (3) Multiply the remainder calculated in paragraph (2) of this subsection by.005. Section 14. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991. Section 15. This Act shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes, except that Section 14 of this Act shall become effective immediately upon its becoming law. Taxation for prior periods shall continue to be governed by prior law. Section 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991.

Page 1936

APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1990-91. No. 593 (House Bill No. 120). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the General Appropriations Act, approved April 17, 1990 (Ga. L. 1990, p. 2338), as amended, so as to change certain appropriations for the State Fiscal Year 1990-1991; 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 1990-1991, as amended, known as the General Appropriations Act approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking Section 11 of said act, as amended, and by substituting in lieu thereof a new Section 11 to read as follows: Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 38,680,193 Administration and Services Budget: Personal Services $ 49,568,929 Regular Operating Expenses $ 10,994,340 Travel $ 323,550 Motor Vehicle Purchases $ 434,500 Equipment $ 2,098,708 Computer Charges $ 8,541,664 Real Estate Rentals $ 3,704,822 Telecommunications $ 1,297,980 Per Diem, Fees and Contracts $ 459,800 Rents and Maintenance Expense $ 12,918,050 Utilities $ 37,900 Payments to DOAS Fiscal Administration $ 2,000,000

Page 1937

Capital Outlay $ 362,000 Direct Payments to Georgia Building Authority for Operations $ 2,267,412 Telephone Billings $ 38,345,900 Materials for Resale $ 14,600,000 Public Safety Officers Indemnity Fund $ 304,400 Health Planning Review Board Operations $ 37,600 Georgia Golf Hall of Fame Operations $ 23,500 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 1,300,000 Grants to Municipalities $ 2,100,000 Total Funds Budgeted $ 151,721,055 State Funds Budgeted $ 38,680,193 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 412,552 $ 412,552 Departmental Administration $ 4,884,826 $ 4,853,625 Treasury and Fiscal Administration $ 12,847,466 $ 10,847,466 Central Supply Administration $ 14,455,832 $ 0 Procurement Administration $ 2,962,205 $ 2,962,205 General Services Administration $ 912,683 $ 0 Space Management Administration $ 548,193 $ 548,193 Data Processing Services $ 49,357,384 $ 13,206,152

Page 1938

Motor Vehicle Services $ 4,099,033 $ 0 Communication Services $ 49,496,178 $ 5,850,000 Printing Services $ 6,938,867 $ 0 Surplus Property Services $ 1,716,067 $ 0 Mail and Courier Services $ 1,012,865 $ 0 Risk Management Services $ 2,076,904 $ 0 Total $ 151,721,055 $ 38,680,193 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 20,842,102 Regular Operating Expenses $ 5,091,403 Travel $ 26,794 Motor Vehicle Purchases $ 244,000 Equipment $ 167,706 Computer Charges $ 52,434 Real Estate Rentals $ 17,357 Telecommunications $ 120,456 Per Diem, Fees and Contracts $ 146,000 Capital Outlay $ 3,235,000 Utilities $ 7,966,638 Contractual Expense $ 230,422 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 38,140,312 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 2,018,096 $ 0 Custodial $ 5,249,281 $ 0

Page 1939

Maintenance $ 4,935,623 $ 0 Security $ 5,402,724 $ 0 Van Pool $ 363,301 $ 0 Sales $ 5,408,063 $ 0 Administration $ 13,640,758 $ 0 Railroad Excursions $ 1,122,466 $ 0 Facility Renovations $ 0 $ 0 Total $ 38,140,312 $ 0 Section 2. Said Act is further amended by striking Section 17 in its entirety and by substituting in lieu thereof a new Section 17 to read as follows: Section 17. Department of Defense. Budget Unit: Department of Defense $ 9,197,999 Operations Budget: Personal Services $ 8,381,101 Regular Operating Expenses $ 4,383,508 Travel $ 73,382 Motor Vehicle Purchases $ 0 Equipment $ 41,300 Computer Charges $ 23,125 Real Estate Rentals $ 6,260 Telecommunications $ 144,673 Per Diem, Fees and Contracts $ 212,535 Grants to Locals - Emergency Management Assistance $ 1,044,200 Grants - Others $ 51,000 Civil Air Patrol Contract $ 38,304 Capital Outlay $ 5,720 Repairs and Renovations $ 20,900

Page 1940

Disaster Relief Payments $ 16,000,000 Total Funds Budgeted $ 30,426,008 State Funds Budgeted $ 9,197,999 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,353,518 $ 1,269,207 Georgia Emergency Management Agency $ 19,339,945 $ 5,025,883 Georgia Air National Guard $ 3,482,103 $ 559,533 Georgia Army National Guard $ 6,250,442 $ 2,343,376 Total $ 30,426,008 $ 9,197,999 Section 3. Said Act is further amended by striking Section 28 in its entirety and by substituting in lieu thereof a new Section 28 to read as follows: Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 651,227,932 Departmental Operations Budget: Personal Services $ 12,868,586 Regular Operating Expenses $ 524,904 Travel $ 122,670 Motor Vehicle Purchases $ 0 Equipment $ 45,678 Computer Charges $ 14,951,850 Real Estate Rentals $ 935,973 Telecommunications $ 389,377 Per Diem, Fees and Contracts $ 42,137,563

Page 1941

Medicaid Benefits, Penalties and Disallowances $ 1,746,325,272 Payments to Counties for Mental Health $ 33,630,480 Audit Contracts $ 772,500 SFY 1990 Benefits $ 14,711,896 Total Funds Budgeted $ 1,867,416,749 State Funds Budgeted $ 651,227,932 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 7,382,605 $ 3,259,934 Program Management $ 37,396,700 $ 1,900,123 Systems Management $ 17,242,891 $ 4,774,290 Administration $ 2,809,826 $ 449,218 Program Integrity $ 4,554,687 $ 1,754,419 Institutional Policy and Reimbursement $ 3,362,392 $ 1,629,659 Benefits, Penalties and Disallowances $ 1,794,667,648 $ 637,460,289 Total $ 1,867,416,749 $ 651,227,932 B. Budget Unit: Indigent Trust Fund $ 35,512,616 Indigent Trust Fund Budget: Per Diem, Fees and Contracts $ 721,239 Benefits $ 91,351,916 Total Funds Budgeted $ 92,073,155 State Funds Budgeted $ 35,512,616

Page 1942

Section 4. Said Act is further amended by striking Section 44 in its entirety and by substituting in lieu thereof a new Section 44 to read as follows: Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 297,142,020 State of Georgia General Obligation Debt Sinking Fund (New) $ 31,039,525 Section 5. Said Act is further amended by striking Section 76 in its entirety and by substituting in lieu thereof a new Section 76 to read as follows: Section 76. Georgia State Financing and Investment Commission $ 700,000 Section 6. Said Act is further amended by striking Section 77 in its entirety and by substituting in lieu thereof a new Section 77 to read as follows: Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76 State Fiscal Year 1991 $ 7,595,067,946 (including $35,512,616 in Indigent Trust Fund).

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Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. VITAL RECORDS NOT OPEN TO PUBLIC INSPECTION; CONFIDENTIAL. Code Section 50-18-76 Enacted. No. 594 (Senate Bill No. 229). 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 certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential; 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 by adding at the end of said article a new Code Section 50-18-76 to read as follows: 50-18-76. No form, document, or other written matter which is required by law or rule or regulation to be filed as a vital record under the provisions of Chapter 10 of Title 31,

Page 1944

which contains information which is exempt from disclosure under Code Section 31-10-25, and which is temporarily kept or maintained in any file or with any other documents in the office of the judge or clerk of any court prior to filing with the Department of Human Resources shall be open to inspection by the general public, even though the other papers or documents in such file may be open to inspection. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991. APPROPRIATIONS S.F.Y. 1991-92. No. 595 (House Bill No. 285). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and $7,955,482,500 of the General Funds of the State, including unappropriated surplus,

Page 1945

reserves and estimated revenue collections (excluding indigent trust fund receipts) for State Fiscal Year 1992. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 23,532,633 Personal Services - Staff $ 11,716,911 Personal Services - Elected Officials $ 3,429,765 Regular Operating Expenses $ 2,525,427 Travel - Staff $ 111,000 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 285,000 Computer Charges $ 464,000 Real Estate Rentals $ 5,000 Telecommunications $ 752,000 Per Diem, Fees and Contracts - Staff $ 333,889 Per Diem, Fees and Contracts - Elected Officials $ 2,704,841 Photography $ 65,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 23,532,633 State Funds Budgeted $ 23,532,633 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,330,959 $ 4,330,959 Lt. Governor's Office $ 696,675 $ 696,675 Secretary of the Senate's Office $ 1,183,213 $ 1,183,213 Total $ 6,210,847 $ 6,210,847

Page 1946

House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,839,849 $ 8,839,849 Speaker of the House's Office $ 456,891 $ 456,891 Clerk of the House's Office $ 1,171,942 $ 1,171,942 Total $ 10,468,682 $ 10,468,682 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,425,376 $ 2,425,376 Legislative Fiscal Office $ 2,204,936 $ 2,204,936 Legislative Budget Office $ 908,824 $ 908,824 Ancillary Activities $ 1,313,968 $ 1,313,968 Total $ 6,853,104 $ 6,853,104 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

Page 1947

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 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 $ 16,113,417 Operations Budget: Personal Services $ 13,359,207 Regular Operating Expenses $ 395,651 Travel $ 734,295 Motor Vehicle Purchases $ 195,000

Page 1948

Equipment $ 40,250 Per Diem, Fees and Contracts $ 37,000 Real Estate Rentals $ 800,006 Computer Charges $ 450,433 Telecommunications $ 101,575 Total Funds Budgeted $ 16,113,417 State Funds Budgeted $ 16,113,417 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 4,712,199 Personal Services $ 3,327,199 Operating Expenses $ 1,385,000 Total Funds Budgeted $ 4,712,199 State Funds Budgeted $ 4,712,199 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 5,753,367 Personal Services $ 4,953,367 Operating Expenses $ 800,000 Total Funds Budgeted $ 42,506,217 State Funds Budgeted $ 5,753,367 Section 5. Superior Courts. Budget Unit: Superior Courts $ 42,506,217 Operation of the Courts $ 39,531,967 Prosecuting Attorneys' Council $ 1,624,597 Sentence Review Panel $ 155,230 Council of Superior Court Judges $ 120,813 Judicial Administrative Districts $ 1,058,610 Habeas Corpus Clerk $ 15,000 Total Funds Budgeted $ 42,506,217 State Funds Budgeted $ 42,506,217 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 833,878 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing

Page 1949

Judicial Education $ 592,000 Institute's Operations $ 456,000 Georgia Magistrate Courts Training Council $ 136,000 Total Funds Budgeted $ 592,000 State Funds Budgeted $ 592,000 Section 8. Judicial Council. Budget Unit: Judicial Council $ 1,990,013 Council Operations $ 912,480 Payments to Judicial Administrative Districts for Case Counting $ 76,500 Board of Court Reporting $ 39,932 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 $ 663,101 Total Funds Budgeted $ 1,990,013 State Funds Budgeted $ 1,990,013 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 125,000 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council $ 1,005,000 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 35,042,289 Administration and Services Budget: Personal Services $ 49,704,424

Page 1950

Regular Operating Expenses $ 12,274,854 Travel $ 330,550 Motor Vehicle Purchases $ 377,000 Equipment $ 1,668,152 Computer Charges $ 9,004,457 Real Estate Rentals $ 3,722,994 Telecommunications $ 1,698,480 Per Diem, Fees and Contracts $ 530,900 Rents and Maintenance Expense $ 11,665,402 Utilities $ 38,550 Payments to DOAS Fiscal Administration $ 2,500,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 2,500,000 Telephone Billings $ 43,986,000 Materials for Resale $ 16,500,000 Public Safety Officers Indemnity Fund $ 304,400 Health Planning Review Board Operations $ 37,600 Georgia Golf Hall of Fame Operations $ 0 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 0 Grants to Municipalities $ 0 Total Funds Budgeted $ 156,843,763 State Funds Budgeted $ 35,042,289 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 473,209 $ 473,209 Departmental Administration $ 4,997,653 $ 4,964,319 Treasury and Fiscal Administration $ 9,491,896 $ 6,991,896

Page 1951

Central Supply Administration $ 16,917,766 $ 0 Procurement Administration $ 3,014,841 $ 3,014,841 General Services Administration $ 889,678 $ 0 Space Management Administration $ 551,145 $ 551,145 Data Processing Services $ 49,335,340 $ 13,196,879 Motor Vehicle Services $ 4,045,793 $ 0 Communication Services $ 55,209,641 $ 5,850,000 Printing Services $ 6,822,933 $ 0 Surplus Property Services $ 1,718,174 $ 0 Mail and Courier Services $ 1,135,520 $ 0 Risk Management Services $ 2,240,174 $ 0 Total $ 156,843,763 $ 35,042,289 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 21,572,701 Regular Operating Expenses $ 5,557,879 Travel $ 27,255 Motor Vehicle Purchases $ 280,000 Equipment $ 231,785 Computer Charges $ 58,121 Real Estate Rentals $ 17,704 Telecommunications $ 121,010 Per Diem, Fees and Contracts $ 151,880 Capital Outlay $ 0

Page 1952

Utilities $ 7,466,638 Contractual Expense $ 235,030 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 35,720,003 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,990,066 $ 0 Custodial $ 5,469,141 $ 0 Maintenance $ 5,068,816 $ 0 Security $ 5,509,142 $ 0 Van Pool $ 397,582 $ 0 Sales $ 5,456,180 $ 0 Administration $ 10,236,805 $ 0 Railroad Excursions $ 1,592,271 $ 0 Facility Renovations $ 0 $ 0 Total $ 35,720,003 $ 0 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $ 106,006 Operations Budget: Personal Services $ 3,622,164 Regular Operating Expenses $ 2,958,281 Travel $ 391,160 Motor Vehicle Purchases $ 136,000 Equipment $ 220,735 Computer Charges $ 1,500

Page 1953

Real Estate Rentals $ 0 Telecommunications $ 25,800 Per Diem, Fees and Contracts $ 875,000 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 8,230,640 State Funds Budgeted $ 106,006 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 34,548,768 State Operations Budget: Personal Services $ 30,844,408 Regular Operating Expenses $ 3,603,606 Travel $ 934,524 Motor Vehicle Purchases $ 483,197 Equipment $ 94,500 Computer Charges $ 370,676 Real Estate Rentals $ 771,153 Telecommunications $ 397,000 Per Diem, Fees and Contracts $ 238,461 Market Bulletin Postage $ 700,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,453,950 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,004,106 Veterinary Fees $ 412,000 Indemnities $ 125,000 Advertising Contract $ 193,000 Payments to Georgia Agrirama Development Authority for Operations $ 560,790 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 350,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 56,400

Page 1954

Tick Control Program $ 40,000 Total Funds Budgeted $ 44,632,771 State Funds Budgeted $ 34,548,768 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 5,194,901 $ 4,864,151 Animal Industry $ 6,977,733 $ 6,722,733 Marketing $ 2,056,383 $ 2,009,383 General Field Forces $ 3,731,277 $ 3,731,277 Internal Administration $ 4,453,582 $ 4,384,582 Information and Education $ 1,476,112 $ 1,476,112 Fuel and Measures $ 3,025,318 $ 3,016,818 Consumer Protection Field Forces $ 6,424,529 $ 4,673,935 Meat Inspection $ 4,300,692 $ 1,613,928 Major Markets $ 4,335,011 $ 221,011 Seed Technology $ 526,395 $ 0 Entomology and Pesticides $ 2,130,838 $ 1,834,838 Total $ 44,632,771 $ 34,548,768 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 670,499

Page 1955

Regular Operating Expenses $ 164,436 Travel $ 5,450 Motor Vehicle Purchases $ 0 Equipment $ 5,494 Computer Charges $ 0 Telecommunications $ 7,933 Per Diem, Fees and Contracts $ 36,167 Capital Outlay $ 203,300 Goods for Resale $ 95,000 Total Funds Budgeted $ 1,188,279 State Funds Budgeted $ 0 Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 6,966,340 Administration and Examination Budget: Personal Services $ 5,867,340 Regular Operating Expenses $ 290,426 Travel $ 302,873 Motor Vehicle Purchases $ 101,700 Equipment $ 25,334 Computer Charges $ 102,550 Real Estate Rentals $ 216,893 Telecommunications $ 54,724 Per Diem, Fees and Contracts $ 4,500 Total Funds Budgeted $ 6,966,340 State Funds Budgeted $ 6,966,340 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 14,035,493 State Operations Budget: Personal Services $ 5,733,102 Regular Operating Expenses $ 265,600 Travel $ 153,000 Motor Vehicle Purchases $ 10,000 Equipment $ 2,605 Computer Charges $ 80,275 Real Estate Rentals $ 516,379 Telecommunications $ 51,850

Page 1956

Per Diem, Fees and Contracts $ 102,000 Capital Felony Expenses $ 20,000 Contracts with Regional Development Commissions $ 2,467,500 Local Assistance Grants $ 713,000 Appalachian Regional Commission Assessment $ 140,322 Community Development Block Grants (Federal) $ 30,000,000 Music Hall of Fame $ 60,000 Georgia Music Week Promotion $ 5,000 Local Development Fund $ 900,000 Payment to State Housing Trust Fund $ 5,000,000 Payment to Georgia Environmental Facilities Authority for Operations $ 502,634 Total Funds Budgeted $ 46,723,267 State Funds Budgeted $ 14,035,493 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 941,660 $ 904,633 Technical Assistance $ 1,427,389 $ 1,293,902 Financial Assistance $ 41,722,359 $ 9,391,816 Rural Development $ 1,150,757 $ 1,100,632 Coordinated Planning $ 1,481,102 $ 1,344,510 Total $ 46,723,267 $ 14,035,493 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 496,569,392 Personal Services $ 364,009,995 Regular Operating Expenses $ 49,067,099 Travel $ 1,896,219 Motor Vehicle Purchases $ 2,345,500

Page 1957

Equipment $ 5,411,976 Computer Charges $ 3,728,252 Real Estate Rentals $ 4,596,389 Telecommunications $ 4,182,412 Per Diem, Fees and Contracts $ 2,331,301 Capital Outlay $ 0 Utilities $ 13,837,648 Court Costs $ 486,000 County Subsidy $ 13,688,850 County Subsidy for Jails $ 6,800,000 Central Repair Fund $ 924,000 Payments to Central State Hospital for Meals $ 3,921,000 Payments to Central State Hospital for Utilities $ 1,297,891 Payments to Public Safety for Meals $ 464,500 Inmate Release Fund $ 1,600,000 Health Services Purchases $ 25,119,528 Payments to MAG for Health Care Certification $ 51,749 University of Georgia - Cooperative Extension Service Contracts $ 325,000 Minor Construction Fund $ 0 Total Funds Budgeted $ 506,085,309 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 496,569,392 Departmental Functional Budgets Total Funds State Funds Administration $ 49,222,141 $ 48,721,174 Institutions and Support $ 367,628,278 $ 366,230,328 Probation $ 89,234,890 $ 81,617,890 Total $ 506,085,309 $ 496,569,392 B. Budget Unit: Board of Pardons and Paroles $ 36,172,392

Page 1958

Board of Pardons and Paroles Budget: Personal Services $ 29,250,739 Regular Operating Expenses $ 1,181,485 Travel $ 830,000 Motor Vehicle Purchases $ 0 Equipment $ 150,753 Computer Charges $ 444,000 Real Estate Rentals $ 2,347,294 Telecommunications $ 1,031,321 Per Diem, Fees and Contracts $ 303,000 County Jail Subsidy $ 608,800 Health Services Purchases $ 25,000 Total Funds Budgeted $ 36,172,392 State Funds Budgeted $ 36,172,392 Section 17. Department of Defense. Budget Unit: Department of Defense $ 5,174,430 Operations Budget: Personal Services $ 8,390,977 Regular Operating Expenses $ 4,393,128 Travel $ 73,307 Motor Vehicle Purchases $ 0 Equipment $ 41,300 Computer Charges $ 15,325 Real Estate Rentals $ 6,260 Telecommunications $ 153,473 Per Diem, Fees and Contracts $ 196,535 Grants to Locals - Emergency Management Assistance $ 1,044,200 Grants - Others $ 55,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ 0 Repairs and Renovations $ 0 Disaster Relief Payments $ 0 Total Funds Budgeted $ 14,409,505 State Funds Budgeted $ 5,174,430

Page 1959

Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,355,304 $ 1,270,980 Georgia Emergency Management Agency $ 3,325,792 $ 1,007,052 Georgia Air National Guard $ 3,484,017 $ 560,432 Georgia Army National Guard $ 6,244,392 $ 2,335,966 Total $ 14,409,505 $ 5,174,430 Section 18. State Board of Education - Department of Education. Budget Unit: Department of Education $ 2,880,038,566 Operations: Personal Services $ 42,879,319 Regular Operating Expenses $ 4,300,549 Travel $ 1,244,227 Motor Vehicle Purchases $ 0 Equipment $ 418,215 Computer Charges $ 4,736,225 Real Estate Rentals $ 2,587,923 Telecommunications $ 1,594,396 Per Diem, Fees and Contracts $ 16,959,909 Utilities $ 704,609 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 736,332,952 Grades 4 - 8 $ 620,004,858 Grades 9 - 12 $ 271,135,711 High School Laboratories $ 89,395,567 Vocational Education Laboratories $ 91,393,715 Special Education $ 220,205,191 Gifted $ 30,513,591 Remedial Education $ 50,844,340

Page 1960

Staff Development and Professional Development $ 23,952,546 Media $ 81,882,854 Indirect Cost $ 642,964,477 Pupil Transportation $ 120,050,951 Local Fair Share $ (571,249,433) Other Categorical Grants: Equalization Formula $ 135,847,527 Sparsity Grants $ 3,825,000 In School Suspension $ 17,672,419 Special Instructional Assistance $ 36,399,410 Middle School Incentive $ 36,110,480 Special Education Low - Incidence Grants $ 200,000 Non-QBE Grants: Education of Children of Low-Income Families $ 94,501,492 Retirement (H.B. 272 and H.B. 1321) $ 3,000,000 Instructional Services for the Handicapped $ 23,177,937 Tuition for the Multi-Handicapped $ 2,300,000 Severely Emotionally Disturbed $ 34,915,279 School Lunch (Federal) $ 113,396,789 School Lunch (State) $ 24,562,029 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,700,000 Regional Education Service Agencies $ 6,751,960 Georgia Learning Resources System $ 2,351,667 High School Program $ 17,051,009 Special Education in State Institutions $ 3,606,003 Governor's Scholarships $ 1,658,647 Special Projects $ 320,000 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 266,540 Salaries and Travel of Public Librarians $ 10,097,738 Public Library Materials $ 4,343,959 Talking Book Centers $ 845,450 Public Library M O $ 3,841,862 Child Care Lunch Program (Federal) $ 16,787,825

Page 1961

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 $ 2,100,000 Technology Grants $ 400,000 Limited English - Speaking Students Program $ 5,352,204 Drug Free School (Federal) $ 2,700,000 Transition 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 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 59,583,875 Pre-School Handicapped Program $ 8,959,928 Mentor Teachers $ 375,000 Pre-Kindergarten Program $ 2,952,542 Duty-Free Lunch $ 1,700,000 Total Funds Budgeted $ 3,188,019,998 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,880,038,566 Education Functional Budgets Total Funds State Funds State Administration $ 10,193,044 $ 9,406,887 Instructional Programs $ 18,634,831 $ 9,512,654 Governor's Honors Program $ 1,780,894 $ 1,667,549 Administrative Services $ 10,891,953 $ 7,123,531 Evaluation and Personnel Development $ 12,090,135 $ 11,630,465 Special Services $ 4,596,625 $ 2,955,054

Page 1962

Professional Standards Commission $ 341,180 $ 341,180 Professional Practices Commission $ 605,756 $ 605,756 Local Programs $ 3,112,594,626 $ 2,821,447,780 Georgia Academy for the Blind $ 4,476,901 $ 4,283,717 Georgia School for the Deaf $ 6,997,030 $ 6,785,743 Atlanta Area School for the Deaf $ 4,817,023 $ 4,278,250 Total $ 3,188,019,998 $ 2,880,038,566 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 1,402,211 Regular Operating Expenses $ 194,364 Travel $ 14,350 Motor Vehicle Purchases $ 0 Equipment $ 29,000 Computer Charges $ 302,000 Real Estate Rentals $ 191,000 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 864,500 Benefits to Retirees $ 0 Total Funds Budgeted $ 3,027,425 State Funds Budgeted $ 0 Section 20. Forestry Commission. Budget Unit: Forestry Commission $ 35,310,819 State Operations Budget: Personal Services $ 29,343,044 Regular Operating Expenses $ 5,326,865

Page 1963

Travel $ 157,068 Motor Vehicle Purchases $ 1,000,000 Equipment $ 1,500,000 Computer Charges $ 198,849 Real Estate Rentals $ 43,670 Telecommunications $ 1,041,595 Per Diem, Fees and Contracts $ 519,622 Contractual Research $ 200,000 Ware County Grant for Southern Forest World $ 28,200 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 100,000 Total Funds Budgeted $ 39,518,913 State Funds Budgeted $ 35,310,819 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 3,075,834 $ 1,597,434 Field Services $ 33,715,549 $ 30,985,855 General Administration and Support $ 2,727,530 $ 2,727,530 Total $ 39,518,913 $ 35,310,819 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 37,216,282 Operations Budget: Personal Services $ 27,330,556 Regular Operating Expenses $ 2,470,807 Travel $ 491,361 Motor Vehicle Purchases $ 635,200 Equipment $ 520,737 Computer Charges $ 1,098,285 Real Estate Rentals $ 1,841,500 Telecommunications $ 1,871,456 Per Diem, Fees and Contracts $ 606,380

Page 1964

Evidence Purchased $ 500,000 Capital Outlay $ 0 Total Funds Budgeted $ 37,366,282 Total State Funds Budgeted $ 37,216,282 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,188,043 $ 3,188,043 Drug Enforcement $ 8,511,300 $ 8,511,300 Investigative $ 10,650,600 $ 10,650,600 Georgia Crime Information Center $ 7,152,402 $ 7,002,402 Forensic Sciences $ 7,863,937 $ 7,863,937 Total $ 37,366,282 $ 37,216,282 Section 22. Office of the Governor. Budget Unit: Office of the Governor $ 20,701,079 Personal Services $ 9,846,168 Regular Operating Expenses $ 532,125 Travel $ 190,203 Motor Vehicle Purchases $ 0 Equipment $ 57,576 Computer Charges $ 180,300 Real Estate Rentals $ 847,505 Telecommunications $ 177,440 Per Diem, Fees and Contracts $ 34,299,710 Cost of Operations $ 2,831,820 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,575,000 Intern Stipends and Travel $ 152,280 Art Grants of State Funds $ 2,825,201 Art Grants of Non-State Funds $ 321,301 Humanities Grant - State Funds $ 47,500 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 95,000

Page 1965

Juvenile Justice Grants $ 1,425,725 Payments to Hazardous Waste Management Authority $ 232,000 Total Funds Budgeted $ 57,676,854 State Funds Budgeted $ 20,701,079 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,599,100 $ 6,599,100 Office of Fair Employment Practices $ 911,119 $ 801,349 Office of Planning and Budget $ 4,862,868 $ 4,862,868 Council for the Arts $ 3,867,958 $ 3,350,780 Office of Consumer Affairs $ 2,518,988 $ 2,518,988 State Energy Office $ 34,369,413 $ 362,299 Vocational Education Advisory Council $ 335,388 $ 133,634 Office of Consumers' Utility Council $ 626,250 $ 626,250 Criminal Justice Coordinating Council $ 815,282 $ 465,116 Juvenile Justice Coordinating Council $ 1,705,058 $ 461,775 Commission on Children and Youth $ 358,457 $ 358,457 Human Relations Commission $ 160,463 $ 160,463

Page 1966

Governor's Commission on Drug Awareness and Prevention $ 546,510 $ 0 Total $ 57,676,854 $ 20,701,079 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations $ 553,679,523 1. General Administration and Support Budget: Personal Services $ 68,280,969 Regular Operating Expenses $ 3,247,315 Travel $ 1,539,635 Motor Vehicle Purchases $ 866,772 Equipment $ 212,652 Computer Charges $ 4,183,964 Real Estate Rentals $ 5,971,927 Telecommunications $ 1,428,964 Per Diem, Fees and Contracts $ 3,821,711 Postage $ 1,618,966 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 200,000 Payments to DMA - Community Care $ 11,953,772 Service Benefits for Children $ 13,954,848 Special Purpose Contracts $ 358,000 Purchase of Service Contracts $ 37,372,582 Total Funds Budgeted $ 155,012,077 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 70,867,547 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 780,280 $ 780,280 Administrative Appeals $ 1,818,621 $ 1,818,621 Administrative Policy, Coordination, and Direction $ 349,509 $ 349,509

Page 1967

Personnel $ 1,817,354 $ 1,817,354 Indirect Cost $ 0 $ (7,128,046) Facilities Management $ 5,313,877 $ 3,847,219 Public Affairs $ 573,077 $ 573,077 Community/Intergovernmental Affairs $ 787,266 $ 787,266 Budget Administration $ 1,817,425 $ 1,817,425 Financial Services $ 5,464,919 $ 5,264,919 Auditing Services $ 2,060,131 $ 2,060,131 Special Projects $ 534,500 $ 534,500 Office Of Children and Youth $ 13,954,848 $ 13,435,004 Planning Councils $ 520,309 $ 157,512 Community Services Block Grant $ 8,982,326 $ 0 Regulatory Services - Program Direction and Support $ 853,538 $ 834,538 Child Care Licensing $ 2,659,671 $ 2,659,671 Laboratory Improvement $ 834,329 $ 492,604 Health Care Facilities Regulation $ 5,884,915 $ 1,372,429 Radiological Health $ 328,614 $ 246,114 Fraud and Abuse $ 5,958,545 $ 793,505

Page 1968

Child Support Recovery $ 35,127,244 $ 4,726,692 Support Services $ 13,452,071 $ 12,494,323 Aging Services $ 43,647,625 $ 19,692,817 State Health Planning and Development Agency $ 1,491,083 $ 1,431,083 Total $ 155,012,077 $ 70,867,547 2. Public Health Budget: Personal Services $ 51,683,128 Regular Operating Expenses $ 64,345,926 Travel $ 1,082,597 Motor Vehicle Purchases $ 13,303 Equipment $ 75,072 Computer Charges $ 565,898 Real Estate Rentals $ 1,124,966 Telecommunications $ 739,899 Per Diem, Fees and Contracts $ 3,775,260 Postage $ 134,096 Crippled Children Clinics $ 640,000 Grants for Regional Maternal and Infant Care $ 1,885,000 Crippled Children Benefits $ 7,600,000 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 2,837,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 1,550,000 Family Planning Benefits $ 515,582 Grant-In-Aid to Counties $ 73,090,230 Purchase of Service Contracts $ 13,233,279 Special Purpose Contracts $ 6,528,522 Total Funds Budgeted $ 231,728,228 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 130,239,263

Page 1969

Public Health Functional Budgets Total Funds State Funds Director's Office $ 859,854 $ 662,629 Employees' Health $ 357,598 $ 207,598 Health Program Management $ 1,350,315 $ 1,220,992 Vital Records $ 1,920,605 $ 1,730,767 Health Services Research $ 911,488 $ 688,670 Primary Health Care $ 1,329,852 $ 1,245,490 Stroke and Heart Attack Prevention $ 2,020,346 $ 1,490,346 Epidemiology $ 1,217,172 $ 855,945 Immunization $ 718,406 $ 0 Sexually Transmitted Diseases $ 3,624,516 $ 306,257 Community Tuberculosis Center $ 2,389,478 $ 2,085,553 Family Health Management $ 7,255,988 $ 1,053,111 Infant and Child Health $ 5,568,529 $ 4,329,077 Maternal Health - Perinatal $ 3,216,142 $ 607,884 Family Planning $ 10,388,761 $ 6,408,921 Malnutrition $ 63,966,816 $ 0 Dental Health $ 1,745,466 $ 1,539,599

Page 1970

Children's Medical Services $ 12,378,795 $ 10,143,673 Chronic Disease $ 1,255,267 $ 1,255,267 Diabetes $ 699,051 $ 699,051 Cancer Control $ 4,088,172 $ 3,881,036 Environmental Health $ 1,336,807 $ 923,035 Laboratory Services $ 5,632,794 $ 5,512,794 Emergency Health $ 2,996,084 $ 1,939,536 District Health Administration $ 10,596,224 $ 10,466,549 Newborn Follow-Up Care $ 972,892 $ 768,861 Sickle Cell, Vision and Hearing $ 3,849,110 $ 3,341,601 High-Risk Pregnant Women and Infants $ 3,825,696 $ 3,825,696 Grant in Aid to Counties $ 57,991,801 $ 51,031,308 Community Health Management $ 507,918 $ 419,281 Community Care $ 3,412,257 $ 1,300,787 Aids $ 6,144,028 $ 3,097,949 Vaccines $ 7,200,000 $ 7,200,000 Total $ 231,728,228 $ 130,239,263 3. Rehabilitation Services Budget: Personal Services $ 66,891,824 Regular Operating Expenses $ 10,097,375

Page 1971

Travel $ 722,668 Motor Vehicle Purchases $ 62,815 Equipment $ 348,593 Computer Charges $ 1,670,466 Real Estate Rentals $ 3,375,732 Telecommunications $ 1,470,601 Per Diem, Fees and Contracts $ 4,757,620 Utilities $ 872,224 Capital Outlay $ 0 Postage $ 511,190 Institutional Repairs and Maintenance $ 234,000 Case Services $ 16,679,991 E.S.R.P. Case Services $ 27,000 Special Purpose Contracts $ 940,000 Purchase of Services Contracts $ 7,695,996 Total Funds Budgeted $ 116,358,095 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 22,683,448 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,922,148 $ 1,236,895 Grants Management $ 1,033,610 $ 884,113 State Rehabilitation Facilities $ 7,658,209 $ 1,526,562 Roosevelt Warm Springs Institute $ 19,971,620 $ 5,063,166 Georgia Factory for the Blind $ 11,461,562 $ 764,977 Disability Adjudication $ 25,247,047 $ 0 Production Workshop $ 690,040 $ 0 District Field Services $ 37,206,765 $ 8,245,123

Page 1972

Independent Living $ 608,046 $ 403,046 Sheltered Employment $ 1,648,409 $ 787,004 Community Facilities $ 6,455,911 $ 3,488,901 Bobby Dodd Workshop $ 454,728 $ 283,661 Total $ 116,358,095 $ 22,683,448 4. Family and Children Services Budget: Personal Services $ 14,775,574 Regular Operating Expenses $ 1,630,258 Travel $ 372,299 Motor Vehicle Purchases $ 0 Equipment $ 84,525 Computer Charges $ 16,343,387 Real Estate Rentals $ 252,861 Telecommunications $ 1,400,660 Per Diem, Fees and Contracts $ 5,014,274 Postage $ 2,064,694 Cash Benefits $ 401,740,037 Grants to County DFACS - Operations $ 230,449,410 Service Benefits for Children $ 68,410,444 Special Purpose Contracts $ 3,641,604 Purchase of Service Contracts $ 1,994,658 Children's Trust Fund $ 1,119,603 Total Funds Budgeted $ 749,294,288 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 329,889,265 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,908,666 $ 0 AFDC Payments $ 393,768,271 $ 150,928,530 SSI - Supplemental Benefits $ 100 $ 100

Page 1973

Energy Benefits $ 6,917,000 $ 0 County DFACS Operations - Social Services $ 73,351,725 $ 26,332,635 County DFACS Operations - Eligibility $ 101,276,246 $ 50,527,772 County DFACS Operations - Joint and Administration $ 44,741,112 $ 21,938,552 County DFACS Operations - Homemakers Services $ 7,275,486 $ 7,275,486 Food Stamp Issuance $ 2,637,600 $ 0 Director's Office $ 792,737 $ 792,737 Administrative Support $ 5,065,607 $ 4,019,803 Regional Administration $ 4,065,925 $ 4,065,925 Public Assistance $ 4,056,908 $ 2,318,787 Management Information Systems $ 19,304,729 $ 8,182,826 Social Services $ 2,943,045 $ 2,943,045 Indirect Cost $ 0 $ (6,971,058) Employability Benefits $ 3,613,143 $ 1,465,696 Legal Services $ 1,976,046 $ 1,976,046 Family Foster Care $ 29,284,018 $ 20,950,878 Institutional Foster Care $ 4,150,219 $ 3,468,253 Specialized Foster Care $ 1,534,848 $ 1,328,101

Page 1974

Adoption Supplement $ 5,353,680 $ 3,773,991 Day Care $ 24,995,087 $ 16,415,983 Home Management - Contracts $ 145,000 $ 145,000 Outreach - Contracts $ 475,000 $ 475,000 Special Projects $ 1,265,960 $ 1,243,602 Program Support $ 3,342,033 $ 3,177,398 County DFACS Operations - Employability Program $ 3,804,841 $ 1,864,921 Children's Trust Fund Commission $ 1,249,256 $ 1,249,256 Total $ 749,294,288 $ 329,889,265 Budget Unit Object Classes: Personal Services $ 201,631,495 Regular Operating Expenses $ 79,320,874 Travel $ 3,717,199 Motor Vehicle Purchases $ 942,890 Equipment $ 720,842 Computer Charges $ 22,763,715 Real Estate Rentals $ 10,725,486 Telecommunications $ 5,040,124 Per Diem, Fees and Contracts $ 17,368,865 Utilities $ 872,224 Postage $ 4,328,946 Capital Outlay $ 0 Grants for Regional Maternal and Infant Care $ 1,885,000 Crippled Children Benefits $ 7,600,000 Crippled Children Clinics $ 640,000 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 2,837,470

Page 1975

Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 1,550,000 Family Planning Benefits $ 515,582 Grant-In-Aid to Counties $ 73,090,230 Payments to DMA-Community Care $ 11,953,772 Service Benefits for Children $ 82,365,292 Case Services $ 16,679,991 E.S.R.P. Case Services $ 27,000 Cash Benefits $ 401,740,037 Grants for County DFACS - Operations $ 230,449,410 Institutional Repairs and Maintenance $ 434,000 Special Purpose Contracts $ 11,468,126 Purchase of Service Contracts $ 60,296,515 Children's Trust Fund $ 1,119,603 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 515,512,474 Departmental Operations: Personal Services $ 407,594,467 Regular Operating Expenses $ 39,791,197 Travel $ 1,167,119 Motor Vehicle Purchases $ 339,330 Equipment $ 2,057,723 Computer Charges $ 4,683,641 Real Estate Rentals $ 1,211,440 Telecommunications $ 3,163,540 Per Diem, Fees and Contracts $ 7,178,105 Utilities $ 14,412,029 Authority Lease Rentals $ 630,000 Institutional Repairs and Maintenance $ 2,155,639 Grants to County-Owned Detention Centers $ 2,667,420 Substance Abuse Community Services $ 44,274,300 Mental Retardation Community Services $ 93,981,157 Mental Health Community Services $ 21,545,344 Community Mental Health Center Services $ 62,709,921 Special Purpose Contract $ 1,322,118 Service Benefits for Children $ 4,940,940

Page 1976

Purchase of Service Contracts $ 606,870 Reserve/Clayton RYDC $ 321,742 Total Funds Budgeted $ 716,754,042 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 515,512,474 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 41,848,126 $ 25,335,172 Georgia Retardation Center $ 32,740,292 $ 13,233,966 Georgia Mental Health Institute $ 32,082,230 $ 26,974,218 Georgia Regional Hospital at Augusta $ 23,750,798 $ 20,477,202 Northwest Regional Hospital at Rome $ 31,664,487 $ 24,032,967 Georgia Regional Hospital at Atlanta $ 30,664,206 $ 23,074,494 Central State Hospital $ 135,857,453 $ 82,314,287 Georgia Regional Hospital at Savannah $ 25,912,943 $ 21,163,497 Gracewood State School and Hospital $ 48,220,394 $ 22,397,105 West Central Georgia Regional Hospital $ 23,640,553 $ 18,886,312 Outdoor Therapeutic Program $ 3,577,551 $ 2,751,827

Page 1977

Mental Health Community Assistance $ 9,960,276 $ 9,845,276 Mental Retardation Community Assistance $ 4,754,386 $ 3,110,405 Developmental Disabilities Grant $ 721,071 $ 0 Day Care Centers for Mentally Retarded $ 71,759,602 $ 44,023,602 Supportive Living $ 21,211,751 $ 21,211,751 Georgia State Foster Grandparents/Senior Companion Program $ 706,422 $ 675,392 Project Rescue $ 477,836 $ 477,836 Drug Abuse Contracts $ 4,099,557 $ 1,263,583 Community Mental Health Center Services $ 62,709,921 $ 49,044,859 Project ARC $ 397,872 $ 397,872 Metro Drug Abuse Centers $ 1,430,525 $ 1,220,525 Group Homes for Autistic Children $ 276,822 $ 276,822 Project Friendship $ 333,593 $ 333,593 Community Mental Retardation Staff $ 3,890,090 $ 3,890,090 Community Mental Retardation Residential Services $ 16,821,082 $ 16,821,082

Page 1978

Contract with Clayton County Board of Education for Autistic Children $ 77,288 $ 77,288 MH/MR/SA Administration $ 10,439,356 $ 7,176,523 Regional Youth Development Centers $ 20,329,344 $ 19,773,844 Milledgeville State YDC $ 11,154,438 $ 10,787,979 Augusta State YDC $ 7,875,164 $ 7,791,935 Atlanta State YDC $ 4,199,812 $ 4,070,246 Macon State YDC $ 4,298,605 $ 3,730,728 Court Services $ 14,171,760 $ 14,171,760 Community Treatment Centers $ 2,931,466 $ 2,931,466 Day Centers $ 999,966 $ 999,966 Group Homes $ 717,273 $ 717,273 Purchased Services $ 6,427,003 $ 6,427,003 Runaway Investigation/Interstate Compact $ 783,118 $ 783,118 Assessment and Classification $ 450,674 $ 450,674 Youth Services Administration $ 2,388,936 $ 2,388,936 Total $ 716,754,042 $ 515,512,474

Page 1979

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade $ 16,650,843 State Operations Budget: Personal Services $ 7,739,695 Regular Operating Expenses $ 1,416,975 Travel $ 304,263 Motor Vehicle Purchases $ 42,000 Equipment $ 41,281 Computer Charges $ 119,278 Real Estate Rentals $ 840,869 Telecommunications $ 218,796 Per Diem, Fees and Contracts $ 262,480 Local Welcome Center Contracts $ 214,400 Advertising and Cooperative Advertising $ 4,839,110 Georgia Ports Authority Authority Lease Rentals $ 1,445,000 Historic Chattahoochee Commission Contract $ 40,000 Georgia Council for International Visitors $ 23,500 Waterway Development in Georgia $ 40,000 Contract - Georgia Association of Broadcasters $ 49,820 Southern Center for International Studies $ 23,500 Lanier Regional Watershed Commission $ 20,000 Capital Outlay $ 0 Total Funds Budgeted $ 17,680,967 State Funds Budgeted $ 16,650,843 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 4,351,123 $ 3,531,123 Economic Development $ 5,405,141 $ 5,245,141

Page 1980

Tourism $ 7,924,703 $ 7,874,579 Total $ 17,680,967 $ 16,650,843 Section 25. Department of Insurance. Budget Unit: Department of Insurance $ 13,387,175 Operations Budget: Personal Services $ 11,567,178 Regular Operating Expenses $ 583,961 Travel $ 551,170 Motor Vehicle Purchases $ 124,000 Equipment $ 105,546 Computer Charges $ 268,816 Real Estate Rentals $ 520,761 Telecommunications $ 249,625 Per Diem, Fees and Contracts $ 51,600 Health Care Utilization Review $ 100,000 Total Funds Budgeted $ 14,122,657 State Funds Budgeted $ 13,387,175 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 2,519,213 $ 2,519,213 Insurance Regulation $ 6,027,054 $ 5,897,054 Industrial Loans Regulation $ 626,654 $ 626,654 Fire Safety and Mobile Home Regulations $ 4,949,736 $ 4,344,254 Total $ 14,122,657 $ 13,387,175 Section 26. Department of Labor. Budget Unit: Department of Labor $ 6,592,409 State Operations: Personal Services $ 63,558,836 Regular Operating Expenses $ 5,488,281

Page 1981

Travel $ 1,014,839 Motor Vehicle Purchases $ 0 Equipment $ 468,869 Computer Charges $ 3,772,454 Real Estate Rentals $ 1,259,182 Telecommunications $ 1,260,815 Per Diem, Fees and Contracts (JTPA) $ 65,281,260 Per Diem, Fees and Contracts $ 2,902,168 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,078 Capital Outlay $ 2,800,000 Total Funds Budgeted $ 149,580,782 State Funds Budgeted $ 6,592,409 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 5,844,311 $ 850,113 Administrative Services $ 18,745,143 $ 3,001,102 Employment and Training Services $ 124,991,328 $ 2,741,194 Total $ 149,580,782 $ 6,592,409 Section 27. Department of Law. Budget Unit: Department of Law $ 9,016,714 Attorney General's Office Budget: Personal Services $ 8,216,698 Regular Operating Expenses $ 367,943 Travel $ 131,057 Motor Vehicle Purchases $ 0 Equipment $ 11,205 Computer Charges $ 169,406 Real Estate Rentals $ 462,241 Telecommunications $ 98,164 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 110,000 Total Funds Budgeted $ 9,626,714 State Funds Budgeted $ 9,016,714

Page 1982

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 840,647,613 Departmental Operations Budget: Personal Services $ 12,943,537 Regular Operating Expenses $ 556,334 Travel $ 144,500 Motor Vehicle Purchases $ 0 Equipment $ 42,750 Computer Charges $ 17,049,279 Real Estate Rentals $ 935,973 Telecommunications $ 401,058 Per Diem, Fees and Contracts $ 49,333,561 Medicaid Benefits, Penalties and Disallowances $ 2,144,270,010 Payments to Counties for Mental Health $ 40,423,285 Audit Contracts $ 772,500 SFY 1991 Medicaid Benefits, Penalties and Disallowances $ 129,634,430 Total Funds Budgeted $ 2,396,507,217 State Funds Budgeted $ 840,647,613 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 8,888,728 $ 4,292,372 Program Management $ 42,658,929 $ 2,122,622 Systems Management $ 19,808,298 $ 5,455,465 Administration $ 2,868,490 $ 497,558 Program Integrity $ 4,536,618 $ 1,694,834 Institutional Policy and Reimbursement $ 3,418,429 $ 1,656,666

Page 1983

Benefits, Penalties and Disallowances $ 2,314,327,725 $ 824,928,096 Total $ 2,396,507,217 $ 840,647,613 Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Departmental Operations Budget: Personal Services $ 8,260,883 Regular Operating Expenses $ 1,724,982 Travel $ 84,509 Equipment $ 53,553 Computer Charges $ 2,986,792 Real Estate Rentals $ 918,326 Telecommunications $ 299,927 Per Diem, Fees and Contracts $ 92,228,910 Health Insurance Payments $ 613,182,892 Total Funds Budgeted $ 719,740,774 Other Agency Funds $ 17,000 Agency Assessments $ 10,050,160 Employee and Employer Contributions $ 709,545,696 Deferred Compensation $ 127,918 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,821,075 $ 0 Classification and Compensation $ 1,248,370 $ 0 Flexible Benefits $ 1,349,647 $ 0 Employee Training and Development $ 1,344,926 $ 0

Page 1984

Health Insurance Administration $ 25,819,672 $ 0 Health Insurance Claims $ 682,855,136 $ 0 Internal Administration $ 2,674,003 $ 0 Commissioner's Office $ 1,627,945 $ 0 Total $ 719,740,774 $ 0 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 71,431,041 Operations Budget: Personal Services $ 61,639,796 Regular Operating Expenses $ 11,706,052 Travel $ 440,234 Motor Vehicle Purchases $ 1,457,331 Equipment $ 1,595,805 Real Estate Rentals $ 1,854,165 Per Diem, Fees and Contracts $ 1,214,102 Computer Charges $ 692,982 Telecommunications $ 1,115,171 Authority Lease Rentals $ 227,000 Advertising and Promotion $ 150,000 Cost of Material for Resale $ 2,400,000 Capital Quality: New Construction $ 100,000 Repairs and Maintenance $ 2,331,700 Land Acquisition Support $ 211,500 Wildlife Management Area Land Acquisition $ 530,000 Shop Stock - Parks $ 329,000 User Fee Enhancements $ 1,755,000 Buoy Maintenance $ 20,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 400,000 Grants: Land and Water Conservation $ 800,000 Environmental Facilities $ 3,500,000

Page 1985

Historic Preservation $ 258,500 Recreation $ 315,000 Contracts: Georgia Special Olympics $ 193,640 Georgia Sports Hall of Fame $ 0 Technical Assistance Contract $ 117,500 Corps of Engineers (Cold Water Creek State Park) $ 175,000 Georgia Rural Water Association $ 10,000 Georgia State Games Commission $ 123,824 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 125,000 Payments to Georgia Agricultural Exposition Authority $ 2,398,872 Georgia Boxing Commission $ 5,000 Total Funds Budgeted $ 98,492,174 Receipts from Jekyll Island State Park Authority $ 314,594 Receipts from Stone Mountain Memorial Association $ 724,572 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 71,431,041 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 8,187,412 $ 5,649,277 Parks, Recreation and Historic Sites $ 36,474,516 $ 19,866,148 Coastal Resources $ 1,791,180 $ 1,696,180 Game and Fish $ 27,155,399 $ 23,110,269 Environmental Protection $ 24,883,667 $ 21,109,167 Total $ 98,492,174 $ 71,431,041

Page 1986

B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Operations Budget: Personal Services $ 1,390,524 Regular Operating Expenses $ 1,360,997 Travel $ 21,600 Motor Vehicle Purchases $ 20,000 Equipment $ 76,600 Computer Charges $ 28,500 Real Estate Rentals $ 0 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 490,826 Capital Outlay $ 0 Total Funds Budgeted $ 3,407,047 State Funds Budgeted $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 3,407,047 $ 0 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 83,341,227 1. Operations Budget: Personal Services $ 50,686,193 Regular Operating Expenses $ 7,829,772 Travel $ 132,250 Motor Vehicle Purchases $ 2,010,000 Equipment $ 425,952 Computer Charges $ 4,786,000 Real Estate Rentals $ 40,501 Telecommunications $ 878,400 Per Diem, Fees and Contracts $ 194,650 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Total Funds Budgeted $ 67,133,718 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 65,483,718

Page 1987

2. Driver Services Budget: Personal Services $ 14,411,252 Regular Operating Expenses $ 1,643,953 Travel $ 32,750 Motor Vehicle Purchases $ 0 Equipment $ 78,497 Computer Charges $ 0 Real Estate Rentals $ 37,507 Telecommunications $ 321,600 Per Diem, Fees and Contracts $ 85,350 Capital Outlay $ 0 Conviction Reports $ 265,000 Driver License Processing $ 981,600 Total Funds Budgeted $ 17,857,509 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 17,857,509 Public Safety Functional Budgets Total Funds State Funds Administration $ 17,460,261 $ 15,810,261 Driver Services $ 17,857,509 $ 17,857,509 Field Operations $ 49,673,457 $ 49,673,457 Total $ 84,991,227 $ 83,341,227 B. Budget Unit: Units Attached for Administrative Purposes Only $ 13,793,488 1. Attached Units Budget: Personal Services $ 7,321,285 Regular Operating Expenses $ 2,628,647 Travel $ 113,050 Motor Vehicle Purchases $ 13,500 Equipment $ 132,085 Computer Charges $ 425,076 Real Estate Rentals $ 95,366 Telecommunications $ 144,963 Per Diem, Fees and Contracts $ 827,440 Peace Officers Training Grants $ 2,758,356

Page 1988

Capital Outlay $ 0 Total Funds Budgeted $ 14,459,768 State Funds Budgeted $ 13,469,768 2. Office of Highway Safety Budget: Personal Services $ 410,802 Regular Operating Expenses $ 28,600 Travel $ 9,828 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 39,185 Real Estate Rentals $ 75,078 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 23,800 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,091,293 State Funds Budgeted $ 323,720 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,091,293 $ 323,720 Georgia Peace Officers Standards and Training $ 4,783,777 $ 4,783,777 Police Academy $ 1,170,899 $ 1,120,899 Fire Academy $ 1,249,708 $ 1,169,708 Georgia Firefighters Standards and Training Council $ 451,219 $ 451,219 Organized Crime Prevention Council $ 0 $ 0 Georgia Public Safety Training Facility $ 6,804,165 $ 5,944,165 Total $ 18,551,061 $ 13,793,488

Page 1989

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 10,911,433 Departmental Operations Budget: Payments to Employees' Retirement System $ 441,433 Employer Contributions $ 10,470,000 Total Funds Budgeted $ 10,911,433 State Funds Budgeted $ 10,911,433 Section 33. Public Service Commission. Budget Unit: Public Service Commission $ 7,473,781 Departmental Operations Budget: Personal Services $ 6,578,665 Regular Operating Expenses $ 378,504 Travel $ 192,943 Motor Vehicle Purchases $ 66,860 Equipment $ 26,162 Computer Charges $ 269,792 Real Estate Rentals $ 316,643 Telecommunications $ 122,073 Per Diem, Fees and Contracts $ 922,115 Total Funds Budgeted $ 8,873,757 State Funds Budgeted $ 7,473,781 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,713,791 $ 1,713,791 Transportation $ 3,098,250 $ 1,796,274 Utilities $ 4,061,716 $ 3,963,716 Total $ 8,873,757 $ 7,473,781 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 800,682,821

Page 1990

Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 867,635,675 Sponsored Operations $ 110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 216,908,919 Sponsored Operations $ 125,000,000 Special Funding Initiative $ 11,250,000 Office of Minority Business Enterprise $ 331,830 Special Desegregation Programs $ 360,383 Forestry Research $ 315,880 Capital Outlay $ 0 Total Funds Budgeted $ 1,331,802,687 Departmental Income $ 31,000,000 Sponsored Income $ 235,000,000 Other Funds $ 262,092,566 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 800,682,821 B. Budget Unit: Regents Central Office and Other Organized Activities $ 147,878,807 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 217,824,438 Sponsored Operations $ 65,013,299 Operating Expenses: Educ., Gen., and Dept. Svcs $ 102,640,762 Sponsored Operations $ 36,177,000 Fire Ant and Environmental Toxicology Research $ 207,000 Agricultural Research $ 2,022,943 Advanced Technology Development Center $ 1,525,824 Capitation Contracts for Family Practice Residency $ 2,659,765 Residency Capitation Grants $ 2,461,821 Student Preceptorships $ 150,771 Center for Rehabilitation Technology $ 701,330 SREB Payments $ 8,792,031 Medical Scholarships $ 1,074,370 Regents Opportunity Grants $ 564,000

Page 1991

Regents Scholarships $ 188,000 Rental Payments to Georgia Military College $ 796,348 CRT Inc. Contract at Georgia Tech Research Institute $ 211,000 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 6,562,843 Total Funds Budgeted $ 449,573,545 Departmental Income $ 0 Sponsored Income $ 104,448,623 Other Funds $ 196,690,415 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 147,878,807 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,735,259 $ 1,197,826 Skidaway Institute of Oceanography $ 3,694,840 $ 1,508,416 Marine Institute $ 1,407,653 $ 956,926 Georgia Tech Research Institute $ 128,059,781 $ 13,046,080 Education Extension Services $ 5,847,680 $ 2,085,995 Agricultural Experiment Station $ 50,369,052 $ 33,908,275 Cooperative Extension Service $ 49,649,263 $ 33,222,563 Eugene Talmadge Memorial Hospital $ 168,725,009 $ 29,618,061

Page 1992

Veterinary Medicine Experiment Station $ 2,906,045 $ 2,906,045 Veterinary Medicine Teaching Hospital $ 2,355,780 $ 503,925 Joint Board of Family Practice $ 5,933,885 $ 5,933,885 Georgia Radiation Theray Center $ 2,450,164 $ 0 Athens and Tifton Veterinary Laboratories $ 3,258,324 $ 0 Regents Central Office $ 23,180,810 $ 22,990,810 Total $ 449,573,545 $ 147,878,807 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Public Telecommunications Commission Budget Personal Services $ 7,100,446 Operating Expenses $ 7,299,519 Total Funds Budgeted $ 14,399,965 Other Funds $ 14,399,965 State Funds Budgeted $ 0 Section 35. Department of Revenue. Budget Unit: Department of Revenue $ 75,730,951 Operations Budget: Personal Services $ 48,381,838 Regular Operating Expenses $ 4,464,354 Travel $ 1,408,050 Motor Vehicle Purchases $ 114,200 Equipment $ 477,955 Computer Charges $ 9,711,450 Real Estate Rentals $ 2,184,891 Telecommunications $ 702,945 Per Diem, Fees and Contracts $ 297,625

Page 1993

County Tax Officials/Retirement and FICA $ 2,327,000 Grants to Counties/Appraisal Staff $ 1,230,000 Motor Vehicle Tags and Decals $ 4,650,175 Postage $ 3,625,468 Total Funds Budgeted $ 79,575,951 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 75,730,951 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 5,141,593 $ 5,141,593 Internal Administration $ 10,981,212 $ 10,881,216 Electronic Data Processing $ 5,437,651 $ 5,437,651 Field Services $ 16,732,835 $ 16,642,835 Income Tax Unit $ 8,121,248 $ 6,721,256 Motor Vehicle Unit $ 17,762,704 $ 15,707,704 Central Audit Unit $ 6,865,717 $ 6,865,717 Property Tax Unit $ 4,249,333 $ 4,249,333 Sales Tax Unit $ 4,283,658 $ 4,083,646 Total $ 79,575,951 $ 75,730,951 Section 36. Secretary of State. Budget Unit: Secretary of State $ 22,522,890 Personal Services $ 15,542,963 Regular Operating Expenses $ 2,113,592 Travel $ 241,350 Motor Vehicle Purchases $ 128,500 Equipment $ 106,261

Page 1994

Computer Charges $ 908,111 Real Estate Rentals $ 2,282,731 Telecommunications $ 300,095 Per Diem, Fees and Contracts $ 799,287 Election Expenses $ 600,000 Total Funds Budgeted $ 23,022,890 State Funds Budgeted $ 22,522,890 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,185,598 $ 3,045,598 Archives and Records $ 4,739,015 $ 4,664,015 Business Services and Regulation $ 4,342,124 $ 4,247,124 Elections and Campaign Disclosure $ 1,336,262 $ 1,300,262 Drugs and Narcotics $ 995,879 $ 941,879 State Ethics Commission $ 196,279 $ 196,279 Occupational Certification $ 8,227,733 $ 8,127,733 Total $ 23,022,890 $ 22,522,890 B. Budget Unit: Real Estate $ 1,972,706 Commission Real Estate Commission Budget: Personal Services $ 1,090,626 Regular Operating Expenses $ 156,300 Travel $ 15,000 Motor Vehicle Purchases $ 44,000 Equipment $ 12,500 Computer Charges $ 381,830 Real Estate Rentals $ 113,700 Telecommunications $ 24,000

Page 1995

Per Diem, Fees and Contracts $ 134,750 Total Funds Budgeted $ 1,972,706 State Funds Budgeted $ 1,972,706 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,972,706 $ 2,012,706 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water $ 1,792,083 Conservation Commission Soil and Water Conservation Budget: Personal Services $ 978,190 Regular Operating Expenses $ 108,898 Travel $ 56,975 Motor Vehicle Purchases $ 0 Equipment $ 13,067 Computer Charges $ 6,846 Real Estate Rentals $ 56,218 Telecommunications $ 18,676 Per Diem, Fees and Contracts $ 483,440 County Conservation Grants $ 449,198 Total Funds Budgeted $ 2,171,508 State Funds Budgeted $ 1,792,083 Section 38. Student Finance Commission. Budget Unit: Student Finance Commission $ 23,638,753 Administration Budget: Personal Services $ 4,829,739 Regular Operating Expenses $ 411,250 Travel $ 86,800 Motor Vehicle Purchases $ 0 Equipment $ 21,000 Computer Charges $ 371,000 Telecommunications $ 147,800 Per Diem, Fees and Contracts $ 38,000 Real Estate Rentals $ 18,000 Payment of Interest and Fees $ 781,921

Page 1996

Guaranteed Educational Loans $ 4,210,000 Tuition Equalization Grants $ 14,849,678 Student Incentive Grants $ 4,728,461 Law Enforcement Personnel Dependents' Grants $ 36,000 North Georgia College ROTC Grants $ 95,500 Osteopathic Medical Loans $ 162,000 Georgia Military Scholarship Grants $ 462,030 Paul Douglas Teacher Scholarship Loans $ 398,784 Total Funds Budgeted $ 31,647,963 State Funds Budgeted $ 23,638,753 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,339,364 $ 0 Higher Education Assistance Corporation $ 781,921 $ 485,904 Georgia Student Finance Authority $ 24,942,453 $ 22,571,406 Georgia Nonpublic Postsecondary Education Commission $ 584,225 $ 581,443 Total $ 31,647,963 $ 23,638,753 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,950,000 Departmental Operations Budget: Personal Services $ 3,191,881 Regular Operating Expenses $ 319,860 Travel $ 26,650 Equipment $ 16,000 Computer Charges $ 1,078,000 Real Estate Rentals $ 301,000 Telecommunications $ 113,978

Page 1997

Per Diem, Fees and Contracts $ 330,000 Cost-of-Living Increases for Local Retirement System Members $ 3,250,000 Floor Fund for Local Retirement Systems $ 700,000 Total Funds Budgeted $ 9,327,369 State Funds Budgeted $ 3,950,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education $ 128,366,410 Department of Technical and Adult Education Budget: Personal Services $ 4,106,449 Regular Operating Expenses $ 370,242 Travel $ 111,000 Motor Vehicle Purchases $ 0 Equipment $ 13,000 Computer Charges $ 381,470 Real Estate Rentals $ 495,110 Telecommunications $ 144,000 Per Diem, Fees and Contracts $ 797,526 Personal Services-Institutions $ 86,540,574 Operating Expenses-Institutions $ 18,953,302 Capital Outlay $ 0 Quick Start Program $ 6,200,389 Area School Program $ 25,322,070 Regents Program $ 2,737,598 Adult Literacy Grants $ 8,657,535 Total Funds Budgeted $ 154,830,265 State Funds Budgeted $ 128,366,410 Functional Budgets Total Funds State Funds Administration $ 6,418,797 $ 5,397,950 Institutional Programs $ 148,411,468 $ 122,968,460 Total $ 154,830,265 $ 128,366,410

Page 1998

Section 41. Department of Transportation. Budget Unit: Department of Transportation $ 501,936,837 For Public Roads and Bridges and for other transportation activities. Departmental Operations Budget: Personal Services $ 225,713,769 Regular Operating Expenses $ 60,505,689 Travel $ 1,636,678 Motor Vehicle Purchases $ 511,000 Equipment $ 4,359,489 Computer Charges $ 4,538,721 Real Estate Rentals $ 1,355,827 Telecommunications $ 2,009,489 Per Diem, Fees and Contracts $ 9,897,129 Capital Outlay $ 658,811,371 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,058,242 Capital Outlay - Airport Development $ 1,000,000 Mass Transit Grants $ 8,177,520 Savannah Harbor Maintenance Payments $ 987,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 Total Funds Budgeted $ 980,561,924 State Funds Budgeted $ 501,936,837 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 705,564,405 $ 247,489,405 Maintenance and Betterments $ 230,227,025 $ 218,987,025 Facilities and Equipment $ 7,099,748 $ 6,499,748

Page 1999

Administration $ 22,568,822 $ 22,023,822 Total $ 965,460,000 $ 495,000,000 General Funds Budget Total Funds State Funds Paving at State and Local Schools and State Institutions $ 0 $ 0 Air Transportation $ 1,679,487 $ 1,179,487 Inter-Modal Transfer Facilities $ 12,435,437 $ 4,770,350 Harbor Maintenance Activities $ 987,000 $ 987,000 Total $ 15,101,924 $ 6,936,837 Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 21,800,034 Departmental Operations Budget: Personal Services $ 4,708,140 Regular Operating Expenses $ 115,252 Travel $ 65,456 Motor Vehicle Purchases $ 0 Equipment $ 43,995 Computer Charges $ 15,295 Real Estate Rentals $ 231,872 Telecommunications $ 55,370 Per Diem, Fees and Contracts $ 23,100 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 15,312,585 Operating Expense/Payments to Medical College of Georgia $ 5,921,793 Regular Operating Expenses for Projects and Insurance $ 175,000 Total Funds Budgeted $ 26,667,858 State Funds Budgeted $ 21,800,034

Page 2000

Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,223,655 $ 5,008,626 Veterans Home and Nursing Facility - Milledgeville $ 15,494,210 $ 12,274,222 Veterans Nursing Home - Augusta $ 5,949,993 $ 4,517,186 Total $ 26,667,858 $ 21,800,034 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 8,781,814 Operations Budget: Personal Services $ 6,952,772 Regular Operating Expenses $ 327,875 Travel $ 69,615 Motor Vehicle Purchases $ 0 Equipment $ 2,885 Computer Charges $ 212,548 Real Estate Rentals $ 997,304 Telecommunications $ 105,000 Per Diem, Fees and Contracts $ 123,815 Georgia Crime Victims Assistance Program $ 100,000 Total Funds Budgeted $ 8,891,814 State Funds Budgeted $ 8,781,814 Section 44. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 320,780,643 State of Georgia General Obligation Debt Sinking Fund (New) $ 26,244,450

Page 2001

Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund. In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $5,000,000 for payment into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund. The purpose of this appropriation is to authorize the guarantee by the State of an issue of revenue obligations of the Georgia Environmental Facilities Authority for loans to local governments for sewerage facilities and water facilities as defined in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; the amount of the highest annual debt service shall not exceed the amount of this appropriation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue. Section 46. 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 47. 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 48. 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

Page 2002

Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 49. 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 50. 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 51. 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 52. Provisions Relative to Section 11, Depart- ment of Administrative Services.

Page 2003

It is the intent of this General Assembly that the Department of Administrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible. Section 53. Provisions Relative to Section 13, Depart- ment of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities. Section 54. Provisions Relative to Section 16, Depart- ment of Corrections. It is the intent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded probation positions and related costs. Provided that of the above appropriation to the Department of Corrections, $5,000 is designated and committed to plan a detention facility in McIntosh County. It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible. Section 55. 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 $1,647.07. 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.

Page 2004

The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1992. 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 1992 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 anticipated member system to contribute at least the same equivalent amount during SFY 1992 that it contributed during SFY 1991. 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

Page 2005

appropriations by the General Assembly for school building construction in the advance incentive funding program. Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training. Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education. Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools. Section 56. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths of one percent of salaries to fund the following: 1.) A one and one-half percent cost-of-living increase effective July 1, 1991. 2.) A one and one-half percent cost-of-living increase effective January 1, 1992. Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Forestry Commission close the Morgan Nursery and reduce production at the Page/Walker Nursery. Section 58. Provisions Relative to Section 23, Depart- ment 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

Page 2006

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 $ 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 1992 that was authorized in fiscal year 1987. 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 funding.

Page 2007

It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to designated counties on a need basis, not to exceed $50,000 in State Funds per county. It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget: Early intervention programs for children and youth who are at risk of becoming physically or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant. Continuum for Juvenile Offenders. Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizophrenic clients. Provided that, in the event funding from the Ryan White Comprehensive AIDS Resource Emergency (Care) Act of 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible

Page 2008

individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. Section 59. Provisions Relative to Section 25, Depart- ment of Insurance. It is the intent of this General Assembly that the Department is authorized to add five positions. It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code S. 33, Chapter 45. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan. Section 60. Provisions Relative to Section 28, Depart- ment of Medical Assistance. There is hereby appropriated 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. Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid. The Department of Medical Assistance is authorized to use existing funds to prepare for the implementation of a limited full denture program. Section 61. Provisions Relative to Section 29, Merit System of Personnel Administration.

Page 2009

The Department is authorized to assess no more than $156.95 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 1992 shall not exceed ten and seven-tenths percent (10.70%). It is the intent of the General Assembly that salary increases be permitted solely on the basis of meritorious performance. Subject to the approval of the Office of Planning and Budget, agencies may transfer up to one half percent from other common object classes to personal services for the purpose of awarding merit increases. By May 1, 1991, agency heads must report to the Office of Planning and Budget the criteria to be used by the Department in awarding merit increases. Merit increases may not exceed one step. Merit increases should be equitably distributed to employees in all pay grades. By January 1, 1992, agency heads must report to the Governor and the General Assembly the number and percentage of eligible employees, by pay grade, who have been awarded merit increases in the first half of the fiscal year. The Office of Planning and Budget is authorized to enter into a contract with a nationally recognized personnel consulting firm to prepare a comprehensive merit pay proposal for state employees. Section 62. Provisions Relative to Section 30, Depart- ment 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 perior to the official approval thereof by the Board of Natural Resources.

Page 2010

Provided that of the funds 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. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 63. 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 64. Provisions Relative to Section 40, Depart- ment 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. Provided, that of the funds appropriated for the Quick Start Program, $50,000 is designated and committed to compensate Southeastern Paper Company for prior year projects.

Page 2011

Section 65. Provisions Relative to Section 41, Depart- ment of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of 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.

Page 2012

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. h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program. i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program. Section 66. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($9,200,000 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

Page 2013

annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 67. 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 68. 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 vehicles 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 69. 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:

Page 2014

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 with the chairmen of the House and Senate Appropriations Committees. Section 70. 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 71. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each

Page 2015

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 72. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 73. 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 74. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 75. (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 1991 Regular Session, except as otherwise specified in this Act; provided,

Page 2016

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 amounts are properly amended in the administration of the annual operating budget. Section 76. 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

Page 2017

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 77. 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 78. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation 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), $70,000 is specifically appropriated for the purpose of financing 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 $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Page 2018

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $30,000 is specifically appropriated for the purpose of financing 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 $300,000 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), $490,000 is specifically appropriated for the purpose of financing 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,102,500 is specifically appropriated for the purpose of financing 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 $4,500,000 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), $183,750 is specifically appropriated for the purpose of financing 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 $750,000 in

Page 2019

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), $7,429,800 specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $74,300,000 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), $977,500 is specifically appropriated for the State Board of Education for the purpose of financing certain 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 $9,775,000 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 facilities for the Georgia Public Safety Training Center, 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), $5,897,150 is specifically appropriated for the purpose of financing facilities 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 $24,070,000 in principal amount of General Obligation

Page 2020

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), $882,000 is specifically appropriated for the purpose of financing facilities for 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 $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $416,500 is specifically appropriated for the purpose of financing facilities for 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 $1,700,000 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), $252,500 is specifically appropriated for the purpose of financing facilities 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 useful in connection therewith, through the issuance of not more than $2,525,000 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), $3,400,000 is specifically appropriated for the purpose of financing facilities 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,

Page 2021

structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $34,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,400,000 is specifically appropriated for the purpose of financing facilities 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 $24,000,000 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), $350,000 is specifically appropriated for the purpose of financing facilities 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. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $125,000 is specifically appropriated for the purpose of financing facilities 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 $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Page 2022

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $450,000 is specifically appropriated for the purpose of financing facilities 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 $4,500,000 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), $183,750 is specifically appropriated for the purpose of financing facilities 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 $750,000 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), $64,000 is specifically appropriated for the purpose of financing facilities 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 $640,000 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), $55,000 is specifically appropriated for the purpose of financing facilities for the Department of Defense, 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 $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Page 2023

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $50,000 is specifically appropriated for the purpose of financing 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 $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), $245,000 is specifically appropriated for the purpose of financing 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities 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 $3,670,000 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), $190,000 is specifically appropriated for the purpose of financing facilities 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

Page 2024

of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 79. Delayed Hiring Factor by Department. Dept. of Corrections A $ 21,061,881 Section 80. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1992 $ 7,955,482,500 Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 82. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1991.

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JOINT STUDY COMMITTEE ON CHILDREN AND YOUTH CREATION. No. 54 (Senate Resolution No. 72). A RESOLUTION Creating the Joint Study Committee on Children and Youth; and for other purposes. WHEREAS, the protection and welfare of the children and youth of this state are crucial to the vitality and stability of the State; and WHEREAS, in Georgia, programs for the promotion and protection of children and youth are vested in several state departments and agencies, most notably the Department of Human Resources; and WHEREAS, the coordination of such programs and resources is vitally important to ensure the delivery of state services in the most effective and efficient manner; and WHEREAS, given the limited availability of federal funds and the reduction in Georgia's revenue forecast, the efficient and effective delivery of programs and resources for children and youth is a matter of great public interest. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Children and Youth. The committee shall be composed of three members of the Senate to be appointed by the President of the Senate, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and six members to be appointed by the Governor. The committee shall elect one of their members to serve as chair, and the chair shall call all meetings of the committee and set a meeting schedule for such times and places as the chair deems advisable and appropriate. BE IT FURTHER RESOLVED that the committee shall examine the delivery system for children and youth programs and the resources available to and utilized for children and youth programs

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and make recommendations as to improvements to the system. 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 committees but shall receive the same for not more than 5 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 herein, 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, to the Governor and to the General Assembly on or before December 1, 1991. The commission shall stand abolished on December 31, 1991. Approved April 24, 1991. THE ZELL MILLER MOUNTAIN PARKWAY DESIGNATED. No. 55 (House Resolution No. 283). A RESOLUTION Redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as The Zell Miller Mountain Parkway; and for other purposes. WHEREAS, the construction of the Appalachian Highway through north Georgia has been completed; and WHEREAS, this highway is a vital developmental route in this area of the Appalachian region; and

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WHEREAS, this highway passes through Young Harris, Georgia, the home of Honorable Zell Miller, Governor of the State of Georgia; and WHEREAS, the record of public service for the people of the State of Georgia attained by Honorable Zell Miller is an admirable one; and WHEREAS, Governor Zell Miller exemplifies the courage, integrity, and moral fiber of the people of Appalachia; and WHEREAS, in recognition of his leadership and dedicated service to the state, it is only fitting and proper that this portion of the Appalachian Highway be designated as The Zell Miller Mountain Parkway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of the Appalachian Highway known as State Route 515, from a point beginning at the north end of Interstate 575 and continuing to the border between the State of Georgia and the State of North Carolina, is redesignated as The Zell Miller Mountain Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating The Zell Miller Mountain Parkway. Pursuant to Article III, Section V, Paragraph XIII of the Constitution of the State of Georgia, this resolution became law on April 25, 1991, without the approval of the Governor.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1991 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

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LOCAL CONSTITUTIONAL AMENDMENTS REPEAL BY LOCAL ACT WITH REFERENDUM. Proposed Amendment to the Constitution. No. 3 (House Resolution No. 16). A RESOLUTION Proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment; 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 striking subparagraph (b) in its entirety and substituting in lieu thereof a new subparagraph (b) to read as follows: (b) Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment? 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 12, 1991. EDUCATION ELECTION OF LOCAL BOARDS OF EDUCATION AND APPOINTMENT OF LOCAL SCHOOL SUPERINTENDENTS. Proposed Amendment to the Constitution. No. 49 (House Resolution No. 288). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education; to repeal the requirement that the composition of local boards of education only be accomplished pursuant to local law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section V of the Constitution is amended by striking in its entirety Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows: Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law. Any board of education to which the members are appointed as of December 31, 1992, shall continue as an appointed board of education through December 31, 1993, and the appointed members of such board of education who are in office on December 31, 1992, shall continue in office as members of such appointed board until December 31, 1993, on which date the terms of office of all appointed members shall end. Section 2. Said article and section is further amended by striking in its entirety Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows: Paragraph III. School superintendents. There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1, 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an appointee of the board of education at the expiration of such term. Section 3. Said article and section is further amended by striking in its entirety Paragraph IV which reads as follows: Paragraph IV. Changes in school boards and superintendent. (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto

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on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required. (b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so., and inserting in lieu thereof the following: Paragraph IV. Reserved.`' Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that local boards of education be elected, that local school superintendents be appointed by an elected board of education, and for the repeal of inconsistent provisions? 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, 1991.

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STATE LOTTERY. Proposed Amendment to the Constitution. No. 50 (House Resolution No. 7). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state; to provide for payment of expenses and prizes; to provide for designation of net proceeds in the annual budget; to provide for creation of a separate budget category entitled Lottery Proceeds and to require specific appropriations therefrom for educational programs and educational purposes; to prohibit other lotteries; to prohibit pari-mutuel betting and casino gambling; to provide for certain constitutional exceptions; 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 striking in its entirety Paragraph VIII and inserting in lieu thereof a new Paragraph VIII to read as follows: Paragraph VIII. Lotteries and nonprofit bingo games. (a) Except as herein specifically provided in this Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of pari-mutuel betting and casino gambling are hereby prohibited; and this prohibition shall be enforced by penal laws. (b) The General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games. (c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be

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used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled `Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes as specified by the General Assembly. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly may by law provide for the operation and regulation of a state operated and regulated lottery or lotteries, for payment of the expenses of the lottery or lotteries from proceeds derived therefrom, and for the designation of and appropriation from a separate budget category entitled `Lottery Proceeds' with the General Appropriations Act specifically identifying to which educational programs and educational purposes net lottery proceeds are appropriated?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 17, 1991.

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RESOLUTION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA APPLYING TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA

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PETITION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES WITH RESPECT TO DISRESPECTFUL ACTS INVOLVING THE UNITED STATES OR STATE FLAGS. House Resolution No. 105. A RESOLUTION Applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states; and for other purposes. WHEREAS, although the right of free expression is part of the foundation of the United States Constitution, very carefully drawn limits on expression in specific instances have long been recognized as legitimate means of maintaining public safety and decency, as well as orderliness and the productive value of public debate; and WHEREAS, certain actions, although arguably related to one person's free expression, nevertheless raise issues concerning public decency, public peace, and the rights of expression and sacred values of others; and WHEREAS, there are symbols of our national soul, such as the Washington Monument, the United States Capitol Building, and memorials to our greatest leaders, which are the property of every American and are therefore worthy of protection from desecration and dishonor; and WHEREAS, the American Flag to this day is a most honorable and worthy banner of a nation which is thankful for its strengths and committed to curing its faults and which remains the destination of millions of immigrants attracted by the universal power of the American ideal; and WHEREAS, the law as interpreted by the United States Supreme Court no longer accords to the Stars and Stripes that

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reverence, respect, and dignity befitting the banner of that most noble experiment of a nation-state; and WHEREAS, it is only fitting that people everywhere should lend their voices to a forceful call for restoration to the Stars and Stripes of a proper station under law and decency. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body respectfully petitions the Congress of the United States to call a convention for the specific and exclusive purpose of proposing an amendment to the Constitution of the United States to authorize criminal sanctions for certain disrespectful acts involving the flag of the United States or the flags of the several states. BE IT FURTHER RESOLVED that this application by the General Assembly of the State of Georgia constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar applications pursuant to Article V but, if Congress proposes an amendment to the Constitution identical in subject matter to that contained in this resolution before January 1, 1992, this petition for a constitutional convention shall no longer be of any force or effect. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and instructed to transmit a duly attested copy of this resolution to the Secretary of the Senate of the United States Congress, to the Clerk of the House of Representatives of the United States Congress, and to each member of the Georgia congressional delegation. This resolution was adopted pursuant to Article V of the Constitution of the United States of America and was not submitted to the Governor for his approval.

Page I

APPELLATE COURTS SUPREME COURT OF GEORGIA As of March 1, 1991 HAROLD G. CLARKE Chief Justice GEORGE T. SMITH Presiding Justice RICHARD BELL Justice ROBERT BENHAM Justice NORMAN S. FLETCHER Justice WILLIS HUNT, JR. Justice CHARLES L. WELTNER 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 March 1, 1991 JOHN W. SOGNIER Chief Judge HAROLD R. BANKE Presiding Judge A. W. BIRDSONG, JR. Presiding Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge GARY B. ANDREWS Judge DOROTHY TOTH BEASLEY Judge GEORGE H. CARLEY Judge CLARENCE COOPER Judge MARION T. POPE, JR. 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 March 1, 1991 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, Judge, P.O. Box 1146, Covington, GA 30209 ALAN A. COOK, D.A., 1124 Clark Street, 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., 2nd Floor, 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. FRANK M. ELDRIDGE, Chief Judge, 615 Fulton County Courthouse, Atlanta, GA 30303 LUTHER ALVERSON, Judge, 205 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 405 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM W. DANIEL, Judge, 601 Fulton County Courthouse, Atlanta, GA 30303 PHILIP F. ETHERIDGE, Judge, 801 Fulton County Courthouse, Atlanta, GA 30303 JOEL J. FRYER, Judge, 907 Fulton County Courthouse, Atlanta, GA 30303 FRANK HULL, Judge, 210 Fulton County Courthouse, Atlanta, GA 30303 ISAAC JENRETTE, Judge, 957 Fulton County Courthouse, Atlanta, GA 30303 ED JOHNSON, Judge, 407 Fulton County Courthouse, Atlanta, GA 30303 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 LEAH SEARS-COLLINS, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 THELMA WYATT-CUMMINGS, Judge, 512 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 DAVID L. CAVENDER, Judge, P.O. Box 713, Hinesville, GA 31313 JAMES EMORY FINDLEY, Judge, P.O. Box 910, Reidsville, GA 30453 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

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AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Chief Judge, 305 City-County Building, Augusta, GA 30911 BERNARD J. MULHERIN, SR., Judge, 320 City-County Building, Augusta, GA 30911 ALBERT McELVEEN PICKETT, Judge, 311 City-County Building, Augusta, GA 30911 FRANKLIN H. PIERCE, Judge, 305 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 Law Enforcement Center, 401 Walton Way, 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, Comming, 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 A. BLENN TAYLOR, JR., Judge, P.O. Box 879, Brunswick, GA 31521 JAMES R. TUTEN, JR., Judge, P.O. Box 1473, Brunswick, GA 31521 AMANDA F. WILLIAMS, Judge, P.O. Box 879, Brunswick, GA 31521 GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup, GA 31545 ApplingSecond and third Mondays in February; third and fourth Mondays in October CamdenFirst Monday in April and November GlynnSecond Monday in March 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 KENNETH B. FOLLOWILL, Judge, P.O. Box 1340, Columbus, GA 31993 MRS. RUFE E. McCOMBS, Judge, P.O. Box 1340, Columbus, GA 31993 WILLIAM J. (BILL) SMITH, 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

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CHEROKEE CIRCUIT HONS. JERE F. WHITE, Chief Judge, P.O. Box 749, Cartersville, GA 30120 SHEPERD LEE HOWELL, Judge, P.O. Box 44, Cartersville, GA 30120 TOM POPE, Judge, P.O. Box 1117, Calhoun, GA 30701 DARRELL E. WILSON, D.A., P.O. Box 907, Cartersville, GA 30120 BartowFirst Monday in February and August; fourth Monday in April; third Monday in October GordonFirst Monday in March, June, and December; second Monday in September CLAYTON CIRCUIT HONS. JOE C. CRUMBLEY, Chief Judge, 309 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 STEPHEN E. BOSWELL, Judge, 209 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 WILLIAM H. BILL ISON, Judge, 315 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 ROBERT E. FLOURNOY, JR., 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 DOROTHY A. ROBINSON, Judge, 30 Waddell St., Marietta, GA 30090-9643 MICHAEL STODDARD, Judge, 30 Waddell St., Marietta, GA 30090-9643 TOM CHARRON, D.A., 10 East Park Square, 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 WILLIAM T. BOYETT, Judge, P.O. Box 2582, Dalton, GA 30722 CHARLES A. PANNELL, JR., Judge, P.O. Box 596, 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

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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 ALLEN B. KEEBLE, Judge, Troup County Courthouse, LaGrange, GA 30240 WILLIAM F. LEE, JR., Judge, P.O. Box 8, Newnan, GA 30264 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. BOB JAMES, Chief Judge, P.O. Box 794, Douglasville, GA 30133 DAVID T. EMERSON, Judge, P.O. Box 797, Douglasville, GA 30133 JAMES D. MCDADE, D.A., 6754 Broad Street, 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

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EASTERN CIRCUIT HONS. FRANK S. CHEATHAM, JR., Chief Judge, 212 Chatham County Courthouse, Savannah, GA 31499 PERRY BRANNEN, JR., Judge, 204 Chatham County Courthouse, Savannah, GA 31499 EUGENE H. GADSDEN, Judge, 203 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 PASCHAL A. ENGLISH, JR., Judge, 145 Johnson Avenue, Fayetteville, GA 30214 BEN J. MILLER, Judge, P.O. Box 307, Thomaston, GA 30286 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 JAMES A. HENDERSON, Judge, Gwinnett Justice and Administration Center, 75 Langley Dr., Lawrenceville, GA 30245 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, GA 30246 K. DAWSON JACKSON, Judge, 75 Langley Dr., Lawrenceville, GA 30245 RICHARD T. WINEGARDEN, Judge, 75 Langley Dr., Lawrenceville, GA 30245 TOM LAWLER III, D.A., 75 Langley Dr., Lawrenceville, GA 30245 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 ChattoogaFirst Monday in February and August DadeFirst Monday in April; second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT HONS. WALKER P. JOHNSON, JR., Chief Judge, 310 Bibb County Courthouse, Macon, GA 31201 BRYANT CULPEPPER, Judge, 310 Bibb County Courthouse, Macon, GA 31201 TOMMY DAY WILCOX, JR., Judge, 310 Bibb County Courthouse, Macon, GA 31201 WILLIS SPARKS III, D.A., 3rd Floor, Grand 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 J, 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 JOHN GIRARDEAU, Judge, P.O. Box 49, Gainesville, GA 30503 RICHARD WAYNE STORY, Judge, P.O. Box 1778, 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 JOHN LEE PARROTT, Judge, Jones County Courthouse, Box 1328, Gray, GA 31032-1328 WILLIAM A. PRIOR, JR., Judge, P.O. Box 728, Madison, GA 30650 JOE BRILEY, D.A., P.O. Box 1209, 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 1640, 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

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PATAULA CIRCUIT HONS. LOWREY S. STONE, Chief Judge, P.O. Drawer 687, Blakely, GA 31723 CHARLES M. FERGUSON, D.A., P.O. Box 508, 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 1220, 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 978, 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, Chief 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

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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 ROBERT JOSEPH CASTELLANI, Judge, 402 DeKalb County Courthouse, Decatur, GA 30030 DAN COURSEY, JR., Judge, 303 DeKalb County Courthouse, Decatur, GA 30030 HILTON FULLER, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030 CAROL W. HUNSTEIN, Judge, 504 DeKalb County Courthouse, Decatur, GA 30030 ROBERT P. MALLIS, Judge, 905 DeKalb County Courthouse, Decatur, GA 30030 JONATHAN C. PETERS, Judge, 900 DeKalb County Courthouse, Decatur, GA 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030 JAMES H. (JIM) WEEKS, Judge, 304 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 HONS. ARTHUR W. FUDGER, Chief Judge, P.O. Box 186, Buchanan, GA 30113 F. MARION CUMMINGS, Judge, 106 Polk County Courthouse, Cedartown, GA 30125 W.A. (BILL) FOSTER III, D.A., Paulding County Courthouse, Dallas, GA 30132 HaralsonThird Monday in March and October PauldingThird Monday in February and September PolkThird Monday in January and August

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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. JOSEPH J. GAINES, Chief Judge, P.O. Box 8045, Athens, GA 30603 HARRY N. GORDON, D.A., 325 E. Washington Street, Room 500, Athens, GA 30601 ClarkeSecond Monday in January, April, July, and October OconeeSecond Monday in March and September

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Election of local boards of education and appointment of local school superintendents 2032 Local constitutional amendments; repeal by local Act with referendum 2031 State lottery 2035 APPLICATION FOR AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES United States and state flags; disrespectful acts; proposal to amend the United States Constitution 2041 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 1-3-3; amended 1849 Code Section 1-4-10; enacted 788 Code Section 2-7-154; amended 452 Code Section 2-7-156; amended 452 Code Section 2-7-158; amended 452 Code Section 2-8-53; amended 997 Code Section 2-9-1; amended 1053 Code Section 2-9-5; amended 1053 Code Section 2-9-15; amended 1053 Code Section 3-6-21.2; amended 1164 Code Section 4-4-96.1; enacted 361 Code Section 4-4-151; enacted 361 Code Section 4-6-11; enacted 752 Code Title 4, Chapter 12; enacted 680 Code Section 5-6-4; amended 411 Code Section 5-6-35; amended 412 Code Section 6-3-22.1; enacted 953 Code Section 7-1-4; amended 94 Code Section 7-1-242; amended 810 Code Section 7-1-396; amended 94 Code Section 7-1-705; amended 720 Code Section 7-1-707; amended 94 Code Section 7-1-708; amended 94 Code Section 7-1-709; amended 784 Code Section 7-1-745; amended 1100 Code Section 7-1-840; amended 1374 Code Section 7-5-4; amended 94 Code Section 8-2-3; amended 987 Code Section 8-2-104; amended 258 Code Title 8, Chapter 3; amended 1653 Code Section 8-3-50; amended 390 Code Section 8-3-172; amended 391 Code Section 8-3-176; amended 391 Code Section 8-3-176; amended 94 Code Section 8-3-176.1; amended 94

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Code Section 8-3-180; amended 391 Code Section 8-3-209; amended 94 Code Section 8-3-301; amended 1653 Code Section 8-3-306; amended 1653 Code Section 8-3-310; amended 1653 Code Section 9-3-4; repealed 810 Code Section 9-3-27; amended 810 Code Section 9-3-29; amended 665 Code Section 9-10-150; amended 376 Code Section 9-10-153; amended 404 Code Section 9-10-160; amended 376 Code Section 9-11-4; amended 626 Code Section 9-12-135; amended 1324 Code Section 9-15-4; amended 1051 Code Section 10-1-7; amended 1299 Code Section 10-1-7; amended 913 Code Section 10-1-310; amended Vetoed HB 480 Code Section 10-1-393; amended 94 Code Section 10-1-393.3; enacted 1101 Code Section 10-1-397; amended 1346 Code Section 10-1-397; amended 1101 Code Section 10-1-417; amended 94 Code Section 10-1-510; amended 1161 Code Section 10-1-641; amended 797 Code Section 10-1-651; amended 797 Code Section 10-1-651; amended 94 Code Section 10-1-668; amended 94 Code Section 10-1-767; amended 94 Code Section 10-1-782; amended 94 Code Section 10-1-784; amended 94 Code Section 10-1-786; amended 94 Code Section 10-1-789; amended 604 Code Section 10-1-790; amended 94 Code Section 10-1-793; amended 94 Code Title 10, Chapter 1, Article 29; enacted 419 Code Section 10-2-5; amended 363 Code Section 10-2-44; repealed 323 Code Section 10-2-50; amended 323 Code Section 10-6-2; amended 410 Code Section 10-9-6; amended 1686 Code Section 10-9-9; amended 1093 Code Section 10-9-14; amended 1093 Code Section 10-9-15; amended 1093 Code Title 10, Chapter 11; enacted 1638 Code Section 11-9-302; amended 94 Code Section 11-10-105; amended 810 Code Section 12-2-1; amended 94 Code Section 12-2-2; amended 1738 Code Section 12-2-4; amended 1903 Code Section 12-2-6; amended Vetoed SB 272 Code Section 12-2-8; amended 1719 Code Section 12-3-10; amended 1007

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Code Section 12-3-193; amended 1690 Code Section 12-3-312; amended 1692 Code Section 12-5-23.2; enacted 1042 Code Section 12-5-29.1; amended 1386 Code Section 12-5-30.2; amended 1386 Code Section 12-5-42; amended 995 Code Section 12-5-127; amended 963 Code Section 12-5-129; amended 963 Code Section 12-5-135; amended 963 Code Section 12-5-138; amended 432 Code Title 12, Chapter 5, Article 7; enacted 1598 Code Section 12-8-24; amended 462 Code Section 12-8-62; amended 456 Code Section 12-8-101; amended 1740 Code Section 12-8-102; amended 1740 Code Section 12-8-103; amended 1740 Code Section 12-8-112.1; amended 1740 Code Section 12-9-9; amended 1735 Code Section 12-9-24; enacted 1735 Code Section 12-13-10; amended 1421 Code Section 12-14-1; amended 1371 Code Section 12-14-2; amended 1371 Code Section 12-14-3; amended 1371 Code Title 12, Chapter 16; enacted 1728 Code Section 13-6-15; amended 1299 Code Section 13-8-2.1; amended 94 Code Section 13-10-1; amended 777 Code Section 14-2-1109; amended 810 Code Title 14, Chapter 3; revised 465 Code Section 14-5-40; amended 465 Code Section 14-9-108; amended 1011 Code Section 15-2-4; amended 430 Code Title 15, Chapter 5, Article 6; enacted 634 Code Section 15-6-2; amended 278 Code Section 15-6-2; amended 288 Code Section 15-6-2; amended 280 Code Section 15-6-2; amended 276 Code Section 15-6-3; amended 372 Code Section 15-6-56; amended 364 Code Section 15-6-77; amended 1051 Code Section 15-6-77; amended 1324 Code Section 15-6-77.4; amended 1324 Code Section 15-7-21; amended 94 Code Section 15-7-24; amended 135 Code Section 15-9-36; amended 394 Code Section 15-9-37; amended 1753 Code Section 15-9-60; amended 1753 Code Section 15-9-127; amended 810 Code Section 15-10-82; amended 1753 Code Section 15-10-100; amended 1155 Code Section 15-11-2; amended 959 Code Section 15-11-4; amended 627

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Code Section 15-11-9.1; enacted 1823 Code Section 15-11-10; amended 627 Code Section 15-11-18.1; amended 346 Code Section 15-11-30; amended 959 Code Section 15-11-35; amended 1030 Code Section 15-11-38; amended 959 Code Section 15-11-39; amended 959 Code Section 15-11-49; amended 94 Code Section 15-11-49; amended 1030 Code Section 15-11-50; amended 627 Code Section 15-11-58; amended 959 Code Section 15-11-59; amended 959 Code Section 15-11-65; amended 627 Code Section 15-11-81; amended 94 Code Section 15-11-83; amended 94 Code Section 15-11-90; amended 602 Code Section 15-16-21; amended 1166 Code Section 15-18-4.1; enacted 135 Code Section 15-18-14; amended 744 Code Section 15-18-15; amended 135 Code Section 15-18-25; amended 135 Code Section 15-18-28; amended 94 Code Section 15-18-44; amended 1781 Code Section 16-5-4; enacted 719 Code Section 16-5-20; amended 971 Code Section 16-5-21; amended 971 Code Section 16-5-23; amended 971 Code Section 16-5-23.1; amended 971 Code Section 16-5-24; amended 971 Code Section 16-6-5.1; amended 1108 Code Section 16-6-8; amended 966 Code Section 16-7-64; amended 324 Code Title 16, Chapter 8, Article 4; enacted 1805 Code Section 16-9-5; amended 94 Code Section 16-9-55; amended 1653 Code Title 16, Chapter 9, Article 6; amended 1045 Code Section 16-10-2; amended 1749 Code Section 16-10-24.1; amended 755 Code Section 16-11-65; amended 1040 Code Section 16-11-130; amended 94 Code Section 16-12-35; amended 1398 Code Section 16-12-35; amended 1396 Code Section 16-12-53; amended 1113 Code Section 16-12-100; amended 886 Code Section 16-13-27; amended 312 Code Section 16-13-30.1; amended 886 Code Section 16-13-49; amended 886 Code Section 16-13-71; amended 312 Code Section 16-13-71.1; repealed 312 Code Section 16-13-79; amended 312 Code Section 17-4-20; amended 624 Code Section 17-4-20.1; enacted 1778

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Code Section 17-5-54; enacted 944 Code Section 17-6-1; amended 416 Code Section 17-6-1; amended 1401 Code Section 17-6-2; amended 94 Code Section 17-6-4; amended 749 Code Section 17-6-11; amended 1776 Code Section 17-6-11; amended 94 Code Section 17-7-131; amended 780 Code Section 17-8-55; amended 1377 Code Section 17-10-1; amended 310 Code Section 17-10-14; amended 959 Code Section 17-10-15; amended 974 Code Section 18-3-14; amended 94 Code Title 19, Chapter 1; redesignated 94 Code Section 19-6-15; amended 94 Code Section 19-6-32; amended 94 Code Section 19-6-32; amended 950 Code Section 19-6-33; amended 950 Code Section 19-7-1; amended 94 Code Section 19-7-45; amended 950 Code Section 19-7-46; amended 950 Code Section 19-8-5; amended 1640 Code Section 19-8-6; amended 1640 Code Section 19-8-7; amended 1640 Code Section 19-8-8; amended 94 Code Section 19-8-10; amended 94 Code Section 19-8-13; amended 1640 Code Section 19-8-14; amended 1640 Code Section 19-8-16; amended 1640 Code Section 19-8-20; amended 1640 Code Section 19-8-20; amended 1324 Code Section 19-8-23; amended 1640 Code Section 19-8-24; amended 1640 Code Section 19-8-24; amended 94 Code Section 19-8-25; amended 1640 Code Section 19-9-3; amended 1389 Code Section 19-11-9.1; amended 950 Code Section 19-11-27; enacted 950 Code Section 19-11-65; amended 94 Code Section 19-11-80; amended 94 Code Section 19-12-3; amended 1324 Code Title 19, Chapter 15; enacted 94 Code Section 20-1-7; enacted 1143 Code Section 20-1-24; amended 94 Code Section 20-2-11; amended 1630 Code Section 20-2-54.1; amended 94 Code Section 20-2-57; amended 406 Code Section 20-2-58; amended 726 Code Section 20-2-102; amended 1546 Code Section 20-2-108; amended 1546 Code Section 20-2-133; amended 1825 Code Section 20-2-152; amended 1531

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Code Section 20-2-154; amended 1630 Code Section 20-2-161; amended 1531 Code Section 20-2-164; amended 1531 Code Section 20-2-164; amended 1903 Code Section 20-2-166; amended 94 Code Section 20-2-167; amended 1531 Code Section 20-2-170; enacted 1579 Code Section 20-2-182; amended 1531 Code Section 20-2-182; amended 94 Code Section 20-2-188; amended Vetoed HB 557 Code Section 20-2-200; amended 94 Code Title 20, Chapter 2, Article 6, Part 6; amended 1546 Code Section 20-2-212.1; enacted 1630 Code Section 20-2-218; enacted 1630 Code Section 20-2-230; amended 1546 Code Section 20-2-250; amended 1630 Code Section 20-2-260; amended 1531 Code Section 20-2-281; amended 1543 Code Section 20-2-282; amended 1630 Code Section 20-2-290; amended 94 Code Section 20-2-480; enacted 1579 Code Section 20-2-695; amended 1546 Code Section 20-2-792; amended 1546 Code Section 20-2-793; amended 1546 Code Section 20-2-794; amended 1546 Code Section 20-2-795.1; amended 620 Code Section 20-2-796; amended 1546 Code Section 20-2-797; amended 1546 Code Section 20-2-833; amended 1546 Code Section 20-2-850; amended 1546 Code Section 20-2-850; amended 1531 Code Section 20-2-850; amended 1038 Code Section 20-2-881; amended 94 Code Section 20-2-911; amended 94 Code Section 20-2-942; amended 1546 Code Title 20, Chapter 2, Article 17, Part 10; amended 1546 Code Section 20-2-2002; amended 717 Code Title 20, Chapter 3, Article 2, Part 4; redesignated as Part 3 94 Code Section 20-3-91; amended 94 Code Section 20-3-96; amended 94 Code Section 20-3-151; amended 1577 Code Section 20-3-152; amended 1577 Code Section 20-3-250.2; amended 687 Code Section 20-3-250.3; amended 980 Code Section 20-3-250.3; amended 1165 Code Section 20-3-250.6; amended 687 Code Section 20-3-250.9; amended 687 Code Section 20-3-250.10; amended 687 Code Section 20-3-250.14; amended 687 Code Section 20-3-250.21; amended 687 Code Section 20-3-250.24; amended 687 Code Section 20-4-11; amended 1800

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Code Section 20-4-35; enacted 691 Code Section 20-5-42; amended 982 Code Section 20-13-8; amended 94 Code Section 21-2-32; amended 608 Code Section 21-2-135; amended 631 Code Section 21-2-170; amended 133 Code Section 21-2-213; amended 133 Code Section 21-2-267; amended 999 Code Section 21-2-470; amended 599 Code Section 21-2-523; amended 608 Code Section 21-2-527; amended 133 Code Section 21-2-540; amended 316 Code Section 21-3-52; amended 316 Code Section 21-3-91; amended 632 Code Section 21-3-93; amended 631 Code Section 21-3-380; amended 599 Code Section 21-3-442; amended 133 Code Section 21-4-3; amended 133 Code Section 21-4-3; amended Vetoed SB 382 Code Section 21-4-5; amended Vetoed SB 382 Code Section 21-4-6; amended 608 Code Section 21-4-6; amended Vetoed SB 382 Code Section 21-4-11; amended Vetoed SB 382 Code Section 22-4-11.1; amended 307 Code Section 24-5-26; amended 787 Code Section 24-10-27; amended 773 Code Section 24-10-27.1; enacted 773 Code Section 24-10-70; amended 94 Code Section 25-11-7; amended 1317 Code Title 25, Chapter 12; enacted 933 Code Section 26-2-260; amended 1115 Code Section 26-2-261; amended 1115 Code Section 26-2-262; amended 1115 Code Section 26-2-263; amended 1115 Code Section 26-2-264; amended 1115 Code Section 26-2-265; amended 1115 Code Section 26-2-266; amended 1115 Code Section 26-2-267; amended 1115 Code Section 26-2-268; amended 1115 Code Section 26-2-269; amended 1115 Code Section 26-2-270; amended 1115 Code Section 26-2-271; amended 1115 Code Section 26-2-272; amended 1115 Code Section 26-2-273; amended 1115 Code Section 26-2-274; amended 1115 Code Section 26-5-2; amended 94 Code Section 26-5-3; amended 94 Code Section 26-5-5; amended 977 Code Section 26-5-5; amended 94 Code Section 26-5-12; amended 94 Code Section 26-5-17; amended 94 Code Section 26-5-20; enacted 977

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Code Section 27-1-2; amended 693 Code Section 27-2-4; amended 94 Code Section 27-2-9; amended 94 Code Section 27-2-23; amended 1157 Code Section 27-3-26; enacted 1157 Code Section 27-3-27; enacted 1157 Code Section 27-3-48; amended 1782 Code Section 27-4-3; repealed 693 Code Section 27-4-10; amended 94 Code Section 27-4-110; amended 1012 Code Section 27-4-118; amended 693 Code Section 27-4-134; amended 1012 Code Section 27-4-135; repealed 693 Code Section 27-4-136; amended 693 Code Section 27-4-138; amended 1012 Code Title 27, Chapter 4, Article 4, Part 4; amended 693 Code Section 27-5-4; amended 1157 Code Section 27-5-5; amended 1157 Code Section 28-1-4; amended 746 Code Section 28-1-14; amended 747 Code Section 28-3-20; amended 622 Code Section 28-4-1; amended 5 Code Section 28-7-2; amended 1687 Code Section 29-5-8; amended 1839 Code Section 29-5-10; amended 1839 Code Section 29-5-11; amended 1839 Code Section 29-5-13; amended 1839 Code Section 29-6-15; amended 1019 Code Section 30-4-1; amended 616 Code Title 30, Chapter 6; amended 399 Code Section 31-1-7; amended 600 Code Section 31-2-5; amended 94 Code Section 31-2-6; enacted 341 Code Section 31-3-2.1; amended 94 Code Section 31-6-2; amended 1880 Code Section 31-6-2; amended 94 Code Section 31-6-2; amended 1871 Code Section 31-6-20; amended 1880 Code Section 31-6-40; amended 1871 Code Section 31-6-40.1; enacted 1419 Code Section 31-6-45; amended 1871 Code Section 31-6-45.1; amended 328 Code Section 31-6-47; amended 1419 Code Section 31-6-47; amended 1871 Code Section 31-6-48; amended 1880 Code Section 31-7-1; amended 94 Code Section 31-7-2.1; amended 1603 Code Section 31-7-3.2; enacted 1603 Code Section 31-7-35; amended 94 Code Section 31-7-71; amended 1391 Code Section 31-7-72; amended 94 Code Section 31-7-75; amended 1391

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Code Section 31-7-92; amended 94 Code Section 31-7-95; amended 94 Code Section 31-7-131; amended 1016 Code Section 31-7-133; amended 1016 Code Section 31-7-178; amended 94 Code Section 31-7-208; amended 94 Code Section 31-7-253; amended 94 Code Section 31-7-255; amended 94 Code Section 31-7-263; amended 721 Code Section 31-7-280; amended 94 Code Section 31-7-285; amended 94 Code Section 31-8-33; amended 94 Code Section 31-8-43; amended 94 Code Section 31-8-43.1; amended 94 Code Section 31-8-53; amended 94 Code Section 31-8-85; amended 1601 Code Section 31-8-86; amended 1601 Code Section 31-8-115; amended 1129 Code Section 31-8-155; amended 388 Code Section 31-9-2; amended 335 Code Section 31-9-6; amended 94 Code Section 31-10-5; amended 94 Code Section 31-10-7; amended 94 Code Section 31-10-8; amended 669 Code Section 31-10-9; amended 669 Code Section 31-10-11; amended 669 Code Section 31-10-13; amended 669 Code Section 31-10-14; amended 94 Code Section 31-10-15; amended 669 Code Section 31-10-15; amended 94 Code Section 31-10-20; amended 669 Code Section 31-10-23; amended 669 Code Section 31-10-23; amended 94 Code Section 31-10-26; amended 94 Code Section 31-10-29; amended 669 Code Section 31-11-30; amended 597 Code Section 31-11-58; amended 597 Code Section 31-12-12; enacted 1003 Code Section 31-13-6; amended 1411 Code Section 31-13-25; amended 94 Code Section 31-21-4; amended 94 Code Section 31-22-1; amended 94 Code Section 31-22-1; amended 349 Code Section 31-23-6; amended 94 Code Section 31-25-6; amended 94 Code Section 31-26-2; amended 94 Code Section 31-32-6; amended 94 Code Title 31, Chapter 38; enacted 1411 Code Title 31, Chapter 38; enacted 1853 Code Section 32-2-2; amended 1355 Code Section 32-3-15; amended 332 Code Section 32-4-42; amended 94

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Code Section 32-4-111; amended 94 Code Section 32-5-1; amended 94 Code Section 32-5-21; amended 1355 Code Section 32-6-24; amended 94 Code Section 32-6-51; amended 1861 Code Section 32-6-89; amended 94 Code Section 32-6-247; amended 94 Code Section 32-10-13; amended 94 Code Section 32-10-16; amended 94 Code Section 32-10-42; amended 94 Code Section 32-10-71; amended 1409 Code Section 32-10-75; amended 94 Code Section 32-10-99; amended 94 Code Title 33; amended 1424 Code Section 33-1-9; amended 1608 Code Section 33-1-16; amended 1608 Code Section 33-5-53; amended 1090 Code Section 33-5-54; amended 1090 Code Section 33-7-11; amended 1608 Code Section 33-9-4; amended 1608 Code Section 33-9-21; amended 1608 Code Section 33-9-42; enacted 1608 Code Section 33-9-42; enacted 1830 Code Section 33-9-43; enacted 1608 Code Section 33-9-43; enacted 1830 Code Section 33-9-44; enacted 1608 Code Section 33-14-61; amended 94 Code Section 33-20-2; amended 724 Code Section 33-20-4; amended 724 Code Section 33-20-6; amended 724 Code Section 33-23-58; amended 1864 Code Title 33, Chapter 23, Article 3; enacted 1403 Code Section 33-24-3; amended 1123 Code Section 33-24-45; amended 1608 Code Section 33-24-47.1; amended 1358 Code Section 33-24-50; amended 794 Code Section 33-24-53; enacted 1864 Code Section 33-25-10; amended 1055 Code Section 33-30-1; amended 94 Code Section 33-30-4.3; enacted 1901 Code Section 33-30-12; amended 94 Code Section 33-30-12; amended 1358 Code Section 33-30-13; amended 94 Code Section 33-31-2; amended 1092 Code Title 33, Chapter 34; amended 1608 Code Section 33-34-13; amended 94 Code Section 33-34-16; repealed 1830 Code Section 33-34-16.1; repealed 1830 Code Section 33-34-16.2; repealed 1830 Code Section 33-34-16.3; repealed 1830 Code Title 33, Chapter 47; enacted 1606 Code Title 33, Chapter 47; enacted 1021

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Code Title 34, Chapter 8; amended 139 Code Section 34-9-1; amended Vetoed SB 272 Code Section 34-9-1; amended 1850 Code Section 34-9-1; amended 94 Code Section 34-9-1; amended 677 Code Section 34-9-48.1; enacted 405 Code Section 34-9-100; amended 359 Code Section 34-9-151; amended 947 Code Section 34-9-152; amended 369 Code Section 34-9-281; amended 1586 Code Section 34-9-386; amended 94 Code Section 34-11-15; amended 258 Code Section 34-11-15.1; enacted 258 Code Section 34-11-17; amended 258 Code Section 34-13-5; amended 258 Code Section 34-13-8; amended 258 Code Section 34-13-14; amended 94 Code Section 35-1-4; amended 723 Code Section 35-1-9; enacted 1868 Code Section 35-2-43; amended 1375 Code Section 35-2-48; amended 1375 Code Section 35-6A-3; amended 435 Code Section 35-8-13; amended 94 Code Section 36-1-20; amended 993 Code Section 36-1-23; enacted 1002 Code Section 36-12-5; amended 431 Code Section 36-15-9; amended 1324 Code Section 36-30-3; amended 989 Code Section 36-30-12; amended 989 Code Section 36-32-7; amended 94 Code Section 36-32-21; amended 326 Code Section 36-35-3; amended 94 Code Section 36-37-6.1; amended 796 Code Section 36-41-3; amended 989 Code Section 36-41-5; amended 1653 Code Section 36-41-12; amended 1653 Code Section 36-42-7; amended 94 Code Title 36, Chapter 45, Article 1; designated Vetoed HB 287 Code Section 36-45-5; amended Vetoed HB 287 Code Section 36-45-7; amended Vetoed HB 287 Code Title 36, Chapter 45, Article 2; enacted Vetoed HB 287 Code Section 36-60-6; repealed 924 Code Section 36-60-6.1; repealed 924 Code Section 36-60-10; amended 989 Code Section 36-62-6; amended 1044 Code Title 36, Chapter 67A; amended 1365 Code Section 36-69-3.1; enacted 1311 Code Section 36-71-13; amended 94 Code Title 36, Chapter 72; enacted 924 Code Section 36-82-7; amended 338 Code Section 36-82-75; amended 1103 Code Section 36-82-182; amended 1653

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Code Section 36-82-182; amended 94 Code Section 36-82-190; amended 94 Code Section 36-82-190; amended 1653 Code Section 36-82-195; amended 1653 Code Section 36-82-196; amended 94 Code Section 36-85-1; amended 717 Code Section 37-1-1; amended 1059 Code Section 37-1-24; enacted 1059 Code Section 37-2-11.2; enacted 1059 Code Section 37-3-1; amended 1059 Code Section 37-3-21; amended 1059 Code Section 37-3-22; amended 1059 Code Section 37-3-24; amended 1059 Code Section 37-3-43; amended 1059 Code Section 37-3-61; amended 1059 Code Section 37-3-64; amended 1059 Code Section 37-3-81; amended 1059 Code Section 37-3-81.1; amended 1059 Code Section 37-3-82; amended 1059 Code Section 37-3-83; amended 1059 Code Section 37-3-85; amended 1059 Code Section 37-3-93; amended 1059 Code Section 37-3-94; amended 1059 Code Section 37-3-162; amended 1059 Code Section 37-3-166; amended 1059 Code Section 37-3-168; amended 1059 Code Section 37-4-2; amended 94 Code Section 37-4-6; amended 1059 Code Section 37-4-122; amended 1059 Code Section 37-4-125; amended 1059 Code Section 37-7-1; amended 1059 Code Section 37-7-2; amended 977 Code Section 37-7-21; amended 1059 Code Section 37-7-22; amended 1059 Code Section 37-7-24; amended 1059 Code Section 37-7-43; amended 1059 Code Section 37-7-61; amended 1059 Code Section 37-7-64; amended 1059 Code Section 37-7-81; amended 1059 Code Section 37-7-81.1; amended 1059 Code Section 37-7-82; amended 1059 Code Section 37-7-83; amended 1059 Code Section 37-7-85; amended 1059 Code Section 37-7-93; amended 1059 Code Section 37-7-94; amended 1059 Code Section 37-7-162; amended 1059 Code Section 37-7-166; amended 1059 Code Section 37-7-168; amended 1059 Code Section 38-2-25; amended 1393 Code Section 38-3-27; amended 654 Code Section 38-4-2; amended 330 Code Section 40-2-1; amended 327

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Code Section 40-2-6; amended 1145 Code Section 40-2-41; amended 779 Code Section 40-2-46; enacted 1683 Code Section 40-2-76; repealed 373 Code Section 40-2-84; amended 1145 Code Section 40-2-85.1; enacted 1036 Code Section 40-3-92; amended 969 Code Section 40-5-1; amended 1886 Code Section 40-5-2; amended 1870 Code Section 40-5-22; amended 321 Code Section 40-5-55; amended 1886 Code Section 40-5-57; amended 1587 Code Section 40-5-63; amended 1886 Code Section 40-5-68; amended 1886 Code Section 40-5-75; amended 1767 Code Section 40-5-82; amended 1140 Code Section 40-5-83; amended 1140 Code Section 40-5-121; amended 1886 Code Section 40-5-142; amended 618 Code Section 40-5-147; amended 618 Code Section 40-5-151; amended 618 Code Section 40-6-3; amended 1000 Code Section 40-6-14; enacted 417 Code Section 40-6-27; enacted 943 Code Section 40-6-142; amended 1004 Code Section 40-6-253; enacted 1587 Code Section 40-6-253; enacted 1058 Code Section 40-6-270; amended 1608 Code Section 40-6-391; amended 1886 Code Section 40-6-391.1; amended 1886 Code Section 40-6-391.2; enacted 1896 Code Section 40-6-391.2; enacted 1140 Code Section 40-6-392; amended 1886 Code Section 40-6-393.1; enacted 1109 Code Section 40-8-92; amended 1145 Code Section 40-9-2; amended 1608 Code Section 40-9-30; enacted 309 Code Section 40-9-40; amended 1324 Code Section 41-1-5; amended 94 Code Section 41-2-8; amended 94 Code Section 41-2-9; amended 94 Code Section 41-2-10; amended 94 Code Section 41-2-11; amended 94 Code Section 41-2-12; amended 94 Code Section 41-2-14; amended 94 Code Section 41-2-16; amended 94 Code Section 41-2-17; amended 94 Code Section 42-1-5; amended 94 Code Section 42-1-7; enacted 1352 Code Section 42-1-7; enacted 1319 Code Section 42-1-7; enacted 1348 Code Section 42-3-27; amended 94

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Code Section 42-4-31; amended 1009 Code Section 42-5-50; amended 94 Code Section 42-5-52; amended 94 Code Section 42-5-53; amended 94 Code Section 42-8-26; amended 94 Code Section 42-8-30.1; enacted 1135 Code Section 42-8-34.2; amended 1051 Code Section 42-8-34.2; amended 94 Code Section 42-8-35.1; amended 1751 Code Section 42-8-70; amended 1302 Code Title 42, Chapter 8, Article 6; enacted 1135 Code Section 42-9-45; amended 94 Code Section 42-10-3.1; enacted Vetoed HB 763 Code Section 42-10-4; amended 94 Code Section 43-1-19.1; enacted Vetoed HB 774 Code Section 43-3-6; amended 371 Code Section 43-5-1; amended 750 Code Section 43-5-2; amended 750 Code Section 43-6-11; amended 801 Code Section 43-6-11.1; amended 801 Code Section 43-6-11.2; enacted 799 Code Section 43-6-12; amended 799 Code Section 43-6-13; amended 799 Code Section 43-6-22.1; enacted 801 Code Section 43-11-17; amended 450 Code Section 43-11-18; amended 1056 Code Section 43-11-46.1; enacted 350 Code Section 43-11-70.1; enacted 352 Code Section 43-11-73.1; enacted 350 Code Section 43-14-6; amended 1581 Code Section 43-14-9; amended 1581 Code Section 43-14-16; amended 1581 Code Section 43-15-2; amended 1133 Code Section 43-17-5; amended 789 Code Section 43-18-41; amended 94 Code Section 43-18-46; amended 94 Code Section 43-18-51; amended 94 Code Section 43-18-90; amended 94 Code Section 43-19-12; amended 1130 Code Section 43-19-18; amended 1130 Code Section 43-19-19; amended 1130 Code Section 43-20-4; amended 401 Code Section 43-20-8; amended 401 Code Section 43-20-9; amended 401 Code Section 43-20-10; amended 401 Code Section 43-20-11; amended 401 Code Section 43-28-3; amended 379 Code Section 43-28-7; amended 379 Code Section 43-28-8.1; enacted 379 Code Section 43-28-9; amended 379 Code Section 43-28-10; amended 379 Code Section 43-28-11; amended 379

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Code Section 43-28-12; amended 379 Code Section 43-28-13; amended 379 Code Section 43-28-14; amended 379 Code Section 43-28-15; amended 379 Code Section 43-34-26.1; amended 94 Code Section 43-38-6; amended 1027 Code Section 43-38-11.1; amended 1027 Code Section 43-38-14; amended 1027 Code Section 43-39-7; amended 1147 Code Section 43-39-8; amended 1147 Code Section 43-39-10; amended 1147 Code Section 43-39-13; amended 1147 Code Section 43-39-14; amended 1147 Code Section 43-39-15; amended 1147 Code Section 43-39-17; amended 1147 Code Section 43-39A-2; amended 266 Code Section 43-39A-3; amended 266 Code Section 43-39A-8; amended 266 Code Section 43-39A-8; amended 94 Code Section 43-39A-9; amended 266 Code Section 43-39A-11; amended 266 Code Section 43-39A-14; amended 94 Code Section 43-39A-24; amended 266 Code Section 43-40-8; amended 642 Code Section 43-40-9; amended 642 Code Section 43-40-12; amended 642 Code Section 43-40-15; amended 642 Code Section 43-40-15; amended 94 Code Section 43-40-19; amended 642 Code Section 43-40-25; amended 642 Code Section 43-41-1; amended 1784 Code Section 43-41-3; amended 1784 Code Section 43-41-5; amended 1784 Code Section 43-41-6; amended 1784 Code Section 43-41-7; amended 1784 Code Section 43-41-8; amended 1784 Code Section 43-41-9; amended 1784 Code Section 43-41-10; amended 1784 Code Section 43-41-11; amended 1784 Code Section 43-41-13; amended 1784 Code Section 43-41-14; repealed 1784 Code Section 43-41-15; repealed 1784 Code Section 43-41-16; amended 1784 Code Section 43-41-17; amended 1784 Code Section 43-41-18; amended 1784 Code Section 43-44-16; amended 94 Code Section 43-45-8; amended 1423 Code Section 43-47-2; amended 983 Code Section 43-47-8; amended 983 Code Section 43-47-10; amended 983 Code Section 43-48-2; amended 94 Code Section 43-50-3; amended 375

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Code Section 43-51-2; amended 954 Code Section 43-51-3; amended 954 Code Section 43-51-6; amended 954 Code Section 43-51-8; amended 954 Code Section 43-51-15; amended 954 Code Section 44-2-210; amended 1324 Code Section 44-3-9; amended 94 Code Section 44-3-19; amended 94 Code Section 44-3-91; amended 94 Code Section 44-3-93; amended 94 Code Section 44-3-111; amended 94 Code Section 44-5-60; amended 334 Code Section 44-6-162; amended 94 Code Section 44-7-37; amended 94 Code Section 44-7-37; amended 360 Code Section 44-7-51; amended 94 Code Section 44-7-51; amended 968 Code Section 44-14-3; amended 413 Code Section 44-14-5; amended 1653 Code Section 44-14-35.1; amended 94 Code Section 44-14-360; amended 915 Code Section 44-14-361; amended 915 Code Section 44-14-361.1; amended 639 Code Section 44-14-366; enacted 915 Code Section 44-14-453; amended 1137 Code Section 44-14-454; amended 1137 Code Section 44-14-455; amended 1137 Code Section 44-14-474; amended 1608 Code Section 44-14-574; amended 1324 Code Section 45-3-14; amended 94 Code Section 45-6-4; amended 1125 Code Section 45-7-4; amended 1363 Code Section 45-9-4; amended 1154 Code Section 45-9-21; amended 1821 Code Section 45-9-80; amended 1312 Code Section 45-9-81; amended 1312 Code Section 45-9-81; amended 771 Code Section 45-9-82; amended 1312 Code Section 45-9-84.2; amended 1312 Code Section 45-9-85; amended 1312 Code Section 45-9-86; amended 1312 Code Section 45-9-86; amended 771 Code Section 45-22-2; amended 1304 Code Section 45-22-5; amended 1304 Code Section 45-22-6; amended 1304 Code Section 45-22-7; amended 1304 Code Section 45-22-8; amended 1304 Code Section 45-22-9; amended 1304 Code Section 45-22-11; amended 1304 Code Section 46-2-26.4; enacted 1705 Code Title 46, Chapter 3A; enacted 1696 Code Section 46-4-25; amended 1804

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Code Section 46-5-100; amended 1324 Code Section 46-5-122; amended 93 Code Section 46-5-134; amended 94 Code Section 46-5-134; amended 93 Code Section 46-10-3.1; amended 1707 Code Section 46-10-6; amended 1707 Code Section 46-10-9; amended 1707 Code Section 47-1-2; amended 994 Code Section 47-1-30; amended 605 Code Section 47-2-21; amended 274 Code Section 47-2-56; amended 130 Code Section 47-2-141; amended 1297 Code Section 47-2-222; amended 358 Code Section 47-2-244; amended Vetoed SB 153 Code Section 47-2-298; amended 130 Code Section 47-3-1; amended 1546 Code Section 47-3-21; amended 274 Code Section 47-3-68; amended 614 Code Section 47-3-83; amended 996 Code Section 47-3-84.2; amended 130 Code Section 47-3-91; amended 130 Code Section 47-5-24; amended 130 Code Section 47-7-1; amended 755 Code Section 47-7-26; amended 755 Code Section 47-7-40; amended 755 Code Section 47-7-41; amended 755 Code Section 47-7-60; amended 755 Code Section 47-7-81; amended 755 Code Section 47-7-82; amended 755 Code Section 47-7-100; amended 130 Code Section 47-7-100; amended 755 Code Section 47-7-101; amended 755 Code Section 47-7-102; amended 130 Code Section 47-7-105; amended 755 Code Section 47-7-124; amended 130 Code Section 47-7-126; amended 755 Code Section 47-9-60; amended 130 Code Section 47-9-60; amended 748 Code Section 47-9-70; amended Vetoed HB 478 Code Section 47-9-76; amended 300 Code Section 47-10-63; amended 130 Code Section 47-10-65; amended 130 Code Section 47-10-100; amended Vetoed HB 478 Code Section 47-11-20; amended 1105 Code Section 47-11-40; amended 130 Code Section 47-13-2; amended 130 Code Section 47-13-40.1; amended 130 Code Section 47-16-61; amended 753 Code Section 47-16-101; amended 130 Code Section 47-17-22; amended 786 Code Section 47-19-1; amended 274 Code Section 47-20-10; amended 685

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Code Section 47-20-32; amended 353 Code Section 47-20-33; amended 353 Code Section 47-20-34; amended 353 Code Section 47-20-63; amended 130 Code Section 47-20-64; enacted 356 Code Section 48-1-2; amended 367 Code Section 48-2-15; amended 303 Code Section 48-2-32; amended 715 Code Section 48-2-55; amended 713 Code Section 48-2-59; amended 716 Code Section 48-5-1; amended 1903 Code Section 48-5-2; amended 1903 Code Section 48-5-6; amended 1903 Code Section 48-5-7; amended 1903 Code Section 48-5-7.1; amended 1903 Code Section 48-5-7.1; amended 668 Code Section 48-5-7.4; enacted 1903 Code Section 48-5-7.5; enacted 1903 Code Section 48-5-15; amended 1110 Code Section 48-5-18; amended 303 Code Section 48-5-18; amended 6 Code Section 48-5-24; amended 303 Code Section 48-5-32; amended 1903 Code Section 48-5-32.1; enacted 1903 Code Section 48-5-33; repealed 1903 Code Section 48-5-153; amended 668 Code Section 48-5-162; amended 94 Code Section 48-5-183; amended 94 Code Section 48-5-212; amended 365 Code Section 48-5-264.1; enacted 666 Code Section 48-5-269; amended 1903 Code Section 48-5-274; amended 1903 Code Section 48-5-274; amended 1801 Code Section 48-5-311; amended 1110 Code Section 48-5-311; amended 664 Code Section 48-5-312; amended 303 Code Section 48-5-341; amended 728 Code Section 48-5-342; amended 728 Code Section 48-5-344; amended 728 Code Section 48-5-345; amended 728 Code Section 48-5-346; amended 728 Code Section 48-5-347; repealed 728 Code Section 48-5-348; amended 728 Code Section 48-5-349; repealed 728 Code Section 48-5-349.1; repealed 728 Code Section 48-5-349.2; amended 728 Code Section 48-5-349.3; amended 728 Code Section 48-5-349.4; amended 728 Code Section 48-6-2; amended 965 Code Section 48-7-41; enacted 1709 Code Section 48-7-80; amended 368 Code Section 48-7-103; amended 739

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Code Section 48-7-104; amended 739 Code Section 48-7-126; amended 739 Code Section 48-7-161; amended 139 Code Title 48, Chapter 7A; enacted 87 Code Section 48-8-3; amended 87 Code Section 48-8-82; amended 87 Code Section 48-8-110; amended 87 Code Section 48-10-2; amended 434 Code Section 48-10-6; amended 94 Code Section 48-10-7; amended 94 Code Section 48-10-14; amended 94 Code Section 48-13-51; amended 292 Code Section 48-13-54; amended 292 Code Section 48-13-55; amended 810 Code Section 48-15-11; amended 94 Code Section 49-5-3; amended 408 Code Section 49-5-10; amended 959 Code Section 49-5-10.1; amended 959 Code Section 49-5-12; amended 1640 Code Section 49-5-12; amended 408 Code Section 49-5-41; amended 1320 Code Section 49-5-130; amended 435 Code Section 49-5-131; amended 435 Code Section 49-5-132; amended 435 Code Section 49-5-133; amended 435 Code Section 49-5-134; amended 435 Code Section 49-5-135; amended 435 Code Section 49-5-150; amended 435 Code Section 49-5-151; amended 435 Code Section 49-5-152; amended 435 Code Section 49-5-153; amended 435 Code Section 49-5-154; amended 435 Code Section 49-5-155; amended 435 Code Title 49, Chapter 5, Article 7; repealed 435 Code Section 49-5-183; amended 1320 Code Section 49-5-203; amended 435 Code Section 49-5-205; amended 435 Code Section 49-5-208; amended 435 Code Section 49-5-224; amended 435 Code Section 49-5-227; amended 435 Code Title 49, Chapter 5, Article 11; enacted 1648 Code Section 50-5-60.1; enacted 606 Code Section 50-5-60.2; enacted 606 Code Section 50-5-67; amended 1380 Code Section 50-5-72; amended 139 Code Section 50-5-79; amended 1380 Code Section 50-5-82; enacted Vetoed HB 450 Code Title 50, Chapter 5, Article 3, Part 4; enacted 1380 Code Section 50-5-184; amended 389 Code Section 50-7-12.1; enacted Vetoed SB 357 Code Section 50-8-13; amended 1653 Code Title 50, Chapter 8, Article 9; enacted 1712

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Code Section 50-9-5; amended 970 Code Title 50, Chapter 12, Article 1; repealed 94 Code Section 50-12-43; amended 1590 Code Section 50-12-44; amended 1590 Code Section 50-12-45; amended 1590 Code Section 50-12-48; amended 1590 Code Section 50-12-71; amended 1773 Code Title 50, Chapter 12, Article 4, Part 3, Subpart 2; enacted 1773 Code Section 50-13-18; amended 1400 Code Section 50-13-23; amended 1301 Code Section 50-17-21; amended 1653 Code Section 50-17-59; amended 94 Code Section 50-18-76; enacted 1943 Code Section 50-23-3; amended 1685 Code Section 50-23-5; amended 94 Code Section 50-25-2; amended 425 Code Section 50-25-4; amended 425 Code Section 50-25-6; amended 425 Code title 50, Chapter 26; enacted 1653 Code Section 51-1-42; enacted 1585 Code Section 51-10-6; amended 1126 Code Section 51-12-14; amended 1394 Code Section 53-1-6; amended 810 Code Section 53-3-6; amended 394 Code Section 53-3-14; amended 394 Code Section 53-4-4; amended 660 Code Section 53-4-5; amended 660 Code Section 53-5-2; amended 948 Code Section 53-5-4; amended 948 Code Section 53-6-24; amended 394 Code Section 53-6-26; amended 810 Code Section 53-6-29; amended 394 Code Section 53-8-9; amended 810 Code Title 53, Chapter 12; revised 810 Code Title 53, Chapter 13; repealed 810 Code Title 53, Chapter 14; repealed 810 Code Title 53, Chapter 15; repealed 810 Code Title 53, Chapter 16; repealed 810 Code Title 53, Chapter 17; repealed 810 COURTS SUPREME COURT Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Justices; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Motion for a rehearing changed to motion for reconsideration 430

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COURT OF APPEALS Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 SUPERIOR COURTS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; additional judge 278 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Blue Ridge Judicial Circuit; additional judge 280 Butts County; clerk; compensation 3689 Certain children sentenced to Department of Corrections; effective date amended 959 Clayton County; deputy clerk; compensation; civil service benefits 4545 Clayton County; sheriff; clerk; compensation 4643 Clerks; certain fees 1324 Clerks; chief deputy clerks; interim service as clerks; limitation 364 Dawson County; sheriff; compensation 3817 District attorneys; military service; eligibility for reelection; fines 135 Eastern Judicial Circuit; additional judge 288 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Forfeiture; illegal hunting of deer at night; retaining property for use 1782 Fulton County; clerk; vacancy 3651 Gwinnett Judicial Circuit; additional judge 280 Homicide; one year and a day rule; eliminated 719 Judges; election cases; powers, duties, and procedures 608 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Personal property; custody; law enforcement agencies; return or disposition 944 Probation shortened; notice and hearing 310 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Rabun County; clerk; compensation Vetoed HB 759 Recall Act of 1989; legal sufficiency; hearing Vetoed SB 382 Rockdale Judicial Circuit; additional judge 276 Tallapoosa Judicial Circuit; additional assistant district attorney 4750 Tallapoosa Judicial Circuit; judges; district attorney; supplemental expense account 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Walker County; clerk; personnel; compensation 4434 JUVENILE COURTS Associate judges; authority to perform marriage ceremonies 627

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Certain children sentenced to Department of Corrections; effective date amended 959 Child abuse reports; access; reclassification of child abuse cases 1320 Council of Juvenile Court Judges; membership; associate judges 627 Final orders of termination of parental rights; transmittal to Department of Human Resources 602 Probation and intake services; transfer to Department of Human Resources 1823 Serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 PROBATE COURTS Bryan County; judge; compensation 4116 Catoosa County; part-time clerical assistance 3590 Clerks; counties of 100,000 or more population 394 Clerks; dockets; court costs 1753 Dougherty County; judge; compensation 3812 Fulton County; judge; vacancy 3651 Guardians ad litem; lost wills; letters of administration 394 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Probation; contracts; services 1135 Walker County; judge; personnel; compensation 4430 Walton County; judge; service as chief magistrate terminated 4234 Year's support; amount; burden of proof; application 948 STATE COURTS Athens-Clarke County; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Bailable offenses; judicial officer; family violence 1401 Carroll County; judge; compensation 4079 Chatham County; clerk; term; removal; interim clerk 4489 Chattooga County; judge; solicitor; compensation 3846 Clayton County; deputy clerk; compensation; civil service benefits 4547 Clayton County; judges; compensation 4637 Clayton County; solicitor; compensation 4647 Cobb County; state court; additional judge 4679 Decatur County; judge; compensation 3730 DeKalb County; fees 4323 Effingham County; judge; solicitor; compensation 3648 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Judges; General Assembly; members; oath of office 746 Judges; mandatory retirement Vetoed HB 478 Lowndes County; judge; full-time service; compensation 3551 Muscogee County; full-time chief assistant solicitor; duties; compensation 4165 Personal property; custody; law enforcement agencies; return or disposition 944 Solicitors; military service; eligibility for reelection; fines 135

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MAGISTRATE COURTS Bad checks; warrant; fee 1753 Bailable offenses; judicial officer; family violence 1401 Banks County; law library fees 3923 Candler County; chief magistrate; magistrate; appointment 4091 Clerks; issue dispossessory proceedings summons 968 Cobb County; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Fees in civil actions; Sheriffs' Retirement Fund of Georgia 753 Hancock County; chief magistrate; compensation 4494 Henry County; chief magistrate; compensation 4413 Johnson County; law library fees 3751 Lamar County; chief magistrate; nonpartisan election 3819 Marshals; employment to perform duties of constables 1155 Personal property; custody; law enforcement agencies; return or disposition 944 Probation; contracts; services 1135 Putnam County; additional magistrate; appointment; term; compensation 4668 Stephens County; chief magistrate; nonpartisan elections 3556 Walton County; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 White County; chief magistrate; nonpartisan nomination and election 3925 Whitfield County; magistrate; full-time; election 4550 MUNICIPAL COURTS Centerville; penalties 3928 Certified municipal judge; definition; cross-reference deleted 326 Fairmount; jurisdiction 3734 Hamilton; penalties; referendum 3973 Powder Springs; judges; qualifications; offenses; penalties 4558 OTHER COURTS DeKalb County; recorder's court; penalties 3732 Gwinnett County; recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 Homerville; police court; jurisdiction 4470 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Bacon County; board of commissioners; creation reenacted 4436 Baker County; tax commissioner; creation 4463 Baker County; treasurer; abolishment; depositories; procedures 4460 Baldwin County; board of education; conveyance of state property 1273 Banks County; coroner; compensation 3795 Banks County; magistrate court; law library fees 3923

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Bartow County; board of education; chairman; annual election 4481 Bartow County; school superintendent; appointment; referendum 4478 Ben Hill County; board of commissioners; members; posts; election; terms; chairman; referendum 3753 Ben Hill County; board of education; initial members; terms 3549 Ben Hill County; school superintendent; appointment; term; referendum 3772 Bibb County; Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 Brantley County; board of commissioners; chairman; mileage; compensation; meeting date 4457 Brantley County; board of education; conveyance of state property 1289 Bryan County; easement across state property 1207 Bryan County; probate court; judge; compensation 4116 Bryan County; sheriff; compensation 4110 Burke County; Burke County Economic Development Authority; creation 4120 Burke County; community improvement districts; creation 4136 Butts County; board of commissioners; publication of receipts and disbursements 3535 Butts County; superior court; clerk; compensation 3689 Butts County; tax commissioner; compensation 3691 Calhoun County; easement across state property 1207 Camden County; Camden County Public Service Authority; powers 4189 Candler County; magistrate courts; chief magistrate; magistrate; appointment 4091 Carroll County; state court; judge; compensation 4079 Catoosa County; board of elections and registration; members; qualifications; chairman; removal; vacancies 3779 Catoosa County; board of utilities commissioners; election; terms; meetings of consumer members 3783 Catoosa County; probate court; part-time clerical assistance 3590 Charlton County; tax commissioner; compensation; longevity and cost-of-living increases 4617 Chatham County; board of elections; chairman 3620 Chatham County; Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 Chatham County; City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Chatham County; conveyance of state property 1280 Chatham County; county police force; oath of office 4812 Chatham County; Eastern Judicial Circuit; additional judge 288 Chatham County; state court; clerk; term; removal; interim clerk 4489 Chattooga County; board of commissioners; creation; members; chairman; clerk; referendum 4274 Chattooga County; state court; judge; solicitor; compensation 3846 Cherokee County; board of education; members; vacancies; residency; referendum 3627 Cherokee County; board of elections and registration; creation 3830 Cherokee County; Cherokee County Water and Sewerage Authority; members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 Cherokee County; school district; homestead exemption; referendum 3855 Cherokee County; superior court; additional judge 280

Page XXXVI

Clarke County; Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Clayton County; board of commissioners; chairman; compensation 4640 Clayton County; deputy tax commissioner; compensation 4465 Clayton County; sheriff; clerk of the superior court; compensation 4643 Clayton County; state court; deputy clerk; compensation; civil service benefits 4547 Clayton County; state court; judges; compensation 4637 Clayton County; state court; solicitor; compensation 4647 Clayton County; superior court; deputy clerk; compensation; civil service benefits 4545 Clayton County; tax commissioner; compensation 4645 Cobb County; board of commissioners; independent consultants and studies; public hearing; notice 4492 Cobb County; board of commissioners; new landfill; local solid waste disposal plan 4512 Cobb County; Cobb County Commission for Operation Desert Storm Family Assistance; creation 3837 Cobb County; Cobb County Commission on Children and Youth; qualification as tax-exempt; date of abolishment 4517 Cobb County; Cobb County-Marietta Water Authority; easement across state property 1246 Cobb County; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Cobb County; Cobb Year 2000 Commission; creation 4228 Cobb County; magistrate court; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Cobb County; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Cobb County; state court; additional judge 4679 Columbia County; board of education; superintendent; appointment; contracts; vacancies; referendum 3986 Coweta County; board of commissioners; additional member; duties; term; compensation 4417 Coweta County; Newnan-Coweta County Airport Authority; members 4476 Dade County; board of commissioners; creation; county manager; clerk; referendum 3893 Dade County; Dade County Water and Sewer Authority; members; appointment; vacancies 3843 Dawson County; sheriff; compensation 3817 Decatur County; state court; judge; compensation 3730 Decatur County; tax commissioner; compensation 3579 DeKalb County; chief executive officer; compensation; expense allowance 4334 DeKalb County; City of DeKalb Study Commission; creation Vetoed HB 655 DeKalb County; City of DeKalb Study Commission; creation; abolishment 4038 DeKalb County; DeKalb County Community Relations Commission; members; term limitation 4192 DeKalb County; DeKalb County Pension Board; benefit increase 4831 DeKalb County; millage rates; county and school district taxes; tax commissioner; date of certification 4318 DeKalb County; recorder's court; penalties 3732

Page XXXVII

DeKalb County; special services tax districts; exemptions for municipalities; fiscal note 4320 DeKalb County; state court; fees 4323 Dooly County; easement across state property 1207 Dougherty County; exchange of county property for state property 1201 Dougherty County; probate court judge; compensation 3812 Douglas County; board of commissioners; vacancies; applicability 3501 Douglas County; community improvement districts 3709 Douglas County; Douglasville-Douglas County Charter Commission; creation 4297 Douglas County; Douglasville-Douglas County Water and Sewer Authority; onsite sewage disposal systems; inspections; repairs; cost of repairs; liens; collection 4292 Douglas County; Hospital Authority of Douglas County; members; vacancies 3933 Effingham County; state court; judge; solicitor; compensation 3648 Fayette County; transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170 Floyd County; easement across state property 1207 Floyd County; Rome-Floyd County Commission on Children and Youth; members 3737 Forsyth County; board of commissioners; chairman; members; compensation 3931 Forsyth County; board of education; members; compensation; per diem 4191 Forsyth County; Cumming-Forsyth County Unification Commission; creation 3611 Forsyth County; superior court; additional judge 280 Franklin County; board of commissioners; creation 4681 Fulton County; Atlanta Judicial Circuit; chief judge; Act repealed 1009 Fulton County; development near lake within residential area; engineer's approval; civil liability 4487 Fulton County; municipalities; school systems; special tax districts; millage rates 3506 Fulton County; rodent inspection and control services; rat poison 4767 Fulton County; school district; homestead exemption; eligibility; procedures; forms; applicability; exceptions; referendum 3747 Fulton County; sheriff; chief deputy not required; judge of probate court; superior court clerk; tax commissioner; treasurer; vacancies 3651 Fulton County; superior court; additional judge 278 Fulton County; vehicles; designated registration periods 3724 Glascock County; board of commissioners; payment of county obligations 4118 Gordon County; Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 Gwinnett County; Gwinnett County Arts Facility Authority; creation 3542 Gwinnett County; recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 Gwinnett County; superior court; additional judge 280 Hall County; board of education; members' expenses; insurance 3504 Hall County; civil service system; county personnel director 4818 Hancock County; magistrate court; chief magistrate; compensation 4494 Hancock County; Sparta-Hancock Public Facilities Authority; creation 4394 Haralson County; superior court; additional assistant district attorney 4750 Haralson County; superior court; judges; district attorney; supplementary expense allowance 4167 Haralson County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372

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Heard County; board of commissioners; creation 3976 Henry County; board of education; chairman; members; compensation 4392 Henry County; community improvement districts; creation 4339 Henry County; coroner; compensation; expense account 4415 Henry County; magistrate court; chief magistrate; compensation 4413 Houston County; board of commissioners; chairman; expense account; vacancy 3742 Houston County; easement across state property 1207 Irwin County; board of commissioners; contracts; correctional facility as private, commercial enterprise 4077 Jackson County; board of commissioners; vacancies 3632 Jasper County; Jasper County Economic Development Authority; creation 4524 Johnson County; magistrate court; law library fees 3751 Lamar County; magistrate court; chief magistrate; nonpartisan election 3819 Lamar County; manager; repeal 3821 Lowndes County; state court; judge; full-time service; compensation 3551 Macon County; motor vehicles; designated registration periods 4182 McDuffie County; deputy coroner; appointment; compensation; powers; duties 3634 Miller County; vehicles; designated registration periods 4540 Mitchell County; county administrator; creation of office 3616 Mitchell County; easement across state property 1207 Mitchell County; Mitchell County Hospital Authority; number of members; vacancies 3630 Muscogee County; board of elections and registration; creation 4160 Muscogee County; city-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Muscogee County; homestead exemption; county and school district taxes; disabled veterans; referendum 4259 Muscogee County; homestead exemption; county and school district taxes; referendum 4265 Muscogee County; local constitutional amendments for homestead exemptions; continuation repealed 4252 Muscogee County; state court; full-time chief assistant solicitor; duties; compensation 4165 Newton County; board of education; members; chairman; compensation 3586 Newton County; homestead exemption; county and school district taxes; eligibility; restrictions; applicability; referendum 4328 Newton County; Newton County Industrial Development Authority; revenue bonds 3529 Oconee County; school superintendent; appointment; term; contract 3822 Paulding County; additional assistant district attorney 4750 Paulding County; superior court; judges; district attorney; supplementary expense allowance 4167 Paulding County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Peach County; Peach County Hospital Authority; certain members; vacancies 4482 Pickens County; board of commissioners; creation; referendum 4212 Pickens County; school district; homestead exemption; referendum 3851 Pierce County; board of commissioners; compensation 4620 Pike County; Pike Clean and Beautiful Authority; creation 4093 Pike County; school district; homestead exemption; referendum 3695 Polk County; additional assistant district attorney 4750 Polk County; superior court; judges; district attorney; supplementary expense allowance 4167

Page XXXIX

Polk County; Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Pulaski County; board of education; consolidation and restatement of law; members; nonpartisan election; qualifications; vacancies; election dates; referendum 4175 Putnam County; Hospital Authority of Putnam County; members; appointment; terms 3998 Putnam County; magistrate court; additional magistrate; appointment; term; compensation 4668 Rabun County; school district; superintendent; appointment; referendum 4555 Rabun County; superior court; clerk; compensation Vetoed HB 759 Richmond County; board of health; conveyance of state property 1184 Richmond County; county officers; compensation 4419 Richmond County; easement across state property 1207 Rockdale County; board of commissioners; personnel rules and regulations 4822 Rockdale County; board of commissioners; records; minutes 4809 Rockdale County; Conyers-Rockdale Amateur Athletics Authority; creation 4236 Rockdale County; superior court; additional judge 276 Screven County; board of commissioners; compensation 3699 Spalding County; Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Spalding County; Griffin-Spalding County Personal Care Health Board; creation 4609 Spalding County; homestead exemption; annual proof of eligibility 4514 Stephens County; magistrate court; chief magistrate; nonpartisan elections 3556 Sumter County; community improvement districts 3592 Sumter County; treasurer; elected office abolished 3588 Tattnall County; easement across state property 1207 Taylor County; board of commissioners; members; chairman; compensation 4485 Tift County; board of commissioners; chairman; compensation; purchasing agent 3636 Troup County; board of elections and registration; abolished 3623 Union County; Coosa Water Authority; boundaries 4155 Union County; Notla Water Authority; boundaries 4158 Walker County; probate court; judge; personnel; compensation 4430 Walker County; superior court; clerk; personnel; compensation 4434 Walker County; tax commissioner; personnel; compensation 4432 Walker County; Walker County Water and Sewer Utility Authority; creation 3796 Walton County; magistrate court; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 Washington County; board of education; reconstitution; members; terms; elections; districts; chairman; qualifications; vacancies; compensation; superintendent; term; appointment; contract; removal; referendum 3759 Washington County; easement across state property 1207 Wayne County; board of education; easement on state property 1277 Webster County; board of commissioners; creation 3559 White County; magistrate court; chief magistrate; nonpartisan nomination and election 3925 Whitfield County; board of education; terms; referendum 3638 Whitfield County; easement on state property for Abutment Road 1250 Whitfield County; magistrate court; magistrate; full-time election 4550 Wilcox County; easement across state property 1207

Page XL

COUNTIES AND COUNTY MATTERS BY POPULATION 19,500 - 19,800, counties of; interment of deceased indigent persons; expense; repeal of provisions 431 100,000 or more; probate courts; clerks 394 150,300 - 165,000, counties of; interment of deceased indigent persons; expense; repeal of provisions 431 500,000 or more; joint use of public safety radio services 389 COUNTY MATTERSHOME RULE AMENDMENTS Chatham County; county police force; oath of office 4812 DeKalb County; DeKalb County Pansion Board; benefit increase 4831 Hall County; civil service system; county personnel director 4818 Rockdale County; board of commissioners; personnel rules and regulations 4822 Rockdale County; board of commissioners; records; minutes 4809 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Acworth; special elections for approval of expenditure of proceeds from sale of water and sewer system 3576 Adairsville; conveyance of state property 1194 Alpharetta; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Athens; Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 Atlanta; chief of staff; executive officers; chief financial officer 4945 Atlanta; community improvement districts; creation 3653 Atlanta; Metropolitan Atlanta Rapid Transit Authority; annual report; filing; public notice; publication 4761 Atlanta; Metropolitan Atlanta Rapid Transit Authority; deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Atlanta; Metropolitan Atlanta Rapid Transit Authority; interest income; operating costs 4755 Atlanta; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Atlanta; reorganization of departments 4906 Atlanta; solid waste disposal facility sites and plans 4804 Atlanta; urban enterprise zones; residential purposes; tax abatement schedule for commercial zones 3642 Austell; homestead exemption; applicability; exceptions; procedures; conditions; referendum 4508

Page XLI

Austell; mayor and council; ineligibility for certain offices; city manager; administrative supervisor; creation; mayor; powers and duties; veto 4498 Austell; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Barnesville; election date 4232 Barnesville; mayor and council; election 3745 Brunswick; charter; restatement 4981 Brunswick; new charter 3911 Buford; corporate limits 4315 Calhoun; Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 Canton; mayor and council; elections; terms; appointed officers; vacancies; clerk; ordinances; tax executions 3825 Carlton; mayor and council; elections; terms; vacancies 3569 Cartersville; mayor and council; compensation 4891 Cave Spring; conveyance of state property 1184 Centerville; corporate limits 4172 Centerville; municipal court; penalties; mayor and councilmembers; ineligibility for certain offices and employment 3928 College Park; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 College Park; wards; election date; referendum 4422 Columbus, Georgia; city-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Commerce; new charter 4042 Conyers; Conyers-Rockdale Amateur Athletics Authority; creation 4236 Comming; Cumming-Forsyth County Unification Commission; creation 3611 Dahlonega; community improvement districts; creation 4649 Douglasville; Douglasville-Douglas County Charter Commission; creation 4297 Douglasville; Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; cost of repairs; liens; collection 4292 Duluth; mayor and councilmembers; election date; terms 4313 East Dublin; administrative and service departments; appointments 4903 East Point; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Eastman; corporate limits 3841 Eastman; easement across state property 1178 Eatonton; corporate limits; zoning recommendations 4552 Edison; easement across state property 1178 Fairburn; homestead exemption; referendum 3581 Fairburn; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Fairburn; property taxes 4969 Fairmount; mayor; veto power; municipal court 3734 Fort Valley; mayor or alderman; qualifications; posts and wards; majority vote; terms of office; mayor pro tempore; utilities commissioner; qualifications 3701 Gainesville; retirement system; benefits 4975 Garden City; mayor and council; election; terms; organizational meeting 3677 Gay; mayor pro tempore; appointment; council; quorum 3728 Glennville; mayor and council; election date; terms; elections 3989

Page XLII

Graham; incorporation 4770 Grayson; City of Grayson Water Authority; creation 4195 Griffin; board of commissioners; taxation; finance; homestead exemption; referendum 4604 Griffin; Griffin-Spalding County Personal Care Health Board; creation 4609 Griffin; Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Hamilton; municipal court; penalties; referendum 3973 Hapeville; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Harlem; mayor and council; election date; terms 4542 Hawkinsville; new charter 4711 Hogansville; school taxes; maximum millage rate; referendum 4427 Holly Springs; mayor and council; elections; terms 3625 Homerville; council; meetings; municipal court 4470 Jesup; district two; polling place 4899 Kennesaw; corporate limits 4081 Kennesaw; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Keysville; new charter 4570 Kingsland; corporate limits 4108 Kingsland; Kingsland Area Convention and Visitors Bureau Authority; creation 4101 Kingsland; manager; duties; powers 4185 LaGrange; Downtown LaGrange Development Authority; property powers; eminent domain 4615 Lilburn; franchises; duration 3740 Loganville; governing authority; organizational meeting; manager; removal 4097 Louisville; new charter 3859 Macon; corporate limits 4336 Macon; finance officer 4959 Macon; Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 Marietta; board of education; vacancies; terms 3992 Marietta; Cobb County-Marietta Water Authority; easement across state property 1246 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Marietta; corporate limits 3814 Marietta; corporate limits 3547 Marietta; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Milledgeville; mayor and aldermen; compensation 4496 Moultrie; ordinance violations; penalties 4100 Mount Zion; corporate limits 3786 Mountain Park; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Newnan; Newnan-Coweta County Airport Authority; members 4476 Newnan; retirement system; definition of employee 4895 Norcross; manager; mayor pro tempore; departments and agencies; capital improvements budget; sale of city property 3680

Page XLIII

Palmetto; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Pine Lake; new charter 3935 Pine Mountain; contracts; taxation of property to be annexed; service districts 4964 Powder Springs; corporate limits; organizational meetings; manager; removal; mayor's veto; department administration; municipal court judges; qualifications; offenses; penalties; clerk; appointment 4558 Powder Springs; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Riverdale; corporate limits 4638 Riverdale; ward boundaries 4956 Rome; Rome-Floyd County Commission on Children and Youth; members 3737 Roswell; corporate limits 3526 Roswell; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Savannah; Employees' Retirement Plan 4839 Savannah; Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 Savannah; City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Savannah; lease of state property 1189 Savannah; mayor and aldermen; residency requirements 3726 Smyrna; corporate limits 4621 Smyrna; homestead exemption; referendum 4693 Smyrna; millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Sparta; new charter 4000 Sparta; Sparta-Hancock Public Facilities Authority; creation 4394 Stockbridge; new charter 4359 Sugar Hill; corporate limits 4696 Sugar Hill; homestead exemption; exception; terms and conditions; procedures; applicability; referendum 4675 Tallapoosa; city manager; tenure; removal 3646 Thomson; conveyance of state property 1273 Toccoa; corporate limits 4270 Tybee Island; mayor and council; elections; terms 3554 Union City; other Fulton County municipalities; school systems; special tax districts; millage rates 3506 Warner Robins; corporate limits 4467 Warner Robins; Warner Robins Building Authority; creation 3511 Warwick; mayor and council; terms; elections 4113 Waycross; Downtown Waycross Development Authority; members; appointment; election; terms; tax collection 3792 Young Harris; corporate limits 4747 MUNICIPALITIES BY POPULATION 6,000 or less; municipal detention facilities; full-time jailers 1009 300,000 or more; contracts; easements 796

Page XLIV

350,000, more than; motor vehicle insurance; self-insurers 302 350,000, not less than; contracts 989 350,000 or more; ad valorem taxes; delinquent payments 303 350,000 or more; ad valorem taxes; review 303 350,000 or more; closing of municipal streets 989 350,000 or more; housing authorities; commissioners 390 350,000 or more; income tax returns 303 350,000 or more; joint use of public safety radio services 389 350,000 or more; meetings 989 350,000 or more; public works projects; eminent domain 307 350,000 or more; revenue and taxation; confidential information 303 350,000 or more; Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition 989 400,000, more than; city business improvement districts; Act repealed 306 400,000 or more; public works projects; eminent domain; Act repealed 307 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; chief of staff; executive officers; chief financial officer 4945 Atlanta; reorganization of departments 4906 Brunswick; charter; restatement 4981 Cartersville; mayor and council; compensation 4891 East Dublin; administrative and service departments; appointments 4903 Fairburn; property taxes 4969 Gainesville; retirement system; benefits 4975 Jesup; district two; polling place 4899 Macon; finance officer 4959 Newnan; retirement system; definition of employee 4895 Pine Mountain; contracts; taxation of property to be annexed; service districts 4964 Riverdale; ward boundaries 4956 Savannah; Employees' Retirement Plan 4839 RESOLUTIONS AUTHORIZING COMPENSATION Conestoga Management, Inc., L. F. Heilman, President 1197 Mr. Cary J. Daniel 1199 Mr. Edmund J. Heartstedt 1177 Mr. Hoyt L. Nelson 1230 Mr. James Thomason 1176 Mr. Keith Stephen Marks 1200 Mr. Marshall D. Coursey 1235 Mrs. Margaret Drew 1171 Ms. Wilma G. Hargus 1198 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS Adairsville; conveyance of state property 1194 Baldwin County Board of Education; conveyance of state property 1273

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Blue Ridge Telephone Company; easement across state property 1189 Brantley County Board of Education; conveyance 1289 Bryan County; easement across state property 1207 Calhoun County; easement across state property 1207 Cave Spring; conveyance of state property 1184 Chatham County; conveyance of state property 1280 Cobb County-Marietta Water Authority; easement across state property 1246 Dooly County; easement across state property 1207 Dougherty County; exchange of county property for state property 1201 Eastman; easement across state property 1178 Edison; easement across state property 1178 Fall Line Hydro Company, Inc.; lease of state property at High Falls and Watson Bridge state parks Vetoed SR 198 Floyd County; easement across state property 1207 Garvis Youngblood; conveyance of state property 1282 Georgia Power Company; exchange of property for state property in Fulton County 1266 Goodwin Enterprises, Inc.; lease of Warm Springs area historical hydrotherapy pool complex Vetoed HR 352 Houston County; easement across state property 1207 Kay Epps; conveyance of state property 1282 Lewis M. Carter Manufacturing Co., Inc.; conveyance of state property in Seminole County 1260 Mitchell County; easement across state property 1207 Oglethorpe Power Corporation; easement 1289 Oglethorpe Power Corporation; easement across state property in Dawson County 1253 Richmond County; easement across state property 1207 Richmond County Board of Health; conveyance of state property 1184 Savannah; lease of state property 1189 Southern Bell Telephone and Telegraph Company; easement across state property in Early County 1257 Southern Bell Telephone and Telegraph Company; easement across state property in Monroe County 1262 Southern Bell Telephone and Telegraph Company; easement across state property in Troup County 1243 Stanley Rinzler; exchange of property in Fulton County 1271 Tattnall County; easement across state property 1207 Thomson; conveyance of state property 1273 Washington County; easement across state property 1207 Wayne County Board of Education; easement on state property in Wayne County 1277 Whitfield County; easement on state property for Abutment Road 1250 Wilcox County; easement across state property 1207 MISCELLANEOUS RESOLUTIONS Andersonville POW Memorial Trail; designated 1005 Elmer A. Dennard Highway; designated 1237 Fayette County; transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170

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J. Carrell Larmore Probation Detention Center; designated 1203 J. Truman Holmes Bridge; designated 1294 J. P. Marshall By-Pass; designated 1241 James Earl Carter, Jr. Tribute Commission; creation 1694 Jimmy Lee Campbell Memorial Highway; designated 1205 John T. McKenzie Bridge; designated 1233 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Joint Worker's Compensation Task Force; creation 1747 Lorenzo Benn Youth Development Center; designated 1206 Lyle Jones Parkway; designated 1296 Raymond G. Davis Medal of Honor Highway; designated 1286 Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Roger E. James Bridge; designated 1294 Samuel Thomas Cofer Building; designated 1236 State Arboretum of Georgia; designated 1287 Steve Polk Plaza; designated 1229 The Zell Miller Mountain Parkway; designated 2026 United States and state flags; disrespectful acts; proposal to amend the United States Constitution 2041 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee; creation 1173 Woody Glenn Highway; designated 1240

Page XLVII

INDEX A ACCOUNTANTS Certified public accountants; educational requirements 371 ACWORTH, CITY OF Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 Special elections for approval of expenditure of proceeds from sale of water and sewer system 3576 AD VALOREM TAXES Appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Assessments; appeals; notices 1110 Conservation use property; residential transitional property; timber 1903 County board of tax asessors; additional duties; appeals 664 County tax digests; rejections; appeals; Ad Valorem Assessment Review Commission repealed; approval of digest 728 Delinquent payments; review; municipal population; 350,000 or more 303 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Payment; check or money order; dishonor; penalty 715 Real estate transfer tax form; filing as a return of property for ad valorem taxes 1110 Tax returns; opening and closing books 6 AD VALOREM ASSESSMENT REVIEW COMMISSION Repealed 728 ADAIRSVILLE, CITY OF Conveyance of state property 1194 ADMINISTRATIVE LAW JUDGE State Board of Workers' Compensation; senior judge; created 405 ADMINISTRATIVE PROCEDURE Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Licensees; hearing; review of information possessed by an agency 1400

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Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 ADOPTION Affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 ADVERTISEMENTS Bus shelters; erected; public roads 1861 Dentistry; listing of all practicing dentists not required 1056 Health care providers Vetoed HB 774 Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting 726 ADVISORY COUNCIL FOR PROBATION IN THE PROBATE AND MAGISTRATE COURTS Creation 1135 AGENCY Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Unauthorized insurers; service of process 1090 AGRICULTURAL COMMODITY COMMISSION FOR PEANUTS Qualification; membership 997 AGRICULTURAL OPERATIONS Defined 1849 AGRICULTURAL PRODUCTS Dealers; definition; bond; exception 1053 Defined 1849 AGRICULTURE Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Agricultural Commodity Commission for Peanuts; qualification; membership 997 Agricultural operations; defined 1849 Agricultural products; dealers; definition; dairy products; bond; exception 1053 Agricultural products; defined 1849 Agriculture; defined 1849

Page XLIX

Bovine diseases and swine mycobacteriosis; practices and procedures; injunctions; bonds 361 Certified public weighers; surety bond requirement repealed; reference removed 323 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Eggs; standards and labeling; regulation of sales 1115 Equine activities; immunity from liability; definitions; exceptions; notice 680 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Leased livestock; purchasers; notice; ownership interest 752 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 Veterinary medicine; practice includes certain dental procedures 375 Weights and measures; Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 See also Animals and Food, Drugs, and Cosmetics AIDS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 AIR CONDITIONERS Conditioned air contractors; licenses; continuing education; registration 1581 AIRPORTS Airport property; acquisition outside of boundaries; prohibited 953 Joint Airport Development Authority Study Committee; creation 1231 ALCOHOLIC BEVERAGES Driving under the influence; alcohol or drug use risk reduction programs; criminal records checks; Department of Corrections 1140 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; habitual violators; forfeiture of motor vehicle 1896 Driving under the influence; period of detention 416 Driving under the influence; school bus drivers; penalties 1140 Open container prohibited while operating a motor vehicle 1587 Wine; Sunday sales by farm wineries in remote tasting rooms and in special entertainment districts 1164 ALPHARETTA, CITY OF Millage rates 3506

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ALTERNATIVE DISPUTE SETTLEMENT PROCEEDINGS Farm Tractor Warranty Act; definitions; manufacturer's duties 419 AMBULANCES Use of word ambulance without license 597 ANABOLIC STEROIDS Controlled substances; Schedule III; dangerous drugs 312 ANDERSONVILLE POW MEMORIAL TRAIL Designated 1005 ANIMALS Bears; hunting; trafficking in bears or bear parts 1157 Bovine diseases and swine mycobacteriosis; practices and procedures; injunctions; bonds 361 Certified public weighers; surety bond requirement repealed; reference removed 323 Equine activities; immunity from liability; definitions; exceptions; notice 680 Ferrets; pets; permits; licenses 1157 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Leased livestock; purchasers; notice; ownership interest 752 Service dogs; use by physically disabled persons; identification 616 Veterinary medicine; practice includes certain dental procedures 375 See also Game and Fish ANTIQUE AUTOMOBILE DEALERS Used Car Dealers' Registration Act; exemption 983 APPEAL AND ERROR Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals; Supreme Court and Court of Appeals 411 Supreme Court; motion for a rehearing changed to motion for reconsideration 430 See also Civil Practice APPROPRIATIONS Department of Labor; supplemental for S.F.Y. 1990-1991 263 S.F.Y. 1991-1992 1944 Supplemental for S.F.Y. 1990-1991 1 Supplemental for S.F.Y. 1990-1991 1936 Supplemental for S.F.Y. 1990-1991 7

Page LI

ARREST Family violence; report; inspection of record 1778 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Restraints on freedom of accused juveniles prior to adjudication 346 See also Criminal Procedure ARSON Criminal possession of an explosive device; definition; penalty 324 ARSON INVESTIGATORS Witness fees 773 ART Fine art; duplication by printers; forms; penalties; civil liability 1161 ASBESTOS Insurance coverage; private sector removers of asbestos 1154 Workers' compensation; filing of claim; time period 1586 ATHENS, CITY OF Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 ATHLETIC TRAINERS Definition; board; residency requirement 750 ATHLETICS Athletic events; tickets; service charge Vetoed HB 480 Athletic injury; definition 750 Georgia State Games Commission; members; terms; compensation; sites 1590 Girls and Women in Sports Day; designation 788 ATLANTA, CITY OF Chief of staff; executive officers; chief financial officer 4945 Community improvement districts; creation 3653 Metropolitan Atlanta Rapid Transit Authority; annual report; filing; public notice; publication 4761 Metropolitan Atlanta Rapid Transit Authority; deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Metropolitan Atlanta Rapid Transit Authority; interest income; operating costs 4755

Page LII

Millage rates 3506 Reorganization of departments 4906 Solid waste disposal facility sites and plans 4804 Urban enterprise zones; residential purposes; tax abatement schedule for commercial zones 3642 ATLANTA JUDICIAL CIRCUIT Chief judge; Act repealed 1009 Superior court; additional judge 278 ATLANTA REGIONAL COMMISSION Transfer of Fayette County ratified 1170 ATTORNEY GENERAL Assistance; overview committees; Aviation Hall of Fame 1773 ATTORNEYS Continuances; staff of General Assembly 376 Continuances on account of military service 404 Georgia Trust Act; revision and reenactment 810 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 AUCTIONEERS Auctioneers education, research, and recovery fund; creation; purposes 801 Georgia Auctioneers Commission; continuing education; reciprocity; fees 799 AUSTELL, CITY OF Homestead exemption; applicability; exceptions; procedures; conditions; referendum 4508 Mayor and council; ineligibility for certain offices; city manager; administrative supervisor; creation; mayor; powers and duties; veto 4498 Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 AUTHORITIES Development; surplus funds; promotion of industry, agriculture, and trade 1044 Georgia Education Authority (University); membership; definition 1577 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished; Georgia Housing and Finance Authority; creation 1653 Georgia Residential Finance Authority; definitions; powers; bonding cap 391

Page LIII

Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Persons representing; registration; Secretary of State; fee exemption 1687 Workers' compensation; group self-insurance funds; county; definition 947 AUTO TRAILERS Annual license fees 434 See also Motor Vehicles and Traffic AUTOMOBILE CLUBS Guaranteed arrest bond certificate; maximum amount 794 AVIATION Airport property; acquisition outside of county or city boundaries; prohibited 953 Georgia Aviation Hall of Fame; board; overview committee; powers and duties; funds 1773 Joint Airport Development Authority Study Committee; creation 1231 B BACON COUNTY Board of commissioners; creation reenacted 4436 BAD CHECKS Check cashers; licensed; surety bond 720 Check cashers; licensing; exemption 784 Check dishonor fee; service charge for bad checks; form of demand 1299 Magistrate; warrant; fee 1753 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Payment of state taxes; dishonor; penalty 715 BAIL Bailable offenses; judicial officer; family violence 1401 Cash bonds; unclaimed; disposition by counties 749 Driver's license; receipt in lieu of bail; validation period 1776 Guaranteed arrest bond certificate; automobile club; maximum amount 794 BAKER COUNTY Tax commissioner; creation 4463 Treasurer; abolishment; depositories; procedures 4460

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BALDWIN COUNTY Board of education; conveyance of state property 1273 BANKING AND FINANCE Bonds; investment of proceeds 338 Business development corporations; loans; terms and conditions 1100 Check cashers; licensed; surety bond 720 Check cashers; licensing; exemption 784 Code revision 94 Credit life and credit accident and sickness insurance; applicability of chapter; loan or credit transactions 1092 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Georgia Housing and Finance Authority; creation; general purpose 1653 Georgia Trust Act; revision and reenactment 810 Long-term care facilities; residents; irrevocable letters of credit 1129 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Water well contractors and trainees; irrevocable letters of credit 963 BANKS COUNTY Coroner; compensation 3795 Magistrate court; law library fees 3923 BARNESVILLE, CITY OF Election date 4232 Mayor and council; election 3745 BARTOW COUNTY Board of education; chairman; annual election 4481 School superintendent; appointment; referendum 4478 BEARS Hunting; trafficking in bears or bear parts 1157 BEN HILL COUNTY Board of commissioners; members; posts; election; terms; chairman; referendum 3753 Board of education; initial members; terms 3549 School superintendent; appointment; term; referendum 3772

Page LV

BENN, LORENZO Lorenzo Benn Youth Development Center; designated 1206 BIBB COUNTY Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 BIDS State; purchasing; sealed; advertisement; liability of official violating law 1380 BILLS Local bills; proof of advertisement; affidavits 747 Local constitutional amendments; repeal; referendum 2031 BINGO Applicants for licenses and operators; fingerprints; photographs 1113 BIOHAZARDOUS WASTE Motor vehicles; transporting; marked with sign or placard 1058 BIRTH CERTIFICATES Vital records; certification and registration 669 BLUE RIDGE JUDICIAL CIRCUIT Additional superior court judge 280 BLUE RIDGE TELEPHONE COMPANY Easement across state property 1189 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA Optional retirement plan 614 BOARD OF TAX ASSESSORS Ad valorem taxes; additional duties; appeals 664 Appraisal staff; members; entrance on property to make appraisal 666 Assessments; appeals; notices 1110 BOARDS OF EDUCATION Employees; sick leave banks or pools 1038 Local; date of monthly meeting; advertisement 726

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BOAT TRAILERS Annual license fees 434 BOATS Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 BOLL WEEVIL Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 BOMBS Criminal possession of an explosive device; definition; penalty 324 BONDS Agricultural products; dealers; definition; dairy products; bond; exception 1053 Bovine diseases; practices and procedures; injunctions; bonds 361 Cash bonds; unclaimed; disposition by counties 749 Check cashers; licensed; surety bond 720 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Liens; suppliers; rental tools, appliances, machinery, and equipment; lien; interim waiver of lien and bond rights; form; exceptions 915 Local governments; investment in securities, investment trusts, or common trust funds 338 Public works contracts; forfeiture; form 777 Revenue bonds; maximum interest rates; principal and interest payments 1103 State Board of Education; local school district; notification; payment 1579 Water well contractors and trainees 963 BOOT CAMPS Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 BOVINE DISEASES Practices and procedures; injunctions; bonds 361 BRANTLEY COUNTY Board of commissioners; chairman; mileage; compensation; meeting date 4457 Board of education; conveyance of state property 1289 BRIBERY Offense defined; public officials and employees 1749

Page LVII

BRUNSWICK, CITY OF Charter; restatement 4981 New charter 3911 BRYAN COUNTY Easement across state property 1207 Probate court; judge; compensation 4116 Sheriff; compensation 4110 BUFORD, CITY OF Corporate limits 4315 BUILDINGS AND HOUSING Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisals 666 Code revision 94 Covenants running with the land; continuation; increase prohibited 334 Elevators, dumbwaiters, escalators, and moving walks; Commissioner of Labor; inspection; fees 258 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished 1653 Georgia Residential Finance Authority; definitions; powers; bonding cap 391 Housing authorities of municipalities of 350,000 or more; commissioners 390 Land surveying; definition 1133 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Restrictive covenants; breach; statute of limitations; set-back lines 665 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 BURIAL GROUNDS Local governing authorities; preservation and protection; permits; penalties 924 BURIALS Deceased indigent persons; interment; county funding 431 BURKE COUNTY Burke County Economic Development Authority; creation 4120 Community improvement districts; creation 4136

Page LVIII

BURKE COUNTY ECONOMIC DEVELOPMENT AUTHORITY Creation 4120 BUSES Shelters; erected; public roads; advertisement 1861 BUSINESS DEVELOPMENT CORPORATIONS Loans; terms and conditions 1100 BUSINESS RECORDS Nonerasable optical image reproduction; evidence; admissibility 787 Required by law; destruction after three years; definitions 1638 BUTTS COUNTY Board of commissioners; publication of receipts and disbursements 3535 Superior court; clerk; compensation 3689 Tax commissioner; compensation 3691 C CALHOUN, CITY OF Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 CALHOUN COUNTY Easement across state property 1207 CALHOUN-GORDON COUNTY AIRPORT AUTHORITY Members; terms of office; quorum 3848 CAMDEN COUNTY Camden County Public Service Authority; powers 4189 CAMDEN COUNTY PUBLIC SERVICE AUTHORITY Powers 4189 CAMPAIGN CONTRIBUTIONS Conflicts of interest; officials 1365

Page LIX

CAMPBELL, JIMMY LEE Jimmy Lee Campbell Memorial Highway; designated 1205 CANDLER COUNTY Magistrate court; chief magistrate; magistrate; appointment 4091 CANTON, CITY OF Mayor and council; elections; terms; appointed officers; vacancies; clerk; ordinances; tax executions 3825 CARDIAC TECHNICIANS Certification 597 CARLTON, CITY OF Mayor and council; elections; terms; vacancies 3569 CARNIVAL RIDE SAFETY ACT Commissioner of Labor; inspection; carnival rides; fees 258 CARROLL COUNTY State court; judge; compensation 4079 CARTER, JAMES EARL JR. James Earl Carter, Jr. Tribute Commission; creation 1694 CARTERSVILLE, CITY OF Mayor and council; compensation 4891 CARY J. DANIEL Compensation 1199 CASH BONDS Guaranteed arrest bond certificates; automobile club; maximum amount 794 Unclaimed; disposition by counties 749 CATOOSA COUNTY Board of elections and registration; members; qualifications; chairman; removal; vacancies 3779 Board of utilities commissioners; election; terms; meetings of consumer members 3783

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Probate court; part-time clerical assistance 3590 CATOOSA COUNTRY BOARD OF UTILITIES COMMISSIONERS Election; terms; meetings of consumer members 3783 CAVE SPRING, CITY OF Conveyance of state property 1184 CEMETERIES Local governing authorities; preservation and protection; permits; penalties 924 CENTERVILLE, CITY OF Corporate limits 4172 Municipal court; penalties; mayor and councilmembers; ineligibility for certain offices and employment 3928 CERTIFICATES OF NEED Health care facilities; acquisition or restructuring; notification; penalties; indigent patients 1419 Health care facility; revocation 328 State health planning; definitions; exemptions; fines 1871 CERTIFIED PUBLIC ACCOUNTANTS Educational requirements 371 CERTIFIED PUBLIC WEIGHERS Surety bond requirement repealed; reference removed 323 CHARITABLE INSTITUTIONS Insurable interest; donor 1123 CHARITABLE ORGANIZATIONS Filing of financial statements 789 CHARITIES Georgia Nonprofit Corporation Code; revision and reenactment 465 CHARLTON COUNTY Tax commissioner; compensation; longevity and cost-of-living increases 4617

Page LXI

CHATHAM COUNTY Board of elections; chairman 3620 Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Conveyance of state property 1280 County police force; oath of office 4812 Eastern Judicial Circuit; superior court; additional judge 288 State court; clerk; term; removal; interim clerk 4489 CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITY Members; quorum; qualifications; technical advisory committee 3571 CHATTAHOOCHEE RIVER Phosphorus; limits for discharged waste water 1042 CHATTOOGA COUNTY Board of commissioners; creation; members; chairman; clerk; referendum 4274 State court; judge; solicitor; compensation 3846 CHECKS Bad; magistrate; warrant; fee 1753 Cashers; licensing; exemption 784 Dishonor fee; service charge on bad checks 1299 Licensed check cashers; surety bond 720 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Payment of state taxes; dishonor; penalty 715 CHEROKEE COUNTY Blue Ridge Judicial Circuit; superior court; additional judge 280 Board of education; members; vacancies; residency; referendum 3627 Board of elections and registration; creation 3830 Cherokee County Water and Sewerage Authority; members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 School district; homestead exemption; referendum 3855 CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY Members; appointment; quorum; qualifications; additional powers and duties; applicability 4670 CHILD ABUSE REPORTS Access; reclassification of child abuse cases 1320

Page LXII

CHILD CARE CENTERS Georgia Child Care Council; creation; composition; director; funding 1648 CHILD CUSTODY State policy on contact between child and parents and grandparents 1389 CHILD SUPPORT Child Support Recovery Act; assistant district attorneys; defintion; appointment; child support recovery 744 Enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 CHILDREN AND YOUTH Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Child abuse reports; access; reclassification of child abuse cases 1320 Child welfare agencies; approval and inspection of family boarding homes, foster family homes, and family day-care homes 408 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Closed circuit television testimony by children who are victims of crime 1377 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Georgia Child Care Council; creation; composition; director; funding 1648 Georgia Trust Act; revision and reenactment 810 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Lorenzo Benn Youth Development Center; designated 1206 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Patients or clients in licensed facility; mentally retarded; free public instructional program 1825 State policy on contact between child and parents and grandparents 1389

Page LXIII

Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Year's support; amount; burden of proof; application 948 CHILDREN AND YOUTH COORDINATING COUNCIL Creation 435 CHILDREN'S TRUST FUND Superior courts; clerks; fees 1324 CHOP SHOP AND STOLEN AND ALTERED PROPERTY ACT Definitions; offenses; forfeiture proceedings; disposition of proceeds; civil actions; certificates of title 1805 CITIZENS BAND RADIO OPERATORS Special license plates; provisions repealed 373 CITY OF DEKALB STUDY COMMISSION Creation Vetoed HB 655 Creation; abolishment 4038 CITY OF GRAYSON WATER AUTHORITY Creation 4195 CIVIL PRACTICE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals; Supreme Court and Court of Appeals 411 Breach of restrictive covenants; statute of limitations; building set-back lines 665 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Computer related crimes; liability; penalties; remedies and damages 1045 Continuances; certain staff of General Assembly 376 Continuances for party or counsel on account of military service 404 Controlled substances; forfeitures; property used in illegal drug transactions 886 Equine activities; immunity from liability; definitions; exceptions; notice 680 Interest on unliquidated damages 1394 Law enforcement officers; witness fees 773 Nonerasable optical image reproduction; evidence; admissibility 787 Personal property; damage or theft; liquidated exemplary damages 1126

Page LXIV

Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Supreme Court; bill of costs 411 Supreme Court; motion for rehearing changed to motion for reconsideration 430 Tanning facilities; liability 1411 Unauthorized insurers; service of process; Commissioner of Insurance 1090 Volunteer transportation services; immunity 1585 Witness; application for continuance 376 See also Evidence and Torts CLARKE COUNTY Athens-Clarke County; state court; judge; continuation; designation of chief judge; compensation; additional judge; clerk; appointment; election; term; compensation 3537 CLAYTON COUNTY Board of commissioners; chairman; compensation 4640 Deputy tax commissioner; compensation 4465 Sheriff; clerk of the superior court; compensation 4643 State court; deputy clerk; compensation; civil service benefits 4547 State court; judges; compensation 4637 State court; solicitor; compensation 4647 Superior court; deputy clerk; compensation; civil service benefits 4545 Tax commissioner; compensation 4645 CLEANERS Liens; laundries, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 CLERK OF THE HOUSE OF REPRESENTATIVES Succession to office 622 CLINICAL LABORATORIES Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Tissue banks; inclusion within definition 349 CLOTHING Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137

Page LXV

COBB COUNTY Board of commissioners; independent consultants and studies; public hearing; notice 4492 Board of commissioners; new landfill; local solid waste disposal plan 4512 Cobb County Commission for Operation Desert Storm Family Assistance; creation 3837 Cobb County Commission on Children and Youth; qualification as tax-exempt; date of abolishment 4517 Cobb County-Marietta Water Authority; easement across state property 1246 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Cobb Year 2000 Commission; creation 4228 Magistrate court; chief magistrate; magistrates; qualifications; selection; term; applicability 3995 Millage rates; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 State court; additional judge 4679 COBB COUNTY COMMISSION FOR OPERATION DESERT STORM FAMILY ASSISTANCE Creation 3837 COBB COUNTY COMMISSION ON CHILDREN AND YOUTH Qualification as tax-exempt; date of abolishment 4517 COBB COUNTY-MARIETTA WATER AUTHORITY Easement across state property 1246 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY Members; appointment; terms; vacancies 3531 COBB YEAR 2000 COMMISSION Creation 4228 COFER, SAMUEL THOMAS Building designated 1236 COLLEGE PARK, CITY OF Millage rates 3506 Wards; election date; referendum 4422

Page LXVI

COLUMBIA COUNTY Board of education; superintendent; appointment; contracts; vacancies; referendum 3986 COLUMBUS, GEORGIA City-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 COMMERCE, CITY OF New charter 4042 COMMERCE AND TRADE Agricultural products; dealers; definition; dairy products; bond; exception 1053 Agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; defined 1849 Business records required by law; destruction after three years; definitions 1638 Certified public weighers; surety bond requirement repealed; reference removed 323 Check cashers; licensing; exemption 784 Code revision 94 Conservation use property; residential transitional property; timber; ad valorem taxes 1903 Contact lenses; sale by unlicensed persons prohibited 1003 Deed or instrument under seal creating an agency relationship shall be binding on principal 410 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Fair Business Practices Act of 1975; cease and desist order; telephone service carriers; billings; liability; 900 or 976 numbers 1346 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Fine art; duplication by printers; forms; penalties; civil liability 1161 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Geo. L. Smith II Georgia World Congress Center Authority; additional members; terms 1686 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Health care corporations; formation; board of directors; members 724 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915

Page LXVII

Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Motor Vehicle Warranty Rights Act; applicability of law 604 Motor vehicles; dealers; warranties; distributors; remedies 797 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Revolving accounts; delinquency charges; limits 913 Tanning facilities; definitions; warning signs; equipment and maintenance requirement; protective gear; records; civil actions; variances 1411 The Retail Installment and Home Solicitation Sales Act; check dishonor fee 1299 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Weights and measures; Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 COMMERCIAL CODE Code revision 94 Trusts 810 COMMERCIAL DRIVER'S LICENSES Law; applicability; issuance of license; disqualification from driving commercial vehicle; timber products vehicles; military vehicles 618 COMMERCIAL FISHING Licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 COMMERCIAL MOTOR VEHICLE School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 COMMERCIAL VEHICLES Bus shelters; erected; public roads; advertisement 1861 COMMISSION ON CHILDREN AND YOUTH Merger into the Children and Youth Coordinating Council 435

Page LXVIII

COMMISSIONER OF HUMAN RESOURCES Georgia Child Care Council; member 1648 COMMISSIONER OF INDUSTRY, TRADE, AND TOURISM Georgia Child Care Council; member 1648 COMMISSIONER OF INSURANCE Financial regulatory capabilities and authority 1424 Model basic health insurance plan; development; promotion of use 1606 Multiple employer self-insured health plans; regulation 1021 Small group insurance; rating; exemption 1358 Unauthorized insurers; service of process 1090 See also Insurance COMMISSIONER OF LABOR Boilers or pressure vessels; inspection; fees; carnival rides; inspection; fees 258 Georgia Child Care Council; member 1648 See also Labor and Industrial Relations COMMITTEES James Earl Carter, Jr. Tribute Commission; creation 1694 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Joint Workers' Compensation Task Force; creation 1747 Legislative Services Committee; membership 5 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee; creation 1173 COMPUTER RELATED CRIMES Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 COMPUTERS Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 CONDEMNATION Airport property; acquisition outside of municipal or county boundaries; prohibited 953 CONDITIONED AIR CONTRACTORS Licenses; continuing education; registration 1581

Page LXIX

CONESTOGA MANAGEMENT, INC., L. F. HEILMAN, PRESIDENT Compensation 1197 CONGRESS OF THE UNITED STATES Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 CONSERVATION AND NATURAL RESOURCES Code revision 94 Combined sewer overflows; plans to eliminate or treat overflow 1386 Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Conservation use property; residential transitional property; timber; ad valorem taxes 1903 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Environmental Policy Act; definitions; purposes 1728 Environmental Protection Division; director; Environmental Advisory Council; creation; members; terms; duties 1738 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Lake Lanier Islands Development Authority; additional members; terms 1692 Motor vehicles; transporting biohazardous substances; marked with sign or placard 1058 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Mr. Hoyt L. Nelson; compensation 1230 Mr. Marshall D. Coursey; compensation 1235 Oil or hazardous substance spills or releases; definitions; reporting 1371 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Phosphorus; limits for discharged waste water; Chattahoochee River 1042 Radiation sterilization services; bond 1411 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Samuel Thomas Cofer Building; designated 1236 Shellfish regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 Solid waste handling facilities; permits; modifications; classifications; conditions and requirements 462 State Water Well Standards Advisory Council; termination date 432

Page LXX

Stone Mountain Memorial Association; additional members; terms 1690 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Underground storage tanks; environmental assurance fees; limit of charges 1421 Water and wastewater treatment plant operators and laboratory analysts; definitions; certification; reciprocity 954 Water Resource Conservation Management Study Committee; creation 1238 Water well contractors and trainees; license; bonds; irrevocable letters of credit 963 Wetlands Conservation Study Committee 1173 CONSERVATION USE PROPERTY Ad valorem taxation; appraisal, valuation, and assessment 1903 CONSTABLES Magistrate courts; marshals; employment to perform duties of constables 1155 CONSTITUTION OF THE STATE OF GEORGIA Election of local boards of education and appointment of local school superintendents 2032 Local constitutional amendments; repeal by local Act with referendum 2031 Polling places; summaries; constitutional amendments 999 CONSTITUTION OF THE UNITED STATES Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 CONSUMERS' UTILITY COUNSEL Performance and management audits; assistants and experts; repeal date 1707 CONTACT LENSES Sale by unlicensed persons prohibited 1003 CONTRACTS Business records; destruction after three years 1638 Certain owner-operators of equipment deemed independent contractors 1850 Check cashers; licensing; exemption 784 Code revision 94 Conditioned air contractors; licenses; continuing education; registration 1581

Page LXXI

Credit life and credit accident and sickness insurance; applicability of law; loan or credit transactions 1092 Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Georgia Building Authority; real property; railroad operations 970 Georgia State Games Commission; members; terms; compensation; sites 1590 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Motor vehicles; dealers; warranties; distributors; remedies 797 Municipal corporations; population greater than 300,000; contracts; easements 796 Municipal corporations; population of not less than 350,000 989 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Public works; bonds or security; forfeiture; form; affiliated corporations; approval 777 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Revolving accounts; delinquency charges; limits 913 Service charge for bad checks; form of demand 1299 State; sealed bids; advertisement; liability of official violating law 1380 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 Tickets; athletic events; service charge Vetoed HB 480 CONTROLLED SUBSTANCES Anabolic steroids; Schedule III; dangerous drugs 312 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 CONYERS, CITY OF Conyers-Rockdale Amateur Athletic Authority; creation 4236 CONYERS-ROCKDALE AMATEUR ATHLETIC AUTHORITY Creation 4236 COOSA WATER AUTHORITY Boundaries 4155

Page LXXII

CORONERS Inquest; law enforcement officers; witness fees 773 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Business development corporations; loans; terms and conditions 1100 Business records; destruction after three years 1638 Charitable organizations; filing of financial statements 789 Check cashers; licensing; exemption 784 Commissioner of Insurance; financial regulatory capabilities and authority 1424 Equine activities; immunity from liability; definitions; exceptions; notice 680 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Nonprofit Corporation Code; revision and reenactment 465 Georgia Trust Act; revision and reenactment 810 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Health care corporations; formation; board of directors; members 724 Income taxes; time of payment 368 Insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1363 Nonerasable optical image reproduction; evidence; admissibility 787 Private detectives and private security businesses; licenses; qualifications; suspensions; exceptions 1027 Public works contracts; forfeiture; form 777 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 Revised Uniform Limited Partnership Act; partners; indemnification 1011 CORRECTIONAL OFFICERS Witness fees 773 CORRECTIONS Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 COTTON Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 COUNCIL OF JUVENILE COURT JUDGES Membership 627 COUNTIES Abuse of governmental office; definition; bribery; public officials and employees 1749 Ad valorem taxes; conservation use property; residential transitional property; timber 1903

Page LXXIII

Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Boards of education; chairman; term set by local board policy 406 Cash bonds; unclaimed; disposition by counties 749 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Deceased indigent persons; interment; county funding 431 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Magistrate courts; marshals; employment to perform duties of constables 1155 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Ordinances; unincorporated areas of counties; fines 993 Personal property; custody; law enforcement agencies; return or disposition 944 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; forfeiture; form 777

Page LXXIV

Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Superior courts; clerks; fees; county law library 1324 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Treasurer; vital records; certification; birth and death certificates; disposition of dead body or fetus; listings of death 669 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Workers' compensation; group self-insurance funds; county; definition 947 COUNTRIES Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 COURSEY, MR. MARSHALL D. Compensation 1235 COURT OF APPEALS Appeals; actions for damages in which judgment is $10,000.00 or less 412 Bill of costs; appeals 411 Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 COURTS Abuse of governmental office; definition; bribery; public officials and employees 1749 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Appeals; actions for damages in which judgment is $10,000.00 or less 412 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Civil actions; continuances; staff of General Assembly 376

Page LXXV

Civil actions; continuances for party or counsel on account of military service 404 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 Continuances; certain staff of General Assembly 376 Continuances; military service 404 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Court of Appeals; bill of costs 411 Covenants running with the land; continuation; increase prohibited 334 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 District attorneys and solicitors; military service; eligibility for reelection; fines 135 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Georgia Trust Act; revision and reenactment 810 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Homicide; one year and a day rule; eliminated 719 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; child abuse reports; access; reclassification of child abuse cases 1320 Juvenile courts; Council of Juvenile Court Judges; membership of associate judges; power of associate judges to perform marriage ceremony 627 Juvenile courts; probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Juvenile courts; termination of parental rights; transmittal of final orders to Department of Human Resources 602 Local governments; reimbursement; defense; criminal acts 1821 Magistrate courts; clerks; dispossessory proceedings; summons 968 Magistrate courts; marshals; employment to perform duties of constables 1155 Magistrate courts; probation services; contracts 1135 Magistrate courts; warrant; bad checks; fee 1753

Page LXXVI

Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Orders not to resuscitate; jurisdiction 1853 Personal property; custody; law enforcement agencies; return or disposition 944 Probate court; clerks; counties of 100,000 or more 394 Probate courts; clerks; dockets; court costs 1753 Probate courts; probation services; contracts 1135 Probation; community service programs; use for private gain 1302 Probation; shortening by sentencing court; notice and hearing 310 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Records not open to public inspection 1943 Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State courts; General Assembly; members; oath of office; judges 746 State courts; solicitors; military service; eligibility for reelection; fines 135 Superior court; judges; election cases; powers, duties, and procedures 608 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Superior courts; Atlanta Judicial Circuit; additional judge 278 Superior courts; Blue Ridge Judicial Circuit; additional judge 280 Superior courts; clerk; chief deputy clerk; interim service as clerk; limitation 364 Superior courts; clerks; fees; Children's Trust Fund 1324 Superior courts; clerks; materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Superior courts; district attorneys; military service; eligibility for reelection; fines 135 Superior courts; Eastern Judicial Circuit; additional judge 288 Superior courts; Gwinnett Judicial Circuit; additional judge 280 Superior courts; Rockdale Judicial Circuit; additional judge 276 Superior courts; state revenue commissioner; appeals; surety bond 716 Supreme Court; bill of costs 411 Supreme Court; Justices; Court of Appeals; Judges; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Supreme Court; motion for a rehearing changed to motion for reconsideration 430 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 Work release program; county inmates; definitions; assignments; revocation; eligibility; costs 1352 COVENANTS RUNNING WITH THE LAND Continuation; increase prohibited 334

Page LXXVII

COWETA COUNTY Board of commissioners; additional member; duties; term; compensation 4417 Newnan-Coweta County Airport Authority; members 4476 CRANE GAME MACHINES Gambling prohibitions not applicable 1398 CREDIT ACCIDENT AND SICKNESS INSURANCE Applicability of law 1092 CREDIT CARDS Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Revolving accounts; delinquency charges; limits 913 CREDIT LIFE INSURANCE Applicability of law 1092 CRIMES AND OFFENSES Abuse of governmental office; definition; bribery; public officials and employees 1749 Aggravated assault; public transit vehicles or stations; penalties 971 Aggravated battery; public transit vehicles or stations; penalties 971 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Arrest; family violence; report; inspection of record 1778 Assault; public transit vehicles or stations; penalties 971 Bailable offenses; judicial officer; family violence 1401 Battery; public transit vehicles or stations; penalties 971 Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Bribery; defined; public officials and employees 1749 Cash bonds; unclaimed; disposition by counties 749 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Criminal possession of an explosive device; definition; penalty 324 Detention facility; full-time jailers; municipalities of 6,000 or less 1009 Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886

Page LXXVIII

Driving under the influence; habitual violators; forfeiture of motor vehicle; procedures; sale of forfeited vehicle 1896 Driving under the influence; school bus drivers; penalties 1140 Driving under the influence; violators; period of detention 416 Escape; use of deadly force to prevent; peace officers; agencies 624 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Fine art; duplication by printers; forms; penalties; civil liability 1161 Gambling prohibitions; not applicable to certain games or devices; crane game machines 1398 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Homicide; one year and a day rule; eliminated 719 Insurance fraud; felony offense; fraudulent insurance act 1608 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 License plates; county designation required 1145 License plates resembling official license plates; prohibited on rear of vehicle; penalty 779 Local governments; reimbursement; defense; criminal acts 1821 Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 Motor Vehicle Chop Shop and Stolen and Altered Property Act; offenses; forfeiture proceedings; disposition of proceeds; certificates of title; civil actions 1805 Motor vehicle stereos; prohibit certain volume 417 Obstruction or hinderance of firefighters 755 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Personal property; custody; law enforcement agencies; return or disposition 944 Personal property; damage or theft; liquidated exemplary damages 1126 Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 Professional Practices Commission; school system educators; reportable offenses 620 Public indecency; certain acts; felony offense 966 Public transit vehicle or station; crimes against the person; penalties 971 Sexual assault; probationer or parolee 1108 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166

Page LXXIX

Simple assault; public transit vehicles or stations; penalties 971 Simple battery; public transit vehicles or stations; penalties 971 State; sealed bids; advertisement; liability of official violating law 1380 State lottery; pari-mutuel betting; casino gambling; proposed constitutional amendment 2035 Stolen vehicles and license plates; reporting; Georgia Crime Information Center 723 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 Work release program; county inmates; definitions; assignments; revocation; eligibility; costs 1352 CRIMINAL PROCEDURE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Arrest; guaranteed arrest bond certificate; automobile club; maximum amount 794 Arrest; restraints on freedom of accused juveniles prior to adjudication 346 Bailable offenses; judicial officer; family violence 1401 Cash bonds; unclaimed; disposition by counties 749 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Driver's license; receipt in lieu of bail; validation period 1776 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; period of detention 416 Escape; use of deadly force to prevent; peace officers; agencies 624 Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Law enforcement officers; witness fees 773 Personal property; custody; law enforcement agencies; return or disposition 944 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 Probation; shortening by sentencing court; notice and hearing 310 Sexual assault; probationer or parolee 1108 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page LXXX

CROPS Defined 1849 CUMMING, CITY OF Cumming-Forsyth County Unification Commission; creation 3611 CUMMING-FORSYTH COUNTY UNIFICATION COMMISSION Creation 3611 D DADE COUNTY Board of commissioners; creation; county manager; clerk; referendum 3893 Dade County Water and Sewer Authority; members; appointment; vacancies 3843 DADE COUNTY WATER AND SEWER AUTHORITY Members; appointment; vacancies 3843 DAHLONEGA, CITY OF Community improvement districts; creation 4649 DAIRY PRODUCTS Agricultural products; dealers; definition; bond; exception 1053 DAMAGES Computer related crimes; liability 1045 Interest on unliquidated damages 1394 Personal property; damage or theft; liquidated exemplary damages 1126 DANGEROUS DRUGS Anabolic steroids 312 DANIEL, MR. CARY J. Compensation 1199 DAVIS, RAYMOND G. Raymond G. Davis Medal of Honor Highway; designated 1286

Page LXXXI

DAWSON COUNTY Sheriff; compensation 3817 DAY-CARE CENTERS Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Georgia Child Care Council; creation; composition; director; funding 1648 DEAD BODIES Deceased indigent persons; interment; county funding 431 DEATH CERTIFICATES Vital records; certification; disposition of dead body or fetus; listings of death 669 DEBTOR AND CREDITOR Cash bonds; unclaimed; disposition by counties 749 Code revision 94 Credit life and credit accident and sickness insurance; applicability of law; loan or credit transactions 1092 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 Garnishment; civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Garnishment; delinquent state taxes 713 Interest on unliquidated damages 1394 Leased livestock; purchasers; notice; ownership interest 752 Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Life insurance; proceeds or payments; computation of interest; rates 1055 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Revolving accounts; delinquency charges; limits 913 State Board of Education; local school district; bonded indebtedness; notification; payment 1579 DECATUR COUNTY State court; judge; compensation 3730 Tax commissioner; compensation 3579 DEEDS To secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413

Page LXXXII

Transfer tax; exemption 965 Under seal pursuant to an agency created by an act no under seal; binding on principal 410 DEGREES Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 DEKALB, CITY OF City of DeKalb Study Commission; creation Vetoed HB 655 DEKALB COUNTY Chief executive officer; compensation; expense allowance 4334 City of DeKalb Study Commission; creation; abolishment 4038 DeKalb County Community Relations Commission; members; term limitation 4192 DeKalb County Pension Board; benefit increase 4831 Millage rates; county and school district taxes; tax commissioner; certification date 4318 Recorder's court; penalties 3732 Special services tax districts; exemptions for municipalities; fiscal note 4320 State court; fees 4323 DEKALB COUNTY COMMUNITY RELATIONS COMMISSION Members; term limitation 4192 DENNARD, ELMER A. Elmer A. Dennard Highway; designated 1237 DENTAL PROCEDURES Dentures; marking; notification of dentists 600 Veterinary medicine; definition 375 DENTISTS AND DENTAL HYGIENISTS Continuing education programs 350 Dental hygienists; temporary licenses 352 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentures; marking; notification of dentists 600 Practice of dentistry; definition 450 DENTURES Marking; notification of dentists 600

Page LXXXIII

DEPARTMENT OF ADMINISTRATIVE SERVICES Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State purchasing; procedures; revise reference to Employment Security Law 139 State purchasing; recycled paper products; funds 606 State purchasing; sealed bids; advertisement; liability of official violating law 1380 DEPARTMENT OF AUDITS AND ACCOUNTS Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 DEPARTMENT OF COMMUNITY AFFAIRS Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 DEPARTMENT OF CORRECTIONS Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Mr. James Thomason; compensation 1176 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 See also Penal Institutions DEPARTMENT OF HUMAN RESOURCES Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Assistant district attorneys; definition; appointment; child support recovery 744 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentially; income deduction 950 Commissioner; Georgia Child Care Council; member 1648 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Drug abuse education programs; standards; admission; pregnant females; priority 977 Health care facility; revocation of certificate of need 328 Joint Study Committee on Children and Youth; creation 2025 Juvenile court probation and intake services transferred to the department 1823 Nursing homes; lists of deficient nursing homes; notices 1603 Personal Assistance Program for Persons with Disabilities Act; Division of Rehabilitation Services; personal attendant care 399

Page LXXXIV

Records; access 1059 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Violations by agencies under the department; investigations and examinations 341 See also Health; Mental Health; and Social Services DEPARTMENT OF INDUSTRY, TRADE, AND TOURISM Commissioner; Georgia Child Care Council; member 1648 Mrs. Margaret Drew; compensation 1171 Welcome centers; state funding Vetoed SB 357 DEPARTMENT OF LABOR Appropriations; supplemental for S.F.Y. 1991-1991 263 Boilers or pressure vessels; Commissioner; inspection; fees; carnival rides; inspection; fees 258 Commissioner; Georgia Child Care Council; member 1648 Hazardous chemicals; concentration levels; authority 1304 DEPARTMENT OF MEDICAL ASSISTANCE Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Indigent Care Trust Fund; contributions 388 DEPARTMENT OF NATURAL RESOURCES Combined sewer overflows; owners and operators; plans to eliminate overflow 1386 Employees' Retirement System of Georgia; employer contribution rates 358 Environmental Policy Act; definitions; purposes 1728 Environmental Protection Division; director; Environmental Advisory Council; creation; members; terms; duties 1738 Excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Hazardous Waste Management Act; definitions 456 Georgia State Games Commission; members; terms; compensation; sites 1590 Mountains and river corridors; protection; duties 1719 Mr. Hoyt L. Nelson; compensation 1230 Mr. Marshall D. Coursey; compensation 1235 Oil or hazardous substance spills or releases; definitions; reporting 1371 Radiation sterilization services; bond 1411 Samuel Thomas Cofer Building; designated 1236 Solid waste handling facilities; permits; modifications; classifications; conditions and requirements 462 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Underground storage tanks; environmental assurance fees; limit of charges 1421

Page LXXXV

Volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 DEPARTMENT OF PUBLIC SAFETY Accident reports; fee 309 Drivers' licenses; suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 Employees' Retirement System of Georgia; employer contribution rates 358 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Records; access for commercial purposes 1870 Uniform Division; educational requirements; State Patrol Disciplinary Board; composition 1375 DEPARTMENT OF REVENUE Commissioner; appeals; surety bond 716 Employees' Retirement System of Georgia; employer contribution rates 358 DEPARTMENT OF TECHNICAL AND ADULT EDUCATION Employee contributions to fund for technical and adult education; payroll deductions 1800 State board; policy; reduction in force 691 DEPARTMENT OF TRANSPORTATION Conestoga Management, Inc., L. F. Heilman, President; compensation 1197 Mr. Cary J. Daniel; compensation 1199 Mr. Edmund J. Heartstedt; compensation 1177 Mr. Keith Stephen Marks; compensation 1200 Ms. Wilma G. Hargus; compensation 1198 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 DESCENT AND DISTRIBUTION Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Year's support; amount; burden of proof; application 948 DEVELOPMENT AUTHORITIES Surplus funds; promotion of industry, agriculture, and trade 1044

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DIPLOMAS Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 DISPOSSESSORY PROCEEDINGS Magistrate court; clerks; issuance of summons 968 DISTRICT ATTORNEYS Assistants; definition; appointment; child support recovery 744 Military service; eligibility for reelection; fines 135 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 DIVINITY SCHOOLS Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 DIVORCE Assistant district attorneys; definition; appointment; child support recovery 744 Child support; enforcement by Department of Human Resource; service of process; paternity test; records; confidentiality; income deduction 950 State policy on contact between child and parents and grandparents 1389 DOCUMENTS Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Filing under Georgia Administrative Procedure Act 1301 Nonerasable optical image reproduction; evidence; admissibility 787 DOGS Physically disabled persons; use of service dogs; identification 616 DOMESTIC RELATIONS Adoption; affidavits and petitions; surrender; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Arrest; family violence; report; inspection of record 1778 Assistant district attorneys; definition; appointment; child support recovery 744 Bailable offenses; judicial officer; family violence 1401 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950

Page LXXXVII

Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Code revision 94 Georgia Trust Act; revision and reenactment 810 Joint Study Committee on Children and Youth; creation 2025 Marriage; authority of associate juvenile court judges to perform marriage ceremonies 627 State policy on contact between child and parents and grandparents 1389 Superior courts; clerks; fees; certificates of change of names 1324 Superior courts; clerks; fees; Children's Trust Fund 1324 Superior courts; clerks; fees; decrees of adoption 1324 Superior courts; clerks; fees; Uniform Enforcement of Foreign Judgments Law 1324 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 Year's support; amount; burden of proof; application 948 DOOLY COUNTY Easement across state property 1207 DOUGHERTY COUNTY Exchange of county property for state property 1201 Probate court; judge; compensation 3812 DOUGLAS COUNTY Board of commissioners; vacancies; applicability 3501 Community improvement districts 3709 Douglasville-Douglas County Charter Commission; creation 4297 Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; liens; collection 4292 Hospital Authority of Douglas County; members; vacancies 3933 DOUGLASVILLE, CITY OF Douglasville-Douglas County Charter Commission; creation 4297 Douglasville-Douglas County Water and Sewer Authority; on-site sewage disposal systems; inspections; repairs; liens; collection 4292 DOUGLASVILLE-DOUGLAS COUNTY CHARTER COMMISSION Creation 4297 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY On-site sewage disposal systems; inspections; repairs; liens; collection 4292 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY Property powers; eminent domain 4615

Page LXXXVIII

DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY Members; appointment; election; terms; tax collection 3792 DREW, MRS. MARGARET Compensation 1171 DRIVER'S LICENSES Operators and instructors of DUI alcohol or drug use risk reduction programs; criminal records checks 1140 Receipt in lieu of bail; validation period 1776 Resident; definition 327 Restricted learners' permits for 14 year-olds with visually impaired parents 321 Suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 DRIVING UNDER THE INFLUENCE Alcohol or drug use risk reduction programs; criminal records checks; Department of Corrections 1140 Assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Habitual violators; forfeiture of motor vehicle; procedures; sale of forfeited vehicle 1896 Period of detention 416 School bus drivers; penalties 1140 DRUGS Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Drug abuse education programs; standards; admission; pregnant females; priority 977 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Marijuana; suspension of drivers' licenses 1767 DRY CLEANERS Liens; laundries, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 DULUTH, CITY OF Mayor and councilmembers; election date; terms 4313 DUMBWAITERS Commissioner of Labor; inspection; fees 258

Page LXXXIX

DUTY-FREE LUNCH PERIODS Teachers; compensation 1630 DYERS Liens; laundries, cleaners, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 E EASEMENTS Municipal corporations; population greater than 300,000; contracts 796 EAST DUBLIN, CITY OF Administrative and service departments; appointments 4903 EAST POINT, CITY OF Millage rates 3506 EASTERN JUDICIAL CIRCUIT Additional superior court judge 288 EASTMAN, CITY OF Corporate limits 3841 Easement across state property 1178 EATONTON, CITY OF Corporate limits; zoning recommendations 4552 EAVESDROPPING Persons; exemptions 1040 EDISON, CITY OF Easement across state property 1178 EDMUND J. HEARTSTEDT Compensation 1177 EDUCATION Board of Regenta of the University System of Georgia; optional retirement plan 614

Page XC

Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Code revision 94 County and regional libraries; boards of trustees; members 982 County boards of education; chairman; term set by local board policy 406 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Driving under the influence; school bus drivers; penalties 1140 Drug abuse education programs; standards; admission; pregnant females; priority 977 Election of local boards of education and appointment of local school superintendents 2032 Equalized adjusted school property tax digest 1903 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Georgia Department of Education; certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Georgia Education Authority (University); definition; membership 1577 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Home arrest programs; educational programs 1348 Income taxes; credits; employers providing basic skills education to employees 1709 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Local boards of education; date of monthly meeting; advertisement 726 Local boards of education; employees; sick leave banks or pools 1038 Local fair share funds 1903 Motor vehicle insurance; premium discounts; honor students 1830 Nonpublic medical schools; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 Professional Practices Commission; school system educators; reportable offenses 620 Quality Basic Education Act; instruments, procedures, and policies to assess effectiveness of programs; types of assessments 1543 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 State Arboretum of Georgia; designation 1287 State Board of Education; delegation of certain powers to State School Superintendent; duty-free lunch periods; pilot projects; evaluations 1630 State Board of Education; local school district; bonded indebtedness; notification; payment 1579

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State Board of Technical and Adult Education; policy; reduction in force 691 State lottery; proposed constitutional amendment 2035 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 Teachers; duty-free lunch periods; compensation 1630 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Testing 1543 Work release programs; educational programs 1352 Workers' compensation; group self-insurance fund; municipal independent school systems 369 EFFINGHAM COUNTY State court; judge; solicitor; compensation 3648 EGGS Standards and labeling; regulation of sales 1115 ELECTIONS Agricultural Commodity Commission for Peanuts; qualification; membership 997 Campaign contributions; conflicts of interest; officials 1365 Code revision 133 Contests; jurisdiction, venue, and procedures of superior courts 608 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Handicapped electors; modification of voting booths; sufficient accommodations for privacy 599 Municipal; filing; notice of candidacy; time period 632 Polling places; summaries; constitutional amendments 999 Recall; petitions; review 608 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Special elections and municipal special elections; uniform dates; exceptions 316 State Election Board; compelling compliance with election laws, rules, and regulations; judge; election cases; powers, duties, and procedures; recall petitions 608 Tax officials; vacancy in office; special election; procedures 365 Write-in candidates; designation of office sought 631 ELECTRIC UTILITIES Integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 ELECTRONIC FORMAT DATA GeorgiaNet Authority; transmit and receive 425

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ELEVATORS Commissioner of Labor; inspection; fees 258 ELMER A. DENNARD HIGHWAY Designated 1237 EMERGENCY MANAGEMENT, CIVIL DEFENSE, OR RESCUE ORGANIZATIONS Emergency Management Rescue Specialists; killed or disabled; indemnification; definition 1312 Local organization for emergency management; local governments; establishment; local directors; funding; local disaster relief 654 Workers' compensation; volunteers; certain persons covered 677 EMERGENCY MEDICAL SERVICES Workers' compensation; volunteers; certain persons covered 677 EMERGENCY TELEPHONE NUMBER 911 SERVICE Public safety answering point; definition; billing in advance of service 93 EMERGENCY VEHICLES Flashing or revolving green lights 1145 EMINENT DOMAIN Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Airport property; acquisition outside of boundaries; prohibited 953 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Board of trustees; membership 274 Employer contribution rates; Department of Public Safety; Department of Natural Resources; Department of Revenue 358 Employer contributions on behalf of members in the armed forces; pension accumulation fund 1297 Supreme Court Justices; Court of Appeals Judges; mandatory retirement; exceptions Vetoed SB 153 EMPLOYMENT SECURITY LAW Revision and redesignation of provisions; benefits; unemployment compensation; employer layoffs; claims; cross-references 139

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ENTOMOLOGY State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 ENVIRONMENTAL ADVISORY COUNCIL Creation; members; terms; duties 1738 ENVIRONMENTAL POLICY ACT Definitions; purposes 1728 ENVIRONMENTAL PROTECTION DIVISION Director; Environmental Advisory Council; creation; members; terms; duties 1738 Environmental Policy Act; definitions; purposes 1728 Georgia Air Quality Act of 1978; permits; fees; penalties 1735 Georgia Hazardous Waste Management Act; definitions 456 Oil or hazardous substance spills or releases; definitions; reporting 1371 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 Underground storage tanks; environmental assurance fees; limit of charges 1421 EPPS, KAY Conveyance of state property 1282 EQUINE ACTIVITIES Immunity from liability; definitions; exceptions; notice 680 EQUITY Restrictive covenants; breach; statute of limitations; building set-back lines 665 ESCALATORS Commissioner of Labor; inspection; fees 258 ESCAPE Use of deadly force to prevent; peace officers; agencies 624 ETIOLOGIC AGENT Motor vehicles; transporting; marked with sign or placard 1058

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EVIDENCE AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Business records; destruction after three years 1638 Closed circuit television testimony by children who are victims of crime 1377 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Eminent domain; special master proceedings; evidence and testimony admitted 332 Law enforcement officers; witness fees 773 Nonerasable optical image reproduction; admissibility 787 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Personal property; custody; law enforcement agencies; return or disposition 944 Year's support; amount; burden of proof; application 948 EXCISE TAXES Rooms, lodgings, and accommodations; requirements; limitations 292 EXECUTORS Lack of; letters of administration 394 EXPLOSIVES Criminal possession of an explosive device; definition; penalty 324 EYE BANKS Department of Human Resources; violations by agencies under the department; investigations and examinations 341 F FAIR BUSINESS PRACTICES ACT OF 1975 Cease and desist order; telephone service carriers; billings; liability; 900 or 976 numbers 1346 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 FAIRBURN, CITY OF Homestead exemption; referendum 3581 Millage rates 3506 Property taxes 4969

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FAIRMOUNT, CITY OF Mayor; veto power; municipal court 3734 FALL LINE HYDRO COMPANY, INC. Lease of state property at High Falls and Watson Bridge state parks Vetoed SR 198 FAMILY VIOLENCE Arrest; reports; inspection of records 1778 Bailable offenses; judicial officer 1401 FARM PRODUCTS Defined 1849 FARM TRACTOR WARRANTY ACT Definitions; manufacturer's duties; alternative dispute settlement proceedings 419 FARM VEHICLES Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 FARM WINERIES Sunday sales of wine by farm wineries 1164 FAYETTE COUNTY Transfer from McIntosh Trail Regional Development Center to the Atlanta Regional Commission ratified 1170 FEES Magistrate courts; warrant; bad checks 1753 Sheriffs; civil and criminal cases; effect on local or special laws 1166 FERRETS Pets; permits; licenses 1157 FETICIDE Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109

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FINE ART Duplication by printers; forms; penalties; civil liability 1161 FINGERPRINTING Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 FIRE PROTECTION AND SAFETY Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Fire department; member; witness fees 773 Fire sprinklers; installation; certain persons; licenses 1317 Fire suppression systems; regulations; inspection; definitions; permits; fees; penalties 933 Georgia Firemen's Pension Fund; membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 Obstruction or hinderance of firefighters 755 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Workers' compensation; volunteers; certain persons covered 677 FIRE PROTECTION SPRINKLER CONTRACTOR Fire sprinkler; installation 1317 FIRE SPRINKLERS Installation; certain persons; licenses 1317 FIREMEN Indemnification; applications; time for filing 771 Witness fees 773 FISHING See Game and Fish FLAGS Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041

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FLOYD COUNTY Easement across state property 1207 Rome-Floyd County Commission on Children and Youth; members 3737 FOOD, DRUGS, AND COSMETICS Code revision 94 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Drug abuse education programs; standards; admission; pregnant females; priority 977 Eggs; standards and labeling; regulation of sales 1115 Food; sales and use tax exemption repealed; income tax credits 87 Forfeitures; property used in illegal drug transactions 886 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Marijuana; suspension of drivers' licenses 1767 FORESTERS Exemption; real estate appraisers' requirements 266 FORESTRY Commercial driver's licenses; timber products vehicles 618 Foresters; exemption; real estate appraisers' requirements 266 FORFEITURES Driving under the influence; habitual violators; forfeiture of motor vehicles; procedures; sale of forfeited vehicle 1896 Illegal hunting of deer at night; superior court; retaining property for use 1782 Property used in illegal drug transactions 886 FORGERY Documents signifying merit or achievement conferred by an institution of education; purchase; sale; creation; alteration; penalties 1143 FORSYTH COUNTY Blue Ridge Judicial Circuit; superior court; additional judge 280 Board of commissioners; chairman; members; compensation 3931 Board of education; members; compensation; per diem 4191 Cumming-Forsyth County Unification Commission; creation 3611 FORT VALLEY, CITY OF Mayor or alderman; qualifications; posts and wards; majority vote; terms of office; mayor pro tempore; utilities commissioner; qualifications 3701

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FRANKLIN COUNTY Board of commissioners; creation 4681 FULTON COUNTY Atlanta Judicial Circuit; chief judge; Act repealed 1009 Development near lake in residential area; engineer's approval; civil liability 4487 Municipalities; school systems; special tax districts; millage rates 3506 Rodent inspection and control services; rat poison 4767 School district; homestead exemption; eligibility; procedures; forms; applicability; exceptions; referendum 3747 Sheriff; chief deputy not required; judge of probate court; superior court clerk; tax commissioner; treasurer; vacancies 3651 Superior court; additional judge 278 Vehicles; designated registration periods 3724 FUNERALS Deceased indigent persons; interment; county funding 431 G GAINESVILLE, CITY OF Retirement system; benefits 4975 GAMBLING Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 Prohibitions not applicable to certain games or devices; crane game machines 1398 State lottery; proposed constitutional amendment; pari-mutuel betting; casino gambling 2035 GAME AND FISH Bears; hunting; trafficking in bears or bear parts 1157 Code revision 94 Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Environmental Policy Act; definitions; purposes 1728 Ferrets; pets; permits; licenses 1157 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Nonresident salt-water fishing licenses; repealed 1157

Page XCIX

Shellfish regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 GARDEN CITY, CITY OF Mayor and council; election; terms; organizational meeting 3677 GARNISHMENT Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Delinquent state taxes; state revenue commissioner; procedures 713 GARVIS YOUNGBLOOD Conveyance of state property 1282 GAS PIPELINES Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 GAS UTILITIES Rates; accounting methods 1705 GASOLINE Underground storage tanks; environmental assurance fees; limit of charges 1421 GAY, TOWN OF Mayor pro tempore; appointment; council; quorum 3728 GENEALOGISTS Cemeteries and burial grounds; preservation and protection; permits; penalties 924 GENERAL ASSEMBLY Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Appropriations; S.F.Y. 1991-1992 1944 Appropriations; supplemental for S.F.Y. 1990-1991 1936 Aviation Hall of Fame; overview committee 1773 Civil practice; continuances; certain staff 376 Clerk of the House of Representatives; succession to office 622 Committees; conversion of fiscal retirement bills to nonfiscal retirement bills 353 Fiscal Affairs Subcommittees; licensing agreements for 1996 Olympic Games commemorative motor vehicle license plates 1683

Page C

Georgia State Games Commission; members; terms; compensation; sites 1590 Indigent Care Trust Fund; contributions 388 Joint Airport Development Authority Study Committee; creation 1231 Joint Study Committee on Children and Youth; creation 2025 Legislative Services Committee; membership 5 Local bills; proof of advertisement; affidavits 747 Local constitutional amendments; repeal by local Act with referendum 2031 Members; oath of office; state court judges 746 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687 Recall; petitions; review 608 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Reimbursable expense allowance of members; documentation 1363 Secretary of the Senate; succession to office 622 Water Resource Conservation Management Study Committee; creation 1238 Wetlands Conservation Study Committee 1173 GENERAL PROVISIONS Agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; defined 1849 Girls and Women in Sports Day; designation 788 Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Additional members; terms 1686 Conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 GEOLOGISTS Qualifications; certification in a specialty; seals 1130 GEORGIA ADMINISTRATIVE PROCEDURE ACT Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Licensees; hearing; review of information possessed by an agency 1400 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 GEORGIA AIR QUALITY ACT OF 1978 Permits; fees; penalties 1735

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GEORGIA AUCTIONEERS COMMISSION Auctioneers education, research, and recovery fund; creation; purposes 801 Continuing education; reciprocity; fees 799 GEORGIA AVIATION HALL OF FAME Board; overview committees; powers and duties; funds 1773 GEORGIA BASIC HEALTH INSURANCE PLAN Commissioner of Insurance; development; promote use 1606 GEORGIA BOARD OF ATHLETIC TRAINERS Members; residency requirement; athletic injury 750 GEORGIA BOARD OF DENTISTRY Continuing education programs; dentists and dental hygienists 350 Dental hygienists; temporary licenses 352 Dentures; marking; notification of dentists 600 Practice of dentistry; definition 450 GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985 Financial hardship cases; special lien; notice; judicial sales; court orders 452 GEORGIA BUILDING AUTHORITY Real property; railroad operations 970 Steve Polk Plaza; designation 1229 GEORGIA BUREAU OF INVESTIGATION Georgia Crime Information Center; stolen vehicles and license plates; reporting 723 Witness fees 773 GEORGIA CHILD CARE COUNCIL Creation; composition; director; funding 1648 GEORGIA COMPUTER SYSTEMS PROTECTION ACT Definitions; criminal offenses; liability; penalties; remedies and damages 1045 GEORGIA CORRECTIONAL INDUSTRIES ADMINISTRATION Executive officer; compensation Vetoed HB 763

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GEORGIA COURTS AUTOMATION COMMISSION Creation; membership; powers, duties, and compensation 634 GEORGIA CRIME INFORMATION CENTER Stolen vehicles and license plates; reporting 723 GEORGIA DEPARTMENT OF EDUCATION See Education GEORGIA EDUCATION AUTHORITY (UNIVERSITY) Definition; membership 1577 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Members' qualifications 1685 GEORGIA FIREMEN'S PENSION FUND Membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Definitions 456 GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY Definitions; composition; executive director; powers and duties of authority 1740 GEORGIA HOUSING AND FINANCE AUTHORITY Creation; general purposes 1653 GEORGIA MUNICIPAL TRAINING ACT Training institute; board of directors; composition; training for clerks of municipalities Vetoed HB 287 GEORGIA NONPROFIT CORPORATION CODE Revision and reenactment 465 GEORGIA POWER COMPANY Exchange of property for state property in Fulton County 1266

Page CIII

GEORGIA PROMPT PAYMENT ACT State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 GEORGIA RESIDENTIAL FINANCE AUTHORITY Abolished 1653 Definitions; powers; bonding cap 391 GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACT Partners; indemnification 1011 GEORGIA STATE GAMES Georgia State Games Commission; members; terms; compensation; sites 1590 GEORGIA STATE PATROL See also Law Enforcement Officers and Agencies GEORGIA STATE WAR VETERANS' HOME Director; appointment; approval; Veterans Service Board 330 GEORGIA TEACHER OF THE YEAR Salary increases 1630 GEORGIA TRUST ACT Revision and reenactment 810 GEORGIA WAR VETERANS NURSING HOME Administrator; appointment; approval; Veterans Service Board 330 GEORGIANET AUTHORITY Composition; executive director; salary; merit system; retirement; funds; data 425 GIRLS AND WOMEN IN SPORTS DAY Designation 788 GLASCOCK COUNTY Board of commissioners; payment of county obligations 4118

Page CIV

GLENN, WOODY Woody Glenn Highway; designated 1240 GLENNVILLE, CITY OF Mayor and council; election date; terms; elections 3989 GOODWIN ENTERPRISES, INC. Lease of Warm Springs area historical hydrotherapy pool complex Vetoed HR 352 GORDON COUNTY Calhoun-Gordon County Airport Authority; members; terms of office; quorum 3848 GOVERNOR Environmental Advisory Council; appointment of members 1738 Georgia Child Care Council; members; appointment 1648 Georgia Hazardous Waste Management Authority; executive director; appointment 1740 Georgia State Games Commission; members; terms; compensation; sites 1590 Organized militia; members consent to active duty without pay; privileges and immunities 1393 GRAHAM, CITY OF Charter; incorporation 4770 GRAND JURIES Law enforcement officers; witness fees 773 GRAYSON, CITY OF City of Grayson Water Authority; creation 4195 GRIFFIN, CITY OF Board of commissioners; taxation; finance; homestead exemption; referendum 4604 Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Griffin-Spalding County Personal Care Health Board; creation 4609 GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION Members; compensation; expenses 3693

Page CV

GRIFFIN-SPALDING COUNTY PERSONAL CARE HEALTH BOARD Creation 4609 GROWING CROPS Defined 1849 GUARANTEED REVENUE DEBT COMMON RESERVE FUND Public road work; financing; general obligation debt 1355 GUARDIAN AND WARD Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians ad litem; lost wills; letters of administration; probate courts; clerks; counties of 100,000 or more 394 United States Department of Veterans Affairs; guardians of beneficiaries; compensation 1019 GWINNETT COUNTY Gwinnett County Arts Facility Authority; creation 3542 Gwinnett Judicial Circuit; additional superior court judge 280 Recorder's court; solicitor; appointment; compensation; assistant solicitors; selection; compensation 4183 GWINNETT COUNTY ARTS FACILITY AUTHORITY Creation 3542 GWINNETT JUDICIAL CIRCUIT Additional superior court judge 280 H HALL COUNTY Board of education; members' expenses; insurance 3504 Civil service system; county personnel director 4818 HAMILTON, CITY OF Municipal court; penalties; referendum 3973 HANCOCK COUNTY Magistrate court; chief magistrate; compensation 4494 Sparta-Hancock Public Facilities Authority; creation 4394

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HANDICAPPED PERSONS Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Handicapped electors; modifications of voting booths; sufficient accommodations for privacy 599 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Personal Assistance Program for Persons With Disabilities Act; Division of Rehabilitation Services; personal attendant care 399 Physically disabled persons; use of service dog; identification 616 HAPEVILLE, CITY OF Millage rates 3506 HARALSON COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 HARGUS, MS. WILMA G. Compensation 1198 HARLEM, CITY OF Mayor and council; election date; terms 4542 HAWKINSVILLE, CITY OF New charter 4711 HAZARDOUS CHEMICALS Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 HAZARDOUS MATERIALS Insurance coverage; private sector removers of hazardous materials 1154

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HAZARDOUS SUBSTANCES Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Railroad crossings; stopping; vehicles carrying 1004 Spills or releases; definitions; reporting 1371 HAZARDOUS WASTE Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Oil or hazardous substance spills or releases; definitions; reporting 1371 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 HEALTH Administration of laws; Department of Human Resources; records; chief medical officers; discharge of patients; psychologists; examination; treatment; privileged communications; liability 1059 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Ambulance; prohibited use of word without license 597 Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Clinical laboratories; inclusion of tissue banks within definition 349 Code revision 94 Contact lenses; sale by unlicensed persons prohibited 1003 Controlled substances; anabolic steroids; Schedule III; dangerous drugs 312 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentures; marking; notification of dentists 600 Department of Human Resources; lists; deficient nursing homes; notices 1603 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Drug abuse education programs; standards; admission; pregnant females; priority 977 Georgia Trust Act; revision and reenactment 810 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians of beneficiaries; compensation 1019 Health care corporations; formation; board of directors; members 724 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419

Page CVIII

Health care facility; revocation of certificate of need 328 Health care providers; certain advertisements; prohibited Vetoed HB 774 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Indigent Care Trust Fund; contributions 388 Joint Study Committee on Children and Youth; creation 2025 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Long-term care facilities; residents; irrevocable letters of credit 1129 Medical or surgical consent; persons who may consent to medical or surgical consent 335 Model basic health insurance plan; Commissioner of Insurance; development; promotion of use 1606 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Motor vehicles; transporting biohazardous substances; marked with sign or placard 1058 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Nursing homes; Department of Human Resources; lists of deficient nursing homes; notices 1603 Occupational therapists; definitions; licensing; permits; physical agent modalities; fine; renewals 379 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Paramedics and cardiac technicians; certification 597 Peer review organization; definition; inspection of records 1016 Penal institutions; notification of law enforcement agency of patient or inmate having communicable disease; definition; confidentiality; penalty 1319 Personal Assistance Program for Persons With Disabilities Act; Division of Rehabilitation Services; personal attendant care 399 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Practice of dentistry; definition 450 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685 Radiation sterilization services; bond 1411 State health planning; definitions; exemptions; certificate of need; fines 1871 Tanning facilities; definitions; warning signs; equipment requirement; protective gear; records; civil actions; variances 1411 Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784

Page CIX

Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 Vital records; certification; birth and death certificates; disposition of dead body or fetus; listings of death 669 Vital records not open to inspection; confidential 1943 HEALTH CARE Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 HEALTH CARE CORPORATIONS Formation; board of directors; members 724 HEALTH CARE FACILITIES Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 HEALTH CARE PROVIDERS Certain advertisements; prohibited Vetoed HB 774 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 HEALTH POLICY COUNCIL Abolished 1880 HEALTH STRATEGIES COUNCIL Creation; purposes and functions 1880 HEARD COUNTY Board of commissioners; creation 3976 HEARING AIDS State Board of Hearing Aid Dealers; membership; licenses; examinations; reciprocity 401 HEARTSTEDT, MR. EDMUND J. Compensation 1177 HEILMAN, L. F. Conestoga Management, Inc., L. F. Heilman, President; compensation 1197

Page CX

HENRY COUNTY Board of education; chairman; members; compensation 4392 Community improvement districts; creation 4339 Coroner; compensation; expense account 4415 Magistrate court; chief magistrate; compensation 4413 HIGHWAYS, BRIDGES, AND FERRIES Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Andersonville POW Memorial Trail; designated 1005 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bus shelters; erected; public roads; advertisement 1861 Code revision 94 Conestoga Management, Inc., L. F. Heilman, President; compensation 1197 Elmer A. Dennard Highway; designated 1237 J. Truman Holmes Bridge; designated 1294 J. P. Marshall By-Pass; designated 1241 Jimmy Lee Campbell Memorial Highway; designated 1205 John T. McKenzie Bridge; designated 1233 Lyle Jones Parkway; designated 1296 Mr. Cary J. Daniel; compensation 1199 Mr. Edmund J. Heartstedt; compensation 1177 Mr. Keith Stephen Marks; compensation 1200 Ms. Wilma G. Hargus; compensation 1198 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Raymond G. Davis Medal of Honor Highway; designated 1286 Roger E. James Bridge; designated 1294 The Zell Miller Mountain Parkway; designated 2026 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Woody Glenn Highway; designated 1240 HISTORIC PROPERTY Parking; permits; fees; intent 1007 HIV TESTING AIDS transmitting crimes; procedures; disclosure; reports 974 HOGANSVILLE, CITY OF School taxes; maximum millage rate; referendum 4427

Page CXI

HOLIDAYS AND OBSERVANCES Girls and Women in Sports Day; designation 788 HOLLY SPRINGS, CITY OF Mayor and council; elections; terms 3625 HOLMES, J. TRUMAN J. Truman Holmes Bridge; designated 1294 HOME ARREST PROGRAMS County offenders; definitions; assignment; revocation; eligibility; costs 1348 HOMERVILLE, CITY OF Council; meetings; municipal court 4470 HOMICIDE One year and a day rule; eliminated 719 HORSES Equine activities; immunity from liability; definitions; exceptions; notice 680 HOSPITAL AUTHORITIES Ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 HOSPITAL AUTHORITY OF DOUGLAS COUNTY Members; vacancies 3933 HOSPITAL AUTHORITY OF PUTNAM COUNTY Members; appointment; terms 3998 HOSPITALS Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864

Page CXII

Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 HOTEL-MOTEL TAXES Requirements; limitations; lodges operated by the Department of Natural Resources 292 HOUSE COMMITTEE ON INDUSTRY Aviation Hall of Fame; overview committee 1773 HOUSE OF REPRESENTATIVES Clerk; succession to office 622 Reimbursable expense allowance of members; documentation 1363 HOUSE TRAILERS Annual license fees 434 HOUSING AUTHORITIES Housing authorities of municipalities of 350,000 or more; commissioners 390 HOUSTON COUNTY Board of commissioners; chairman; expense account; vacancy 3742 Easement across state property 1207 HOYT L. NELSON Compensation 1230 HUNTING See also Game and Fish I INCOME TAXES Corporations; time of payment 368 Credits; employers providing basic skills education to employees 1709 Employer; monthly and quarterly returns; adjustments; penalties 739 Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 Payment; check or money order; dishonor; penalty 715 Returns; municipal population; 350,000 or more 303 State revenue commissioner; appeals; surety bond 716 Tax credits; sales and use tax on food repealed 87

Page CXIII

INDECENCY Penalty 966 INDEMNIFICATION Emergency management rescue specialists; killed or disabled; definition 1312 Public Service Commission; law enforcement personnel; applications; time for filing 771 Revised Uniform Limited Partnership Act; partners; indemnification 1011 INDEPENDENT CONTRACTORS Certain owner-operators of equipment deemed independent contractors 1850 INDIGENT CARE TRUST FUND Contributions 388 INDIGENT PERSONS Deceased; interment; county funding 431 Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 INDUSTRY AND TRADE Commissioner of industry, trade, and tourism; Georgia Child Care Council; member 1648 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 INSURANCE Accident reports; solicitations 1864 Attorneys; referrals to or payments by attorneys prohibited; motor vehicle accidents; reports 1864 Certain owner-operators of equipment deemed independent contractors 1850 Code revision 94 Commissioner; financial regulatory capabilities 1424 Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123 Credit life and credit accident and sickness insurance; applicability of chapter; loan or credit transaction 1092 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Emergency management rescue specialists; killed or disabled; indemnification; definition 1312

Page CXIV

Fraud; felony offense; fraudulent insurance act; deductibles; uninsured motorist coverage; standard insurance rates; approval; premium discounts; personal injury protection coverage; settlement of claims 1608 Group or blanket accident and sickness insurance; mail-order pharmaceutical distributors; prohibitions 1901 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Health care corporations; formation; board of directors; members 724 Health care providers; certain advertisements; prohibited Vetoed HB 774 Health care providers; referrals to or payments by health care providers prohibited; motor vehicle accidents; reports 1864 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Life insurance; proceeds or payments; computation of interest; rates 1055 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Model basic health insurance plan; commissioner; development; promotion of use 1606 Motor vehicle accidents; referrals to or payments by attorneys and health care providers prohibited; reports. 1864 Motor vehicles; municipalities of more than 350,000 as self-insurers; population changed 302 Motor vehicles; premium discounts; defensive drivers; honor students 1830 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Public adjusters; authority; motor vehicle accidents 1864 Unauthorized insurers; service of process; Commissioner 1090 Workers' compensation; asbestos; filing of claim; time period 1586 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 INTANGIBLE TAXES Real estate transfer tax; deeds and instruments; power of appointment; exemption 965 INTEREST Life insurance policies; proceeds or payments; computation; rates 1055 INTERMENT Indigent persons; county funding 431

Page CXV

INTERNAL REVENUE CODE Charitable institutions; insurable interest; donor 1123 Charitable organizations; filing of financial statements 789 Georgia Trust Act; revision and reenactment 810 Internal Revenue Code of 1986; meaning; incorporation into state law 367 IRWIN COUNTY Board of commissioners; contracts; correctional facility as private, commercial enterprise 4077 ISLANDS Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 J J. CARRELL LARMORE PROBATION DETENTION CENTER Designated 1203 J. TRUMAN HOLMES BRIDGE Designated 1294 J. P. MARSHALL J. P. Marshall By-Pass; designated 1241 JACKSON COUNTY Board of commissioners; vacancies 3632 JAILS Escape; use of deadly force to prevent; peace officers; agencies 624 Municipal detention facilities; full-time jailers; municipalties of 6,000 or less 1009 Sexual assault; probationer or parolee 1108 JAMES, ROGER E. Roger E. James Bridge; designated 1294 JAMES EARL CARTER, JR. TRIBUTE COMMISSION Creation 1694

Page CXVI

JAMES THOMASON Compensation 1176 JASPER COUNTY Jasper County Economic Development Authority; creation 4524 JASPER COUNTY ECONOMIC DEVELOPMENT AUTHORITY Creation 4524 JESUP, CITY OF District two; polling place 4899 JIMMY LEE CAMPBELL MEMORIAL HIGHWAY Designated 1205 JOHN T. MCKENZIE John T. McKenzie Bridge; designated 1233 JOINT AIRPORT DEVELOPMENT AUTHORITY STUDY COMMITTEE Creation 1231 JOINT STUDY COMMITTEE ON CHILDREN AND YOUTH Creation 2025 JOINT WORKERS' COMPENSATION TASK FORCE Creation 1747 JOHN T. MCKENZIE BRIDGE Designated 1233 JOHNSON COUNTY Magistrate court; law library fees 3751 JONES, LYLE Lyle Jones Parkway; designated 1296 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Board of commissioners; additional member; appointment; term of office 1105

Page CXVII

JUDICIAL SALES Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 JUVENILE COURTS Associate judges; authority to perform marriage ceremonies 627 Certain children sentenced to Department of Corrections; effective date amended 959 Child abuse reports; access; reclassification of child abuse cases 1320 Council of Juvenile Court Judges; membership 627 Judges; mandatory retirement Vetoed HB 478 Law enforcement officers; witness fees 773 Probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Restraints on freedom of accused juveniles prior to adjudication 346 Serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Termination of parental rights; transmittal of final orders to Department of Human Resources 602 JUVENILE JUSTICE COORDINATING COUNCIL Merger into the Children and Youth Coordinating Council 435 JUVENILES Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Closed circuit television testimony by children who are victims of crime 1377 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Joint Study Committee on Children and Youth; creation 2025 K KAY EPPS Conveyance of state property 1282 KEITH STEPHEN MARKS Compensation 1200

Page CXVIII

KENNESAW, CITY OF Corporate limits 4081 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 KEYSVILLE, CITY OF New charter 4570 KINGSLAND, CITY OF Corporate limits 4108 Kingsland Area Convention and Visitors Bureau Authority; creation 4101 Manager; duties; powers 4185 KINGSLAND AREA CONVENTION AND VISITORS BUREAU AUTHORITY Creation 4101 L LABOR AND INDUSTRIAL RELATIONS Boilers or pressure vessels; Commissioner of Labor; inspection; fees; carnival rides; inspection; fees 258 Code revision 94 Commissioner of Labor; Georgia Child Care Council; member 1648 Department of Labor; supplemental appropriations for S.F.Y. 1990-1991 263 Department of Natural Resources; volunteer services; expenses; insurance; bonds; workers' compensation Vetoed SB 272 Employment Security Law; revision and redesignation of provisions; benefits; unemployment compensation; employer layoffs; claims; cross-references 139 Group or blanket accident and sickness insurance; notice of cancellation or renewal; exceptions; small groups; rating; exemption 1358 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 Health care corporations; formation; board of directors; members 724 Income taxes; credits; employers providing basic skills education to employees 1709 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 Motor vehicles; dealers; warranties; distributors; remedies 797 Multiple employer self-insured health plans; definition; licenses; management of funds; loss reserves 1021 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; asbestos exposure; filing of claim; time period 1586

Page CXIX

Workers' compensation; certain owner-operators of equipment deemed independent contractors 1850 Workers' compensation; claims; filed upon receipt or upon mailing by certified or registered mail 359 Workers' compensation; Department of Natural Resources; volunteer services; expenses; insurance; bonds Vetoed SB 272 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 Workers' compensation; Joint Workers' Compensation Task Force; creation 1747 Workers' compensation; State Board of Workers' Compensation; senior administrative law judge; created 405 Workers' compensation; volunteers; certain persons covered 677 LAGRANGE, CITY OF Downtown LaGrange Development Authority; property powers; eminent domain 4615 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Additional members; terms 1692 LAMAR COUNTY Magistrate court; chief magistrate; nonpartisan election 3819 Manager; repeal 3821 LAND SURVEYORS Land surveying; definition 1133 LANDLORDS AND TENANTS Security deposits; liability for rent of military personnel 360 LARMORE, J. CARRELL J. Carrell Larmore Probation Detention Center; designated 1203 LAUNDRIES Liens; cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 LAW ENFORCEMENT OFFICERS AND AGENCIES Abuse of governmental office; definition; bribery; public officials and employees 1749 Arrest; family violence; report; inspection of record 1778

Page CXX

Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Department of Public Safety; accident reports; fees 309 Department of Public Safety; Uniform Division; educational requirements; State Patrol Disciplinary Board; composition 1375 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Escape; use of deadly force to prevent; peace officers; agencies 624 Flashing or revolving green lights 1145 Geo. L. Smith II Georgia World Congress Center Authority; police and security force 1093 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Georgia Crime Information Center; stolen vehicles and license plates; reporting 723 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Indemnification; Public Service Commission; law enforcement personnel; applications; time for filing 771 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Local governments; reimbursement; defense; criminal acts 1821 Magistrate courts; marshals; employment to perform duties of constables 1155 Motor vehicle accident records of the Department of Public Safety 1870 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Notification of patient or inmate having communicable disease; definition; confidentiality; penalty 1319 Peace Officers' Annuity and Benefit Fund; correction of records and payments 786 Personal property; custody; return or disposition 944 Probation; community service programs; use for private gain 1302 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781

Page CXXI

Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Service of process; citizens 18 years of age; court appointed permanent process servers 626 Sexual assault; probationer or parolee 1108 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Witness fees 773 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; volunteers; certain persons covered 677 LEASING AND RENTAL COMPANIES Used Car Dealers' Registration Act; exemption 983 LEGAL ADVERTISEMENTS Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting 726 LEGAL ORGANS Advertisement; local bills; proof; affidavits 747 Local boards of education; date of monthly meeting; advertisement 726 LEGISLATIVE SERVICES COMMITTEE Membership 5 LEMON LAW Motor Vehicle Warranty Rights Act; applicability of law 604 LEWIS M. CARTER MANUFACTURING CO., INC. Conveyance of state property in Seminole County 1260 LIBRARIES County and regional libraries; boards of trustees; members 982 LICENSE, OCCUPATION, AND PROFESSIONAL TAXES Licensing; permits; physical agent modalities; fine; renewals 379 Occupational therapists; licensing; permits; physical agent modalities; fine; renewals 379 Payment; check or money order; dishonor; penalty 715

Page CXXII

LICENSE FEES House, auto, and boat trailers 434 LICENSE PLATES Citizens band radio operators; provisions repealed 373 Commemorative; 1996 Olympic Games; licensing 1683 County designation; required; Purple Heart 1145 Prestige; retired veterans; armed forces 1036 Resembling official plates; prohibited on rear of vehicle; penalty 779 Stolen; reporting; Georgia Crime Information Center 723 LICENSED CHECK CASHERS Surety bond 720 LIENS Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Materialmen and mechanics; copy of claim sent to owner or contractor; time for filing notice 639 Superior courts; clerks; fees; registration of liens for federal taxes 1324 Suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 LILBURN, CITY OF Franchises; duration 3740 LIMITED PARTNERSHIPS Revised Uniform Limited Partnership Act; partners; indemnification 1011 LIVESTOCK Certified public weighers; surety bond requirement repealed; reference removed 323 Leased livestock; purchasers; notice; ownership interest 752 LOANS Business development corporations; terms and conditions 1100 LOBBYISTS Persons representing; registration; Secretary of State; fee exemption 1687

Page CXXIII

LOCAL BILLS Proof of advertisement; affidavits 747 LOCAL FAIR SHARE FUNDS High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 LOCAL GOVERNMENT Abuse of governmental office; definition; bribery; public officials and employees 1749 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953 Alcoholic beverages; open containers prohibited while operating a motor vehicle 1587 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bonds, investment in securities, investment trusts, or common trust funds 338 Burials; deceased indigent persons; county funding 431 Cash bonds; unclaimed; disposition by counties 749 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 City business improvement districts; municipalities of more than 400,000; Act repealed 306 Closing of municipal streets; population of 350,000 or more 989 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; deceased indigent persons; interment; county funding 431 Counties; ordinances; unincorporated areas of counties; fines 993 Counties; required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm drainage system, buildings, or facilities prohibited 1002 Counties and municipalities; mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044

Page CXXIV

Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Georgia Municipal Training Institute; board of directors; composition; training for clerks of municipalities Vetoed HB 287 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local organization for emergency management; establishment; local directors; funding; disaster relief 654 Magistrate courts; marshals; employment to perform duties of constables 1155 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Municipal corporations; contracts; population of not less than 350,000 989 Municipal corporations; population greater than 300,000; contracts; easements 796 Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Municipalities; special elections; uniform dates 316 Municipalities of 350,000 or more; housing authorities; commissioners 390 Municipalities of more than 350,000; motor vehicle insurance self-insurers 302 Municipality; meetings; population of 350,000 or more 989 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Personal property; custody; law enforcement agencies; return or disposition 944 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382

Page CXXV

Reimbursement; defense; criminal acts 1821 Revenue Bond Law; maximum interest rates; principal and interest payment 1103 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Sheriffs; fees; civil and criminal cases; effect on local or special laws 1166 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition; population of 350,000 or more 989 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 Workers' compensation; group self-insurance fund; county; definition 947 See also Counties and Municipal Corporations LOCAL WELCOME CENTER PROGRAM Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 LOGANVILLE, CITY OF Governing authority; organizational meeting; manager; removal 4097 LONG-TERM CARE FACILITIES Residents; abuse or exploitation; reporting; liability 1601 LORENZO BENN YOUTH DEVELOPMENT CENTER Designated 1206 LOST WILLS Probate copy 394 LOTTERIES Manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 LOTTERY Proposed state lottery; constitutional amendment 2035

Page CXXVI

LOUISVILLE, CITY OF New charter 3859 LOWNDES COUNTY State court; judge; full-time service; compensation 3551 LYLE JONES PARKWAY Designated 1296 M MACON, CITY OF Corporate limits 4336 Finance officer 4959 Macon-Bibb County Water and Sewerage Authority; employees' pension plan; employer contributions 4520 MACON COUNTY Motor vehicles; designated registration periods 4182 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY Employees' pension plan; employer contributions 4520 MAGISTRATE COURTS Bailable offenses; judicial officer; family violence 1401 Clerks; dispossessory proceedings; summons; issuance 968 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Marshals; employment to perform duties of constables 1155 Personal property; custody; law enforcement agencies; return or disposition 944 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Warrants; bad check; fee 1753 MAIL-ORDER PHARMACEUTICAL DISTRIBUTORS Group or blanket accident and sickness insurance; prohibitions 1901 MANSLAUGHTER One year and a day rule; eliminated 719 MARGARET DREW Compensation 1171

Page CXXVII

MARIETTA, CITY OF Board of education; vacancies; terms 3992 Cobb County-Marietta Water Authority; easement across state property 1246 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies 3531 Corporate limits 3814 Corporate limits 3547 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 MARIJUANA Suspension of drivers' licenses 1767 MARKS, MR. KEITH STEPHEN Compensation 1200 MARRIAGE Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Associate juvenile court judges; authority to perform marriage ceremonies 627 MARSHALL, J. P. J. P. Marshall By-Pass; designated 1241 MARSHALL D. COURSEY Compensation 1235 MARSHALS Magistrate courts; marshals; employment to perform duties of constables 1155 MCDUFFIE COUNTY Deputy coroner; appointment; compensation; powers; duties 3634 MCINTOSH TRAIL REGIONAL DEVELOPMENT CENTER Transfer of Fayette County ratified 1170 MCKENZIE, JOHN T. John T. McKenzie Bridge; designated 1233

Page CXXVIII

MECHANICS' AND MATERIALMEN'S LIENS Copy of claim sent to owner or contractor; time for filing notice 639 Suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 MEDICAL CONSENT LAW Medical or surgical consent; persons who may consent to medical or surgical consent 335 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 MEDICAL FIRST RESPONDER Workers' compensation; volunteers; certain persons covered 677 MEDICAL SCHOOLS Nonpublic; exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 MENTAL HEALTH Administration of laws; Department of Human Resources; records; chief medical officers; discharge of patients; psychologists; examination; treatment; privileged communications; liability 1059 Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825 Code revision 94 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Department of Human Resources; lists; deficient nursing homes; notices 1603 Drug abuse education programs; standards; admission; pregnant females; priority 977 Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians of beneficiaries; compensation 1019 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Medical or surgical consent; persons who may consent to medical or surgical consent 335 Peer review organization; definition; inspection of records 1016 Personal care homes; directors; licensure; employees; approval; hearing officers; hearings 721 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 State health planning; definitions; exemptions; certificate of need; fines 1871

Page CXXIX

Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 MERCHANTS Credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 MESOTHELIOMA Workers' compensation; filing of claim; time period 1586 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Annual report; filing; public notice; publication 4761 Deletion of interest arbitration; fact finder's report; judicial determination of certain collective bargaining issues 4626 Interest income; operating costs 4755 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS' AFFAIRS Andersonville POW Memorial Trail; designated 1005 Civil actions; continuances for party or counsel on account of military service 404 Commercial driver's licenses; military vehicles 618 Emergency management, civil defense, rescue, and emergency workers; workers' compensation 677 Emergency management rescue specialists; killed or disabled; indemnification; definition 1312 Guardians of beneficiaries; compensation 1019 License plates; prestige plates; retired veterans; armed forces 1036 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Motor vehicle license plates; Purple Heart; flashing or revolving green lights; emergency command posts 1145 Organized militia; members consent to active duty without pay; privileges and immunities 1393 Raymond G. Davis Medal of Honor Highway; designated 1286 Security deposits; liability for rent of military personnel 360 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 MILLEDGEVILLE, CITY OF Mayor and aldermen; compensation 4496

Page CXXX

MILLER, ZELL The Zell Miller Mountain Parkway; designated 2026 MILLER COUNTY Vehicles; designated registration periods 4540 MINISTERIAL TRAINING Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 MINORS Adoption; affidavits and petitions; surrenders; Department of Human Resources; certificate of adoption; advertising prohibited; decrees of adoption 1640 Child abuse reports; access; reclassification of child abuse cases 1320 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Closed circuit television testimony by children who are victims of crime 1377 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Driving under the influence; concentration level 1886 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definitions 1109 Georgia Child Care Council; creation; composition; director; funding 1648 Georgia Trust Act; revision and reenactment 810 High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Year's support; amount; burden of proof; application 948 MISDEMEANORS High and aggravated nature; false report; theft or conversion; motor vehicle 969 MITCHELL COUNTY County administrator; creation of office 3616 Easement across state property 1207 Mitchell County Hospital Authority; number of members; vacancies 3630

Page CXXXI

MITCHELL COUNTY HOSPITAL AUTHORITY Number of members; vacancies 3630 MOLOTOV COCKTAIL Criminal possession of an explosive device; definition; penalty 324 MOTOR FUEL TAXES Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 MOTOR VEHICLES AND TRAFFIC Accident reports; Department of Public Safety; fee 309 Alcoholic beverages; open container prohibited while operating a motor vehicle 1587 Biohazardous waste; transporting, marked with sign or placard 1058 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Bus shelters; erected; public roads; advertisement 1861 Certificates of title; chop shops; stolen vehicles and parts 1805 Commercial driver's licenses; law; applicability; issuance of license; disqualification from driving commercial vehicle; timber products vehicles; military vehicles 618 Commissioner of Insurance; financial regulatory capabilities and authority 1424 Controlled substances; forfeitures; property used in illegal drug transactions 886 Counties; ordinances; unincorporated areas of counties; fines 993 Dealers; warranties; distributors; remedies 797 Driver's license; receipt in lieu of bail; validation period 1776 Drivers' licenses; operators and instructors of DUI alcohol or drug use risk reduction programs; criminal records checks; operation of programs by Department of Corrections 1140 Drivers' licenses; restricted learners' permits for 14 year-olds with visually impaired parents 321 Drivers' licenses; suspension or revocation; conviction of marijuana possession; suspension period; reinstatement 1767 Driving under the influence; alcohol or drug use risk reduction programs; criminal records checks; operation of programs by Department of Corrections 1140 Driving under the influence; assessment of drivers; concentration level; presumptions; fines; publication of names 1886 Driving under the influence; habitual violators; forfeiture of motor vehicle; procedures; sale of forfeited vehicle 1896 Driving under the influence; period of detention 416 Driving under the influence; school bus drivers; penalties 1140 Feticide by vehicle in the first degree; feticide by vehicle in the second degree; definition 1109 Flashing or revolving green lights 1145

Page CXXXII

Guaranteed arrest bond certificate; automobile club; maximum amount 794 House, auto, and boat trailers; annual license fees 434 Insurance fraud; felony offense; fraudulent insurance act; deductibles; uninsured motorist coverage; standard insurance rates; approval; premium discounts; personal injury protection coverage; settlement of claims 1608 Juvenile courts; serious traffic offenses; juvenile traffic offenses; jurisdiction; reports to Department of Public Safety 1030 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 License plates; 1996 Olympic Games; licensing 1683 License plates; citizens band radio operators; provisions repealed 373 License plates; county designation; Purple Heart; flashing or revolving green lights 1145 License plates, prestige plates; retired veterans; armed forces 1036 License plates resembling official license plates; prohibited on rear of vehicle; penalty 779 Licensing; resident; definition 327 Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Motor Vehicle Chop Shop and Stolen and Altered Property Act; offenses; forfeiture proceedings; disposition of proceeds; certificates of title; civil actions 1805 Motor vehicle insurance; premium discounts; defensive drivers; honor students 1830 Motor vehicle stereos; prohibit certain volume 417 Motor Vehicle Warranty Rights Act; applicability of law 604 Municipalities of more than 350,000; self-insurers insurance 302 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 Records; access for commercial purposes 1870 Registration and licensing; resident; definition 327 School bus drivers; minimum salary Vetoed HB 557 School bus drivers convicted of driving under the influence; penalties 1140 Stolen vehicles and license plates; reporting; Georgia Crime Information Center 723 Superior courts; clerks; fees; accidents and security for damages 1324 Theft or conversion; motor vehicle; false report; high and aggravated misdemeanor 969 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Transporting biohazardous substances; marked with sign or placard 1058 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000

Page CXXXIII

Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Volunteer transportation services; immunity 1585 MOULTRIE, CITY OF Ordinance violations; penalties 4100 MOUNT ZION, CITY OF Corporate limits 3786 MOUNTAIN PARK, CITY OF Millage rates 3506 MOUNTAINS Protection; Department of Natural Resources; duties 1719 MOVING WALKS Commissioner of Labor; inspection; fees 258 MUNICIPAL CORPORATIONS Abuse of governmental office; definition; bribery; public officials and employees 1749 Airport property; acquisition outside of boundaries; prohibited 953 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 City business improvement districts; municipalities of more than 400,000; Act repealed 306 Closing of municipal streets; population of 350,000 or more 989 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Contracts; population of not less than 350,000 989 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County and regional libraries; boards of trustees; members 982 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Detention facility; full-time jailers; municipalities of 6,000 or less 1009 Development authorities; surplus funds; promotion of industry, agriculture, and trade 1044 Elections; filing notice of candidacy; time period 632

Page CXXXIV

Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Georgia Municipal Training Institute; training for city clerks Vetoed HB 287 Hospital authorities; ownership and operation of projects in other cities and counties; financial assistance to organizations 1391 Interlocal risk management agency; municipal independent school systems; board of education; participation 717 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Law enforcement officers; witness fees 773 Local governments; reimbursement; defense; criminal acts 1821 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Meetings; population of 350,000 or more 989 Motor vehicles; municipalities of more than 350,000 as self-insurers; population changed 302 Municipal courts; certified municipal judge; definition; cross-reference deleted 326 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Municipalities of 350,000 or more; housing authorities; commissioners 390 Mutual aid agreements with federal government or other states; law enforcement; sheriff's approval 1311 Ordinances; open alcoholic beverage containers in motor vehicles 1587 Personal property; custody; law enforcement agencies; return or disposition 944 Population greater than 300,000; contracts; easements 796 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public transit vehicle or station; crimes against the person; penalties 971 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Public works projects; municipalities of 350,000 or more; population requirement 307 Public works projects; municipalities of 400,000 or more; Act repealed 307 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 Special elections; uniform dates; exceptions 316 Tickets; athletic events; service charge Vetoed HB 480 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000

Page CXXXV

Urban Residential Finance Authorities Act for Large Municipalities; municipality; definition; population of 350,000 or more 989 Workers' compensation; group self-insurance fund; county; definition 947 Workers' compensation; group self-insurance fund; municipal independent school systems 369 MUNICIPAL COURTS Certified municipal judge; definition; cross-reference deleted 326 MURDER One year and a day rule; eliminated 719 MUSCOGEE COUNTY Board of elections and registration; creation 4160 City-county government and school taxes; homestead valuation; local constitutional amendments repealed; referendum 4255 Homestead exemption; county and school district taxes; disabled veterans; referendum 4259 Homestead exemption; county and school district taxes; referendum 4265 Local constitutional amendments for homestead exemptions; continuation repealed 4252 State court; full-time chief assistant solicitor; duties; compensation 4165 N NELSON, MR. HOYT L. Compensation 1230 NEWNAN, CITY OF Newnan-Coweta County Airport Authority; members 4476 Retirement system; definition of employee 4895 NEWSPAPERS Dentistry; listing of all practicing dentists not required 1056 Health care providers Vetoed HB 774 Local bills; proof; affidavits 747 Local boards of education; date of monthly meeting; advertisement 726 NEWTON COUNTY Board of education; members; chairman; compensation 3586 Homestead exemption; county and school district taxes; eligibility; restrictions; applicability; referendum 4328 Newton County Industrial Development Authority; revenue bonds 3529

Page CXXXVI

NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Revenue bonds 3529 NEWNAN-COWETA COUNTY AIRPORT AUTHORITY Members 4476 NONPROFIT CORPORATIONS Georgia Nonprofit Corporation Code; revision and reenactment 465 NONPUBLIC MEDICAL SCHOOLS Exemption from Nonpublic Postsecondary Educational Institutions Act of 1990 980 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Exemptions; theology, divinity, religious education, and ministerial training 1165 Nonpublic medical schools; exemption 980 NORCROSS, CITY OF Manager; mayor pro tempore; departments and agencies; capital improvements budget; sale of city property 3680 NOTICE OF INTENTION TO INTRODUCE LOCAL BILL Affidavits 747 NOTLA WATER AUTHORITY Boundaries 4158 NUISANCES Code revision 94 NURSING HOMES Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 Department of Human Resources; lists; deficient nursing homes; notices 1603

Page CXXXVII

Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 Long-term care facilities; irrevocable letters of credit 1129 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 State health planning; definitions; exemptions; certificate of need; fines 1871 O OATHS General Assembly; members; state court judges 746 OCCUPATIONAL THERAPISTS Licensing; permits; physical agent modalities; fine; renewals 379 OCONEE COUNTY School superintendent; appointment; term; contract 3822 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision; Title 21 on elections 133 Code revision; Title 47 on retirement and pensions 130 Corrections and reenactment 94 OGLETHORPE POWER CORPORATION Easement across state property 1289 Easement across state property in Dawson County 1253 OIL Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Spills or releases; definitions; reporting 1371 Underground storage tanks; environmental assurance fee; limits of charges 1421 OLYMPIC GAMES Commemorative license plates; licensing 1683 OLYMPICS 1996; commemorative license plates; licensing 1683 Georgia State Games Commission; members; terms; compensation; sites 1590 ONE YEAR AND A DAY RULE Homicides; eliminated 719

Page CXXXVIII

OPEN RECORDS Access; Department of Human Resources 1059 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Child abuse reports; access; reclassification of child abuse cases 1320 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Motor vehicle accident records of the Department of Public Safety 1870 Peer review organization; definition; inspection of records 1016 Vital records; certification and registration 669 Vital records not open to public inspection 1943 ORDINANCES Unincorporated areas of counties; fines 993 P PALMETTO, CITY OF Millage rates 3506 PARAMEDICS Certification 597 PARKS Parking; permits; fees; intent 1007 PAROLE Sexual assault; probationer or parolee 1108 PATERNITY Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 PAULDING COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372

Page CXXXIX

PAUPER'S BURIAL Interment; county funding 431 PAWNBROKERS Used Car Dealers' Registration Act; exemption 983 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Correction of records and payments 786 PEACH COUNTY Peach County Hospital Authority; certain members; vacancies 4482 PEACH COUNTY HOSPITAL AUTHORITY Certain members; vacancies 4482 PEANUTS Agricultural Commodity Commission for Peanuts; qualification; membership 997 PEER REVIEW ORGANIZATION Definition; inspection of records 1016 PENAL INSTITUTIONS Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Code revision 94 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Defendants; pleas of insanity or mental incompetency; release hearing; conditional release; revocation; Department of Human Resources; liability 780 Driving under the influence alcohol or drug use risk reduction programs; operation by Department of Corrections 1140 Escape; use of deadly force to prevent; peace officers; agencies 624 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 J. Carrell Larmore Probation Detention Center; designated 1203 Juvenile courts; restraints on freedom of accused juveniles prior to adjudication 346 Mr. James Thomason; compensation 1176 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Notification of law enforcement agency of patient or inmate having communicable disease; definition; confidentiality; penalty 1319

Page CXL

Officer; witness fees 773 Prison guards; indemnification; applications; time for filing 771 Probation; community service programs; use for private gain 1302 Probation; confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 Sexual assault; probationer or parolee 1108 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES ACT Division of Rehabilitation Services; personal assistance 399 PERSONAL CARE HOMES Directors; licensure; employees; approval; hearing officers; hearings 721 PERSONAL PROPERTY Custody; law enforcement agencies; return or disposition 944 Damage or theft; liquidated exemplary damages 1126 PETROLEUM Oil or hazardous substance spills or releases; definitions; reporting 1371 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Underground storage tanks; environmental assurance fees; limit of charges 1421 PHARMACISTS Mail-order pharmaceutical distributors 1901 PHOSPHORUS Limits for discharged waste water; Chattahoochee River 1042 PHYSICAL AGENT MODALITIES Occupational therapists; licensing; permits 379 PHYSICIANS Motor vehicle accidents; solicitation of services by attorneys and health care providers; payments prohibited; reports 1864 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853

Page CXLI

PICKENS COUNTY Board of commissioners; creation; referendum 4212 School district; homestead exemption; referendum 3851 PIERCE COUNTY Board of commissioners; compensation 4620 PIKE COUNTY Pike Clean and Beautiful Authority; creation 4093 School district; homestead exemption; referendum 3695 PIKE CLEAN AND BEAUTIFUL AUTHORITY Creation 4093 PINE LAKE, CITY OF New charter 3935 PINE MOUNTAIN, TOWN OF Contracts; taxation of property to be annexed; service districts 4964 PLUMBERS Fire sprinkler; installation 1317 POLK COUNTY Additional assistant district attorney 4750 Superior court; judges; district attorney; supplementary expense allowance 4167 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 POLK, STEVE Steve Polk Plaza; designated 1229 POSTSECONDARY EDUCATION Nonpublic medical schools; Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 980 Nonpublic Postsecondary Educational Institutions Act of 1990; definitions; personnel; permits; complaints; fines; delayed effective date deleted 687 Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165

Page CXLII

POWDER SPRINGS, CITY OF Corporate limits; organizational meetings; manager; removal; mayor's veto; department administration; municipal court judges; qualifications; offenses; penalties; clerk; appointment 4558 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 PRINCIPAL AND AGENT Deed or instrument under seal creating an agency relationship shall be binding on principal 410 Unauthorized insurers; service of process 1090 PRINTERS Fine art; duplication by printers; forms; penalties; civil liability 1161 PRINTING Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 PRISON GUARDS Indemnification; applications; time for filing 771 PRIVATE DETECTIVES Businesses; licenses; qualifications; suspensions; exceptions 1027 PRIVATE RESIDENTIAL AREAS Uniform Rules of the Road; application; circumstances 1000 PRIVATE SECURITY Businesses; licenses; qualifications; suspensions; exceptions 1027 PRIVILEGED COMMUNICATIONS Psychologists; scope 1059 PROBATE COURTS Clerks; counties of 100,000 or more 394 Clerks; dockets; costs 1753 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Guardians ad litem; lost wills; letters of administration 394

Page CXLIII

Judge of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Year's support; amount; burden of proof; application 948 PROBATION Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 Community service programs; use for private gain 1302 Confinement in a special alternative incarcerationprobation boot camp unit of the Department of Corrections 1751 County probation system; services; contracts; Advisory Council for Probation in the Probate and Magistrate Courts 1135 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Juvenile court probation and intake services; transfer to Department of Human Resources; transfer of employees 1823 Sexual assault; probationer or parolee 1108 Shortening by sentencing court; notice and hearing 310 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352 PROFESSIONAL PRACTICES COMMISSION Reportable offenses 620 PROFESSIONAL STANDARDS COMMISSION Certification of school personnel; Georgia Department of Education; transfer of functions to the Professional Standards Commission 1546 PROFESSIONS AND BUSINESSES Accountants; certified public accountants; educational requirements 371 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Athletic trainers; athletic injury; definition; Georgia Board of Athletic Trainers; residency requirement 750 Auctioneers; continuing education; reciprocity; fees 799 Auctioneers education, research, and recovery fund; creation; purposes 801 Certified public accountants; educational requirements 371 Charitable organizations; filing of financial statements 789 Check cashers; licensing; exemption 784 Code revision 94 Conditioned air contractors; licenses; continuing education; registration 1581 Contact lenses; sale by unlicensed persons prohibited 1003 Dental hygienists; temporary licenses 352 Dentistry; listing of all practicing dentists not required; posting of names at entry of location 1056 Dentists; practice of dentistry; definition 450 Dentists and dental hygienists; Georgia Board of Dentistry; continuing education programs 350

Page CXLIV

Fire sprinklers; installation; contractors; licenses 1317 Geologists; qualifications; certification in a specialty; seals 1130 Georgia Real Estate Appraisers Board; members; terms; roster of appraisers 266 Health care providers; certain advertisements; prohibited Vetoed HB 774 Hearing aid dealers; State Board of Hearing Aid Dealers; membership; licenses; examinations; reciprocity 401 Land surveyors; land surveying; definition 1133 Occupational therapists; definitions; licensing; permits; physical agent modalities; fine; renewals 379 Pharmacists; mail-order pharmaceutical distributors 1901 Private detectives and private security businesses; licenses; qualifications; suspensions; exceptions 1027 Professional engineers and land surveyors; land surveying; definition 1133 Psychologists; licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Psychologists; scope of practice 1059 Real estate appraisers; definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 State Water Well Standards Advisory Council; termination date 432 Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784 Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 Veterinary medicine; practice includes certain dental procedures 375 Water and Wastewater Treatment Plant Operators and Laboratory Analysts; definitions; certification; reciprocity 954 Water well contractors and trainees; license; bonds; irrevocable letters of credit 963 PROMPT PAYMENT ACT State government; prompt payment of bills; interest Vetoed HB 450 PROPERTY Acquisition of property for public roads; proceedings; special master; evidence and testimony 332 Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Ad valorem taxes; county board of tax assessors; additional duties; appeals 664 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; unpaid taxes; final settlements 668 Airport property; acquisition outside of boundaries; prohibited 953

Page CXLV

Auctioneers education, research, and recovery fund; creation; purposes 801 Breach of restrictive convenants; statute of limitations; building set-back lines 665 Cemeteries and burial grounds; preservation and protection; permits; penalties 924 Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 Conservation use property; residential 1903 Controlled substances; forfeitures; property used in illegal drug transactions 886 Covenants running with the land; continuation; increase prohibited 334 Deed or instrument under seal pursuant to an agency created by an act not under seal; binding on principal 410 Deed to secure debt; satisfaction or cancellation furnished to grantor; return of document; time limit; damages 413 Dispossessory proceedings; summons; magistrate court; clerk 968 Environmental Policy Act; definitions; purposes 1728 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Georgia Boll Weevil Eradication Act of 1985; financial hardship cases; special lien; notice; judicial sales; court orders 452 Georgia Building Authority; real property; railroad operations 970 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Trust Act; revision and reenactment 810 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Land surveying; definition 1133 Liens; laundries, cleaners, dyers, tailors, and similar establishments; alternative satisfaction; disposal of property 1137 Liens; suppliers; rental tools, appliances, machinery, and equipment; interim waiver of lien and bond rights; form; exceptions 915 Magistrate courts; clerks; dispossessory proceedings; summons 968 Materialmen's and mechanics' liens; copy of claim sent to owner or contractor; time for filing notice 639 Municipal corporations; population greater than 300,000; contracts; easements 796 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Personal; custody; law enforcement agencies; return or disposition 944 Personal property; damage or theft; liquidated exemplary damages 1126 Real estate appraisers; definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 Real Estate Appraisers Board; members; terms; roster of appraisers 266 Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642

Page CXLVI

Required purchase of materials from county for use on private property in construction or repair of water, sewer, or storm or drainage system, buildings, or facilities prohibited 1002 Security deposits; liability for rent of military personnel 360 Superior courts; clerks; fees; Land Registration Law 1324 Superior courts; clerks; fees; registration of liens for federal taxes 1324 Toilets, shower heads, and faucets; requirements; effective date; sale of certain toilets prohibited 987 Uniform Rules of the Road; application; privately owned residential areas; circumstances 1000 Year's support; amount; burden of proof; application 948 PROSECUTING ATTORNEYS' COUNCIL Administrative or clerical personnel; compensation 1781 PSYCHOLOGISTS Licenses; qualifications; practice; examinations; records; continuing education; sanctions; titles 1147 Mental health; patients; records; examination; treatment; privileged communications; liability 1059 PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 PUBLIC INDECENCY Penalty 966 PUBLIC OFFICERS AND EMPLOYEES Abuse of governmental office; definition; bribery; public officials and employees 1749 Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Attorney General; assistance; overview committees; Aviation Hall of Fame 1773 Blue retroreflective raised pavement markers; unofficial installation prohibited 943 Code revision 94 Conflicts of interest in zoning actions; campaign contributions; officials; financial disclosure; special masters 1365 County tax commissioners, tax receivers, and tax collectors; vacancies; special elections 365 Deceased indigent persons; interment; county funding 431 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Elections; write-in candidates; designation of office sought 631

Page CXLVII

Emergency management rescue specialists; killed or disabled; indemnification; definition 1312 Environmental Policy Act; definitions; purposes 1728 General Assembly; reimbursable expense allowance of members; documentation 1363 General Assembly; members; oath of office; state court judges 746 Geo. L. Smith II Georgia World Congress Center Authority; conviction data; officers and employees; contracts; regulations; criminal penalties; police and security force 1093 Georgia Correctional Industries Administration; executive officer; compensation Vetoed HB 763 Georgia Municipal Training Institute; training for city clerks Vetoed HB 287 Hazardous chemicals; Georgia Hazardous Chemical List; delete provisions; Department of Labor; concentration levels; authority; public inspection; employee grievances; safety data sheets 1304 Indemnification; law enforcement personnel; applications; time for filing 771 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 Juvenile court probation and intake services and employees; transfer to Department of Human Resources 1823 Local governments; reimbursement; defense; criminal acts 1821 Municipal detention facilities; full-time jailers; municipalities of 6,000 or less 1009 Polling places; summaries; constitutional amendments 999 Probation; community service programs; use for private gain 1302 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Recall Act of 1989; definitions; grounds; legal sufficiency; hearing; superior court Vetoed SB 382 Sexual assault; probationer or parolee 1108 State; purchasing; sealed; advertisement; liability of official violating Act 1380 State government; purchasing; funds 606 PUBLIC RETIREMENT SYSTEMS STANDARDS LAW Bills to offset the taxation of benefits 356 Certification of all retirement bills by state auditor; conversion by committee of fiscal bills to nonfiscal bills 353 Health care benefits costs; prefunding; exception 685 PUBLIC SERVICE COMMISSION Electric utilities; integrated resource planning; supervision 1696 Gas utilities; rates; accounting method 1705 Indemnification; law enforcement personnel; applications; time for filing 771 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page CXLVIII

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Bus shelters; erected; public roads; advertisement 1861 Code revision 94 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Electric utilities; integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 Fair Business Practices Act of 1975; cease and desist order; telephone service carrier; billings; liability; 900 or 976 numbers 1346 Gas; rates; accounting methods 1705 Municipal gas pipeline or distribution system; acquisition; purchase price; rate base 1804 Public Service Commission; law enforcement personnel; indemnification 771 Public transit vehicle or station; crimes against the person; penalties 971 Railroad crossings; stopping; vehicles carrying hazardous substances 1004 Superior courts; clerks; fees; Rural Telephone Cooperative Act 1324 Volunteer transportation services; immunity 1585 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 PUBLIC WORKS PROJECTS Municipalities of 350,000 or more; population requirement 307 Municipalities of 400,000 or more; Act repealed 307 PULASKI COUNTY Board of education; consolidation and restatement of law; members; nonpartisan election; qualifications; vacancies; election dates; referendum 4175 PURCHASING State; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State; procedures; revise reference to Employment Security Law 139 State; recycled paper products; funds 606 State; sealed bids; advertisement; liability of official violating Act 1380 PUTNAM COUNTY Hospital Authority of Putnam County; members; appointment; terms 3998 Magistrate court; additional magistrate; appointment; term; compensation 4668 Q QUALITY BASIC EDUCATION ACT Children; patients or clients in licensed facility; mentally retarded; free public instructional program 1825

Page CXLIX

High school general education program; base program to be compared against; local fair share funds; media centers; capital outlay funds 1531 Instruments, procedures, and policies to assess effectiveness of programs; types of assessments 1543 School bus drivers; driving under the influence; penalties 1140 School bus drivers; minimum salary Vetoed HB 557 Testing 1543 R RABUN COUNTY School district; superintendent; appointment; referendum 4555 Superior court; clerk; compensation Vetoed HB 759 RADIATION CONTROL Department of Human Resources; violations by agencies under the department; investigations and examinations 341 RADIATION STERILIZATION SERVICES Bond 1411 RADIOS Citizens band radio operators; special license plates; provisions repealed 373 Motor vehicles; audible at 100 feet or more; penalty 417 Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 RAILROAD CROSSINGS Stopping; vehicles carrying hazardous substances 1004 RAILROADS Crossings; stopping; vehicles carrying hazardous substances 1004 Georgia Building Authority; real property; railroad operations 970 RAYMOND G. DAVIS MEDAL OF HONOR HIGHWAY Raymond G. Davis Medal of Honor Highway; designated 1286 REAL ESTATE Ad valorem taxation; conservation use property; residential transitional property 1903 Covenants running with the land; continuation; increase prohibited 334 Dispossessory procedures; magistrate court; clerks; issuance of summons 968 Restrictive covenants; breach; statute of limitations; building set-back lines 665

Page CL

REAL ESTATE APPRAISERS Definitions; qualifications; licensing; certification; continuing education; foresters; exemption 266 REAL ESTATE APPRAISERS BOARD Members; terms; roster of appraisers 266 REAL ESTATE BROKERS Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 REAL ESTATE SALESPERSONS Real estate brokers and salespersons; education; licenses; nonresidents; Georgia Real Estate Commission; agreements; revocation; hearings 642 RECORDS Access; Department of Human Resources 1059 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Arrest; family violence; report; inspection of record 1778 Business records; destruction after three years 1638 Child abuse reports; access; reclassification of child abuse cases 1320 Child support; enforcement by Department of Human Resources; service of process; paternity test; records; confidentiality; income deduction 950 Law enforcement agency records; inspection or copying for use in commercial solicitations prohibited; penalty 1868 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Motor vehicle accident records of the Department of Public Safety 1870 Nonerasable optical image reproduction; evidence; admissibility 787 Peer review organization; definition; inspection of records 1016 Vital records; certification and registration 669 Vital records not open to public inspection 1943 RECREATION Therapeutic recreation personnel; licenses and certification; State Board of Recreation Examiners; composition; examinations 1784 RECREATIONAL AREAS Parking; permits; fees; intent 1007 RECYCLED PAPER State government; purchasing; funds 606

Page CLI

RELIGION Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 REPORTS Annual reports of public officials and agencies to the General Assembly; method of providing 1125 RESIDENT Motor vehicles; registration and licensing; defined 327 RESIDENTIAL TRANSITIONAL PROPERTY Ad valorem taxation; appraisal, valuation, and assessment 1903 RESTITUTION Civil actions and remedies for collection of criminal penalties, restitution, and reparation; deposit of court costs 1051 RESTRICTIVE COVENANTS Breach; statute of limitations; building set-back lines 665 Covenants running with the land; continuation; increase prohibited 334 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Check dishonor fees; bad checks 1299 RETIREMENT AND PENSIONS Boards of trustees of public retirement systems; authority to increase benefits to present and future retirees 605 Code revision 130 Employees' Retirement System of Georgia; board of trustees; membership 274 Employees' Retirement System of Georgia; employer contribution rates; Department of Public Safety; Department of Natural Resources; Department of Revenue 358 Employees' Retirement System of Georgia; employer contributions on behalf of members in the armed forces; pension accumulation fund 1297 Employees' Retirement System of Georgia; Supreme Court Justices; Court of Appeals Judges; mandatory retirement; exceptions Vetoed SB 153 Georgia Firemen's Pension Fund; membership; leaves of absence; reinstatement; service; eligibility for benefits; penalties; overpayments 755 GeorgiaNet Authority; members 425 Judges of the Probate Courts Retirement Fund of Georgia; board of commissioners; additional member; appointment; term of office 1105 Peace Officers' Annuity and Benefit Fund; correction of records and payments 786

Page CLII

Pooling of funds for investment by retirement systems created by general law 994 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Public Retirement Systems Standards Law; bills to offset the taxation of benefits 356 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685 Public Retirement Systems Standards Law; retirement bills; certification by state auditor; conversion of fiscal bills to nonfiscal bills by committee 353 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State Employees' Assurance Department; membership 274 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 Superior Court Judges Retirement System; postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Teachers Retirement System of Georgia; board of trustees; membership 274 Teachers Retirement System of Georgia; certified professional personnel redefined 1546 Teachers Retirement System of Georgia; employer contributions; ordered military service 996 Teachers Retirement System of Georgia; members; optional plan; board of regents; contributions 614 Trial Judges and Solicitors Retirement Fund; judges; mandatory retirement Vetoed HB 478 RETIREMENT HOMES Bingo games; applicants for licenses and operators; fingerprints; photographs 1113 REVENUE AND TAXATION Ad valorem taxes; agricultural property; preferential assessment covenant periods 668 Ad valorem taxes; appraisal staff and board of tax assessors; entrance on property to make appraisal 666 Ad valorem taxes; assessments; appeals; notices 1110 Ad valorem taxes; conservation use property; residential transitional property; timber 1903 Ad valorem taxes; county board of tax assessors; additional duties; appeals 664 Ad valorem taxes; county tax digests; rejections; appeals; Ad Valorem Assessment Review Commission; repealed; approval of digest 728 Ad valorem taxes; delinquent payments; municipal population; 350,000 or more 303 Ad valorem taxes; equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801

Page CLIII

Ad valorem taxes; real estate transfer tax form; filing as a return of property for ad valorem taxes 1110 Ad valorem taxes; tax returns; opening and closing books 6 Ad valorem taxes; unpaid taxes; final settlements 668 Boards of trustees of public retirement systems; authority to increase benefits to present and future retirees 605 Business records; destruction after three years 1638 Code revision 94 Confidential information; municipal population; 350,000 or more 303 County and municipal excise tax levies; rooms, lodgings, and accommodations; requirements; limitations 292 County tax officials; vacancy in office; special election; procedures 365 Definitions; revise reference to Employment Security Law; 139 Delinquent payments; ad valorem taxes; municipal populations; 350,000 or more 303 Delinquent state taxes; state revenue commissioner; garnishment procedures 713 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 Georgia Trust Act; revision and reenactment 810 House, auto, and boat trailers; annual license fees 434 Income tax returns; municipal population; 350,000 or more 303 Income taxes; corporations; time of payment 368 Income taxes; credits; employers providing basic skills education to employees 1709 Income taxes; employer; monthly and quarterly returns; adjustments; penalties 739 Income taxes; Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 Income taxes; tax credits; sales and use tax exemption on food repealed 87 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Internal Revenue Code or Internal Revenue Code of 1986; meaning; incorporation into state law 367 License plates; citizens band radio operators; provisions repealed 373 License plates; prestige plates; retired veterans; armed forces 1036 Motor fuel taxes; public road work; financing; general obligation debt and guaranteed revenue debt; State of Georgia Guaranteed Revenue Debt Common Reserve Fund 1355 Motor vehicles; registration; resident; definition 327 Payment of state taxes or license fees; check or money order; dishonor; penalty 715 Public Retirement Systems Standards Law; bills to offset the taxation of retirement benefits 356 Review; ad valorem taxes; municipal population; 350,000 or more 303 Sales and use taxes; food; exemption repealed; income tax credits 87 State revenue commissioner; appeals; surety bond 716 Stolen license plates; reporting; Georgia Crime Information Center 723 REVENUE BOND LAW Maximum interest rates; principal and interest payments 1103

Page CLIV

REVOLVING ACCOUNTS Delinquency charges; limits 913 RICHMOND COUNTY Board of health; conveyance of state property 1184 County officers; compensation 4419 Easement across state property 1207 RINZLER, STANLEY Exchange of property for state property in Fulton County 1271 RIVERDALE, CITY OF Corporate limits 4638 Ward boundaries 4956 RIVERS Comprehensive assessment; assistance of United States Department of Interior urged 1745 Corridors; Department of Natural Resources; duties 1719 ROCKDALE COUNTY Board of commissioners; personnel rules and regulations 4822 Board of commissioners; records; minutes 4809 Conyers-Rockdale Amateur Athletic Authority; creation 4236 Rockdale Judicial Circuit; superior court; additional judge 276 ROCKDALE JUDICIAL CIRCUIT Additional superior court judge 276 ROGER E. JAMES BRIDGE Designated 1294 ROME, CITY OF Rome-Floyd County Commission on Children and Youth; members 3737 ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH Members 3737 ROSWELL, CITY OF Corporate limits 3526 Millage rates 3506

Page CLV

RURAL FACILITIES ECONOMIC DEVELOPMENT ACT Definitions; committees; plans; funds; oversight; economic and civic development 1712 S SAFETY FIRE COMMISSIONER Fire suppression systems; regulation; inspection; definitions; permits; fees; penalties 933 SALES Leased livestock; purchasers; notice; ownership interest 752 Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 SALES AND USE TAXES Food; exemption repealed 87 SAMUEL THOMAS COFER BUILDING Designated 1236 SAVANNAH, CITY OF Chatham-Savannah Youth Futures Authority; members; quorum; qualifications; technical advisory committee 3571 City of Savannah and Chatham County Board of Public Education; members; election; vacancies; referendum 3776 Employees' Retirement Plan 4839 Lease of state property 1189 Mayor and aldermen; residency requirements 3726 SCHOOL BUS DRIVERS Driving under the influence; penalties 1140 Salary Vetoed HB 557 SCREVEN COUNTY Board of commissioners; compensation 3699 SECRETARY OF STATE Charitable organizations; filing of financial statements 789 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687

Page CLVI

SECRETARY OF THE SENATE Succession to office 622 SECURITIES Bonds; investment of proceeds 338 SENATE Reimbursable expense allowance of members; documentation 1363 Secretary; succession to office 622 SENATE COMMITTEE ON ECONOMIC DEVELOPMENT Aviation Hall of Fame; overview committee 1773 SERVICE CHARGES Athletic events; tickets Vetoed HB 480 SERVICE DOGS Physically disabled persons; use of dog; identification 616 SERVICE OF PROCESS Citizens 18 years of age; court appointed permanent process servers 626 Unauthorized insurers; Commissioner of Insurance 1090 SEXUAL ASSAULT Probationer or parolee 1108 SHELLFISH Regulation; definitions; records; permits; harvesting and taking; restrictions; programs; use; inspection 693 SHERIFFS Fees; civil and criminal cases; effect on local or special laws 1166 Home arrest programs; county offenders; definitions; assignment; revocation; eligibility; costs 1348 Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Work release programs; county inmates; definitions; assignment; revocation; eligibility; costs 1352

Page CLVII

SHERIFFS' RETIREMENT FUND OF GEORGIA Fees in civil actions 753 SMYRNA, CITY OF Corporate limits 4621 Homestead exemption; referendum 4693 Millage rates; county governing authority; municipalities; school systems; taxable values; millage rate resolutions and ordinances; procedures; notice 4564 SOCIAL SERVICES Child abuse reports; access; reclassification of child abuse cases 1320 Child welfare agencies; approval and inspection of family boarding homes, foster family homes, and family day-care homes 408 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Department of Human Resources; violations by agencies under the department; investigations and examinations 341 Georgia Child Care Council; creation; composition; director; funding 1648 Joint Study Committee on Children and Youth; creation 2025 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Volunteer transportation services; immunity 1585 SOLICITORS Military service; eligibility for reelection; fines 135 SOLID WASTE Handling facilities; permits; modifications; classifications; conditions and requirements 462 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement across state property in Early County 1257 Easement across state property in Monroe County 1262 Easement across state property in Troup County 1243 SPALDING COUNTY Griffin-Spalding County Board of Education; members; compensation; expenses 3693 Griffin-Spalding County Personal Care Health Board; creation 4609 Homestead exemption; annual proof of eligibility 4514

Page CLVIII

SPARTA, CITY OF New charter 4000 Sparta-Hancock Public Facilities Authority; creation 4394 SPARTA-HANCOCK PUBLIC FACILITIES AUTHORITY Creation 4394 SPECIAL ENTERTAINMENT DISTRICTS Sunday sales of wine by farm wineries 1164 SPORTS Events; tickets; service charge Vetoed HB 480 Georgia State Games Commission; members; terms; compensation; sites 1590 Girls and Women in Sports Day; designation 788 STANLEY RINZLER Exchange of property for state property in Fulton County 1271 STATE ARBORETUM OF GEORGIA Designated 1287 STATE AUDITOR Assistance; overview committees; Aviation Hall of Fame 1773 Certification of all retirement bills 353 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Equalized adjusted school property tax digest; exclusion of certain parcels; Standard on Assessment-Ratio Studies; use 1801 STATE BOARD OF EDUCATION Certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Delegation of certain powers to State School Superintendent 1630 Local school district; bonded indebtedness; notification; payment 1579 STATE BOARD OF HEARING AID DEALERS Membership; licenses; examinations; reciprocity 401 STATE BOARD OF OCCUPATIONAL THERAPISTS Licensing; permits; physical agent modalities; fine; renewals 379

Page CLIX

STATE BOARD OF RECREATION EXAMINERS Therapeutic recreation personnel; regulation 1784 STATE BOARD OF TECHNICAL AND ADULT EDUCATION Policy; reduction in force 691 STATE COURTS Bailable offenses; judicial officer; family violence 1401 General Assembly; members; oath of office; judges 746 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Judges; mandatory retirement Vetoed HB 478 Personal property; custody; law enforcement agencies; return or disposition 944 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 Solicitors; military service; eligibility for reelection; fines 135 STATE ELECTION BOARD Compelling compliance with election laws, rules, and regulations 608 STATE EMPLOYEES' ASSURANCE DEPARTMENT Board of directors; membership 274 STATE FLAGS Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 STATE GAMES Georgia State Games Commission; members; terms; compensation; sites 1590 STATE GOVERNMENT Abuse of governmental office; definition; bribery; public officials and employees 1749 Administrative procedure; licensees; hearing; review of information possessed by an agency 1400 Annual reports of public officials and agencies to the General Assembly; method of providing 1125 Appropriations; Department of Labor; supplemental for S.F.Y. 1991-1991 263 Appropriations; S.F.Y. 1991-1992 1944 Appropriations; supplemental for S.F.Y. 1990-1991 1 Appropriations; supplemental for S.F.Y. 1990-1991 1936 Appropriations; supplemental for S.F.Y. 1990-1991 7 Blue retroreflective raised pavement markers; unofficial installation prohibited 943

Page CLX

Business records required by state law; destruction after three years; definitions 1638 Children and Youth Coordinating Council; creation as successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth 435 Code revision 94 Consumers' utility counsel; performance and management audits; assistants and experts; repeal date 1707 Controlled substances; forfeitures; property used in illegal drug transactions 886 County and regional libraries; boards of trustees; members 982 Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 Department of Technical and Adult Education; employee contributions to fund for technical and adult education; payroll deductions 1800 Documents; filed upon receipt or upon mailing by certified or registered mail 1301 Environmental Policy Act; definitions; purposes 1728 Escape; use of deadly force to prevent; peace officers; agencies 624 Forfeiture; illegal hunting of deer at night; superior court; retaining property for use 1782 Geo. L. Smith II Georgia World Congress Center Authority; additional members; terms 1686 Georgia Aviation Hall of Fame Board; overview committees; powers and duties; funds 1773 Georgia Building Authority; real property; railroad operations 970 Georgia Environmental Facilities Authority; members' qualifications 1685 Georgia Housing and Finance Authority; creation; general purposes 1653 Georgia Residential Finance Authority; abolished 1653 Georgia State Games Commission; members; terms; compensation; sites 1590 GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 Health planning; definitions; exemptions; certificate of need; fines 1871 Health Strategies Council; creation, purposes, and functions; Health Policy Council; abolished 1880 Indigent Care Trust Fund; contributions 388 Insurance coverage; private sector removers of asbestos or other hazardous materials 1154 James Earl Carter, Jr. Tribute Commission; creation 1694 Lake Lanier Islands Development Authority; additional members; terms 1692 Local governments; reimbursement; defense; criminal acts 1821 Local organization for emergency management; local governments; establishment; local directors; funding; disaster relief 654 Mountains and river corridors; protection; standards; Department of Natural Resources; duties 1719 Parks, historic sites, and recreational areas; parking; permits; fees; intent 1007 Personal property; custody; law enforcement agencies; return or disposition 944 Persons representing state departments, agencies, boards, commissions, or authorities; registration; Secretary of State; fee exemption 1687 Prompt payment of bills; interest Vetoed HB 450 Public Retirement Systems Standards Law; health care benefits costs; prefunding; exception 685

Page CLXI

Public safety radio services; joint use; counties of 500,000 or more; municipalities of 350,000 or more; population requirements 389 Public works contracts; bonds or security; forfeiture; form; affiliated corporations; approval 777 Recall Act of 1989; legal sufficiency; hearing; superior court Vetoed SB 382 Rural Facilities Economic Development Act; definitions; committees; plans; funds; oversight; economic and civic development 1712 State purchasing; bills; owed and paid; payment methods; interest; dispute resolution Vetoed HB 450 State purchasing; recycled paper products; funds 606 State purchasing; sealed bids; advertisement; liability of official violating Act 1380 State purchasing procedures; revise reference to Employment Security Law 139 Steve Polk Plaza; designated 1229 Stone Mountain Memorial Association; additional members; terms 1690 Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 Vital records not open to inspection; confidential 1943 STATE HEALTH PLANNING AGENCY Health care facilities; acquisition or restructuring; notification; certificates of need; penalties; indigent patients 1419 STATE LOTTERY Proposed constitutional amendment 2035 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION GeorgiaNet Authority; composition; executive director; salary; merit system; retirement; funds; data 425 STATE PATROL Educational requirements; State Patrol Disciplinary Board; composition 1375 STATE REVENUE COMMISSIONER Appeals; surety bond 716 Garnishment procedures; delinquent state taxes 713 Payment of state taxes or license fees; check or money order; dishonor; penalty 715 STATE SCHOOL SUPERINTENDENT Certification of school personnel; transfer of functions to the Professional Standards Commission 1546 Georgia Child Care Council; member 1648 Succession to certain powers under State Board of Education 1630

Page CLXII

STATE STRUCTURAL PEST CONTROL COMMISSION Licenses; research fees; Division of Entomology of the University of Georgia 1423 STATE TOLLWAY AUTHORITY Tollways or highways providing access to islands with public beaches; parking fees; collection 1409 STATE WATER WELL STANDARDS ADVISORY COUNCIL Termination date 432 STATES Lotteries; manufacture and sale of printed material and equipment for use in other states or foreign countries 1396 STATUTE OF LIMITATIONS Restrictive covenants; breach; building set-back lines 665 Workers' compensation; asbestos; filing of claim; time period 1586 STEPHENS COUNTY Magistrate court; chief magistrate; nonpartisan elections 3556 STEREOS Motor vehicles; audible at 100 feet or more; penalty 417 STEVE POLK PLAZA Designated 1229 STOCKBRIDGE, CITY OF New charter 4359 STONE MOUNTAIN MEMORIAL ASSOCIATION Additional members; terms 1690 STRUCTURAL PEST CONTROL COMMISSION Licenses; research fees; Division of Entomology of the University of Georgia 1423

Page CLXIII

SUGAR HILL, CITY OF Corporate limits 4696 Homestead exemption; exception; terms and conditions; procedures; applicability; referendum 4675 SUMTER COUNTY Community improvement districts 3592 Treasurer; elected office abolished 3588 SUNDAY Sunday sales of wine by farm wineries 1164 SUPERIOR COURT JUDGES Election cases; powers, duties, and procedures 608 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 SUPERIOR COURTS AIDS transmitting crimes; HIV testing; procedures; disclosure; reports 974 Assistant district attorneys; definition; appointment; child support recovery 744 Atlanta Judicial Circuit; additional judge 278 Atlanta Judicial Circuit; chief judge; Act repealed 1009 Bailable offenses; judicial officer; family violence 1401 Blue Ridge Judicial Circuit; additional judge 280 Clerk; chief deputy clerk; interim service as clerk; limitation 364 Clerks; fees 1324 District attorneys; military service; eligibility for reelection; fines 135 Eastern Judicial Circuit; additional judge 288 Forfeiture; illegal hunting of deer at night; retaining property for use 1782 Forfeiture; property used in illegal drug transactions 886 Guaranteed arrest bond certificate; automobile club; maximum amount 794 Gwinnett Judicial Circuit; additional judge 280 Homicide; one year and a day rule; eliminated 719 Judges; election cases; powers, duties, and procedures 608 Juvenile courts; certain children sentenced to Department of Corrections; effective date amended 959 Personal property; custody; law enforcement agencies; return or disposition 944 Probation shortening; notice and hearing 310

Page CLXIV

Prosecuting Attorneys' Council; administrative or clerical personnel; compensation 1781 Recall Act of 1989; legal sufficiency; hearing Vetoed SB 382 Rockdale Judicial Circuit; additional judge 276 Sheriffs' Retirement Fund of Georgia; fees in civil actions 753 State revenue commissioner; appeals; surety bond 716 Superior Court Judges Retirement System; judges; mandatory retirement Vetoed HB 478 Superior Court Judges Retirement System; postretirement cost-of-living benefit adjustments; withdrawal from eligibility; withdrawal of contributions 300 Superior Court Judges Retirement System; senior judges; judges receiving disability retirement benefits; eligibility for senior judge status 748 Tallapoosa Judicial Circuit; terms of court; beginning of terms 372 SUPREME COURT OF GEORGIA Bill of costs; appeals 411 Georgia Courts Automation Commission; creation; membership; powers, duties, and compensation 634 Justices; Employees' Retirement System of Georgia; mandatory retirement; exceptions Vetoed SB 153 Motion for a rehearing changed to motion for reconsideration 430 SURETY BONDS Agricultural products; dealers; dairy products; exception 1053 Cash bonds; unclaimed; disposition by counties 749 Check cashers; licensed 720 Public works contracts; forfeiture; form 777 Water well contractors and trainees 963 SURVEILLANCE Persons; exemptions 1040 SURVEYING Land surveying; definition 1133 SWINE MYCOBACTERIOSIS Practices and procedures; injunctions; bonds 361 T TAILORS Liens; laundries, cleaners, dyers, and similar establishments; alternative satisfaction; disposal of property 1137

Page CLXV

TALLAPOOSA, CITY OF City manager; tenure; removal 3646 TALLAPOOSA JUDICIAL CIRCUIT Additional assistant district attorney 4750 Judges; district attorney; supplemental expense allowance 4167 Terms of court; beginning of terms 372 TANNING FACILITIES Definitions; warning signs; equipment and maintenance requirement; protective gear; records; civil actions; variances 1411 TATTNALL COUNTY Easement across state property 1207 TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS Vacancy in office; special election; procedures 365 TAYLOR COUNTY Board of commissioners; members; chairman; compensation 4485 TEACHERS Duty-free lunch periods 1630 TEACHERS RETIREMENT SYSTEM OF GEORGIA Board of trustees; membership 274 Certified professional personnel redefined 1546 Employer contributions; ordered military service 996 Members; optional plan; board of regents; contributions 614 TELEPHONE SERVICE Emergency telephone number 911 service; public safety answering point; definition; billing in advance of service 93 TELEPHONE SERVICE CARRIERS Fair Business Practices Act of 1975; cease and desist order; telephone service carrier; billings; liability; 900 or 976 numbers 1346 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040

Page CLXVI

TELEPHONES Merchants; credit card purchases; telephone number; checks; credit card numbers; prohibited; exceptions 1101 Wiretapping, eavesdropping, and surveillance; persons; exemption 1040 TELEVISION Closed circuit television testimony by children who are victims of crime 1377 THE ZELL MILLER MOUNTAIN PARKWAY Designated 2026 THEFT Personal property; damage or theft; liquidated exemplary damages 1126 THEOLOGY Nonpublic Postsecondary Educational Institutions Act of 1990; exemptions 1165 THERAPEUTIC RECREATION PERSONNEL Licenses and certification 1784 THOMASON, MR. JAMES Compensation 1176 THOMSON, CITY OF Conveyance of state property 1273 THOMPSON MILLS FOREST OF THE UNIVERSITY OF GEORGIA State Arboretum of Georgia; designated 1287 TICKETS Athletic events; service charge Vetoed HB 480 TIFT COUNTY Board of commissioners; chairman; compensation; purchasing agent 3636 TIMBER Ad valorem taxation; appraisal, valuation, and assessment 1903

Page CLXVII

TISSUE BANKS Inclusion within definition of clinical laboratories 349 TOBACCO Certified public weighers; surety bond requirement repealed; reference removed 323 TOCCOA, CITY OF Corporate limits 4270 TOILETS Shower heads and faucets; requirements; effective date; sale of certain toilets prohibited 987 TORTS Equine activities; immunity from liability; definitions; exceptions; notice 680 Financial institutions; suspicion of criminal activity; reports; civil liability; immunity 1374 Interest on unliquidated damages 1394 Long-term care facilities; residents; abuse or exploitation; reporting; liability 1601 Oil spills; immunity from liability for persons responding; removal costs; responsible parties 1598 Orders not to resuscitate; authority and regulation; definitions; presumptions; consent; immunity; courts; jurisdiction 1853 Personal property; damage or theft; liquidated exemplary damages 1126 Psychologists; treatment; liability 1059 Stolen motor vehicles and parts 1805 Volunteer transportation services; immunity 1585 TOURISM Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 TRACTORS Farm Tractor Warranty Act; definitions; manufacturer's duties; alternative dispute settlement proceedings 419 TRADE SECRETS Georgia Computer Systems Protection Act; definitions; criminal offenses; liability; penalties; remedies and damages 1045

Page CLXVIII

TRAILERS Annual license fees 434 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Judges; mandatory retirement Vetoed HB 478 TROUP COUNTY Board of elections and registration abolished 3623 TRUSTS Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123 Georgia Trust Act; revision and reorganization of laws relating to trusts 810 TYBEE ISLAND, CITY OF Mayor and council; elections; terms 3554 U UNDERGROUND STORAGE TANKS Environmental assurance fees; amount 1421 UNEMPLOYMENT COMPENSATION FUND Benefits; employer layoffs; claims; computation 139 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Assistant district attorneys; definitions; appointment; child support recovery 744 UNIFORM RULES OF THE ROAD Application; privately owned residential areas; circumstances 1000 UNION CITY, CITY OF Millage rates 3506 UNION COUNTY Coosa Water Authority; boundaries 4155 Notla Water Authority; boundaries 4158

Page CLXIX

UNITED STATES DEPARTMENT OF VETERANS AFFAIRS Guardians of beneficiaries; compensation 1019 UNITED STATES FLAG Petition to Congress to call a convention to propose an amendment to the Constitution of the United States with respect to disrespectful acts regarding the United States or state flags 2041 UNIVERSITY OF GEORGIA State Arboretum of Georgia; designated 1287 State Structural Pest Control Commission; licenses; research fees; Division of Entomology of the University of Georgia 1423 UNLIQUIDATED DAMAGES Interest on unliquidated damages 1394 URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES Municipality; definition; population of 350,000 or more 989 USED CAR DEALERS Used Car Dealers' Registration Act; leasing and rental companies; pawnbrokers; exemptions; licensing; antique automobile dealers; exemption; suspension and revocation of licenses 983 USED CAR DEALERS' REGISTRATION ACT Leasing and rental companies; exemption; pawnbrokers; exemption; antique automobile dealers; exemption 983 UTILITIES Electric; integrated resource planning; definitions; plans; filings; contents; certification; Public Service Commission; supervision 1696 Gas; rates; accounting methods 1705 UTILITY CONTRACTORS Fire sprinkler; installation 1317 V VETERINARY MEDICINE Practice; includes certain dental procedures 375

Page CLXX

VETERANS Veterans Service Board; approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 VETERANS SERVICE BOARD Approval; appointment of administrator of Georgia War Veterans Nursing Home and director of Georgia State War Veterans' Home 330 VITAL RECORDS Birth and death certificates; adoptions; disposition of dead body or fetus; county treasurers 669 Not open to inspection; confidential 1943 VOCATIONAL EDUCATION Income taxes; credits; employers providing basic skills education to employees 1709 State Board of Technical and Adult Education; policy; reduction in force 691 W WALKER COUNTY Probate court; judge; personnel; compensation 4430 Superior court; clerk; personnel; compensation 4434 Tax commissioner; personnel; compensation 4432 Walker County Water and Sewer Utility Authority; creation 3796 WALKER COUNTY WATER AND SEWER UTILITY AUTHORITY Creation 3796 WALTON COUNTY Magistrate court; chief magistrate; appointment and election in lieu of service by judge of the probate court 4234 WARNER ROBINS, CITY OF Corporate limits 4467 Warner Robins Building Authority; creation 3511 WARNER ROBINS BUILDING AUTHORITY Creation 3511

Page CLXXI

WARWICK, CITY OF Mayor and council; terms; elections 4113 WASHINGTON COUNTY Board of education; reconstitution; members terms; elections; districts; chairman; qualifications; vacancies; compensation; superintendent; term; appointment; contract; removal; referendum 3759 Easement across state property 1207 WASTE MANAGEMENT Combined sewer overflows; owners and operators; plans to eliminate or treat overflow 1386 Georgia Hazardous Waste Management Act; definitions 456 Georgia Hazardous Waste Management Authority; definition; composition; executive director; powers and duties of authority 1740 Water and waste-water treatment plant operators and laboratory analysts; definitions; certification; reciprocity 954 WATER AND WASTE-WATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS Definitions; certification; reciprocity 954 WATER POLLUTION AND WASTE Combined sewer overflows; owners and operators; plans to eliminate or treat overflow 1386 WATER RESOURCE CONSERVATION MANAGEMENT STUDY COMMITTEE Creation 1238 WATER WELL CONTRACTORS AND TRAINEES License; bonds; irrevocable letters of credit 963 WATER WELLS Contractors and trainees; license; bonds; irrevocable letters of credit 963 State Water Well Standards Advisory Council; termination date 432 WATERS OF THE STATE, PORTS, AND WATERCRAFT Commercial fishing; licenses; forfeiture bonds or affidavits; fishing day defined; shrimping; penalties 1012 Environmental Policy Act; definitions; purposes 1728 Phosphorus; limits for discharged waste water; Chattahoochee River 1042 River corridors; protection; Department of Natural Resources; duties 1719

Page CLXXII

Rivers; comprehensive assessment; assistance of United States Department of the Interior urged 1745 Surface water; cooperative efforts; abatement; violations; withdrawal, diversion, or impoundment 995 WAYCROSS, CITY OF Downtown Waycross Development Authority; members; appointment; election; terms; tax collection 3792 WAYNE COUNTY Board of education; easement on state property in Wayne County 1277 WEBSTER COUNTY Board of commissioners; creation 3559 WEIGHTS AND MEASURES Commissioner of Agriculture; powers and duties; testing, inspection, and sampling procedures 363 WELCOME CENTERS Department of Industry, Trade, and Tourism; state funding of local welcome centers Vetoed SB 357 WETLANDS CONSERVATION STUDY COMMITTEE Creation 1173 WHITE COUNTY Magistrate court; chief magistrate; nonpartisan nomination and election 3925 WHITFIELD COUNTY Board of education; terms; referendum 3638 Easement on state property for Abutment Road 1250 Magistrate court; magistrate; full-time; election 4550 WILCOX COUNTY Easement across state property 1207 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Children born out of wedlock; inheritance from father; inheritance from children born out of wedlock 660 Corporations; insurable interest in life or physical or mental ability of any of its directors, officers, or employees 1123

Page CLXXIII

Georgia Trust Act; revision and reenactment 810 Guardians; incapacitated adults; limited or permanent; duration; compensation and expenses 1839 Guardians ad litem; lost wills; letters of administration; probate courts; clerks; counties of 100,000 or more 394 Intangible taxes; real estate transfer tax; deeds and instruments; exemption 965 Nonerasable optical image reproduction; evidence; admissibility 787 Year's support; amount; burden of proof; application 948 WILMA G. HARGUS Compensation 1198 WINE Sunday sales of wine by farm wineries 1164 WIRETAPPING Persons; exemptions 1040 WITNESSES Civil practice; application for continuance 376 Law enforcement officers; fees 773 WOODY GLENN HIGHWAY Designated 1240 WORK RELEASE PROGRAMS County inmates; definitions; assignment; revocation; eligibility; costs 1352 WORKERS' COMPENSATION Asbestos; filing of claim; time period 1586 Certain owner-operators of equipment deemed independent contractors 1850 Claims; filed upon receipt or upon mailing by certified or registered mail 359 Department of Natural Resources; volunteer services; expenses; insurance; bonds Vetoed SB 272 Group self-insurance fund; county; definition 947 Group self-insurance fund; municipal independent school systems 369 Joint Workers' Compensation Task Force; creation 1747 Life or accident and sickness insurance plans; self-insured plans for health, dental, short-term disability, or workers' compensation benefits; administrators; licensing 1403 State Board of Workers' Compensation; senior administrative law judge; created 405 Volunteers; certain persons covered 677

Page CLXXIV

WORKS OF FINE ART Fine art; duplication by printers; forms; penalties; civil liability 1161 -X- -Y- YEAR AND A DAY RULE Homicides; elimination 719 YEAR'S SUPPORT Amount; additional years; burden of proof; application 948 YOUNG HARRIS, CITY OF Corporate limits 4747 YOUNGBLOOD, GARVIS Conveyance of state property 1282 -Z- ZELL MILLER MOUNTAIN PARKWAY Designated 2026 ZONING Conflicts of interest; officials 1365

Page CLXXV

POPULATION POPULATION OF GEORGIA COUNTIES County 1990 1980 1970 1960 1950 1940 1930 Appling 15,744 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,213 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,566 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,615 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 39,530 34,686 34,240 34,064 29,706 24,190 22,878 Banks 10,308 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 29,721 21,354 16,859 14,485 13,115 13,064 12,401 Bartow 55,911 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,245 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 14,153 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 149,967 150,256 143,366 141,249 114,079 83,783 77,042 Bleckley 10,430 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 11,077 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,398 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 15,438 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 43,125 35,785 31,585 24,263 24,740 26,010 26,509 Burke 20,579 19,349 18,255 20,596 23,458 26,520 29,224 Butts 15,326 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,013 5,717 6,606 7,341 8,578 10,438 10,576 Camden 30,167 13,371 11,334 9,975 7,322 5,910 6,338 Campbell ..... ..... ..... ..... ..... ..... 9,903 Candler 7,744 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 71,422 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 42,464 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 8,496 7,343 5,680 5,313 4,821 5,246 4,381 Chatham 216,935 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 16,934 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 22,242 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 90,204 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 87,594 74,498 65,177 45,363 36,550 28,398 25,613

Page CLXXVI

Clay 3,364 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 182,052 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,160 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 447,745 297,718 196,793 114,174 61,830 38,272 35,408 Coffee 29,592 26,894 22,828 21,953 23,962 21,541 19,739 Colquitt 36,645 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 66,031 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,456 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 53,853 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 8,991 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 20,011 19,489 18,087 17,768 17,663 17,540 17,343 Dade 13,147 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 9,429 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,511 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 545,837 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 17,607 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 9,901 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 96,311 100,710 89,639 75,680 43,617 28,565 22,306 Douglas 71,120 54,573 28,659 16,741 12,173 10,053 9,461 Early 11,854 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,334 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 25,687 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,949 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,546 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,724 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 15,992 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 62,415 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 81,251 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 44,083 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 16,650 15,185 12,784 13,274 14,446 15,612 15,902

Page CLXXVII

Fulton 648,951 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 13,368 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,357 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 62,496 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 35,072 30,070 23,570 19,228 18,922 18,445 16,846 Grady 20,279 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,793 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 352,910 166,808 72,349 43,541 32,320 29,087 27,853 Habersham 27,621 25,020 20,691 18,116 16,553 14,771 12,748 Hall 95,428 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 8,908 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 21,966 18,422 15,927 14,543 14,663 14,377 13,263 Harris 17,788 15,464 11,520 11,167 11,265 11,428 11,140 Hart 19,712 18,585 15,814 15,229 14,495 15,512 15,174 Heard 8,628 6,520 5,354 5,333 6,975 8,610 9,102 Henry 58,741 36,309 23,724 17,619 15,857 15,119 15,924 Houston 89,208 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,649 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 30,005 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 8,453 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 12,032 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 17,408 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,247 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,329 8,660 7,727 8,048 9,893 12,953 12,681 Jones 20,739 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 13,038 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,531 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 39,988 36,990 32,738 32,313 33,123 33,606 32,693 Lee 16,250 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 52,745 37,583 17,569 14,487 8,444 8,595 8,153

Page CLXXVIII

Lincoln 7,442 6,716 5,895 5,906 6,462 7,042 7,847 Long 6,202 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 75,981 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 14,573 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 20,119 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,634 8,046 7,371 6,364 6,008 5,292 5,763 Macon 13,114 14,003 12,933 13,170 14,213 15,947 16,643 Madison 21,050 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,590 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 22,411 21,229 19,461 19,756 21,055 22,055 22,437 Miller 6,280 7,038 6,424 6,908 9,023 9,998 9,076 Milton ..... ..... ..... ..... ..... ..... 6,730 Mitchell 20,275 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 17,113 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,163 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 12,883 11,572 9,904 10,280 11,899 12,713 12,488 Murray 26,147 19,685 12,986 10,447 10,676 11,137 9,215 Muscogee 179,278 170,108 167,377 158,623 118,028 75,494 57,558 Newton 41,808 34,666 26,282 20,999 20,185 18,576 17,290 Oconee 17,618 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 9,763 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 41,611 26,110 17,520 13,101 11,752 12,832 12,327 Peach 21,189 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 14,432 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 13,328 11,897 9,281 9,678 11,112 11,800 12,522 Pike 10,224 8,937 7,316 7,138 8,459 10,375 10,853 Polk 33,815 32,382 29,656 28,015 30,976 28,467 25,141 Pulaski 8,108 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 14,137 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,209 2,357 2,180 2,432 3,015 3,435 3,820

Page CLXXIX

Rabun 11,648 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 8,023 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 189,719 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 54,091 36,570 18,152 10,572 8,464 7,724 7,247 Schley 3,588 3,433 3,097 3,256 4,036 5,033 5,347 Screven 13,842 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,010 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 54,457 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 23,257 21,761 20,331 18,391 16,647 12,972 11,740 Stewart 5,654 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 30,228 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,524 6,536 6,625 7,127 7,687 8,141 8,458 Taliaferro 1,915 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 17,722 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,642 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,000 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 10,653 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,986 38,098 34,562 34,319 33,932 31,289 32,612 Tift 34,998 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 24,072 22,592 19,151 16,837 17,382 16,952 17,165 Towns 6,754 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 5,994 6,087 5,647 5,874 6,522 7,632 7,488 Troup 55,536 50,003 44,466 47,189 49,841 43,879 36,752 Turner 8,703 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,806 9,354 8,222 7,935 8,308 9,117 8,372 Union 11,993 9,390 6,811 6,510 7,318 7,680 6,340 Upson 26,300 25,998 23,505 23,800 25,078 25,064 19,509 Walker 58,340 56,470 50,691 45,264 38,198 31,024 26,206 Walton 38,586 31,211 23,404 20,481 20,230 20,777 21,118 Ware 35,471 37,180 33,525 34,219 30,289 27,929 26,558

Page CLXXX

Warren 6,078 6,583 6,669 7,360 8,779 10,236 11,181 Washington 19,112 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 22,356 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,263 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 4,903 5,155 4,596 5,342 6,712 8,536 9,149 White 13,006 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 72,462 65,775 55,108 42,109 34,432 26,105 20,808 Wilcox 7,008 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,597 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,228 10,368 9,393 9,250 9,781 11,025 10,844 Worth 19,745 18,064 14,770 16,682 19,357 21,374 21,094 Total 6,478,216 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 Note: The 1990 population counts set forth herein are subject to possible correction for undercount or overcount. The U.S. Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.

Page CLXXXI

POPULATION NUMERICALLY LISTED ACCORDING TO 1990 CENSUS County Population Fulton 648,951 DeKalb 545,837 Cobb 447,745 Gwinnett 352,910 Chatham 216,935 Richmond 189,719 Clayton 182,052 Muscogee 179,278 Bibb 149,967 Dougherty 96,311 Hall 95,428 Cherokee 90,204 Houston 89,208 Clarke 87,594 Floyd 81,251 Lowndes 75,981 Whitfield 72,462 Carroll 71,422 Douglas 71,120 Columbia 66,031 Glynn 62,496 Fayette 62,415 Henry 58,741 Walker 58,340 Bartow 55,911 Troup 55,536 Spalding 54,457 Rockdale 54,091 Coweta 53,853 Liberty 52,745 Forsyth 44,083 Bulloch 43,125 Catoosa 42,464 Newton 41,808 Paulding 41,611 Laurens 39,988 Baldwin 39,530 Thomas 38,986 Walton 38,586 Colquitt 36,645 Ware 35,471 Gordon 35,072 Tift 34,998 Polk 33,815 Sumter 30,228 Camden 30,167 Jackson 30,005 Barrow 29,721 Coffee 29,592 Habersham 27,621 Upson 26,300 Murray 26,147 Effingham 25,687 Decatur 25,511 Toombs 24,072 Stephens 23,257 Meriwether 22,411 Wayne 22,356 Chattooga 22,242 Haralson 21,966 Peach 21,189 Madison 21,050 Jones 20,739 Burke 20,579 Emanuel 20,546 Grady 20,279 Mitchell 20,275 McDuffie 20,119 Crisp 20,011 Worth 19,745 Hart 19,712 Washington 19,112 Elbert 18,949 Harris 17,788 Tattnall 17,722 Oconee 17,618 Dodge 17,607 Jefferson 17,408 Monroe 17,113 Chattahoochee 16,934 Franklin 16,650 Lee 16,250 Ben Hill 16,245 Fannin 15,992 Appling 15,744 Bryan 15,438 Brooks 15,398 Butts 15,326 Lumpkin 14,573 Pickens 14,432 Berrien 14,153 Putnam 14,137 Screven 13,842 Cook 13,456 Gilmer 13,368 Pierce 13,328 Dade 13,147 Macon 13,114 Lamar 13,038 White 13,006 Morgan 12,883 Jeff Davis 12,032 Union 11,993 Early 11,854 Greene 11,793 Rabun 11,648

Page CLXXXII

Brantley 11,077 Telfair 11,000 Terrell 10,653 Wilkes 10,597 Bleckley 10,430 Banks 10,308 Wilkinson 10,228 Pike 10,224 Dooly 9,901 Twiggs 9,806 Oglethorpe 9,763 Bacon 9,566 Dawson 9,429 Seminole 9,010 Crawford 8,991 Hancock 8,908 Evans 8,724 Turner 8,703 Irwin 8,649 McIntosh 8,634 Heard 8,628 Charlton 8,496 Jasper 8,453 Johnson 8,329 Jenkins 8,247 Pulaski 8,108 Randolph 8,023 Candler 7,744 Taylor 7,642 Lincoln 7,442 Montgomery 7,163 Wilcox 7,008 Towns 6,754 Talbot 6,524 Miller 6,280 Atkinson 6,213 Long 6,202 Clinch 6,160 Warren 6,078 Treutlen 5,994 Stewart 5,654 Marion 5,590 Lanier 5,531 Calhoun 5,013 Wheeler 4,903 Baker 3,615 Schley 3,588 Clay 3,364 Glascock 2,357 Echols 2,334 Webster 2,263 Quitman 2,209 Taliaferro 1,915 Total 6,478,216 Note: The population counts set forth herein are subject to possible correction for undercount or overcount. The U.S. Department of Commerce is considering whether to correct these counts and will publish corrected counts, if any, not later than July 15, 1991.

Page CLXXXIII

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

Page CLXXXIV

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 CLXXXV

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 District Senator Address 23 Frank A. Albert Post Office Box 1461, Augusta 30903 2 Roy Allen 1406 Law Drive, Savannah 31401 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 15 Sanford Bishop Post Office Box 709, Columbus 31902 13 Rooney L. Bowen Post Office Box 1238, Cordele 31015 46 Paul C. Broun 165 Pulaski Street, Athens 30610 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 37 Charles C. Clay 49 Atlanta Street, 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 1805 Overlook Drive, Suite A, Conyers 30208 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 31 Nathan Dean Post Office Box 606, Rockmart 30153 6 Earl Echols, Jr. Post Office Box 352, Patterson 31557 28 Arthur B. Edge IV 15 Jefferson Street, Newnan 30263 40 Michael J. Egan Room 304B Legislative Office Building Atlanta 30334 21 W. F. English 214 Golf Drive, Swainsboro 30401 50 John C. Foster Post Office Box 100, Cornelia 30531 30 Wayne Garner Post Office Box 2278, Carrollton 30117 20 Hugh M. Gillis, Sr. Post Office Box 148, Soperton 30457 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520

Page CLXXXVI

27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 51 William G. Hasty, Jr. Route Nine, Hilton Way, Canton 30114 55 Steve Henson 5722 Wells Circle, Stone Mountain 30087 4 Jack Hill Post Office Box 496, Reidsville 30453 14 George Hooks Post Office Box 928, Americus 31709 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 47 C. Donald Johnson, Jr. Post Office Box 27, Royston 30662 25 Culver Kidd Post Office Box 370, Milledgeville 31061 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W., Atlanta 30331 52 Richard O. Marable 76 River Lane, Rome 30161 34 Judy Moye Post Office Box 206, Fayetteville 30214 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 18 Sonny Perdue Post Office Box 98, Bonaire 31005 7 Ed Perry Post Office Box 925, Nashville 31639 9 R. T. Phillips 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 54 Tom Ramsey Post Office Box 1130, Chatsworth 30705 19 Walter S. Ray Post Office Box 295, Douglas 31533 16 Pete Robinson Post Office Box 12, Columbus 31902 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

Page CLXXXVII

42 Cathy Steinberg 1841 C. Briarcliff Circle, N.E., Atlanta 30329 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 12 Mark Taylor Post Office Box 1156, Albany 31702 33 Steve Thompson 5264 Seamus Way, Powder Springs 30073 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 22 Charles W. Walker 1402 12th Street, Augusta 30901 43 Eugene P. Walker 2231 Chevy Chase Lane, Decatur 30032 48 Donald L. White 150 Bayswater Drive, Suwanee 30174

Page CLXXXVIII

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1991-1992 District Senator Address 1 J. Tom Coleman, Jr. Post Office Box 22398, Savannah 31403 2 Roy Allen 1406 Law Drive, Savannah 31401 3 R. Joseph Hammill 1108 Marshview Drive, Brunswick 31520 4 Jack Hill Post Office Box 496, Reidsville 30453 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 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 George Hooks Post Office Box 928, Americus 31709 15 Sanford Bishop Post Office Box 709, Columbus 31902 16 Pete Robinson Post Office Box 12, Columbus 31902 17 Mac Collins Post Office Box 3617, Jackson 30233 18 Sonny Perdue Post Office Box 98, Bonaire 31005 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

Page CLXXXIX

22 Charles W. Walker 1402 12th Street, Augusta 30901 23 Frank A. Albert Post Office Box 1461, Augusta 30903 24 G. B. Pollard, Jr. Post Office Box 6, Appling 30802 25 Culver Kidd Post Office Box 370, Milledgeville 31061 26 Tommy C. Olmstead Post Office Box 208, Macon 31202 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 28 Arthur B. Edge IV 15 Jefferson Street, Newnan 30263 29 A. Quillian Baldwin, Jr. Post Office Box 1364, LaGrange 30241 30 Wayne Garner Post Office Box 2278, Carrollton 30117 31 Nathan Dean Post Office Box 606, Rockmart 30153 32 Hugh A. Ragan 4010 West Cooper Lake Drive, Smyrna 30082 33 Steve Thompson 5264 Seamus Way, Powder Springs 30073 34 Judy Moye Post Office Box 206, Fayetteville 30214 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 49 Atlanta Street, Marietta 30060 38 Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 40 Michael J. Egan Room 304B Legislative Office Building Atlanta 30334 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 42 Cathy Steinberg 1841 C. Briarcliff Circle, N.E., Atlanta 30329 43 Eugene P. Walker 2231 Chevy Chase Lane, Decatur 30032 44 Terrell Starr Post Office Box 545, Forest Park 30051 45 Harrill L. Dawkins 1805 Overlake Drive, Suite A, Conyers 30208 46 Paul C. Broun 165 Pulaski Street, Athens 30610

Page CXC

47 C. Donald Johnson, Jr. Post Office Box 27, Royston 30662 48 Donald L. White 150 Bayswater Drive, Suwanee 30174 49 J. Nathan Deal Post Office Box 2522, Gainesville 30503 50 John C. Foster Post Office Box 100, Cornelia 30531 51 William G. Hasty, Jr. Route Nine, Hilton Way, Canton 30114 52 Richard O. Marable 76 River Lane, Rome 30161 53 Waymond C. Huggins Post Office Box 284, LaFayette 30728 54 Tom Ramsey Post Office Box 1130, Chatsworth 30705 55 Steve Henson 5722 Wells Circle, Stone Mountain 30087 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328

Page CXCI

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

Page CXCII

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 CXCIII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 District Representative Address 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 1555 Reagan Circle Conyers 30207 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 140 Ralph J. Balkcom Route One Blakely 31723 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. Post Office Box 915 Bainbridge 31717 12 Michael A. Beatty Route 1, Box 1894 Jefferson 30549 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 104 Kenneth W. Birdsong Route One Gordon 31031 150 Peg Blitch Post Office Box 335 Homerville 31634 122 Tom Bordeaux 126 East Liberty Street Savannah 31401 138 Henry Bostick Post Office Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route Four, Box 5315 Fitzgerald 31750 60 Keith Breedlove Post Office Box 165 Buford 30518 34 Tyrone Brooks Post Office Box 11185 Atlanta 30310-0185

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88 George M. Brown Post Office Box 1114 Augusta 30903 83 B. Joseph Brush, Jr. 4160 Wheeler Road Martinez 30907 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 72-Post 5 Gail M. Buckner Post Office Box 2374 Forest Park 30051 153-Post 2 Roger Byrd Post Office Box 756 Hazlehurst 31539 23 Thomas R. Campbell, Jr. 1088 Canton Street Roswell 30075 38 Henrietta M. Canty 487 Lynn Valley Road, S.W. Atlanta 30311 65 Tyrone Carrell Post Office Box 561 Monroe 30655 146 Hanson Carter Post Office Box 711 Nashville 31639 72-Post 4 John M. Chafin Post Office Box 158 Forest Park 30051 133 Tommy Chambless Post Office Box 2008 Albany 31703-2001 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E. M. Childers 28 Surrey Trail Rome 30161 20-Post 4 Eugene T. Clark 1833 Kimberly Drive Marietta 30060 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 13-Post 1 Louie M. Clark Route Two Danielsville 30633 21-Post 2 Lynda Coker Post Office Box 578 Marietta 30061 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 97 Ron Culbreth Post Office Box 4781 Columbus 31904 17 Bill Cummings 735 Morgan Valley Road Rockmart 30153 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

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128 Sonny Dixon Post Office Box 18266 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 2159 Butler 31006 103 Wayne A. Elliott 201 Second Street, Liberty Tower Macon 31298 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 155 Ronald Fennel Post Office Box 2478 Brunswick 31521 154 James Marvin Floyd Post Office Box 1009 Hinesville 31313 135 Johnny W. Floyd Post Office Box 5260 Cordele 31015 75 Crisp B. Flynt P.O. Drawer A Griffin 30224 110 John Godbee 401 Lane Street Brooklet 30415 148 Tim Golden 821 West Cranford Avenue Valdosta 31602 63 Bill Goodwin 6260 Indian River Drive Norcross 30092 106 George F. Green 1431 Howard Lewis Road White Plains 30678 130 Gerald E. Greene Route Three, Box 316 Cuthbert 31740 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 20-Post 5 John W. Hammond Post Office Box 548 Marietta 30061 131 Robert Hanner Post Office Box 310 Dawson 31742 96 Jed Harris Post Office Box 8664 Columbus 31908 84 Robert Harris 969 Ginger Hill Road, N.E. Thomson 30824 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 57-Post 2 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 76 Suzi Herbert 110 Partridge Path Griffin 30223

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36 Anthony Hightower Post Office Box 87290 College Park 30337 136 Ray Holland Post Office Box 1988 Ashburn 31714 28 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 85 Henry Howard 2047 Martin Luther King Boulevard Augusta 30901 117 Newt Hudson Route One, Box 29A Rochelle 31079 57-Post 1 David B. Irwin Post Office Box 410 Conyers 30207 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 80 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 71 Sidney Jones 15 Atkinson Street Newnan 30263 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 72-Post 3 Glynda B. King 42 Avalon Way Riverdale 30274 125 Jack H. Kingston 29 Island Drive Savannah 31406 21-Post 4 Kip Klein 3966 Jefferson Township Parkway Marietta 30066 44 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 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 30703 49 Thomas E. Lawrence 2283 Stratmore 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 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

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6-Post 2 Harold Mann Post Office Box 1927 Dalton 30722 26 Jim Martin 44 Broad Street, Suite 500 Atlanta 30303 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 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 123 John Merritt 3206 College Street Thunderbolt 31404 81 Wade Milam Post Office Box 1361 LaGrange 30241 20-Post 2 Debra Mills Post Office Box 243 Powder Springs 30073 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 153-Post 1 Lundsford Moody Route One, Box 205 Baxley 31513 62 Emory Morsberger 5351 Lassiter Drive Stone Mountain 30087 93 Roy D. Moultrie Post Office Box 119 Hamilton 31811 126 Anne Meuller 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 480D Towncenter 150 East Ponce de Leon Avenue Decatur 30030 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30503 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 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 127 Dorothy P. Pelote Post Office Box 1802 Savannah 31401

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5 Tim Perry 379 Park Avenue Trion 30753 19 Hugh Boyd Pettit III Post Office Box 1256 Cartersville 30120 8-Post 2 Garland F. Pinholster Route Four, Box 170 Ballground 30107 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 988 Ringgold 30736 13-Post 2 Alan T. Powell Post Office Box 248 Hartwell 30643 145 C. J. Powell Post Office Box 2534 Moultrie 31776-2534 129 Ann R. Purcell Route 2, Box 193 Baker Hill Road Rincon 31326 101 William C. Randall Post Office Box 121 Macon 31202 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 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 144 A. Richard Royal Post Office Drawer 607 Camilla 31730 32 Helen Selman 12525 Jones Ferry Road Palmetto 30268 47 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 70 John Simpson 302-A Newnan Street Carrollton 30117 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 116 Jimmy Skipper Post Office Box 488 Americus 31709 78 Larry Smith Post Office Box 4155 Jackson 30233 16 Paul E. Smith Post Office Box 486 Rome 30162 152 Tommy Smith Route One Alma 31510

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156 Willou Smith 10 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 68 Lawton E. Stephens Post Office Box 8064 Athens 30603-8064 139 Van Streat, Sr. Post Office Box 95 Nicholls 31554 94 Maretta M. Taylor Post Office Box 12387 Columbus 31907 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 55 Nadine Thomas 1375 Town Country Drive Atlanta 30316 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 56 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 52 Rita Valenti 600 Northern Avenue, F-301 Clarkston 30021 20-Post 1 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 113 Jay Walker Post Office Box 508 Centerville 31028 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 1385 Hogansville 30230

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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 T. Williams Eight East Lake Drive, N.E. Atlanta 30317 90 Robin L. Williams Post Office Box 15993 Augusta 30919 14 Charles Yeargin Post Office Box 584 Elberton 30635 134 Mary Young-Cummings 307 Whitney Avenue Albany 31701

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1991-1992 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 988 Ringgold 30736 3 Charles Poag Post Office Box 441, Harris Street Eton 30724 4-Post 1 Carlton H. Colwell Post Office Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs Post Office Box 432 Hiawassee 30546 5 Tim Perry 379 Park Avenue Trion 30753 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 6-Post 2 Harold Mann Post Office Box 1927 Dalton 30722 7 James Beverly Langford Post Office Box 277 Calhoun 30703 8-Post 1 Steve Stancil Post Office Box 1421 Canton 30114 8-Post 2 Garland F. Pinholster Route Four, Box 170 Ballground 30107 9-Post 1 Wyc Orr, Sr. Post Office Box 2944 Gainesville 30503 9-Post 2 Bobby Lawson Post Office Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson Post Office Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett Post Office Box 755 Cumming 30130 11-Post 1 William J. Dover Route Two, Timbrook Clarkesville 30523 11-Post 2 Jeanette Jamieson Post Office Box 852 Toccoa 30577 12 Michael A. Beatty Route 1, Box 1894 Jefferson 30549 13-Post 1 Louie M. Clark Route Two Danielsville 30633 13-Post 2 Alan T. Powell Post Office Box 1278 Hartwell 30643

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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 30162 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 Debra Mills Post Office Box 243 Powder Springs 30073 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 20-Post 4 Eugene T. Clark 1833 Kimberly Drive Marietta 30060 20-Post 5 John W. Hammond Post Office Box 548 Marietta 30061 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 21-Post 2 Lynda Coker Post Office Box 578 Marietta 30061 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30082 21-Post 4 Kip Klein 3966 Jefferson Township Parkway Marietta 30066 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 Street 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 500 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

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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 Anthony Hightower Post Office Box 87290 College Park 30337 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Henrietta M. Canty 487 Lynn Valley Road, 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 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 45 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 46 Doug Teper 1396 Sylvan Circle Atlanta 30319 47 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 49 Thomas E. Lawrence 2283 Stratmore Drive Stone Mountain 30087 50 Frank Redding Post Office Box 117 Decatur 30030 51 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 52 Rita Valenti 600 Northern Avenue, F-301 Clarkston 30021 53 Mary Margaret Oliver 480D Towncenter 150 East Ponce de Leon Avenue Decatur 30030 54 Juanita T. Williams Eight East Lake Drive, N.E. Atlanta 30317

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55 Nadine Thomas 1375 Town Country Drive Atlanta 30316 56 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 57-Post 1 David B. Irwin Post Office Box 410 Conyers 30207 57-Post 2 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 57-Post 3 Dean Alford 1555 Reagan Circle Conyers 30207 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 Emory Morsberger 5351 Lassiter Drive Stone Mountain 30087 63 Bill Goodwin 6260 Indian River 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 Glynda B. King 42 Avalon Way Riverdale 30274 72-Post 4 John M. Chafin Post Office Box 158 Forest Park 30051 72-Post 5 Gail M. Buckner Post Office Box 2374 Forest Park 30051 73 Wesley Dunn Post Office Box 353 McDonough 30253 74 Denny Michael Dobbs Post Office Box 3020 Covington 30209

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75 Crisp B. Flynt P.O. Drawer A Griffin 30224 76 Suzi Herbert 110 Partridge Path Griffin 30223 77 J. Crawford Ware Post Office Box 1385 Hogansville 30230 78 Larry Smith Post Office Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 81 Wade Milam Post Office Box 1361 LaGrange 30241 82 Edward D. Ricketson, Jr. Post Office Drawer 732 Warrenton 30828 83 B. Joseph Brush, Jr. 4160 Wheeler Road Martinez 30907 84 Robert Harris 969 Ginger Hill Road Thomson 30824 85 Henry Howard 2047 Martin Luther King Boulevard 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 Robin L. Williams Post Office Box 15993 Augusta 30919 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 Maretta M. Taylor Post Office Box 12387 Columbus 31907 95 Thomas B. Buck III Post Office Box 196 Columbus 31902 96 Jed Harris Post Office Box 8664 Columbus 31908 97 Ron Culbreth Post Office Box 4781 Columbus 31904 98 Robert Ray Route Four, Box 1071 Fort Valley 31030 99 Denmark Groover Post Office Box 755 Macon 31202

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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 Wayne A. Elliott 201 Second Street, Liberty Tower Macon 31298 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 2159 Butler 31006 113 Jay Walker Post Office Box 508 Centerville 31028 114 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 115 Larry Walker Post Office Box 1234 Perry 31069 116 Jimmy Skipper Post Office Box 488 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 Tom Bordeaux 126 East Liberty Street Savannah 31401 123 John Merritt 3206 College Street Thunderbolt 31404 124 DeWayne Hamilton Post Office Box 14562 Savannah 31406 125 Jack Kingston 29 Island Drive Savannah 31406

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126 Anne Meuller 13013 Hermitage Road Savannah 31419 127 Dorothy P. Pelote Post Office Box 1802 Savannah 31401 128 Sonny Dixon Post Office Box 18266 Garden City 31408 129 Ann R. Purcell Route 2, Box 193 Baker Hill Road Rincon 31326 130 Gerald E. Greene Route Three, Box 316 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 W. Floyd Post Office Box 5260 Cordele 31015 136 Ray Holland Route 2, Post Office Box 824 Ashburn 31714 137 Paul S. Branch, Jr. Route Four, Box 5315 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. Post Office Box 915 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 Tim Golden 821 West Cranford Avenue Valdosta 31602 149 Robert L. Patten Route One, Box 180 Lakeland 31635 150 Peg Blitch Post Office Box 335 Homerville 31634

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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 Post Office Box 2478 Brunswick 31521 156 Willou Smith 10 Saint Andrews Court Riverfront Plaza Brunswick 31520

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1990 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 ----- 5 15 1989 Ex. Sess. 1 ----- ----- 1 1990 68 ----- 6 62 TOTALS 1275 43 89 1143

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REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23: Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 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 For 154 Agn 164

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McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 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 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 65; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13

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DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 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 (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

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Colquitt 2830 City of Moultrie 10- 1-56 * * City vote: West Moultrie Area: For1986; Agn169 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 vote: Area 1-West Moultrie Area: For 99; Agn 57 Area 2-Colonial Heights Area: For145; Agn 83 Area 3-Crestwood Gardens Area: For 27; Agn 87 Area 4-East Moultrie Area: For 41; Agn147 Area 5-Tifton Highway Area: For 29; Agn107 Area 6-Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 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 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

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Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41, Agn 159

Page CCXVII

Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 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 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99

Page CCXVIII

Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; 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 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934

Page CCXIX

Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 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 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283

Page CCXX

Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 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 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41

Page CCXXI

Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 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: For 39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256

Page CCXXII

Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 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: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For 1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

Page CCXXIII

Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 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 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 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 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45

Page CCXXIV

Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For 1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For 1413 Agn 710

Page CCXXV

Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For 1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For 1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291

Page CCXXVI

Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629 Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For 1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 276 Agn 522 Cobb 2127 City of Smyrna Election Results Not Known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38

Page CCXXVII

Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election Results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 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 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 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 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known

Page CCXXVIII

Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 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 For 8; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949

Page CCXXIX

Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806

Page CCXXX

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held

Page CCXXXI

Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn 26 Outside City vote: For 41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245

Page CCXXXII

Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 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 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page CCXXXIII

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11- 6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held

Page CCXXXIV

Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 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 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129

Page CCXXXV

Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 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 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn-58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page CCXXXVI

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 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

Page CCXXXVII

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 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 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 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79

Page CCXXXVIII

Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 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 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page CCXXXIX

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Applint 2681 Certain County Officerscompensation 6-17-64 For 2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873

Page CCXL

McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 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) For 509 Agn 502 For 692 Agn 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368

Page CCXLI

Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 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 For 933 Agn 863

Page CCXLII

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 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 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page CCXLIII

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 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 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31

Page CCXLIV

Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 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 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page CCXLV

Georgia Laws, 1966: County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11- 8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11- 8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4- 2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4- 2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11- 8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For2504 Agn5173 Adamsville For 198 Agn 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105

Page CCXLVI

Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page CCXLVII

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9-1-67 For 33 Agn 3 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 For 663 Agn 570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135

Page CCXLVIII

Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4-3-67 For 41 Agn 0

Page CCXLIX

Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5-3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9-6-67 For 454 Agn 52 Pike 3152 County Board of Education 9-6-67 For 441 Agn 65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsville 11-7-67 Pulaski County school merger For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5-2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page CCL

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 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 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 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

Page CCLI

Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761

Page CCLII

Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 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 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377

Page CCLIII

Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page CCLIV

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Results Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245

Page CCLV

DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 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. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205

Page CCLVI

Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- -3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162

Page CCLVII

Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293

Page CCLVIII

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For 2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For 57 Agn 51 Bryan 3191 City of Richmond Hill 5-26-70 For 84 Agn 154 Bulloch 2790 County Board of Education 6-10-70 For 903 Agn 698 Calhoun 2361 Sheriff Personnel 4-23-70 For 121 Agn 120 Camden 3278 Tax Commissioner 11- 3-70 For 648 Agn 476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For 49 Agn 114 Charlton 3270 County Board of Education 5-19-70 For 293 Agn 307 Charlton 3274 County Commissioners 5-19-70 For 272 Agn 328 Chatham 2018 Town of Thunderbolt 4-14-70 For 306 Agn 29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For 339 Agn 205 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 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595

Page CCLIX

Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2 539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 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 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For 482 Agn 156 Mitchell 2632 County School Superintendent 6-16-70 For 287 Agn 350

Page CCLX

Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 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 For 807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page CCLXI

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 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 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 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 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049

Page CCLXII

County Page No. SUBJECT Date of Election Result Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477

Page CCLXIII

Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730

Page CCLXIV

Georgia Laws, 1971, Extra session: County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11- 2-71 For10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043

Page CCLXV

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 * For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sect. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 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 * For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 * For 940 Agn 1,377

Page CCLXVI

Brantley 3145 Salary of deputy sheriffs 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 * For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 * For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Election Results Not Known Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 * Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 * Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 * Demo. For 683 Agn 1,050 Rep. For 1 Agn 0

Page CCLXVII

Camden 3770 Small Claims Court of Camden County 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. Demo. For 926 Agn 801 Rep. For 1 Agn 0 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 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386

Page CCLXVIII

Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County Commissioners 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. For 1,410 Agn 616 Heard 2113 Board of County Commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 * For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 * For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 * For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 * For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 * For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 * For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total For 93 Agn 135

Page CCLXIX

McIntosh 2852 City of Darien 11- 7-72 * * Ga. L. 1973, p. 2268 changed date of election. Not Held Macon 2322 Board of County Commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of County School Superintendent 11- 7-72 * For 921 Agn 2,145 Peach 3212 Appt. of County School Superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49

Page CCLXX

Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 * * Ga. L. 1973, p. 2268 changed date of the election. For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 * For 654 Agn 608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page CCLXXI

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 Yes 45 No 588 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 For 3,157 Agn 6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For 1,818 Agn 1,591 Clarke 2367 City of Athens 5-31-73 For 2,430 Agn 1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes 1,809 No 1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For 1,326 Agn 1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 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 #

Page CCLXXII

Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page CCLXXIII

Georgia Laws, 1974: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11- 5-74 # # Date of General Primary 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11- 5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4- 1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11- 5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11- 5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11- 5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11- 5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6- 8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6- 1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12- 4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 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

Page CCLXXIV

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 # # Date of General Election 11-5-74. Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434, 559 No: 363, 947 ***Common Day of Rest Act results tabulated infra.

Page CCLXXV

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

Page CCLXXVI

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

Page CCLXXVII

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 CCLXXVIII

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. 2 240 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

Page CCLXXIX

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 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 act was on a population basis and affects only Chatham County)

Page CCLXXX

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

Page CCLXXXI

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 * * Date of Presidential Preference Primary Election (May 4, 1976). Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11- 2-76 ** ** Date of November 2, 1976 General Election. Yes: 802 No: 352

Page CCLXXXII

Georgia Laws, 1977: County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11- 7-78 * * Date of November 7, 1978 General Election. Yes: 151 No: 95 Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes: 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5- 9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11- 7-78 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1,618 No: 744 Schley 2952 County Commissionersterms staggered 11- 7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11- 7-78 * Yes: 167 No: 58 Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1,375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1,042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1,158 Towns 3974 County Board of Education and County School Superintendent 2- 2-78 Yes: 1,014 No: 1,384 This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page CCLXXXIII

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

Page CCLXXXIV

Thomas 3746 Tax Commissioner 11- 7-78 * * Date of General Election 1978 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 ** ** Date of General Primary 1978 Yes: 1,067 No: 805 Whitfield 3365 City of Varnell Not Held (Civil Action File No. 18,462) 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 CCLXXXV

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 CCLXXXVI

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 Catoosa 4250 Board of Education 8- 5-80 Yes: 3,156 No: 4,464 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 3-11-80 Yes: 324 No: 653 (City of Dublin) McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell 3914 Elections etc. 6- 3-80 Yes: 254 No: 392 (City of Pelham) 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 5-17-80 Yes: 10 No: 0 (City of Cohutta)

Page CCLXXXVII

Georgia Laws, 1981: County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes Chatham Change the corporate limits of said city 6-25-81 Corporate limits (City of Tybee Yes: 222 No: 60 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 * * To be held same date as the 1982 General Primary Election. 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 CCLXXXVIII

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 4295 Corporate limits 6-22-82 Corporate Limits (Town of Thunderbolt) Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200

Page CCLXXXIX

Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000) 11- 2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11- 2-82 Yes 1,623 No 1,020 DeKalb * * These are 1981 laws that were required to be held in 1982. 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11- 2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6- 1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4- 6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230

Page CCXC

Jackson 4012 Jackson County school district merged 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

Page CCXCI

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 CCXCII

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

Page CCXCIII

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

Page CCXCIV

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 CCXCV

Georgia Laws, 1984: County Page No. SUBJECT Date of Election Result Statewide 520 Ad Valorem taxation of propertyadditional exemption 11- 6-84 Yes: 718,467 No: 464,620 Statewide 788 Ad Valorem taxation of propertyexemption of certain motor vehicles 11- 6-84 Yes: 900,688 No: 345,204 Statewide 1253 Ad Valorem taxation of propertyexemption of nonprofit homes for mentally handicapped 11- 6-84 Yes: 933,343 No: 295,707 Berrien 4823 Board of Commissioners of Berrien County act creating board amended 5-15-84 Yes: 211 No: 1,008 Butts 3588 Office of Treasurer abolished 3-13-84 Yes: 921 No: 791 Camden 3848 Homestead Exemptions for persons 62 and older 11- 6-84 Yes: 2,577 No: 481 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 3-13-84 Yes: 1,734 No: 4,060 Columbia 4609 Columbia County School District additional homestead exemption for certain persons over 62 11- 6-84 No Election Held Coweta Fulton City of Palmetto 4390 City of PalmettoTerm of Office of Mayor and Councilmen 8-14-84 No Election Held Coweta 3704 Coweta County Board of EducationCompositionElection and terms of office of members 11- 6-84 Yes: 7,190 No: 2,328 Crisp 4352 Crisp County CommissionersNumber, Election Districts, Etc. 11- 6-84 Yes: 1,253 No: 760

Page CCXCVI

Dade 3575 Board of educationElection of members, Etc. 3-13-84 Yes: 987 No: 367 Dade 3564 Board of Commissionerscreated 3-13-84 Yes: 629 No: 777 Dodge 3531 Appointed School Superintendent 3-13-84 Yes: 585 No: 2,235 Forsyth 4144 Authorized to impose business and occupational license taxes 11- 6-84 Yes: 4,290 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. 3-13-84 Yes: 24,258 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. 8-14-84 Yes: 2,222 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. 3-13-84 Yes: 1,347 No: 707 Harris 3766 Homestead Exemptions 8-14-84 Yes: 1,750 No: 375 Jones 3926 Homestead Exemptions 8-14-84 Yes: 2,476 No: 453 Jones 4459 Board of Education of Jones County Reconstituted 8-14-84 Yes: 2,206 No: 583 McIntosh 4103 Board of Education of McIntosh County Terms of Office of Members 5-15-84 Yes: 629 No: 239

Page CCXCVII

McIntosh 4106 Appointment of School Superintendent by Board of Education 5-15-84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead Exemptions 11- 6-84 Yes: 1,170 No: 45 Putnam 4657 Additional Homestead Exemption for persons 65 or older 8-14-84 Yes: 1,249 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed 11- 6-84 Yes: 26,594 No: 9,857 Rockdale City of Conyers 4884 Homestead exemption for persons 62 and over 5-26-84 Yes: 91 No: 2 Stewart 3513 Board of Commissioners CreatedElection, terms of office, Compensation, Etc. 3-13-84 Yes: 625 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. 5-15-84 Yes: 316 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. 5-15-84 Yes: 311 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. 8-14-84 Yes: 2,496 No: 838

Page CCXCVIII

Upson 3729 Upson County Board of CommissionersCommissioner Districts, Etc. 4-17-84 Yes: 708 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education 11- 6-84 Yes: 1,903 No: 2,650 Wayne 3971 Wayne County Board of EducationEducation Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of EducationElection of members, Etc. 3-13-84 Yes: 425 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. 8-14-84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead Exemptions 8-14-84 Yes: 458 No: 47

Page CCXCIX

Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Bacon 4823 Board of Education; Elections 6-25-85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption from Baldwin County School District Ad Valorem taxes 8-12-86 Yes: 1,999 No: 493 Bleckley 4406 Board of Commissioners; Created 11- 4-86 Yes: 887 No: 1,156 Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Burke 4481 Board of Education; Elections 9- 3-85 Yes: 754 No: 673 Candler 4975 Board of Commissioners; Membership; Elections; Chairman; Powers; Referendum 6-11-85 Yes: 279 No: 116 Carroll 3945 Board of Education; School Superintendent; Referendum 9-10-85 Question 1: Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum 11- 4-86 Yes: 302 No: 128 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office: Referendum 11- 5-85 Yes: 789 No: 511

Page CCC

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

Page CCCI

Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections: Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not precleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 Pierce 4836 Board of Commissioners; Elections; Referendum 11- 5-85 Yes: 386 No: 169 Pierce 4841 Board of 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 CCCII

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

Page CCCIII

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

Page CCCIV

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

Page CCCV

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

Page CCCVI

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 CCCVII

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

Page CCCVIII

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

Page CCCIX

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

Page CCCX

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 CCCXI

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 3573 Ben Hill Co. Public School System; Merger with School 6-21-88 Yes: 517 No: 801 City of Fitzgerald System of City of Fitzgerald 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 CCCXII

REFERENDUM ELECTION RESULTS: ACTS OF 1988 SESSION OF THE GENERAL ASSEMBLY 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

Page CCCXIII

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

Page CCCXIV

Jeff Davis Referendum Not Held City of Hazlehurst 4861 Advisory Referendum regarding Sales of Beer and Wine 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 Reorganized Government of City and Richmond County; City of Augusta 3987 Repeal of City Charter 11- 8-88 Yes: 7,180 No: 4,789 Rockdale and County: City of Conyers 3899 County Charter Commission Creation 11-14-89 Yes: 3,760 No: 2,768 City: Yes: 338 No: 668

Page CCCXV

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 Sumter County Public School System-Creation; Merger of Sumter County: City of Americus 3550 Sumter County and City of Americus School Systems 6-21-88 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 CCCXVI

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 Corporate Limits: Wentworth 5105 City of Port WentworthCorporate Limits 9-12-89 Yes: 292 No: 58 Unincorporated Area: Yes: 50 No: 24 Cherokee 4295 Cherokee County Board of Commissioners; Creation 11- 7-89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of Athens Redevelopment Powers 11- 7-89 Yes: 919 No: 725 Clayton 4905 Clayton County Board 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 County Redevelopment Powers 7-17-90 Yes: 27,511 No: 27,847 Cobb City of Smyrna 3878 City of Smyrna Homestead Exemption 4- 4-89 Yes: 1,714 No: 107 Cobb City of Smyrna 4896 City of Smyrna Homestead Exemption 4- 4-89 Yes: 1,641 No: 156 Dougherty City of Albany 4802 City of Albany Mayor and Commissioners; Elections; Terms 8- 8-89 Yes: 11,373 No: 2,489 Dougherty City of Albany 4062 City of Albany Homestead Exemption 8- 8-89 Yes: 12,173 No: 1,553 Effingham Town of Rincon 4024 Town of Rincon Homestead Exemption 11- 7-89 Yes: 427 No: 27

Page CCCXVII

Fannin City of Blue Fannin County: Ridge 3823 City of Blue Ridge New Charter 5-27-89 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 district Homestead Exemption 11- 6-90 Yes: 44,047 No: 7,769 Harris Referendum Not Held City of Shiloh 4084 City of Shiloh Homestead Exemption Henry 4829 Henry County Board of Commissioners; Chairman; Election Superseded by Ga. L. 1990, p. 5232 Liberty City of Superseded by Hinesville 4782 City of Hinesville Mayor and Council; Elections; Terms; Districts Ga. L. 1990, p. 4047 Repealed by Lowndes 3578 Lowndes Board of Education; Number of Members; Districts; Elections; Vacancies Ga. L. 1990, p. 3529 Spalding 3802 Griffin-Spalding County Charter Commission Creation 4-9-91 Yes: 2,957 No: 5,549 Whitfield 4901 Whitfield County Board of Education; Terms; Elections Referendum Not Held

Page CCCXVIII

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 CCCXIX

Georgia Laws, 1990: County Page No. SUBJECT Date of Election Result Appling 4142 Board of Commissioners; Terms 11- 6-90 Yes: 1,759 No: 908 Appling 4720 Board of Education; Members; Terms 11- 6-90 Yes: 1,767 No: 900 Ben Hill 4435 Board of Education; Elections; Terms; Districts; Vacancies 8-28-90 Yes: 238 No: 22 Ben Hill City of Fitzgerald 4146 Homestead Exemption 11-20-90 Yes: 722 No: 100 Berrien 4703 Board of Commissioners; Salary; Composition Referendum Not Held Catoosa 4481 Comprehensive Land Use Plan; Advisory Referendum 7-17-90 Yes: 2,276 No: 1,651 Catoosa 4984 School District; Homestead Exemption 11- 6-90 Yes: 6,069 No: 1,495 Charlton City of Folkston 4217 Corporate Limits Referendum Not Held Chatham 3992 Board of Commissioners; Chairman; Term 11- 6-90 Yes: 23,981 No: 7,149 Chatham City of Pooler 4202 Homestead Exemption 11- 6-90 Yes: 645 No: 64 Chatham 5146 Homestead Exemption 11- 6-90 Yes: 25,777 No: 5,162 Chatham City of Savannah 3995 Mayor; Terms 11- 6-90 Yes: 12,513 No: 4,729 Clarke 4711 Board of Education; Membership; Elections 11- 6-90 Yes: 13,458 No: 3,288 Clarke and City of Athens 3560 Unified Government: Officers; Employees; Powers; Duties 8- 7-90 Yes: 11,572 No: 8,110 Clayton 4632 School Superintendent; Election 11- 6-90 Yes: 21,629 No: 11,275

Page CCCXX

Clayton 4378 Governing Authority; Millage Rates 11- 6-90 Yes: 19,433 No: 12,594 Clayton 4635 Board of Education; Election; Terms; Districts 11- 6-90 Yes: 16,902 No: 15,137 Clayton City of Riverdale 5267 Homestead Exemption 10-13-90 Yes: 797 No: 100 Cobb City of Marietta 4390 Ad Valorem Tax; Public Schools Referendum Not Held Crawford 4331 Board of Commissioners; Salary 11- 6-90 Yes: 294 No: 1,184 DeKalb 3978 Homestead Exemption 11- 6-90 Yes: 47,225 No: 56,619 DeKalb 5272 DeKalb County School District; Millage Rates 11- 6-90 Yes: 63,540 No: 34,207 DeKalb 3900 Code of Ethics; Board of Ethics of DeKalb County; Members; Powers; Duties 11- 6-90 Yes: 104,297 No: 12,387 Douglas 3643 Homestead Exemption; School District Taxes 7-17-90 Yes: 7,185 No: 1,936 Douglas 3650 Board of Commissioners; Membership; Elections 7-17-90 Yes: 6,428 No: 3,293 Douglas 3662 Homestead Exemption 7-17-90 Yes: 6,836 No: 2,309 Douglas 3658 Homestead Exemption 7-17-90 Yes: 7,422 No: 1,813 Effingham 4035 Homestead Exemption; School District Taxes 11- 6-90 Yes: 3,444 No: 423 Fayette 4317 School Superintendent; Appointment; Term 11- 6-90 Yes: 5,949 No: 11,075 Forsyth 4680 Homestead Exemption; School District Taxes 11- 6-90 Yes: 7,969 No: 1,992 Fulton City of Hapeville 3665 Redevelopment Powers 11- 6-90 Yes: 825 No: 396

Page CCCXXI

Fulton City of College Park 4238 Homestead Exemption 5- 7-90 Yes: 540 No: 27 Fulton City of College Park 4242 Redevelopment Powers 5- 7-90 Yes: 481 No: 82 Gordon 3745 Board of Commissioners; Creation; Election 11- 6-90 Yes: 1,758 No: 3,426 Gwinnett City of Buford 4291 Homestead Exemption 11- 3-90 Yes: 755 No: 117 Gwinnett 3774 Homestead Exemption; School District Taxes 11- 6-90 Yes: 67,424 No: 21,536 Gwinnett City of Norcross 3941 Homestead Exemption 6- 5-90 Yes: 135 No: 7 Gwinnett City of Lilburn 4469 Homestead Exemption 5-22-90 Yes: 401 No: 26 Haralson 3868 Board of Commissioners; Creation; Elections; Terms; Powers; Duties 7-17-90 Yes: 1,907 No: 2,008 Harris City of Shiloh 3840 Homestead Exemption 11- 6-90 Yes: 73 No: 21 Henry 5232 Board of Commissioners; Chairman; Election 11- 6-90 Yes: 8,376 No: 4,952 Henry 4474 School Superintendent; Appointment 11- 6-90 Yes: 4,085 No: 9,950 Henry 4476 Board of Education; Members; Elections 11- 6-90 Yes: 9,217 No: 4,270 Jefferson 4224 Board of Education; Election; School Superintendent; Appointment 7-17-90 Yes: 1,927 No: 909 Jones 3790 Homestead Exemption 7-17-90 Yes: 1,854 No: 390

Page CCCXXII

Lamar 4022 Magistrate Court; Chief Magistrate; Selection 11- 6-90 Yes: 1,424 No: 544 Liberty 4045 Enhanced 911 Emergency Telephone Service 11- 6-90 Yes: 1,754 No: 579 Liberty City of Hinesville 4047 Mayor; Councilmembers; Election; Terms 11- 6-90 Yes: 815 No: 367 McIntosh 4781 School Superintendent; Appointment 11- 6-90 Yes: 832 No: 1,046 Monroe City of Forsyth 4764 Homestead Exemption 11- 6-90 Yes: 806 No: 149 Monroe 4547 Board of Commissioners; Salary 11- 6-90 Yes: 901 No: 2,856 Murray 3845 Board of Commissioners; Creation; Members; Elections; Districts 11- 6-90 Yes: 2,065 No: 1,509 Murray 3668 Board of Education; Powers; Duties; Elections; Terms 11- 6-90 Yes: 2,240 No: 974 Peach 4589 Board of Commissioners; Redevelopment Powers 7-17-90 Yes: 837 No: 615 Peach 4155 Board of Education; Election; Terms 11- 6-90 Yes: 2,686 No: 971 Pulaski 4415 Board of Education; Members; Non-partisan Elections Referendum Not Held Rockdale 4654 Board of Education; Election 11- 6-90 Yes: 9,713 No: 4,088 Spalding City of Griffin 4596 Board of Commissioners; Chairman; Powers; Duties Referendum Not Held Spalding City of Griffin 3734 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption Referendum Not Held

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Tattnall City of Reidsville 4918 Mayor; Terms of Office 11- 6-90 Yes: 219 No: 334 Toombs 4603 School Superintendent; Appointment 11- 6-90 Yes: 545 No: 1,121 Twiggs 3935 Homestead Exemptions 7-17-90 Yes: 1,171 No: 319 Upson City of Thomaston 3794 Upson County School Systems; Merger; Board of Education; Members 7-17-90 Upson County: Yes: 2,269 No: 1,227 City of Thomaston: Yes: 1,673 No: 1,055 Walton City of Social Circle 4159 Homestead Exemption; Disabled Residents 7-17-90 Yes: 246 No: 60 Walton City of Social Circle 4171 School District; Homestead Exemption 7-17-90 Yes: 248 No: 39 Walton 4351 Homestead Exemption 7-17-90 Yes: 2,639 No: 369 Wilkes 4592 Board of Education; Election; Terms 11- 6-90 Yes: 1,801 No: 442 Wilkinson City of Ivey 3787 Homestead Exemption 12- 6-90 Yes: 175 No: 14

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BY THE GOVERNOR OF THE STATE OF GEORGIA A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, eight Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 6, 1990; and WHEREAS: The number of votes cast for and against the ratification of the 8 Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 6, 1990, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitution Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 2, 3, 4, 5, 6, 7, 8, and 9, which appeared upon the 1990 General Election ballot, all of which are Amendments to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, are a part of the Constitution of the State of Georgia of 1983. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1991. FURTHER: I do proclaim that the referendum results concerning proposed Constitutional Amendment number 1 which appeared upon the 1990 General Election ballot, which was a proposed Amendment to the Constitution of the State of Georgia of

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1983 have been enjoined from certification or announcement by order dated November 5, 1990, of the United States District Court for the Northern District of Georgia. This 11th day of January, 1991. /s/ Joe Frank Harris GOVERNOR ATTEST /s/ Tom Lewis SENIOR EXECUTIVE ASSISTANT I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 6, 1990, the number of votes cast for and against General Constitutional Amendments numbers 2 through 9 voted on in said election are tabulated on the two typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE.

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 6, 1990 2. H.R.763 Res.Act85 (Ga.L.1990, P.2433) 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 postsecondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues? YES: 605,013 52.09% NO: 556,376 47.91% 3. H.R.836 Res.Act95 (Ga.L.1990, P.2437) 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? YES: 726,907 61.94% NO: 446,716 38.06% 4. H.R.588 Res.Act75 (Ga.L.1990, P.2432) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management resuce specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991? YES: 776,084 69.07% NO: 347,463 30.93% 5. H.R.279 Res.Act67 (Ga.L.1990, P.2429) 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? YES: 301,202 28.06% NO: 772,271 71.94%

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6. S.R.116 Res.Act107 (Ga.L.1990, P.2443) 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? YES: 693,599 61.12% NO: 441,170 38.88% 7. H.R.861 Res.Act99 (Ga.L.1990, P.2440) Shall the Constitution be amended so as to authorize the General Assembly to confer by law jurisdiction upon municipal courts to try state offenses? YES: 619,381 58.04% NO: 447,706 41.96% 8. H.R.585 Res.Act72 (Ga.L.1990, P.2430) 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 in the county in which the plaintiff resides? YES: 744,997 66.47% NO: 375,751 33.53% 9. H.R.796 Res.Act106 (Ga.L.1990, P.2441) 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? YES: 647,596 58.56% NO: 458,326 41.44%

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BY THE GOVERNOR OF THE STATE OF GEORGIA A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article X, Section I, Paragraph II of the Constitution of the State of Georgia of 1983, nine Constitutional Amendments to the Constitution of the State of Georgia of 1983 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 6, 1990; and WHEREAS: The number of votes cast for and against the ratification of eight of the nine Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 6, 1990, were counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to then Governor Joe Frank Harris; and WHEREAS: Then Governor Joe Frank Harris proclaimed on January 11, 1991, that proposed Constitutional Amendment numbers 1, 2, 4, 5, 6, 7, 8, and 9, which appeared upon the 1990 General Election ballot as having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday November 6, 1990, and as being a part of the Constitution of the State of Georgia of 1983; and WHEREAS: Said Proclamation of then Governor Harris erroneously proclaimed proposed Constitutional Amendment number 5 as having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, and as being made a part of the Constitution of the State of Georgia; and WHEREAS: Said Proclamation further failed to proclaim the referendum results concerning proposed Constitutional Amendment number 1 which appeared upon the 1990 General Election ballot for the reason that the United States District Court for the Northern District of Georgia had enjoined the certification or announcement of such referendum results; and WHEREAS: The number of votes cast for and against the ratification of Constitutional Amendment number 1 to the Constitution of the State of Georgia of 1983 voted on in the General Election

Page CCCXXIX

held on November 6, 1990, were counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia and the results thereof certified to me as Governor of the State of Georgia on March 4, 1991; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitution Amendment. NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendment number 5 which appeared upon the 1990 General Election ballot as an Amendment to the Constitution of the State of Georgia of 1983 was not ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, and the Proclamation by Governor Joe Frank Harris of January 11, 1991, shall be and hereby is deemed amended accordingly; and FURTHER: That Constitutional Amendment number 1, which appeared upon the 1990 General Election ballot, which is an Amendment to the Constitution of the State of Georgia of 1983, having been ratified according to the Constitution of the State of Georgia of 1983 according to the results of the November 1990 General Election held on Tuesday, November 6, 1990, is a part of the Constitution of the State of Georgia of 1983. Unless the amendment itself shall provide otherwise, such amendment to the Constitution shall become effective on January 1, 1991. This 20th day of March, 1991. /s/ Zell Miller GOVERNOR ATTEST /s/ Keith W. Mason EXECUTIVE SECRETARY

Page CCCXXX

I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State on November 6, 1990, the number of votes cast for and against General Constitutional Amendment Number One voted on in said election is tabulated on the one typewritten page hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE. I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 6, 1990, the number of votes cast for and against General Constitutional Amendments numbers 2 through 9 voted on in said election are tabulated on the two typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth. /s/ Max Cleland SECRETARY OF STATE.

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 6, 1990 1. H.R. 777 Res.Act87 (Ga. L. 1990, P.2435) 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? YES: 615,333 53.11% NO: 543,215 46.89% 2. H.R. 763 Res.Act85 (Ga.L.1990, P.2433) 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 postsecondary education and to authorize that advance payment of tuition contracts may be guaranteed with state revenues? YES: 605,013 52.09% NO: 556,376 47.91% 3. H.R.836 Res.Act95 (Ga.L.1990, P.2437) 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 timbeer 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? YES: 726,907 61.94% NO: 446,716 38.06% 4. H.R.588 Res.Act75 (Ga.L.1990, P.2432) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to licensed emergency management resuce specialists who are killed or permanently disabled in the line of duty on or after January 1, 1991? YES: 776,084 69.07% NO: 347,463 30.93%

Page CCCXXXII

5. H.R.279 Res.Act67 (Ga.L.1990, P.2429) 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? YES: 301,202 28.06% NO: 772,271 71.94% 6. S.R.116 Res.Act107 (Ga.L.1990, P.2443) 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? YES: 693,599 61.12% NO: 441,170 38.88% 7. H.R.861 Res.Act99 (Ga.L.1990, P.2440) Shall the Constitution be amended so as to authorize the General Assembly to confer by law jurisdiction upon municipal courts to try state offenses? YES: 619,381 58.04% NO: 447,706 41.96% 8. H.R.585 Res.Act72 (Ga.L.1990, P.2430) 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 in the county in which the plaintiff resides? YES: 744,997 66.47% NO: 375,751 33.53% 9. H.R.796 Res.Act106 (Ga.L.1990, P.2441) 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? YES: 647,596 58.56% NO: 458,326 41.44%

Page CCCXXXIII

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 24, 1991 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 287, 450, 478, 480, 557, 655, 759, 763, 774 and, House Resolution 352 which were passed by the General Assembly of Georgia at the 1991 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/ Zell Miller Zell Miller ZM:cwb Attachments cc: Honorable Pierre Howard, 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 CCCXXXIV

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 24, 1991 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bills 153, 272, 357 and 382 which were passed by the General Assembly of Georgia at the 1991 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/ Zell Miller Zell Miller ZM:cwb Attachments cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

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VETO NUMBER ONE HOUSE BILL 763. COLWELL OF THE 4TH. This bill would have provided a salary supplement to the Commissioner of Corrections through earnings received by the Georgia Correctional Industries Administration. I believe that all salaries of department heads shall be established through the budget process and this bill would circumvent that process. Accordingly, I hereby veto House Bill 763. VETO NUMBER TWO SENATE BILL 382. KIDD OF THE 25TH. This bill amends the Recall Act of 1989 by increasing the procedural and evidentiary burdens of those seeking to recall public officials. Senate Bill 382 would restrict the ability of the public to recall a public official to cases in which the public official violated state law. By so doing, the public could not proceed with the recall of a public official on grounds of violation of federal law. Senate Bill 382 would also preclude the recall of a public official who had taken action in good faith and in the absence of fraud and corruption. I cannot countenance such a restriction on this important tool of democratic expression, and for this reason, I hereby veto Senate Bill 382. VETO NUMBER THREE HOUSE BILL 480. BOSTICK OF THE 138TH. This bill would have removed the cap on service charges permitted to be charged by ticket agents. Current law provides for a cap of $3.00 on such service charges. This bill would have opened the door to unlimited charges with the potential of consumer gouging. This is an anti-consumer bill. Therefore, for the protection of the consumer, I hereby veto House Bill 480. VETO NUMBER FOUR HOUSE BILL 655. ALFORD OF THE 57TH; BAKER OF THE 51ST; TEPER OF THE 46TH. This bill created the City of DeKalb Study Commission. Following passage of the bill by the legislature, the authors of the bill found several technical errors in the bill. Subsequently, the authors passed House Bill 882 dealing with the same subject matter correcting

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such technical errors and requested a veto of House Bill 655. Therefore, I hereby veto House Bill 655. VETO NUMBER FIVE HOUSE BILL 759. TWIGGS OF THE 4TH AND COLWELL OF THE 4TH. House Bill 759 changed the manner of compensation of the Clerk of the Superior Court of Rabun County. Due to local controversy surrounding this bill, the authors requested that I veto it. Therefore, I hereby veto House Bill 759. VETO NUMBER SIX SENATE BILL 153. DEAL OF THE 49TH AND GARNER OF THE 30TH. Current law requires appellate judges who serve beyond the age of 75 to forfeit their retirement benefits. Senate Bill 153 would amend this law by permitting an appellate judge to continue to serve beyond the age of 75 if certified as capable by the Judicial Qualifications Commission. The administration of justice in this State is at a critical junction. The laws concerning the election of the Georgia judiciary are currently being scrutinized in several judicial arenas. All legislation affecting the judiciary must be carefully considered for the potential immediate ramifications it might have on the outstanding litigation as well as long-term ramifications on the composition of the judiciary. One of my first acts as Governor was to reconstitute the Judicial Nominating Commission in an effort to promote diversity on the bench. Senate Bill 153 and its counterpart, House Bill 478, are counter to my efforts by encouraging the status quo. Although I commend those who have ably and honorably served this State for many years in an appellate capacity, I favor the incentives for retirement now present in the law. It is my opinion that the current law achieves that delicate balance between experience and the infusion of new ideas and new judges so necessary to ensure diversity and the administration of justice in this State. For these reasons, I hereby veto Senate Bill 153. VETO NUMBER SEVEN HOUSE BILL 478. GROOVER OF THE 99TH AND MURPHY OF THE 18TH. Current law requires members of the Superior Court Judges Retirement System who serve beyond the age of 75 to forfeit their

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retirement benefits and members of the Trial Judges and Solicitors Fund who serve beyond the age of 70 to forfeit their retirement benefits. House Bill 478, like its counterpart for appellate judges, Senate Bill 153, would permit such judges to serve provided they are certified as capable by the Judicial Qualifications Commission. In my veto message on Senate Bill 153, I outlined my objections to the concept embraced in House Bill 478. That same reasoning applies to the Superior Court Judiciary which is currently the focus of litigation. I cannot approve legislation which preserves the status quo and still achieve the diversity of the bench that I am so firmly committed to in principle. For this reason, I hereby veto House Bill 478. VETO NUMBER EIGHT SENATE BILL 272. GILLIS OF THE 20TH; ROBINSON OF THE 16TH; AND HOOKS OF THE 14TH. This bill would provide for reimbursement of expenses of volunteers working with the Department of Natural Resources as well as payment of premiums for liability insurance and workers' compensation. In part, this bill addresses the growing concerns of volunteers regarding their potential for liability when performing volunteer activities. Although the State is fortunate to have persons who volunteer for public service activities, there are other, less costly, alternatives to the State to provide some degree of protection from liability claims for the volunteers. One such alternative is to provide for a limited immunity to volunteers engaged in public service activities. Likewise, the payment of workers' compensation benefits to volunteers injured on the job may involve a significant liability on the part of the State. It is estimated that a program of up to 1000 volunteers working with the Department of Natural Resources could result in a payment of up to an additional $500,000 annually for workers' compensation benefits. Given the current financial situation of the State, I am reluctant for the State through its Department of Natural Resources to incur such a contingent liability. For these reasons, I hereby veto Senate Bill 272.

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VETO NUMBER NINE SENATE BILL 357. FOSTER OF THE 50TH; DEAL OF THE 49TH; AND JOHNSON OF THE 47TH. Senate Bill 357 provides for partial State funding of local welcome centers. The amount of State funding would be tied to the level of visitation at the local welcome center. The funding thresholds are more liberal than budgeted through the Department of Industry and Trade. Due to current fiscal restraints, I am concerned about tying the State to a statutorily expressed funding formula which would mandate an increase in the Fiscal Year 1992 budget. I am further concerned that economic projections disclose that overall funding pursuant to Senate Bill 357 could cost the State $260,000 in Fiscal Year 1993. I can give no assurances that such funds will be available for this purpose during this recessionary period. Therefore, I hereby veto Senate Bill 357. VETO NUMBER TEN HOUSE BILL 287. GREENE OF THE 130TH; EDWARDS OF THE 112TH; HOLMES OF THE 28TH. In 1990, the Georgia General Assembly passed the Georgia Municipal Training Act. That legislation provides for a board of directors of the Georgia Municipal Training Institute. The 1990 law further requires that two members of the board shall be the president or designee of the Georgia Municipal Association and the executive director or designee of the Georgia Municipal Association. House Bill 287 increases the number of directors on the board to eight by including the president or designee of the Municipal Clerks and Finance Officers Association. The Georgia Supreme Court, in Rogers v. Medical Association of Georgia, 244 Ga. 151 (1979), held that the delegation of power of appointment to a public office to a private organization is unconstitutional. The Municipal Clerks and Finance Officers Association is a private entity and is not created pursuant to state law. The composition of the board of directors for the Georgia Municipal Training Institute is currently constitutionally suspect because it provides that the board shall consist of two officials of the Georgia Municipal Association as designated by the Georgia Municipal Association. The Georgia Municipal Association is also a private entity. I certainly do not intend to compound the problem by adding an additional constitutionally suspect board member. Therefore, I hereby veto House Bill 287.

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VETO NUMBER ELEVEN HOUSE BILL 450. SNOW OF THE 1ST; MOBLEY OF THE 64TH; PADGETT OF THE 86TH. House Bill 450, the Georgia Prompt Payment Act, has twice passed the legislature only to be vetoed by the Governor. I continue that practice today for the very simple reason that I see no compelling reason for its enactment into law. The Georgia Prompt Payment Act would require state agencies and authorities to pay their bills and rent within 30 days of invoice, or be subject to a 1% per month penalty. It would also require additional administration burdens on agencies already suffering hiring freezes and potential personnel reductions. Statistical data reflects a decrease from over 20% of payments after 30 days by the State in 1986 to a mere 3% in Fiscal Year 1990. Even at the low percentage of 3%, House Bill 450, would have cost the State over one-half million dollars in interest for Fiscal Year 1990. Those dollars would have had to have come from the limited funds appropriated to deserving programs. Although I believe in making financial commitments in a timely and prompt manner, I think it is ill-advised to mandate by statute that such payments be made within 30 days and to provide for significant monetary penalties in the unlikely event that such payments are not made. It is the State which is accountable for prompt payment; however, it is the taxpayer who would ultimately be responsible for such interest payments. As chief executive of this State, I pledge that I will work for prompt payment by all state agencies and authorities. I will not place that burden on the Georgia taxpayer. For these reasons, I hereby veto House Bill 450. VETO NUMBER TWELVE HOUSE BILL 557. OLIVER OF THE 121ST; BARGERON OF THE 108TH; GODBEE OF THE 110TH. House Bill 557 establishes a mandatory salary schedule for school bus drivers by statute, with dollar amounts for pay increments specified in the statute based on years of experience. This bill is objectionable in principle to me for several reasons. First, statutorily specified salary schedules are inflexible, and can thereby present problems in terms of fiscal management. Secondly, I would also point out that specifying school bus drivers' salaries by

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statute might be considered to grant preferential treatment to bus drivers over teachers since teachers' salaries are not so specified. While both perform very important functions, I do not agree that bus drivers should receive preferential salary treatment over classroom teachers. I am also opposed to House Bill 557 because enactment of House Bill 557 could result in a pay increase of up to 10% for school bus drivers at a certain level of experience. That prospect is totally unacceptable in a year wherein most state employees and many education personnel are getting neither a cost of living increase nor a longevity increment due to fiscal constraints. Finally, I am concerned that the ultimate burden of higher salaries for bus drivers would fall on local government and therefore be borne by the property owner in the form of higher property taxes. This is not the year to burden our citizenry nor our local governments with the potential for higher costs fixed by statute. For these reasons, I hereby veto House Bill 557. VETO NUMBER THIRTEEN HOUSE BILL 774. DUNN OF THE 73RD. This bill would make it a deceptive practice to advertise that a patient's deductible or copayment under a health insurance policy or plan will be waived by a licensed health care practitioner. After passage of the bill, non-profit community health centers became concerned that this law would conflict with federal law which requires non-profit community health centers to advertise a sliding fee scale and the waiver of copayments and deductibles. Following a discussion with the author of this bill, I have agreed to veto the bill to avoid placing non-profit community health centers in a position whereby they would necessarily be in violation of either State law or federal law, depending on which conflicting mandate they met. Community health centers perform a valuable public service. The State should not erect barriers to health care for that segment of Georgia's population which depends on community health centers for their primary health care. For these reasons, I hereby veto House Bill 774. VETO NUMBER FOURTEEN HOUSE RESOLUTION 352. MEADOWS OF THE 91ST. House Resolution 352 would authorize the State Properties Commission to negotiate a long-term lease of state-owned property in the Warm Springs area. The lease would include the area containing

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the historic hydrotherapy pool. The purpose of the lease would be to expand an existing nine-hole golf course to an eighteen-hole golf course. Long-term leases of this magnitude require feasibility studies and appraisals. In connection with House Resolution 352, the State Properties Commission estimates that such feasibility studies and appraisals would cost up to $20,000. House Resolution 352 did not originate by or through the State Properties Commission as do most resolutions dealing with the sale or lease of state properties. Therefore, funds have not been budgeted by the State Properties Commission to conduct the feasibility studies and appraisals which are necessary for the State to negotiate a long-term lease of this nature. For this reason, I hereby veto House Resolution 352. VETO NUMBER FIFTEEN SENATE RESOLUTION 198. HARRIS OF THE 27TH; GILLIS OF THE 20TH; COLLINS OF THE 17TH; AND JOHNSON OF THE 47TH. This Resolution would authorize the State Properties Commission to negotiate a long-term lease with a private entity to lease certain abandoned hydro-electric facilities at High Falls State Park and Watson Bridge State Park. This would require that the State Properties Commission conduct certain feasibility studies and appraisals prior to negotiation of the lease. The State Properties Commission estimates that these feasibility studies could cost the State up to $20,000. Senate Resolution 198 did not originate by or through the State Properties Commission prior to introduction. Therefore, the State Properties Commission has not budgeted the funds necessary to conduct the feasibility study. For this reason, I hereby veto Senate Resolution 198.

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ADDENDUM TO STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1990 LEGISLATIVE SESSION May 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 State Auditor is required to submit a report for printing in the annual session laws of the State of Georgia covering all retirement bills having a fiscal impact which had actuarial evaluations and were subsequently enacted during the legislative session. The report was properly filed with your office on April 30, 1990 and indicated, by retirement system, whether or not provision had been made for the concurrent funding of each fiscal bill in conformity with applicable code requirements. This serves as an addendum to the report dated April 30, 1990. The following bills were amended during the legislative process becoming non fiscal and not requiring an actuarial investigation. Technical language was inadvertently retained in both bills requiring concurrent funding and this addendum to the earlier report satisfies the technical requirements so both bills may be enacted. The bills were as follows: Retirement System Bill No. Act No. Title of Bill Comments Employees' HB 754 1296 Survivor's Benefits Provision made for Retirement concurrent funding System (not a retirement bill) Peace Officers Annuity HB 115 1084 Spouse Beneficiary Provision made for and Benefit Fund concurrent funding (non fiscal bill) Sincerely, /s/ G. W. Hogan G. W. Hogan State Auditor GWH/bh